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HomeMy WebLinkAbout2009-03-17; Municipal Water District; 676; Repair Recycled Water Line Break Palomar AirportCARLSBAD MUNICIPAL WATER DISTRICT AGENDA BILL 676AB# MTG. 3/17/09 DEPT. PW-M&O RETROACTIVE DECLARATION OF LOCAL EMERGENCY FOR REPAIR OF A RECYCLED WATER LINE BREAK ON PALOMAR AIRPORT ROAD DEPT. HEAD CITY ATTY. CITY MGR. RECOMMENDED ACTION: Adopting a Resolution to proclaim the existence of a Retroactive Declaration of Local Emergency for the repair of a recycled water line break. ITEM EXPLANATION: On February 5, 2009 conditions of extreme peril to the safety of persons and property arose within the City of Carlsbad caused by a 27" recycled water line break crossing the three East bound lanes of Palomar Airport Road, approximately 500' east of El Camino Real, in Carlsbad, California. ENVIRONMENTAL IMPACT: Emergency projects are statutorily exempt from CEQA pursuant to CEQA Guidelines section 15269. FISCAL IMPACT: Funds will be estimated and identified by the Public Works Engineering Department and brought to the Board in a separate action. EXHIBITS: 1. Retroactive Declaration of Local Emergency; 2. Resolution No. 1348 proclaiming the Retroactive Declaration of a Local Emergency for the repair of a recycled water line break on Palomar Airport Road. DEPARTMENT CONTACT: Mark Stone 760-438-2722 mston@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY COUNCIL ACTION: APPROVED tf DENIED D CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETU RN ED TO STAFF D OTHER - SEE MINUTES D RETROACTIVE DECLARATION OF LOCAL EMERGENCY WHEREAS, the Board of Directors of the Carlsbad Municipal Water District empowers the Executive Manager to proclaim the existence of a local emergency when said District is affected by a public calamity and the Board of Directors is not in session; and WHEREAS, the Executive Manager of the Carlsbad Municipal Water District does hereby find: That on February 5, 2009 conditions of extreme peril to the safety of persons and property arose within the City of Carlsbad caused by a 27" recycled water line break crossing the three eastbound lanes of Palomar Airport Road, approximately 500' east of El Camino Real; and That these conditions created an unexpected occurrence that posed a clear and imminent danger and required immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services, that were beyond the control of the services, personnel, equipment and facilities of the Carlsbad Municipal Water District; and That these conditions did not permit a delay resulting from a competitive solicitation for bids, and that the action was necessary to respond to the emergency; and That the Board of Directors of the Carlsbad Municipal Water District was not in session and could not immediately be called into session. NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency existed in the Carlsbad Municipal Water District; and IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency, the powers, functions and duties of the emergency organization of Carlsbad Municipal Water District are those prescribed by state law, by ordinances and resolutions of the City of Carlsbad Emergency Plan. Dated: 3> o&1 By: Tisa Hildabrand, Executive Manager Carlsbad Municipal Water District 1 RESOLUTION NO. 1348 2 A RESOLUTION OF THE CARLSBAD MUNICIPAL WATER 3 DISTRICT BOARD OF DIRECTORS OF CARLSBAD, CALIFORNIA, PROCLAIMING A RETROACTIVE DECLARATION 4 OF A LOCAL EMERGENCY 5 WHEREAS, on February 5, 2009 conditions of extreme peril to the safety of6 persons and property arose within the City of Carlsbad caused by a 27" recycled water 8 line break crossing the three East bound lanes of Palomar Airport Road, approximately 9 500' east of El Camino Real, in Carlsbad, California; and 10 WHEREAS, these conditions created an unexpected occurrence that posed a 11 clear and imminent danger and required immediate action to prevent or mitigate the loss 19 or impairment of life, health, property, or essential public services, and are or are likely 13 to be beyond the control of the services, personnel, equipment and facilities of the 14 Carlsbad Municipal Water District; and 15 WHEREAS, these conditions did not permit a delay resulting from a competitive 16 solicitation for bids, and that the action was necessary to respond to the emergency; 18 and -19 WHEREAS, the Board of Directors of the Carlsbad Municipal Water District was 20 not in session and could not immediately be called into session; and 21 WHEREAS, in the event of an emergency, Section 3.28.130 of the Carlsbad 22 Municipal Code gives the City Manager authority to declare a public emergency subject 23 to confirmation by the Carlsbad Municipal Water District Board of Directors, by four- 24 fifths vote at its next regularly scheduled meeting following the declaration of the 25 emergency; and 26 /// 27 28 '" 1 NOW, THEREFORE, BE IT RESOLVED by the Carlsbad Municipal Water 2 District Board of Directors of the City of Carlsbad, California, as follows: 3 1. That the above recitations are true and correct. 4 2. There is a need to proclaim the state of the local emergency that occurred 5 on Thursday, February 5, 2009, by adoption of Resolution No. 1348 . 6 3. That the City Manager or her designee is authorized and directed to complete and file all appropriate forms and documents necessary to abate the 9 emergency and to obtain the maximum cooperation and assistance both financial and 10 otherwise in responding to this emergency. 11 4. That every fourteen days the City Manager shall review with the CMWD 12 Board the emergency actions taken to date and determine the need to continue the 13 emergency. 14" 15 16 17 18 '// 19 /// 20 /// 21 /// 22 /// 23 /// 24 25 26 27 28 Y 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Special Meeting of the Board of Directors of the Carlsbad Municipal Water District of the City of Carlsbad on the 17th day of March, 2009, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. ATTEST: 6P, LORRAINE M. WOOD, Secretary (SEAL) S : eo t