HomeMy WebLinkAbout2019-12-17; Municipal Water District; Resolution 1629RESOLUTION NO. 1629
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD
MUNICIPAL WATER DISTRICT (CMWD BOARD), CONFIRMING THE
EXECUTIVE MANAGER'S DECLARATION OF A LOCAL EMERGENCY FOR
REPAIR OF A POTABLE WATER MAIN LOCATED ON AVENIDA ENCINAS AND
CROSSING UNDER THE NORTH COUNTY TRANSIT DISTRICT RAILROAD
TRACKS.
WHEREAS, the CMWD Board empowers the executive manager to proclaim the existence of a
local emergency when CMWD is affected by a public calamity and the CMWD Board is not in session;
and
WHEREAS, on Dec. 11, 2019, the executive manager declared a local emergency for repair of a
potable water main located in the North County Transit District (NCTD) railroad right of way; and
WHEREAS, Carlsbad Municipal Code (CMC) Sections 3.28.080(B) and 3.28.080(H) implement
Public Contract Code Section 22032 and allow for construction projects less than $200,000 to be
awarded by the executive manager using informal bidding procedures.; and
WHEREAS, CMC Section 3.28.ll0(A) implements Public Contract Code Section 22035 and
provides for an exemption from these procedures for emergency construction procurements, and to
use the emergency exemption, CMC Section 3.28.120, as well as Public Contract Code Sections 22035
and 22050, requires a declaration of a local public emergency by a four-fifths vote of the CMWD Board,
or by the executive manager subject to confirmation by a four-fifths vote of the CMWD Board at the
next regular CMWD Board meeting; and
WHEREAS, staff requests that the CMWD Board confirm the declaration for a local emergency
for repair of a potable water main located in the NCTD railroad right of way.
NOW, THEREFORE, BE IT RESOLVED by the Carlsbad Municipal Water District Board of the City
of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the Declaration for a Local Emergency for repair of a potable water main located in
the North County Transit District railroad right of way is confirmed.
Dec. 17, 2019 Item #14 Page 4 of 18
PASSED, APPROVED AND ADOPTED at a Special Meeting of the Carlsbad Municipal Water
District of the City of Carlsbad on the 17th day of December 2019, by the following vote, to wit:
AYES: Hall, Blackburn, Bhat-Patel, Schumacher.
NAYS: None.
ABSENT: None.
MATT HALL, PRESIDENT
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l"f BARBARA ENGLESON, SECRETARY I Clfj
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Dec. 17, 2019 Item #14 Page 5 of 18