HomeMy WebLinkAbout2017-02-14; City Council; Resolution 2017-023EXHIBIT 1
RESOLUTION NO. 2017-023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, CONTINUING THE DECLARATION OF A LOCAL EMERGENCY
ON THE WEST SIDE OF BATIQUITOS DRIVE,0.25 MILES SOUTH OF
POINSETTIA LANE,PURSUANT TO PUBLIC CONTRACT CODE 22050 AND
CARLSBAD MUNICIPAL CODE SECTION 3.28.120.
WHEREAS,During recent rain events in mid-late December 2016, large amounts of sediment
were observed in city right of way on Batiquitos Drive, creating issues with street flooding, large scale
cleanup of sediment and concern for the failure of the detention basin on the property; and
WHEREAS,Carlsbad Municipal Code 3.28.120 gives the city manager authority to declare a
public emergency "when repair or replacements are necessary to permit the continued conduct of the
operation or services of a public agency or to avoid danger to life or property," subject to confirmation
by the city council at the next regularly scheduled meeting following the declaration of the emergency,
by a four-fifths vote; and
WHEREAS,on Dec.27,2016,the city manager signed the Declaration of Local Emergency,
attached to this Resolution as Attachment A; and
WHEREAS,under the Declaration of Local Emergency,the city manager directed the Public
Works department to commence temporary emergency repairs; and
WHEREAS,the Public Works department hired a contractor to perform temporary emergency
repairs; and
WHEREAS, on Jan. 10, 2017, the City Council confirmed the Declaration of Local Emergency by
a unanimous vote by adopting Resolution No. 2017-006; and
WHEREAS, on Jan. 24, 2017, City Council adopted Resolution No. 2017-017 by a unanimous vote
to continue the state of local emergency; and
EXHIBIT 1
WHEREAS,the City Council has received the necessary information and update in order to
evaluate the continuing need for a local state of emergency; and
WHEREAS,it is the intent of the City Council to do all things necessary to effectuate this intent.
NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Carlsbad, California,as
follows:
1.That the above recitations are true and correct.
2.That the declaration of local emergency on the west side of Batiquitos Drive, 0.25 miles south
of Poinsettia Lane,is continued.
3.That every 14 days the City Manager shall review with the City Council the emergency actions
taken to date and determine the need to continue the emergency.
PASSED,APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 14th day of February, 2017, by the following vote, to wit:
AYES:M. Hall,K.Blackburn,C.Schumacher, M. Packard.
NOES:None.
ABSENT:M. Schumacher.
714HtLL,Mayor
}C
BARBARA ENGLESON,Ci erk
(SEAL)0011117.i,,
RSBAD
•\*.c‘.:.°ism ';Iv V;o=-r.z
*'tiffitwo
A -Ad/IA/tem-A
DECLARATION OF LOCAL EMERGENCY
WHEREAS, the City Council of the City of Carlsbad empowers the City Manager
to proclaim the existence of a local emergency when said City is affected by a public
calamity and the City Council is not in session; and
WHEREAS, the City Manager of the City of Carlsbad, California does hereby
find:
That conditions of extreme peril to the safety ofpersons and property have arisen
within the City of Carlsbad associated with a basin on the west side ofBatiquitos Drive,
approximately 0.25 miles south ofPoinsettia Lane, causing erosion around the spillway
of the basin and a discharge of sediment to Batiquitos Drive during rain events; and
That these conditions are creating unexpected occurrences that pose 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, and are or are likely to
be beyond the control ofthe services, personnel, equipment and facilities ofthe City of
Carlsbad; and
That these conditions do not permit a delay resulting from a competitive
solicitation for bids, and that the action is necessary to respond to the emergency; and
That the City Council of the City of Carlsbad was not in session and could not
immediately be called into session.
NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency
now exists throughout the City of Carlsbad, California; and
IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of
said local emergency, the powers, functions and duties ofthe emergency organization of
the City of Carlsbad are those prescribed by state law, by ordinances and resolutions of
the City of Carlsbad Emergency Plan.
,i00.4100fDated:iz By:
Kevin Crawford, City Manager
City of Carlsbad, California