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HomeMy WebLinkAbout2010-02-23; City Council; 20133; Continuation of Declaration of Local Emergency for Carlsbad Boulevard Roadfill FailureCITY OF CARLSBAD - AGENDA BILL AB*20.133 MTG. 02/23/10 DEPT. TRAN CONTINUATION OF DECLARATION OF LOCAL EMERGENCY FOR CARLSBAD BOULEVARD ROADFILL FAILURE DEPT. DIRECTOR CITY ATTORNEY CITY MANAGER ffo ^ RECOMMENDED ACTION: Adopt Resolution No. 2010-035 to continue the Declaration of a Local Emergency for repair and stabilization of a roadfill failure along the number two lane of Carlsbad Boulevard, Southbound, northerly and southerly of the Encinas Creek Bridge. ITEM EXPLANATION: On January 17, 2010, and for several days following, severe storms produced substantial rainfall, flooding and destructive tidal-surge wave action in Carlsbad. These events occurred on or about the same time as higher than normal tides produced by an astronomical high tide event. On February 2, 2010, during a routine inspection, staff determined that the roadway along Carlsbad Boulevard, north and south of the Encinas Creek Bridge had been compromised and the integrity of the roadway was at risk. Staff implemented protocols to ensure the safety of the motoring public, bicyclists, and pedestrians, and a local state of emergency was declared on February 5, 2010. Federal-Aid Highway Emergency Relief or California Disaster Assistance may be available to either fully or partially cover repair costs. Federal-Aid is currently being pursued by Staff. Staff is in the process of preparing a design to temporarily protect Carlsbad Boulevard from destructive tidal-surge action, and protect the Encina Wastewater Authority Sewer Treatment plant outfall. The California Coastal Commission has been notified of the City's intent to make the repairs under an Emergency Coastal Development Permit. ENVIRONMENTAL IMPACT: Emergency projects are statutorily exempt from CEQA pursuant to CEQA Guidelines Section 15269. FISCAL IMPACT: Cost estimates to repair and mitigate the damage to this roadway are pending. This declaration will initiate a review by appropriate State agencies to determine if the damage incurred is eligible for reimbursement from either the State or Federal Government. The potential funding source for the repairs has not yet been identified. Staff will return to Council at a future date with this information. EXHIBITS: 1. Resolution No. 2010-035 continuing the Declaration of a Local Emergency for repair and stabilization of a roadfill failure along the number two lane of Carlsbad Boulevard, Southbound; northerly and southerly of the Encinas Creek Bridge. 2. Declaration of Local Emergency dated 2/5/2010. DEPARTMENT CONTACT: Skip Hammann (760) 434-2856. Skip.hamman@carlsbadca.gov Jacob Moeder (760) 602-2736. Jacob.Moeder@carlsbadca.gov FOR CITY CLERKS USE ONLY / COUNCIL ACTION: APPROVED X DENIED ^CT CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES D Dn D 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2010-035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, PROCLAIMING THE CONTINUATION OF A DECLARATION OF A LOCAL EMERGENCY TO REPAIR/REPLACE ROADFILL AT CARLSBAD BOULEVARD SOUTHBOUND, NORTHERLY AND SOUTHERLY 1 2 3 4n OF ENCINAS CREEK BRIDGE. 5 WHEREAS, conditions of extreme peril to the safety of persons and property have 6 arisen within the City of Carlsbad caused by severe storms and associated tidal action beginning on or about the 17th day of January, 2010, and the subsequent failure of roadfill along Carlsbad Boulevard Southbound, northerly and southerly of Encinas Creek Bridge, within the City Limits of Carlsbad; and WHEREAS, these conditions created 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 of the services, personnel, equipment and facilities of the City of Carlsbad; and WHEREAS, these conditions are determined to have been caused by an act of nature, not reasonably mitigated by the best efforts of the City and its Staff; and WHEREAS, the roadway in question is classified as a federal highway, and as such the City may be eligible for reimbursement for expenses related to the repair and stabilization of the roadway; and WHEREAS, 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 WHEREAS, on February 5, 2010, the City Manager declared a Local Emergency; and WHEREAS, City Council of the City of Carlsbad ratified the emergency at a special meeting held on February 9, 2010; and 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. 1 2 3 4 emergency actions taken and determine the need to continue the emergency. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. There is a need to continue the local emergency declared Tuesday, February 9, 2010, by adoption of Resolution 2010-030 to repair/replace roadfill at Carlsbad Boulevard southbound, northerly and southerly of Encinas Creek Bridge. 3. That every fourteen days the City Manager shall review with City Council the 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 Regular Meeting of the City Council of the City of Carlsbad on the 23rd day of February, 2010, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None.r LORRAINE lyi. WOODrefity Clerk 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 of persons and property have arisen within the City of Carlsbad caused by severe storms and associated tidal action beginning on or about 17th day of January, 2010 the subsequent failure of roadfill along Carlsbad Boulevard Southbound, northerly and southerly of Encina Creek Bridge; 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 of the services, personnel, equipment and facilities of the 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 of the emergency organization of the City of Carlsbad are those prescribed by state law, by ordinances and resolutions of the City of Carlsbad Emergency Plan. Dated: •^O By: "iiisa Hildabrand, City Manager City of Carlsbad, California