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HomeMy WebLinkAbout2017-02-14; City Council; ; Adopt a Resolution 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 3.28.120CA Review 115 At.oc. CAAct CITY COUNCIL o Staff Report e4c/Focie Meeting Date:Feb. 14, 2017 To:Mayor and City Council From:Kevin Crawford, City Manage/ Staff Contact:James Wood, Environmental Manager James.wood@carlsbadca.gov or 760-602-7584 Subject:Adopt a Resolution 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. Recommended Action Adopt a Resolution 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. Executive Summary Due to the condition of the detention basin on Batiquitos Drive, 0.25 miles south of Poinsettia Lane,it is necessary to continue the Emergency Declaration issued on Dec. 27, 2016, to ensure immediate work can be completed.Staff will continue to monitor the performance of the basin to abate the emergency. Discussion On Dec.27,2016,the city manager declared a local emergency and the city planner issued Emergency Coastal Development Permit 2016-0009, allowing staff to contract for work necessary to mitigate the hazardous situation.On Jan.10,2017, City Council confirmed the Declaration of Local Emergency by adopting Resolution No. 2017-006. On Jan. 24, 2017, City Council continued the Declaration of Local Emergency by adopting Resolution No. 2017-017. The city has applied for a Coastal Development Permit.A recommendation to continue or terminate the declaration will be made in two weeks. Fiscal Analysis Public works had established an account to track all costs and has moved $100,000 of contingency money into the account. Next Stem Staff is working to complete applications with regulatory agencies necessary to document the emergency work completed.Upon completion of the construction contract work, staff will file a Notice of Completion. Environmental Evaluation (CEQA) Emergency projects are statutorily exempt from CEQA pursuant to CEQA Guidelines Section 15269. Public Notification None required. Exhibits 1.Resolution 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 2.Emergency Coastal Development Permit 2016-0009 • EXHIBIT 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 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 ofCarlsbad, California does hereby find: That conditions ofextreme peril to the safety ofpersons and property have arisen within the City of Carlsbad associated with a basin on the west side of Batiquitos Drive, approximately 0.25 miles south of Poinsettia Lane, causing erosion around the spillway ofthe 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 of the 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 ofthe 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. Ali Dated:14,11Z By:c /7 Kevin Crawford, City Manager City of Carlsbad, California 4A0.41e4(‘14€1"iii@ Ey Mra Exhibit 2 C City of EMERGENCY COASTAL DEVELOPMENT PERMIT NOTICE OF DECISION Carlsbad December 27, 2016 John Maashoff Public Works Manager Department of Public Work 405 Oak Avenue City of Carlsbad Carlsbad, CA 92008 RE:CDP 2016-0009 —BATIQUITOS STORM DRAIN BASIN REPAIR —EMERGENCY PERMIT The City Planner has completed a review of the application for an Emergency Coastal Development Permit to remove and replace the concrete spillway of the failed basin; remove accumulated vegetation, sediment and debris from around the spillway to a depth of approximately four feet below existing grade;haul off and dispose of unsuitable excavated material;place and compact material to fill the eroded portions of the basin under and adjacent to the existing concrete spillway. The City Planner APPROVES this request for an Emergency Coastal Development Permit based upon the following: Findings: 1.An emergency exists that requires action more quickly than permitted by the procedures for minor coastal development permits or for regular permits and the work can and will be completed within thirty days unless otherwise specified by the terms of the permit; 2.Public comment on the proposed emergency action has not occurred because time did not allow; and 3.The work proposed will be consistent with the requirements of the certified land use plan. Conditions: 1.The Emergency Coastal Development Permit is granted subject to completion of the emergency repair work within 30 days. 2.Submit a formal application for a regular Coastal Development Permit to the City of Carlsbad within 30 days of this letter for the repair work completed on the concrete spillway and detention basin and for any follow up permanent repair work for the project. CITY OF CARLSBAD s7(7..cet. DON NEU, AICP City Planner DN:PD.fn Attachments c:Elaine lukey, Acting Public Works Director David de Cordova, Principal Planner Scott Donnell, Senior Planner File:Copy Opta Wu/Communitytconomic Development