HomeMy WebLinkAbout2017-02-28; 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 LaneCA Review /745
01"CANs CITY COUNCIL
'1.*:Staff Report
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Meeting Date:Feb. 28, 2017
To:Mayor and City Council ‘a/From:Kevin Crawford, City Manager
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. On Feb. 14, 2017, City
Council continued the Declaration of Local Emergency by adopting Resolution No. 2017-023. 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 Steps
Staff is working to complete applications with regulatory agencies necessary to document the
emergency work completed.Completion of the construction stabilization work is estimated for
the first week in March subject to weather delays,at which time staff will file a Notice of
Completion.
Environmental Evaluation (CEQAI
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. 2017-034
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, on Feb. 14, 2017, City Council adopted Resolution No. 2017-023 by a 4-0 vote, with
Councilmember Michael Schumacher absent, to continue the state of local emergency; and
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 28th day of February 2017, by the following vote, to wit:
AYES:M. Hall,K.Blackburn, M. Schumacher,C.Schumacher, M. Packard.
NOES:None.
ABSENT:None.
MATT HALL, MAYOR
11
BA •BARA ENGLESON, CITY Clip0.1 iir.,\‘‘BAO•........
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DECLARATION OF LOCAL EMERGENCY
WHEREAS, the City Council ofthe 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 ofthe 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 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 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 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.
I zDated:;7 OZ...By:
Kevin Crawford, City Manager
City ofCarlsbad, California
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Exhibit 2FL--I wi 6
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(City of
EMERGENCY COASTAL DEVELOPMENT PERMIT
NOTICE OF DECISION CariSbad
December 27, 2016
John Maashoff
Public Works Manager
Department of Public Work
405 Oak Avenue
City of darlsbad
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
22-hi SY.
DON NEU, AICP
City Planner •
DN:PD:fn
Attachments
c:Elaine tukey, Acting Public Works Director
David de Cordova, Principal Planner
Scott Donnell, Senior Planner
File Copy
Data EntryCommunity & Economic Development
Plaftrecis Fliyision 11635 Faraday Avenue Carlsbad CA 92008-73141 760-602-4600 I 760Mcpen qdiv.26crisbadPited 6 of 6