HomeMy WebLinkAbout2021-01-26; City Council; Resolution 2021-034RESOLUTION NO. 2021-034
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, RATIFYING THE CITY MANAGER'S DECLARATION OF LOCAL
EMERGENCY FOR REMEDIATION OF A HILLSIDE SCARRED BY THE JAN. 20,
2021 BRUSHFIRE INCIDENT THAT OCCURRED ON THE NORTHEAST SIDE OF
THE 4600 BLOCK OF PARK DRIVE
WHEREAS, the City Council empowers the City Manager to proclaim the existence of a local
emergency when conditions of extreme peril to the safety of persons and property have arisen within
the City of Carlsbad; and
WHEREAS, on Jan. 20, 2021, a brush fire occurred on a hillside adjacent to the 4600 block of
Park Drive resulting in approximately two acres of hillside in need of immediate erosion mitigation; and
WHEREAS, the necessary construction and erosion mitigation measures were beyond the control of
services, personnel, equipment, and facilities of the city and therefore required enlisting the
services of a contractor previously used by the city for similar erosion mitigation measures; and
WHEREAS, the City Manager declared a local emergency on Jan. 21, 2021; and
WHEREAS, Carlsbad Municipal Code (CMC) Section 3.28.120 authorizes the city to secure
necessary equipment, services and supplies without giving public notice to bidders; and
WHEREAS, 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 City Manager using
informal bidding procedures; and
WHEREAS, CMC Section 3.28.110(A) implements Public Contract Code Section 22035 and
exempts the city from following these informal bidding procedures for emergency construction
procurements; and
WHEREAS, the construction of erosion mitigation measures and other improvements to public
storm drain structures and private property near public storm drain structures within the burned area
will help reduce the threat of further damage to the storm drain system and soil erosion throughout
the area damaged by the fire which, in turn, will provide protection against a change in the quality of
the runoff water and help preserve the integrity of the burned area as it relates to the regrowth of the
native habitat in the burn area; and
WHEREAS, the city planner has determined that the Project is exempt from the California
Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15304 — Minor Alteration to Land;
and
Jan. 26, 2021 Item #3 Page 4 of 7
WHEREAS, staff requests that the City Council ratify the City Manager's Declaration of Local
Emergency dated Jan. 21, 2021, for remediation of a hillside scarred by the Jan. 20, 2021 brushfire
incident that occurred on the northeast side of the 4600 block of Park Drive.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Carlsbad, California, as follows:
1.That the above recitations are true and correct.
2.That the City Manager's Declaration of a Local Emergency dated Jan. 21, 2021 for hillside
mitigation is ratified.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 26th day of January 2021, by the following vote, to wit:
AYES: Hall, Blackburn, Acosta, Bhat-Patel, Schumacher.
NAYS: None.
ABSENT: None.
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MATT HALL, MAYOR
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're BARBARA ENGLESON, SECRETARY Dewy* ci
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