HomeMy WebLinkAbout2023-06-13; City Council; Resolution 2023-160RESOLUTION NO. 2023-160
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, CONTINUING THE DECLARATION OF A STORM-RELATED LOCAL
EMERGENCY FOR REPAIR OF A SINKHOLE IN THE AREA OF HAYMAR DRIVE
WHEREAS, California Public Contract Code Section 22050 and Carlsbad Municipal Code Sections
3.28.ll0(A) and 3.28.120 exempt emergency procurements for construction, goods and services from
formal competitive bidding requirements; and
WHEREAS, on March 24, 2023, the City Manager declared a storm-related local emergency for
repair of a sinkhole located in the area of Haymar Drive west of El Saito Falls Street; and
WHEREAS, on April 4, 2023, the City Council confirmed the declaration of a local emergency
with Resolution No. 2023-101; and
WHEREAS, on April 11, 2023, April 18, 2023, May 9, 2023, May 16, 2023, May 23, 2023, and
June 6, 2023, the City Council continued the declaration of a local emergency with Resolution Nos.
2023-107, 2023-116, 2023-121, 2023-129, 2023-136 and 2023-144, respectively; and
WHEREAS, California Public Contract Code Section 22050(c)(1) requires the City Council to
review the emergency action at every subsequent City Council meeting to determine, by a four-fifths
vote, whether there is a need to continue the emergency action; and
WHEREAS, the continuation of a public emergency and the need for an emergency exemption
from formal competitive bidding requirements are appropriate because (1) Caltrans relinquished the
right-of-way at the sinkhole site to the city in 1967 and has no plans to repair the culvert segment
located outside of the Caltrans right-of-way, (2) the sinkhole appears to be caused by a failed culvert
located in the city right-of-way which threatened to undermine a critical sewer pipeline, and (3)
immediate repairs were needed to stabilize the sinkhole site and repair the failed storm drain line to
prevent the potential spillage of almost five million gallons per day of untreated wastewater into the
Buena Vista Creek and Buena Vista Lagoon; and
WHEREAS, the contractor working on the emergency repair anticipates completion of the repair
by mid-June; and
WHEREAS, staff will return to the City Council on June 20, 2023, to review the emergency action
and ask the City Council to determine whether to terminate the emergency declaration and to ratify
the emergency contract ; and
WHEREAS, the project has been determined to be exempt from the California Environmental
Quality Act under CEQA Guidelines Section 15269, which applies to actions necessary to mitigate an
emergency and to repair public service facilities necessary to maintain services essential to public
health and welfare; and
WHEREAS, the project is also exempt under CEQA Guidelines Section 15301(c), which applies
to the operation, repair and/or maintenance of existing utilities involving negligible or no expansion of
use.
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 storm-related Declaration for a Local Emergency for repair of a sinkhole located
in the area of Haymar Drive is continued.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 13th day of June, 2023, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.
None.
None.
None.
KEITH B· :t\CKBURN, Mayor
L ,SHERRY FREISINGER, City Clerk r ""(SEAL}