HomeMy WebLinkAbout2024-02-13; City Council; Resolution 2024-029RESOLUTION NO. 2024-029
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA,
RATIFYING THE ACTING DIRECTOR OF EMERGENCY SERVICES'$ PROCLAMATION
OF A LOCAL EMERGENCY FOR REPAIR OF A STORM DRAIN PIPELINE ON
CARLSBAD VILLAGE DRIVE NEAR PONTIAC DRIVE
WHEREAS, On February 4, 2024, the Governor of the State of California found that conditions of
extreme peril exist in San Diego County and other counties due to the early February 2024 storms caused
by the atmospheric river and proclaimed a state of emergency to make additional resources available to
local governments, formalize emergency actions, and help the state prepare for the impact of the storms;
and
WHEREAS, the City Council empowers the City Manager, as Director of Emergency Services, or in
the absence of the City Manager, the Assistant City Manager, as Acting City Manager and Acting Di rector
of Emergency Services, to proclaim the existence of a local emergency when the city is affected by a public
calamity and the City Council is not in session; and
WHEREAS, conditions or threatened conditions of extreme peril to the safety of persons and
property have arisen within the City of Carlsbad because of a powerful, slow moving, atmospheric river
that has caused debris flows and unusually large volumes of water to flow through the pipeline during
periods of intense rainfall, which, in part, separated an 24" reinforced concrete storm drain pipeline on
Carlsbad Village Drive near Pontiac Drive, which then caused flooding and erosion, potentially threatening
the integrity of the roadway above the pipeline; and
WHEREAS, on Feb. 8, 2024, the Acting City Manager/Acting Director of Emergency Services
proclaimed a local emergency for repair of the failed storm drain pipeline; and
WHEREAS, Carlsbad Municipal Code, or CMC, Section 3.28.llO{A) implements Public Contract
Code Section 22035 and provides for an exemption from formal bidding procedures for emergency
construction procurements, and to use the emergency exemption, CMC Section 3.28.120, as well as Public
Contract Code Section 22050, requires a proclamation of a local public emergency by a four-fifths vote of
the City Council, or by the City Manager or Acting City Manager, subject to ratification by a four-fifths vote
of the City Council at the next regular City Counci l meeting; and
WHEREAS, staff request the City Council ratify the proclamation of a local emergency as the
emergency proclamation and related emergency exemption are appropriate in this instance because the
Carlsbad Village Drive storm drain pipeline separation appears to be caused by a failed pipeline located in
the city right-of-way, which threatens to undermine a critical roadway and immediate repairs are needed
to prevent roadway failure and additional slope erosion; and
WHEREAS, under California Public Resources Code Section 21080{b)(3) and Title 14, Section 15269
of the California Code of Regulations, the requirements of the California Environmental Quality Aet do not
apply to projects undertaken, carried out, or approved by a public agency to maintain, repair, restore,
demolish, or replace property or facilities damaged or destroyed as a result of a disaster in a disaster
stricken area in which the Governor has proclaimed a state of emergency; and
WHEREAS, under the Title 14, Section 15301(c) of the California Code of Regulations, the
requirements of the California Environmental Quality Aet do not apply 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 Proclamation of a Local Emergency for repair of a storm drain pipeline on Carlsbad
Village Drive near Pontiac Drive is ratified.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 13th day of February, 2024, by the following vote, to wit:
AYES:
NAVS:
ABSTAIN:
ABSENT:
BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA.
NONE.
NONE.
NONE.
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)