HomeMy WebLinkAbout2024-04-09; City Council; Resolution 2024-070RESOLUTION NO. 2024-070
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, CONTINUING THE PROCLAMATION OF A STORM-RELATED
LOCAL EMERGENCY FOR REPAIR OF THE SLOPE BETWEEN EL CAMINO REAL
AND TRIESTE DRIVE
WHEREAS, on Feb. 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, 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 caused by an unexpected slope movement with
potential to affect nearby property, infrastructure and the environment; and
WHEREAS, on Feb. 14, 2024, the City Manager/Director of Emergency Services proclaimed a
storm-related local emergency for repair of the slope between El Camino Real and Trieste Drive,
generally behind the backyards of four residential properties that front onto Trieste Drive (4215 -4245
Trieste Drive); and
WHEREAS, Carlsbad Municipal Code, or CMC, Section 3.28.ll0(A) implements Public Contract
Code Section 22035 and provides an exemption from formal bidding procedures for emergency
construction procurements, and to use the emergency exemption, CMC Section 3.28.120 and Public
Contract Code Section 22050 require a proclamation of a local public emergency by a four-fifths vote
of the City Council, or by the City Manager subject to ratification by a four-fifths vote of the City Council
at the next City Council meeting; and
WHEREAS, on Feb. 15, 2024, the City Council ratified the proclamation of a local emergency as
the emergency proclamation and emergency exemption are appropriate in this instance because the
emergency work appears to be caused by unexpected slope movement, which could pose a threat to
the public, property, infrastructure and the environment; and
WHEREAS, on Feb. 27, 2024, the City Council continued the emergency proclamation; and
WHEREAS, on March 12, 2024, the City Council continued the emergency proclamation again,
approved the plans and authorized additional appropriations in the amount of $955,000; and
WHEREAS, on March 19, 2024, and March 26, 2024, the City Council continued the emergency
proclamation again; and
WHEREAS, on March 19, 2024, the City Engineer made the determination to exempt the work
from the requirements of a grading permit, consistent with CMC Section 15.16.060(B)(2); and
WHEREAS, a contractor commenced the emergency work on March 12, 2024, and is expected
to complete the work by June 2024; and
WHEREAS, staff request that the City Council continue the emergency proclamation again to
enable completion of the work; and
WHEREAS, Public Contract Code Section 22050(c)(l) requires the City Council to review the
emergency action at every subsequent City Council meeting to determine, by a four-fifths vote,
whether this is a need to continue the emergency action; and
WHEREAS, the project was determined to be exempt from the California Environmental Quality
Act, or CEQA, under Section 15301(d) and (f) of the CEQA Guidelines, which applies to projects for
restoration or rehabilitation of deteriorated or damaged structures, and the addition of safety or health
protection devices; and
WHEREAS, none of the exceptions to the CEQA exemption appfied to the project and a Notic_e
of Exemption was filed on Jan. 25, 2023.
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 Storm-related Local Emergency for repair of the slope near
El Camino Real and Trieste Drive is continued.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 9th day of April, 2024, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA.
NONE.
NONE.
NONE.
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)