HomeMy WebLinkAbout2024-05-07; City Council; Resolution 2024-091RESOLUTION NO. 2024-091
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, TERMINATING THE PROCLAMATION OF A STORM-RELATED
LOCAL EMERGENCY FOR REMOVAL OF SEDIMENT AND VEGETATION IN THE
BUENA VISTA CREEK CONCRETE CHANNEL NEAR EL CAM INO REAL
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 an 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 City Manager's absence, the Assistant City Manager, as Acting City Manager and Acting 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 arose within the City of Carlsbad caused by a powerful, slow moving, atmospheric river in
early February that resulted in debris flows, or a "sediment-dominated slurry", which inundated the
Buena Vista Creek and significantly diminished capacity in the Buena Vista Creek concrete channel
(begins approximately 600 feet west/downstream of the El Camino Real bridge and extends upstream
of the bridge approximately 230 feet); and
WHEREAS, on Feb. 8, 2024, the Acting City Manager/Acting Director of Emergency Services
proclaimed a storm-related local emergency for removal of sediment and vegetation on the Buena
Vista Creek concrete channel near El Camino Real; and
WHEREAS, on Feb. 13, 2024, the City Council ratified the proclamation of a storm-related local
emergency for removal of sediment and vegetation on the Buena Vista Creek concrete channel near El
Camino Real; and
WHEREAS, on Feb. 27, 2024, the City Council continued the proclamation of a storm-related
local emergency for removal of sediment and vegetation on the Buena Vista Creek concrete channel
near El Camino Real; and
WHEREAS, on March 12, 2024, the City Council continued the proclamation of a storm-related
local emergency for removal of sediment and vegetation on the Buena Vista Creek concrete channel
near El Camino Real again and authorized additional appropriations in the amount of $474,000; and
WHEREAS, on March 19, 2024, March 26, 2024, April 9, 2024, and April 16, 2024, the City
Council continued the emergency proclamation again; and
WHEREAS, on April 23, 2024, the City Council continued the emergency proclamation again and
authorized a transfer of funds in the amount of $1,427,000 from the Buena Vista Creek Concrete
Channel Maintenance at El Camino Real, Capital Improvement Program, or CIP, Project No. 6619, to
the Storm Drain System Rehabilitation and Repair Program, CIP Project No. 6607, which includes
sufficient funding for habitat mitigation costs; and
WHEREAS, Carlsbad Municipal Code, or CMC, Section 3.28.ll0(A) implements Public Contract
Code Section 22035 and provides for an exemption from formal bidding procedures for emergency
construction procurements; and
WHEREAS, on Feb. 27, 2024, the U.S. Army Corps of Engineers issued a Regional General Permit
(RGP) 63 -Repair and Protection Activities in Emergency Situations; and
WHEREAS, on Feb. 28, 2024, the San Diego Regional Water Quality Control Board informed staff
that in accordance with Water Quality Order No. 2023-0095-DWQ, or Order, Clean Water Act Section
401 Water Quality Certification for U.S. Army Corps of Engineers Reauthorization of Regional General
Permit 63 (RGP 63) for Emergency Repair and Protection Activities Project, the Notice of Intent is
complete, and the Project is enrolled under the Order; and
WHEREAS, on March 5, 2024, the U.S. Army Corps of Engineers sent a verification letter on the
permit which superseded its Feb. 27, 2024, letter, which stated that work authorized by the permit
must be underway no later than 14 calendar days from date of issuance of the letter of verification, or
by March 19, 2024, and that all work must be completed no later than April 22, 2024, and if it is not
then the city must request, in writing, an extension from the Corps' Regulatory Division prior to the
deadline; and
WHEREAS, the contractor started emergency work on March 8, 2024, and completed the
emergency work In the concrete section of the channel by the authorized date of April 22, 2024; and
WHEREAS, on April 17, 2024, the regulatory agencies indicated a habitat mitigation ratio of 1:1
would be acceptable for the emergency work that has already been completed in the concrete section
of the channel; and