HomeMy WebLinkAbout2023-04-04; City Council; Resolution 2023-101RESOLUTION NO. 2023-101
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, CONFIRMING THE CITY MANAGER'S DECLARATION OF A LOCAL
EMERGENCY FOR REPAIR OF A SINKHOLE IN THE AREA OF HAYMAR DRIVE
WHEREAS, the City Council empowers the City Manager 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, on March 24, 2023, the City Manager declared a local emergency for repair of a
sinkhole located in the area of Haymar Drive west of El Saito Falls Street; 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 Sections 22035 and 22050, requires a declaration of a local public emergency by
a four-fifths vote of the City Council, or by the City Manager subject to confirmation by a four-fifths
vote of the City Council at the next regular City Council meeting; and
WHEREAS, staff request that the City Council confirm the declaration for a local emergency for
repair of a sinkhole located in the area of Haymar Drive 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 threatens to undermine a critical sewer pipeline, and (3) immediate
repairs are necessary to stabilize the sinkhole site and repair the failed storm drain line and to prevent
the potential spillage of almost five million gallons per day of untreated wastewater into the Buena
Vista Creek and Buena Vista Lagoon.
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 Declaration for a Local Emergency for repair of a sinkhole located in the area
of Haymar Drive is confirmed.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 4th day of April, 2023, 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)