HomeMy WebLinkAbout2024-02-13; City Council; Resolution 2024-028RESOLUTION NO. 2024-028
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA,
RATIFYING THE ACTING Dl RECTOR OF EMERGENCY SERVICES'S PROCLAMATION
OF A STORM-RELATED LOCAL EMERGENCY FOR REMOVAL OF SEDIMENT AND
VEGETATION ON THE BUENA VISTA CREEK CONCRETE CHANNEL NEAR EL
CAMINO REAL
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 availab le 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
ca lamity and the City Council is not in sess ion; 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 a powerful, slow moving, atmospheric river
that resulted in debris flows, or a "sediment-dominated slurry", which have 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, 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 Council meeting; and
WHEREAS, staff request the City Council ratify 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 sediment accumulation complicated by vegetation growth, and
emergency work is required to prevent flooding, which would pose a threat to the public, property,
infrastructure and the environment due to restricted conveyance of the Buena Vista Creek channel at this
location; 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 of the State of California has proclaimed a state of emergency, and
on February 4, 2024 the Governor found that conditions of extreme peril exist in San Diego County and
proclaimed a state of emergency.
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 removal of sediment and
vegetation in the Buena Vista Creek concrete channel near El Camino Real 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. t
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)