HomeMy WebLinkAbout2024-02-15; City Council; Resolution 2024-032RESOLUTION NO. 2024-032
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA,
RATIFYING THE DIRECTOR OF EMERGENCY SERVICES'$ 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 ether 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.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 subject to ratification by a four-fifths vote of the City Council at
the next 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 unexpected slope movement, which could pose a threat to the
public, property, infrastructure and the environment; and
WHEREAS, the project was determined to be exempt from the California Environmental Quality
Aet, 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 CEOA exemption applied to the project and a Notice of
Exemption was filed on January 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 ratified.
PASSED, APPROVED AND ADOPTED at a Special Meeting of the City Council of the City of
Carlsbad on the 15th day of February, 2024, by the following vote, to wit:
AYES:
NAVS:
ABSTAIN:
ABSENT:
BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER.
NONE.
NONE.
LUNA.
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)