HomeMy WebLinkAbout2024-02-27; City Council; Resolution 2024-038RESOLUTION NO. 2024-038
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, TERMINATING THE PROCLAMATION OF A STORM-RELATED
LOCAL EMERGENCY FOR REPAIR OF A STORM DRAIN PIPELINE ON CARLSBAD
VILLAGE DRIVE NEAR PONTIAC 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 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 absence of the City Manager, the Assistant City Manager, as Acting City Manager and Acting
Di rector 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 occurred within the City of Carlsbad because of a powerful, slow moving, atmospheric river
that caused debris flows and unusually large volumes of water to flow through the pipeline during
periods of intense rainfall, which, in part, separated a 24-inch reinforced concrete storm drain pipeline
on Carlsbad Village Drive near Pontiac Drive, which then caused flooding and erosion, potentially
threatening the integrity of the roadway above the pipeline; and
WHEREAS, on Feb. 8, 2024, the Acting City Manager/Acting Director of Emergency Services
proclaimed a local emergency for repair of the fa i led storm drain pipeline; and
WHEREAS, Carlsbad Municipal Code, or CMC, Section 3.28.110(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 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 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, on Feb. 13, 2024, the City Council ratified the proclamation of a local emergency as
the emergency proclamation and related emergency exemption are appropriate in this instance
because the Carlsbad Village Drive storm drain pipeline separation appeared to be caused by a failed
pipeline located in the city right-of-way, which threatened to undermine a critical roadway and
immediate repairs were needed to prevent roadway failure and additional slope erosion; and
WHEREAS, staff issued a notice to proceed to the contractor, Planes, Boats & Automobiles, Ltd.,
on Feb. 12, 2024; and
WHEREAS, the contractor commenced work on Feb. 12, 2024, and completed the work on
Feb. 14, 2024, in the amount of $20,000; and
WHEREAS, the Deputy City Manager for Public Works issued a minor public works contract on
Feb. 13, 2024, in the amount of $24,000, which included construction contingency and was within the
City Manager's authority per Carlsbad Municipal Code Section 3.28.080 -Construction Projects,
suhsections (B) and {H), which implement California Public Contract Code Section 22032; and
•· WHER�AS, under California Public Resources Code Section. 21080(b)(3) and Titfe 14, Section
15269 of the California Code of Regulations, the requirements of the California Environmenta_l Quality
Aet do not apply to projeds undertaken, carried out, or approved by a public agency to maintain, repair,
restore, demolish, or replace property or facilities damaged or destroyed as a resu!t of a disaster in a
disaster-stricken area in which the Governor has proclaimed a state of emergency; and
WHEREAS, under the Title 14, Section 15301(c) of the California Code of Regulations, the
requirements of the California Environmental Quality Aet do not apply to the operation, repair and/ar
maintenance of existing utilities involving negligible or no expansion of use.
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 Feb. 8, 2024, Proclamation of a Local Emergency for repair of a storm drain
pipeline on Carlsbad Village Drive near Pontiac Drive is terminated.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 27th day of February, 2024, by the following vote, to wit:
AYES:
NAVS:
ABSTAIN:
ABSENT:
BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA
NONE.
NONE.
NONE.
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)