HomeMy WebLinkAbout2024-04-23; City Council; Resolution 2024-082RESOLUTION NO. 2024-082
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, CONTINUING 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 AND
AUTHORIZING A TRANSFER OF BUDGET IN THE AMOUNT OF $1,427,000
FROM THE BUENA VISTA CREEK CONCRETE CHANNEL MAINTENANCE AT EL
CAMINO REAL, CAPITAL IMPROVEMENT PROGRAM PROJECT NO. 6619, TO
THE STORM DRAIN SYSTEM REHABILITATION AND REPAIR PROGRAM,
CAPITAL IMPROVEMENT PROGRAM PROJECT NO. 6607
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 sessio n; 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, 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
WHEREAS, Public Contract Code Section 22050(c)(l) requires the City Council to review the
emergency action at every subsequent City Council meeting to determine, by a four-fifths vote,
whether this is a need to continue the emergency action; 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
I 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 initial
emergency work on the concrete channel by the authorized date of April 22, 2024; and
WHEREAS, on March 28, 2024, staff submitted another RGP-63 permit application to the U.S.
Army Corps of Engineers for additional sediment, debris and vegetation clearing work in the earthen
channel east of the concrete channel for over 1,500 feet to the Haymar Drive bridge, and notified the
San Diego Regional Water Quality Control Board the same day; and
WHEREAS, on April 10, 2024, staff received updated habitat mitigation estimates from the
consultant Environmental Science Associates, including a cost estimate of $1,825,191 for a 1.5:1
mitigation ratio; and
WHEREAS, on April 11, 2024, staff proposed an alternative of a 30-ft wide pilot channel in the
earthen section of the channel east of the concrete channel to the Haymar Drive bridge, instead of the
originally proposed 100-ft wide clearing, to minimize the impacts to the habitat and wetlands in
response to the U.S. Army Corps of Engineers questions; and
WHEREAS, staff request a transfer of $1,427,000 of appropriations from the Buena Vista Creek
Concrete Channel Maintenance at El Camino Real, Capital Improvement Program, or CIP, Project No.
6619, to the Storm Drain Rehabilitation and Repair Program, CIP Project No. 6607, to fund the initial
emergency work including estimated habitat mitigation costs; and
WHEREAS, staff request that the City Council continue the proclamation of a local emergency
to determine whether to seek approval for the additional proposed emergency work in the earthen
section of the channel; 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
Act 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 Feb . 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 City Manager or designee is authorized to transfer $1,427,000 of appropriations
from the Buena Vista Creek Concrete Channel Maintenance at El Camino Real, CIP
Project No. 6619, to the Storm Drain Rehabilitation and Repair Program, CIP Project No.
6607, to fund the initial emergency work; and
3. That the storm-related Proclamation for a Local Emergency for removal of sediment and
vegetation in the Buena Vista Creek concrete channel near El Camino Real is continued.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 23rd day of April, 2024, by the following vote, to wit:
AYES :
NAYS:
ABSTAIN:
ABSENT:
BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA.
NONE.
NONE.
NONE.
KEITH BLACKBURN, Mayor
SHERR(!ISl!R, City Clerk
(SEAL)