RESOLUTION NO. 2023-121
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, CONTINUING THE DECLARATION OF A STORM-RELATED LOCAL
EMERGENCY FOR REPAIR OF A SINKHOLE IN THE AREA OF HAYMAR DRIVE WHEREAS, California Public Contract Code Section 22050 and Carlsbad Municipal Code Sections
3.28.110(A) and 3.28.120 exempt emergency procurements for construction, goods, and services from formal competitive bidding requirements; and
WHEREAS, on March 24, 2023, the City Manager declared a storm-related local emergency for repair of a sinkhole located in the area of Haymar Drive west of El Saito Falls Street; and WHEREAS, on April 4, 2023, the City Council confirmed the declaration of a local emergency with Resolution No. 2023-101; and
WHEREAS, on April 11, 2023, and on April 18, 2023, the City Council continued the declaration of a local emergency with Reso lution Nos. 2023-107 and 2023-116, respectively; 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 there is a need to continue the emergency action; and WHEREAS, the continuation of a public emergency and the need for an emergency exemption from formal competitive bidding requirements are appropriate 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 threatened to undermine a critical sewer pipeline, and (3) immediate repairs were needed to stabilize the sinkhole site and repair the failed storm drain line to prevent the potential spillage of almost five million gallons per day of untreated wastewater into the Buena Vista Creek and Buena Vista Lagoon; and
WHEREAS, the contractor working on the emergency repair anticipates completion of the repair by the end of May or early June; and
WHEREAS, staff will return to the City Council on May 16, 2023, to review the emergency action and ask the City Council to determine by a four-fifths vote whether there is a further need to continue it; and
WHEREAS, the project has been determined to be exempt from the California Environmental Quality Act under CEQA Guidelines Section 15269, which applies to actions necessary to mitigate an
emergency and to repair public service facilities necessary to maintain services essential to public health and welfare; and
WHEREAS, the project is also exempt under CEQA Guidelines Section 15301(c), which applies to the operation, repair and/or 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 storm-related Declaration for a Local Emergency for repair of a sinkhole located in the area of Haymar Drive is continued.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 9th day of May, 2023, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.
None.
None.
None.
KEITH BLACKBURN, Mayor
~ l SHERRY FREISINGER, City Clerk
~u,__ (SEAL)