HomeMy WebLinkAbout2025-05-20; City Council; Resolution 2025-113RESOLUTION NO. 2025-113
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA,
CONTINUING THE DECLARATION OF THE EXISTENCE OF AN EMERGENCY
CONDITION IN THE KELLY DRIVE CHANNEL AND CONTINUING TO AUTHORIZE
THE CITY MANAGER TO HAVE THE REPAIR WORK PERFORMED WITHOUT
FORMAL BIDDING
WHEREAS, on April 29, 2025, the City Council adopted Resolution No. 2025-094, declaring the
existence of an emergency condition in the Kelly Drive Channel and authorizing the City Manager to have
the repair work performed without formal bidding; and
WHEREAS, on May 13, 2025, the City Council adopted Resolution No. 2025-106, continuing the
declaration of the existence of an emergency condition in the Kelly Drive Channel and continuing to
authorize the City Manager to have the repair work performed without formal bidding; and
WHEREAS, the Kelly Drive Channel has required multiple localized emergency repairs since 2010;
and
WHEREAS, in September 2024, another failure occurred in a different segment of the channel
where a portion of the concrete sidewall had slipped into the channel, which exposed the underlying
material and increased the risk of erosion and undermining; and
WHEREAS, staff inspected the site and subsequently initiated an emergency repair contract to
restore the failed portion of the channel embankment through an emergency permit issued by the U.S.
Army Corps of Engineers and in consultation with other regulatory agencies; and
WHEREAS, on Feb. 24, 2025, the City Manager approved a contract to perform the emergency
repair with N.M.N. Construction, Inc. in an amount not to exceed $97,000, which is below the threshold
for formal bidding; and
WHEREAS, on March 25, 2025, the contractor initiated the repair work with dewatering activities,
exposing further unseen and unexpected failures within the channel bed, including a 13-foot deep void at
the base of the earthen bottom of the failed concrete side section; and
WHEREAS, these unseen and unexpected failures pose a clear and imminent danger, requiring
additional, immediate repair work, including void backfill, channel stabilization and structural
remediation, to ensure long-term structural stability and prevent further failures; and
WHEREAS, the estimated cost of the expanded repair work exceeds the formal bidding threshold
and the formal bidding process could take up to six months; and
Exhibit 1
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WHEREAS, the expanded repair work requires prompter action than formal bidding permits to
prevent or mitigate the loss or impairment of life, health, property or essential public services; and
WHEREAS, in the case of an emergency, the Carlsbad Municipal Code, or CMC, Sections 3.28.110(A)
and 3.28.120 and Public Contract Code Sections 22035 and 22050 allow the City Council by a four-fifths
vote to authorize repair or replacement of a public facility, take any directly related and immediate action
required by the emergency, and procure the necessary equipment, services and supplies for these
purposes without following formal bidding procedures; and
WHEREAS, staff request that the City Council review the emergency action and continue to declare
the existence of an emergency condition in the Kelly Creek Channel and continue to authorize the City
Manager to have the needed repair work performed using emergency procurement procedures; and
WHEREAS, the expanded emergency repair is estimated to cost approximately $350,000, not
including contingency and other construction support costs; and
WHEREAS, sufficient funding is available in the account for the Kelly Drive Channel Repair Project,
Capital Improvement Program, or CIP, Project No. 6606; and
WHEREAS, CMC Sections 3.28.040(C)(5) and 3.28.090(B) authorize the City Manager or designee
to approve change orders in an amount equal to the contingency set at the time of project award, which
for this project is estimated to be $88,000; and
WHEREAS, following the declaration of an emergency condition, staff received proposals from
contractors and are evaluating them; and
WHEREAS, staff anticipate selection of a contractor in the next week or two; and
WHEREAS, staff also engaged with the appropriate environmental permitting agencies, including
the U.S. Army Corps of Engineers and the San Diego Regional Water Quality Control Board, to coordinate
review and compliance with the revised project scope.
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 proposed action is statutorily exempt from environmental review under California
Environmental Quality Act, or CEQA, Section 21080(b)(2) and (4) and CEQA Guidelines
Section 15269(b)-(c), which apply to emergency repairs to publicly owned service facilities
necessary to maintain service essential to the public health, safety or welfare and other
specific actions necessary to prevent or mitigate an emergency.
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3.That the City Council continues to declare the existence of an emergency condition in the
Kelly Drive Channel.
4.That the City Manager is authorized to have the required emergency repairs performed,
take any directly related and immediate action required by the emergency condition, and
procure the necessary equipment, services, and supplies for these purposes, without
following formal bidding procedures.
5.That the City Manager or designee is authorized to approve construction change orders for
up to $88,000 for the project.
6.That the City Manager or designee is authorized to sign all other documents necessary for
regulatory compliance, to extend funding opportunities, or to otherwise implement and
finalize the emergency repair work, all of which are subject to review and approval as to
form by the City Attorney’s Office.
7.That the City Manager is directed to return to the City Council at the next regularly
scheduled City Council meeting for a determination by a four-fifths vote whether the
emergency condition continues to exist.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad
on the 20th day of May, 2025, by the following vote, to wit:
AYES: Blackburn, Bhat-Patel, Acosta, Burkholder, Shin.
NAYS: None.
ABSTAIN: None.
ABSENT: None.
______________________________________
KEITH BLACKBURN, Mayor
______________________________________
SHERRY FREISINGER, City Clerk
(SEAL)
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