HomeMy WebLinkAbout2025-06-17; City Council; Resolution 2025-135Exhibit 1 RESOLUTION NO. 2025-135
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
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. 20, 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
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, 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, May 20, 2025, and June 10, 2025, the City Council adopted
Resolution Nos. 2025-106, 2025-113, and 2025-125, respectively, continuing the declaration of the
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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, 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 received contractor proposals and determined LC Paving & Sealing, Inc. was a
responsible bidder with a responsive bid of $356,660; and
WHEREAS, on May 22, 2025, staff notified LC Paving & Sealing, Inc. to perform the emergency
repair work, which is expected to be completed by the end of August; and
WHEREAS, the expanded emergency repair is estimated to cost $532,660, 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 Project No. 6606; and
WHEREAS, on June 10, 2025, the City Manager terminated the initial contract with N.M.N.
Construction, Inc.; 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; 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.
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 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 17th day of June, 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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