HomeMy WebLinkAbout2008-12-16; City Council; 19681; Declaration of Local EmergencyCITY OF CARLSBAD - AGENDA BILL 11
AB# 19,681
MTG. 12/16/08
DEPT. ENG
DECLARATION OF LOCAL EMERGENCY FOR REPAIR OF A
SINKHOLE AND STORM DRAIN FROM CARLSBAD
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DISTRICT RIGHT-OF-WAY, PROJECT NO. 3624
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CITYATTY. ' £^?'
CITY MGR. \JJ —• ^
RECOMMENDED ACTION:
Consideration of the Declaration of a Local Emergency for Repair of a Sinkhole and Storm Drain from
Carlsbad Boulevard to North County Transit District (NCTD) pursuant to Public Contract Code Section
22050 and Carlsbad Municipal Code Section 3.28.130 and Adopt Resolution No. 2008-342
ITEM EXPLANATION:
An 18-inch corrugated metal pipe carries storm water from the public right-of-way of Carlsbad
Boulevard and adjacent areas across property located at 2550 and 2560 Carlsbad Boulevard
(Scandia Motel) and outlets into a ditch in the North County Transit District (NCTD) right-of-way. In
2007 the City video inspected the storm drain pipe. The inspection showed a deteriorated pipe in
need of replacement. Staff began the process of preparing plans and specifications to replace the
storm drain with a new reinforced concrete pipe. The design was complicated by the lack of
documents showing that the City had a utility easement across these private properties and no
original design drawings were found.
Based on other available records, staff has determined that the existing storm drain pipe was
constructed before 1963 and the existing motel was constructed in 1963. One of the motel structures,
a storage shed, is located on top of the existing storm drain pipe. Staff commissioned title reports on
these private properties to verify lack of utility easements. Title reports had no indication of utility
easements across these private properties, but indicated that in 1933 and 1947 the County of San
Diego vacated an alley and a street (Santa Fe Place) across these two properties, but did not retain
easement rights for utilities. The project is also complicated by the presence of a 12-inch diameter
high-pressure gas line crossing the storm drain and the storm drain's outlet location in NCTD right-of-
way. In January 2008, staff retained a consultant to design the replacement of the storm drain pipe.
The consultant provided preliminary design plans in summer of 2008, and is currently finalizing the
design plans.
On December 3, 2008, the Engineering Department received a call from the property owner with a
request for a meeting to evaluate a potential issue at the storm drain location at the Scandia Motel.
On December 5, 2008, at 9 a.m., City's Engineering Department staff met with the property owners.
The property owners showed an area between a hotel room building and a storage shed that had a
sinkhole. Upon further investigation, it appeared that the sinkhole was also located under the storage
building and possibly originated there as the building was on top of the storm drain pipe. In later
conversations, the property owner indicated that they could not locate the ground 4 to 5 feet below the
storage building while probing with a rod through the floor boards. The existing storage building is
also leaning.
DEPARTMENT CONTACT: Eva Plajzer, 760-602-2787, eplai@ci.carlsbad.ca.us
FOR CITY CLERKS USE ONLY ^X
COUNCIL ACTION: APPROVED >*J
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City representatives assessed the site condition and determined that immediate action is necessary to
mitigate the sinkhole and potential additional damage from it. Staff determined that the repairs are
beyond the capacity of City forces and contacted a local general contractor. To protect the property
while the repairs are being performed, staff is in the process of installing a temporary storm water by-
pass pumping system. Staff is also working with the property owners to prepare an agreement for
utility easements that would allow for construction to occur on their property. Staff has also obtained
an emergency permit from NCTD to enable the construction work to occur within their right-of-way.
The City Manager declared a state of local emergency on December 5, 2008 to repair the sinkhole
and storm drain from Carlsbad Boulevard to NCTD right-of-way. A copy of that declaration is
attached to this Agenda Bill as Exhibit 2. Pursuant to California Public Contract Code Section 22050,
the City Council must ratify a declaration of local emergency declared by the City Manager by a four-
fifths vote.
Pursuant to Public Contract Code Section 22050(c), the City Council must also review ongoing
emergency procurement of goods and services every fourteen days or at the next meeting to
determine whether the remainder of the emergency action may be completed by giving the usual
notice for bids to let contracts.
ENVIRONMENTAL IMPACT:
The project involves the replacement of an existing storm drain pipe within the existing easement and,
therefore, is exempt from further environmental documentation pursuant to Section 15302 of CEQA -
Replacement or Reconstruction.
FISCAL IMPACT:
The repairs are estimated to cost $250,000 between contractor services and City force services.
Cost increases could occur due to unforeseen conditions. As shown in the table below, there is
approximately $171,000 left in the project budget for Project No. 3624 (Carlsbad Boulevard Storm
Drain Replacement).
CARLSBAD BOULEVARD STORM DRAIN REPLACEMENT - PROJECT NO. 3624
TASK DESCRIPTION
Design
Construction, Inspection, Materials Testing
Environmental Mitigation & Monitoring
Right-of-Way Acquisition
Studies and Reports
TOTAL
APPROPRIATED
TO DATE
$73,000
145,000
0
0
0
$218,000
EXPENDITURES/
ENCUMBRANCES
TO DATE
$46,955
0
0
0
0
$46,955
REMAINING
BALANCES
$26,045
145,000
0
0
0
$171,045
Based on the estimated cost to repair the sinkhole, Staff recommends appropriating an additional
$79,000 from the Infrastructure Replacement Fund to cover the costs of the emergency. There are
sufficient funds in the Infrastructure Replacement Fund to repair the sinkhole.
Page 3
EXHIBITS:
1. Location Map.
2. Declaration of Local Emergency.
3. Resolution No. 2008-342 proclaiming the existence of a local emergency for repair of
a sinkhole and storm drain from Carlsbad Boulevard to North County Transit District Right-of-
Way, Project No. 3624.
LOCATION MAP
S/7E
NOT JO SCALE
PROJECT NAME CARLSBAD BOULEVARD
STORM DRAIN REPLACEMENT
PROJECT
NUMBER
3624
EXHIBIT
1
UKAHN BY: SCUII tVANS, (MuSBM) ENGINEERING DEPT. 12/tO/OB K \CAPIIN.\nJ\JitK\JoZ4.DUG
DECLARATION OF LOCAL EMERGENCY
WHEREAS, the City Council of the City of Carlsbad empowers the City Manager
to proclaim the existence of a local emergency when said City is affected by a public
calamity and the City Council is not in session; and
WHEREAS, the City Manager of the City of Carlsbad, California does hereby
find:
That conditions of extreme peril to the safety of persons and property have arisen
within the City of Carlsbad caused by a sinkhole at 2550 Carlsbad Boulevard, in
Carlsbad, California; and
That these conditions are creating unexpected occurrences that pose a clear and
imminent danger and required immediate action to prevent or mitigate the loss or
impairment of life, health, property, or essential public services, and are or are likely to
be beyond the control of the services, personnel, equipment and facilities of the City of
Carlsbad; and
That these conditions do not permit a delay resulting from a competitive
solicitation for bids, and that the action is necessary to respond to the emergency; and
That the City Council of the City of Carlsbad was not in session and could not
immediately be called into session.
NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency
now exists throughout the City of Carlsbad, California; and
IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of
said local emergency, the powers, functions and duties of the emergency organization of
the City of Carlsbad are those prescribed by state law, by ordinances and resolutions of
the City of Carlsbad Emergency Plan.
Dated:
Jsa Hildabrand, City Manager
City of Carlsbad, California
1
RESOLUTION NO. 2008-342
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, PROCLAIMING THE EXISTENCE OF A
LOCAL EMERGENCY FOR REPAIR OF A SINKHOLE AND
4 STORM DRAIN FROM CARLSBAD BOULEVARD TO NORTH
COUNTY TRANSIT DISTRICT RIGHT-OF-WAY, PROJECT NO.
5 3624.
6 WHEREAS, on December 5, 2008, a sinkhole was discovered in a at 2550 Carlsbad
7 Boulevard; and
8 WHEREAS, the sinkhole is creating a nuisance in the rear yard at 2550 Carlsbad
Boulevards; and
WHEREAS, the sinkhole and damaged storm drain pipe have the potential to cause
erosion and damage of real property at 2550 Carlsbad Boulevard and North County Transit District
right-of-way; and
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WHEREAS, emergency repairs are needed to mitigate further damage to real property;
13 and
14 WHEREAS, Public Contract Code Section 1102 defines an emergency as "a sudden,
unexpected occurrence that poses a clear and imminent danger, requiring immediate action to
prevent or mitigate the loss or impairment of life, health, property, or essential public services"; and
17 WHEREAS, staff has determined that the threat to real property damage meets the
18 criteria for an emergency as defined in Public Contract Code Section 1102; and
WHEREAS, in the event of an emergency, Section 3.28.130 of the Carlsbad Municipal
20 Code gives the City Manager authority to declare a public emergency subject to confirmation by
the City Council, by four-fifths vote at its next regularly scheduled meeting following the declaration
of the emergency; and
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WHEREAS, said local emergency continues until the sinkhole and all associated
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components and conditions have been restored and declared abated by order of the City Manager
24 and City Council; and
2*5 WHEREAS, it is the intent of the City Council to do all things necessary to effectuate this
26 intent.
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1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
2 California, as follows:
3 1. That the above recitations are true and correct.
4 2. That the foregoing constituted an emergency situation requiring immediate action
which could not reasonably wait for the next regularly scheduled meeting of the City Council of the
City of Carlsbad and required that the City dispense with the formal bidding process.
7 3. That the City Manager or her designee is authorized and directed to complete
8 and file all appropriate forms and documents necessary to abate emergency and to obtain the
maximum cooperation and assistance both financial and otherwise in responding to this
emergency.
11 4. That every fourteen days or at the next scheduled meeting the City Manager
shall review with City Council the emergency actions taken and determine the need to continue the
-i-a emergency.
5. That the Finance Director is authorized to appropriate an additional $79,000 from
15 the Infrastructure Replacement Fund to Project No. 3624.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 16th day of December, 2008, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
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s^lvSBAp^, MftRRAINB'M. WOODr&ty Clerk
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