HomeMy WebLinkAbout2009-12-08; City Council; 20069; Declaration Local Emergency for Repair of Storm Drain from 2950 La Costa Avenue to 7546 Gibraltar Street Project No 6607CITY OF CARLSBAD - AGENDA BILL
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AB# 20,069
MTG. 12/08/09
DEPT. ENG
DECLARATION OF LOCAL EMERGENCY FOR REPAIR
OF A STORM DRAIN FROM 2950 LA COSTA AVENUE
TO 7546 GIBRALTAR STREET, PROJECT NO. 6607
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DEPT. HEAD l^f^
CITY ATTY. \H
CITY MGR. (A,^
RECOMMENDED ACTION:
Consideration of the Declaration of a Local Emergency for Repair of a Storm Drain from 2950 La
Costa Avenue to 7546 Gibraltar Street pursuant to Public Contract Code Section 22050 and Carlsbad
Municipal Code Section 3.28.120 and Adopt Resolution No. 2009-312
ITEM EXPLANATION:
As part of the Corrugated Metal Pipe Replacement Program, City staff performed an inspection of a
storm drain that runs from 2950 La Costa Avenue to 7546 Gibraltar Street on November 18, 2009.
Visual evidence confirmed that the storm drain has experienced rapid deterioration since the previous
video inspection in 2003. Representatives from the Engineering Department and the Maintenance and
Operations Department reviewed the video, of the subject storm drain, and scheduled a second video
of the location. Although access to the storm drain was limited due to dense vegetation and buried
manholes, City crews were able to establish access to the manholes. Staff returned to the location on
November 30, 2009 to obtain detailed information on the condition of the pipeline.
City staff assessed the condition of the pipeline and determined the pipeline to be deteriorated to the
extent that it requires complete replacement. Complete replacement may be performed through
traditional open trench construction technique or by lining the existing pipeline. The storm drain
pipeline is located on a steep slope adjacent to existing buildings and staff is investigating trenchless
techniques to avoid trenching into the steep slope. In addition to replacing the pipeline, large voids
were visible and had to be filled to maintain the integrity of the storm drain system. Staff completed
the grouting of the voids on December 2, 2009. The critical nature of the pipeline requires that it be
lined or replaced.
The pipeline has degraded and deteriorated to a state where it cannot properly carry storm flows. The
effort to repair the storm drain is extensive. It is recommended that an emergency be declared to
prevent or mitigate the loss or impairment of life, health and property, or essential public services. The
conditions do not permit a delay resulting from a competitive solicitation for bids.
The City Manager declared a state of local emergency on December 2, 2009 to repair the storm drain
from 2950 La Costa Avenue to 7546 Gibraltar Street in Carlsbad and a copy is attached to this
Agenda Bill as Exhibit "1". 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 at its next regularly scheduled meeting.
DEPARTMENT CONTACT: Sherri Howard, 760-602-2756, sherri.howard@carlsbadca.gov
FOR CITY CLERKS USE ONLY
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
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CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER -SEE MINUTES
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Pursuant to Public Contract Code Section 22050(c), the City Council must also review ongoing
emergency procurement of goods and services every fourteen days to determine whether the
remainder of the emergency action may be completed by giving the usual notice for bids to let
contracts.
ENVIRONMENTAL IMPACT:
Emergency projects are statutorily exempt from CEQA pursuant to CEQA Guidelines Section 15269.
FISCAL IMPACT:
The estimate for the repairs is $150,000 and includes contractor services and City force services.
Cost increases could occur due to unforeseen conditions. As shown in the table below, there are
currently sufficient funds available in the CMP Replacement Program, Project No. 6607.
CMP REPLACEMENT PROGRAM - PROJECT NO. 6607
TASK DESCRIPTION
Design
Construction, Inspection, Materials Testing
Environmental Mitigation & Monitoring
Real Property Acquisition
TOTAL
APPROPRIATED
TO DATE
$501,000
$1,247,700
$31,000
$29,300
$1,809,000
EXPENDITURES/
ENCUMBRANCES
/OBLIGATIONS
TO DATE
$319,071
$145,467
$50
$24,300
$488,888
REMAINING
BALANCES
$181,929
$1,102,233
$30,950
$5,000
$1,320,112
EXHIBITS:
1. Declaration of Local Emergency.
2. Location Map.
3. Resolution No. 2009-312 proclaiming the existence of a local emergency for repair of
a storm drain from 2950 La Costa Avenue to 7546 Gibraltar Street, Project No. 6607.
LOCATION MAP
NOT JO SCALE
PROJECT NAME
STORM DRAIN FROM 2950 LA COSTA AVENUE
TO 7546 GIBRALTAR STREET
EXHIBIT
DRAWN BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPT. 12/2/09 C: \CAPITAL\HOWARD\2950 LA COSTA-STORM DRAIN.DWG
EXHIBIT 1
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 the rapid and unexpected deterioration of a storm drain
pipeline from 2950 La Costa Avenue to 7546 Gibraltar Street; 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: ft
Lisa Hildabrand, City Manager
City of Carlsbad, California
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RESOLUTION NO. 2009-312
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, PROCLAIMING THE EXISTENCE OF A
LOCAL EMERGENCY FOR REPAIR OF A STORM DRAIN FROM
4 2950 LA COSTA AVENUE TO 7546 GIBRALTAR STREET,
PROJECT NO. 6607.
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WHEREAS, on November 18, 2009, a degraded and deteriorated storm drain pipeline
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was discovered using closed circuit television monitoring; and
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WHEREAS, additional inspection was performed on November 30, 2009; and
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WHEREAS, the damaged portion of the storm drain conveys storm water from 2950 La
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Costa Avenue to 7546 Gibraltar Street; and
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WHEREAS, the degraded and deteriorated storm drain includes two large missing11
segments that have the potential to cause a slope failure; and
WHEREAS, emergency repairs are needed to mitigate potential damage to remaining
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storm water improvements and the existing slope and eliminate the threat of damage to real
property; and
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WHEREAS, Public Contract Code Section 1102 defines an emergency as "a sudden,16
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"; and1o
,Q WHEREAS, staff has determined that the potential damage to remaining storm wateri y
20 system and slope as well as the threat to real property meets the criteria for an emergency as
?1 defined in Public Contract Code Section 1102; and
22 WHEREAS, in the event of an emergency, Section 3.28.130 of the Carlsbad Municipal
23 Code gives the City Manager authority to declare a public emergency subject to confirmation by
24 the City Council, by four-fifths vote at its next regularly scheduled meeting following the declaration
25 of the emergency; and
2Q WHEREAS, said local emergency continues until the storm drain and all associated
27 components and conditions have been restored and declared abated by order of the City Manager
28 and City Council; and
1 WHEREAS, it is the intent of the City Council to do all things necessary to effectuate this
2 intent.
3 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
4 California, as follows:
5 1. That the above recitations are true and correct.
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.
3. That the City Manager or her designee is authorized and directed to complete
1 nIU 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
12 emergency.
13 4. That every fourteen days the City Manager shall review with City Council the
14 emergency actions taken and determine the need to continue the emergency.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 8th day of December. 2009, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
ATTEST:
LORRAINE M.
(SEAL)