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HomeMy WebLinkAbout2010-03-09; City Council; 20147; Continuation of Local Declaration of Emergency for Carlsbad Bouelvard Roadfill FailureRECOMMENDED ACTION: @ CITY OF CARLSBAD - AGENDA BILL ,3 Cdtrpo~'A\B Adopt Resolution No. 2010-043 to continue the Declaration of a Local Emergency for repair and stabilization of a roadfill failure along the number two lane of Carlsbad Boulevard, Southbound, northerly and southerly of the Encinas Creek Bridge. AB# 20.147 MTG. 03/09/10 DEPT. TRAN ITEM EXPLANATION: On January 17, 2010, and for several days following, severe storms produced substantial rainfall, flooding and destructive tidal-surge wave action in Carlsbad. These events occurred on or about the same time as higher than normal tides produced by an astronomical high tide event. On February 2, 2010, during a routine inspection, staff determined that the roadway along Carlsbad Boulevard, north and south of the Encinas Creek Bridge had been compromised and the integrity of the roadway was at risk. Staff implemented protocols to ensure the safety of the motoring public, bicyclists, and pedestrians, and a local emergency was declared on February 5,201 0. CONTINUATION OF LOCAL DECLARATION OF EMERGENCY FOR CARLSBAD BOULEVARD ROADFILL FAILURE Federal-Aid is currently being pursued by Staff. Staff is in the process of preparing a design to temporarily protect Carlsbad Boulevard from destructive tidal-surge action, and protect the Encina Wastewater Authority Sewer Treatment plant (EWTP) outfall. The design will likely be an extension of the rip rap improvements that are being made as part of the Encinas Creek Bridge replacement project. The California Coastal Commission has been notified of the City's intent to make the repairs under an Emergency Coastal Development Permit, which is separate from the Coastal Development Permit (CDP) that California Coastal Commission has approved for the Encinas Creek Bridge replacement project. DEPT. DIRECTOK &&- CITY ATTORNEY ClTY MANAGER ' r~!- City staff has contacted Encina Wastewater Authority to identify the location of the EWTP outfall, which is a critical asset to Encina Wastewater Authority. Staff will be meeting with EWTP to develop plans to protect their facility. The City Manager sent a letter on February 22, 2010, to the Office of Emergency Services and to Governor Schwarzenegger requesting a Gubernatorial Proclamation of a Major Disaster. ENVIRONMENTAL IMPACT: Emergency projects are statutorily exempt from CEQA pursuant to CEQA Guidelines Section 15269. DEPARTMENT CONTACT: Skip Hammann (760) 434-2856. Skip,hamman@carlsbadca.~ov Jacob Moeder (760) 602-2736. Jacob.Moeder@carlsbadca.nov FOR ClTY CLERKS USE ONLY COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC DENIED CONTINUED TO DATE UNKNOWN CONTINUED RETURNED TO STAFF WITHDRAWN OTHER - SEE MINUTES AMENDED Page 2 FISCAL IMPACT: The February 5, 2010 declaration initiated reviews by appropriate State agencies to determine if the damage incurred is eligible for reimbursement from either the State or Federal Government. At this time, though, Federal-Aid Highway Emergency Relief or California Disaster Assistance has not been secured. Cost estimates to repair and mitigate the damage to this roadway are pending. However, funding is required to proceed with the design services necessary to temporarily protect Carlsbad Boulevard from destructive tidal-surge action and protect the EWTP outfall. Therefore, Staff is requesting $100,000 from the Gas Tax Fund to initiate the design process. Sufficient funds are available in the Gas Tax Fund for this request. If Federal or State aid is subsequently secured, the Gas Tax Fund will be reimbursed. Once the overall project cost estimates have been finalized, Staff will request additional funds to abate the emergency. EXHIBITS: 1. Resolution No. 2010-043 continuing the Declaration of a Local Emergency for repair and stabilization of a roadfill failure along the number two lane of Carlsbad Boulevard, Southbound, northerly and southerly of the Encinas Creek Bridge. 2. Declaration of Local Emergency dated February 5, 2010. RESOLUTION NO. 201 0-043 A RESOLUTION OF THE ClTY COUNCIL OF THE ClTY OF CARLSBAD, CALIFORNIA, PROCLAIMING THE CONTINUATION OF A DECLARATION OF A LOCAL EMERGENCY TO REPAIRIREPLACE ROADFILL AT CARLSBAD BOULEVARD SOUTHBOUND, NORTHERLY AND SOUTHERLY OF ENCINAS CREEK BRIDGE. WHEREAS, conditions of extreme peril to the safety of persons and property have arisen within the City of Carlsbad caused by severe storms and associated tidal action beginning on or about the 17'~ day of January, 2010, and the subsequent failure of roadfill along Carlsbad Boulevard Southbound, northerly and southerly of Encinas Creek Bridge, within the City Limits of Carlsbad; and WHEREAS, these conditions created 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 WHEREAS, these conditions are determined to have been caused by an act of nature, not reasonably mitigated by the best efforts of the City and its Staff; and WHEREAS, the roadway in question is classified as a federal highway, and as such the City may be eligible for reimbursement for expenses related to the repair and stabilization of the roadway; and WHEREAS, 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 WHEREAS, on February 5, 2010, the City Manager declared a Local Emergency; and WHEREAS, City Council of the City of Carlsbad ratified the emergency at a special meeting held on February 9, 201 0. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: I. That the above recitations are true and correct. 2. There is a need to continue the local emergency declared Tuesday, February 9, 2010, by adoption of Resolution 2010-030 to repairlreplace roadfill at Carlsbad Boulevard jouthbound, northerly and southerly of Encinas Creek Bridge. 3. That every fourteen days the City Manager shall review with City Council the emergency actions taken and determine the need to continue the emergency. 4. That the Finance Director is authorized to appropriate $100,000 from the Gas Tax Fund to initiate the design process. I// IN Ill Ill Ill Ill Ill /I/ Ill Ill //I Ill Ill Ill Ill //I //I I// //I Ill 4 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 9th day of March, 201 0, by the following vote to wit: AYES: Council Members Lewis, Hall, Packard and Blackbum. NOES: None. ABSENT: Mayor Pro Tem Kulchin. ATTEST: 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 severe storms and associated tidal action beginning on or about 17' day of January, 201 0 the subsequent failure of roadfill along Carlsbad Boulevard Southbound, northerly and southerly of Encina Creek Bridge; 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 fiom 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 OWERED 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: 45/2~/o I I By: City of Carlsbad, California