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HomeMy WebLinkAbout2010-05-11; City Council; 20227; Continuation Declaration EmergencyCITY OF CARLSBAD - AGENDA BILL 11 20.227AB# MTG. 5/11/09 DEPT. TRAN CONTINUATION OF LOCAL DECLARATION OF EMERGENCY FOR CARLSBAD BOULEVARD ROADFILL FAILURE PROJECT NO. 6032 DEPT. DIRECTOR CITY ATTORNEY CITY MANAGER & "~ RECOMMENDED ACTION: Adopt Resolution No. 2010-107 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 southerly of the Encinas Creek Bridge and appropriate additional funds, Project No. 6032. 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, 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, 2010. The City has obtained an amendment to the Army Corp of Engineers (ACOE) permit required for Las Encinas Creek Bridge Replacement Project to include the riprap extension. The Contractor has installed the sheet piles necessary to excavate and place the riprap. The Contractor is on schedule and anticipates completing the improvements for the emergency riprap extension by May 28, 2010. The State Department of Parks and Recreation (State) is currently constructing a new sewer connection to the City's collection system near Island Way and Carlsbad Boulevard. Since the State's existing sewer forcemain conflicts with the City's riprap project and the State's project will not be complete for several weeks, the City will install a sewer forcemain bypass so the riprap can be installed before May 28th. Encina Wastwater Authority (EWA) has retained Moffat & Nichol to prepare design drawings to protect EWA's outfall and is in the process of entering into a contract with Filanc Construction to make outfall protection improvements. It is anticipated that a construction will commence within a few weeks and the temporary outfall protection improvements made by May 28, 2010. Staff is coordinating with EWA to minimize potential conflict in the field between the two different contractors. 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.gov Jacob Moeder (760) 602-2736 Jacob.Moeder@carlsbadca.gov FOR CITY CLERKS USE ONLY COUNCIL ACTION:APPROVED DENIED CONTINUED D WITHDRAWN d AMENDED O CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D 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. The City has requested the Governor declare a state of emergency so that State and Federal emergency funds can be pursued for this project. The Governor declared a State of Emergency for the San Diego County on March 30, 2010. Staff has been working with California Department of Transportation (Caltrans) to potentially obtain Federal Highway Administration (FHWA) funding for the Carlsbad Blvd Emergency Riprap Repairs, Project No. 6032. FHWA representatives will be visiting the project site and will determine if the project qualifies for Federal Aid. To date City Council has appropriated a total of $842,000 from the Gas Tax Fund towards Project No. 6032. Should Federal Aid be secured, the Gas Tax fund will be reimbursed. The table below shows the current status of the project. CARLSBAD BLVD RIP RAP [EXTENSION - PROJECT NO. 6032 TASK DESCRIPTION Design Construction, Inspection, Materials Testing TOTAL APPROPRIATED TO DATE $100,000 $742,000 $842,000 EXPENDITURES/ ENCUMBRANCES TO DATE $41,816 $3,478 $45,294 REMAINING BALANCES $58,184 $738,522 $796,706 EXHIBITS: 1. Resolution No.2010-107 proclaiming the continuation of a Declaration of a Local Emergency for repair and stabilization of a roadfill failure along the number two lane of Carlsbad Boulevard, Southbound southerly of the Encinas Creek Bridge and appropriate additional funds, Project No. 6032. 2. Declaration of Local Emergency dated February 5, 2010. 1 2 3 4 5n FUNDS. PROJECT NO. 6032. 6" 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2010-107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, PROCLAIMING THE CONTINUATION OF A DECLARATION OF A LOCAL EMERGENCY FOR REPAIR AND STABILIZATION OF A ROADFILL FAILURE ALONG THE NUMBER TWO LANE OF CARLSBAD BOULEVARD SOUTHBOUND SOUTHERLY OF ENCINAS CREEK BRIDGE, AND APPROPRIATE ADDITIONAL 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 17th 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, 2010. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1 2 3 4 9WUL1 IUWV 3. That every fourteen days the City Manager shall review with City Council the southbound, northerly and southerly of Las Encinas Creek Bridge. 5 1. 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 repair/replace roadfill at Carlsbad Boulevard c emergency actions taken and determine the need to continue the emergency. 7 8 9 10 11 /// 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 11 th day of May, 2010, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. ATTEST: LORRAINE M.i /SEAL OD, City 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 17th day of January, 2010 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 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: 'SSLOl By: "iiisa Hildabrand, City Manager City of Carlsbad, California