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HomeMy WebLinkAbout2012-10-23; City Council; 21031; REPAIR PERMIT NORTH BATIQUITOS SEWER LIFT STATIONCITY OF CARLSBAD - AGENDA BILL AB# MTG. DEPT. 21.031 10/23/12 CED/UTIL ISSUANCE OF EMERGENCY COASTAL DEVELOPMENT PERMIT TO REPAIR THE NORTH BATIQUITOS SEWER LIFT STATION - CDP 12-22; AND RATIFY DECLARATION OF LOCAL EMERGENCY DEPT. DIRECTOl CITY ATTORNEY CITY MANAGER \^ RECOMMENDED ACTIONS: Receive report. Pursuant to Municipal Code Section 21.201.190E, the City Planner is providing this report to inform the City Council about the nature of the emergency and the work involved and the issuance of an emergency Coastal Development Permit (CDP 12-22). No action is required on the report unless one-third of the City Council requests that the permit issued by the City Planner not go into effect. In which case, an application for a regular Coastal Development Permit would be processed in due course in accordance with the procedures set forth in Municipal Code Chapter 21.201. Adopt Resolution No. 2012-236 to ratify the Declaration of Local Emergency ITEM EXPLANATION: On or about October 7, 2012, a sewer line was discovered leaking at the North Batiquitos Lagoon sewer lift station, which is located just easterly of the southern terminus of Gabbiano Lane and on the north side of Batiquitos Lagoon. The effluent had spilled into the Batiquitos Lagoon. The City halted the fiow into the lagoon by pumping effluent into trucks to be hauled to the Encina Waste Water Treatment Facility. A bypass line has since been installed to allow for the repair/replacement of the broken sewer line. The sewer lift station is operational and generally serves the area southerly of Poinsettia Lane and westerly of El Camino Real. The City Manager declared a local emergency on October 9, 2012. On October 12, 2012, the City Planner issued an emergency Coastal Development Permit (CDP 12- 22) to allow repairs to the sewer line at the North Batiquitos lift station. City of Carlsbad Municipal Code Section 21.201.190(D)(1) authorizes the City Planner to issue an emergency Coastal Development Permit if he finds, in part, that, "An emergency exists that requires action more quickly than permitted by the procedures for minor coastal permits or for regular permits and the work can and will be completed within thirty days unless otherwise specified by the terms of the permit." The City Planner has granted this emergency Coastal Development Permit to be valid through November 25, 2012. Repairs are currently being performed and are scheduled to be completed by Mid-November. DEPARTMENT CONTACT: Van Lynch, Senior Planner 760-602-4613 van.lvnch(S)xarlsbadca.gov Glenn Pruim, Utilities Director 760-438-2722 glenn.pruim@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED k DENIED • CONTINUED • WITHDRAWN • AMENDED • CONTINUED TO DATE SPECIFIC • CONTINUED TO DATE UNKNOWN • RETURNED TO STAFF • OTHER-SEE MINUTES • Page 2 The emergency Coastal Development Permit and Emergency Declaration covers work to be completed by the City of Carlsbad. All work will occur landward (north) of the Mean High Tide Line (MHTL) and thus within the City of Carlsbad's Coastal Development Permit jurisdiction. Municipal Code Section 21.201.190(E) requires the City Planner to report to the City Council the nature of the emergency and the work involved. While noting this report is informational only, this section states "...that if at the meeting [at which the report is given], one-third of the City Council so request, the permit issued by the City Planner shall not go into effect and the application for a coastal development permit shall be processed in due course in accordance with the procedures set forth in Chapter 21.201." Such a request by one-third of Council Members would preclude processing the project expeditiously as is afforded by emergency permit provisions. The request may also delay environmental processing of the project as emergency projects are exempt from environmental review. Finally, the result of such request would also make it difficult to complete emergency repairs by November 25, 2012. 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 regularty scheduled meeting. 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 giving the usual notice for bids to let contracts. FISCAL IMPACT: Funds will be used from the operating budget until other funding is determined. Staff will return to the City Council to request an appropriation of additional funds once the cost proposal has been obtained. ENVIRONMENTAL IMPACT: Emergency projects for the repair of essential service facilities are statutorily exempt from CEQA pursuant to CEQA Guidelines Section 21080(b)(2) and 15269. EXHIBITS: 1. Resolution No. 2012-236 . 2. Declaration of Local Emergency dated October 9, 2012. 3. Emergency Coastal Development Permit Notice of Decision, dated October 12, 2012 4. Location exhibit. RESOLUTION NO. 2012-236 1 2 A RESOLUTION OF THE CITY OF CARLSBAD CITY COUNCIL 3 OF CARLSBAD, CALIFORNIA, PROCLAIMING A DECLARATION OF A LOCAL EMERGENCY 4" 5 WHEREAS, on or about October 7, 2012, conditions of extreme peril to the ^ safety of persons and property have arisen caused by discovery of a sewer line that was leaking at the North Batiquitos Lagoon sewer lift station; and WHEREAS, these conditions created an unexpected occurrence that posed 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 7 8 9 10 11 12 13 14 WHEREAS, these conditions do not permit a delay resulting from a competitive 15 solicitation for bids, and that the action was necessary to respond to the emergency; 16 and WHEREAS, in the event of an emergency, Section 3.28.120 of the Carlsbad Municipal Code gives the City Manager authority to declare a public emergency; and WHEREAS, the City Manager declared a local emergency on October 9, 2012; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cartsbad, California, as follows: 17 18 19 20 21 22 23 24 1. That the above recitations are true and correct. 25 2. That the foregoing constituted an emergency situation requiring immediate 26 action which could not reasonably wait for the next regularly scheduled meeting of the 27 28 3 1 City Council of the City of Cartsbad and requires that the City dispense with the formal 2 bidding process. 3. That the City Manager or her designee is authorized and directed to complete and file all appropriate forms and documents necessary to abate the emergency and to obtain the maximum cooperation and assistance both financial and OthenA/ise in responding to this emergency. 3 4 5 6 7 g 4. That every fourteen days the City Manager shall review with the City 9 Council the emergency actions taken to date and determine the need to continue the 10 emergency. 11 /// /// /// /// /// /// /// /// 12 13 14 15 16 17 18 19 20 /// 21 /// 22 23 24 25 26 27 28 /// /// /// /// /// 1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council 2 of the City of Carisbad on the 23'" day of October, 2012, by the following vote to wit: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 AYES: Council Members Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. ABSENT: None. M. WOOD, City Clerk (SEAL) ^^^^^^^ 21 22 23 24 25 26 27 28 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, Califomia 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 failure of a sewer force main at the Batiquitos Sewer Lift Station; 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, Califomia; 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: /g/?//^. John Coates, Acting City Manager City of Carlsbad, Califomia V<CARLSBAD Planning Division EMERGENCY COASTAL DEVELOPMENT PERMIT NOTICE OF DECISION www.carlsbadca.gov October 12, 2012 Glenn Pruim City of Carlsbad 1200 Carisbad Village Drive Carlsbad CA 92008 RE: CDP 12-22 - BATIQUITOS LAGOON SEWER UNE FAILURE - EMERGENCY PERMIT The City Planner has completed a review of the application for an Emergency Coastal Development Permit for repairs to the ruptured sewer line on the north side of Batiquitos Lagoon, easterly of Gabbiano Lane and adjacent to the existing North Batiquitos Lagoon Lift Station just easterly of Gabianno Lane. The failure occurred on or about Sunday morning, October 7, 2012. The repair work consists of exposing the broken line and replacing/repairing the sewer line. During the interim period, the sewage is being pumped to trucks to be hauled to the Encina Waste Water Pollution Facility in Carlsbad and a temporary bypass has since been installed. The City Planner APPROVES this request for an Emergency Coastal Development Permit based upon the following: Findings: 1. An emergency exists that requires action more quickly than permitted by the procedures for minor coastal development permits or for regular permits and the work can and will be completed within thirty days unless otherwise specified by the terms of the permit; 2. The location of the repair work is confined to the sewer lift station property which is fully developed with paved access roads where the work is to occur and there will be no additional impacts to coastal resources other than the spilled effluent. 3. Public notice on the proposed emergency action has not occurred because time did not allow; and 4. The work proposed will be consistent with the requirements of the certified Local Coastal Program. 5 This emergency project is statutorily exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 21080(b)(2). n. 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® CDP 12-22 - BATIQUITOS LAGOON SEWER LINE FAILURE October 12, 2012 PAGE 2 Conditions: 1. The City Planner does hereby APPROVE the Emergency Coastal Development Permit, for the project entitled "Batiquitos Lagoon Sewer Line failure", dated October 10, 2012, on file in the Planning Division and incorporated by this reference, subject to the conditions herein set forth. 2. The Emergency Coastal Development Permit is granted subject to completion of the emergency repair work within 45 days. 3. A formal application for a regular Coastal Development Permit shall be submitted to the City within 30 days of this letter. Engineering Conditions NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed development, must be met prior to approval of a building or grading permit whichever occurs first. Grading Repair work shall comply with the City's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution treatment practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Within thirty (30) days of the approval of the Emergency CDP, a Tier 3 Storm Water Pollution Prevention Plan (TIER 3 SWPPP) shall be prepared. The TIER 3 SWPPP shall be in compliance with current requirements and provisions established by the San Diego Region of the California Regional Water Quality Control Board and City of Carisbad Requirements. The TIER 3 SWPPP shall address measures to reduce to the maximum extent practicable storm water pollutant runoff during construction of the project. CITY OF CARLSBAD DON NEU City Planner DN:VL:bd c: Bill Plummer, Deputy City Engineer Chris DeCerbo, Principal Planner Sherilyn Sarb, District Manager, California Coastal Commission, 7575 Metropolitan Dr, Ste 103, San Diego, CA 92108 Charles Lester, Coastal Commission Executive Director, 45 Fremont St, Suite 2000, San Francisco, CA 94105-2219 File Copy Data Entry 6 SITEMAP N NOT TO SCALE Batiquitos Lagoon Lift Station Repair CDP 12-22 North Batiquitos Lift Station Declaration of Local Emergency William Plummer 10/23/2012 Site Location Pictures 2 Forcemain Failure Timeline •Sunday – October 7, 2012: –8:20 AM Operator respond to spill –Tanker trucks arrive & contain spill by pumping out manholes –Reverse 911 -Notified 8900 customers (4500 customers answered) –3:30 PM Contractor arrives to begin repairing forcemain –6:00 PM Flows overtake tanker trucks – called Cal EMA 3 Forcemain Failure Timeline Cont. •Monday – October 8, 2012 –5:10 AM estimated 13,000 gallons overflow –12:42 PM called Cal EMA estimating 27,000 gals. –Warning signs posted: lagoon; I-5; Ponto Beach –Water Quality Monitoring Initiated for lagoon, etc. –Because of significant forcemain depth: •Cap off 14” forcemain - install temporary bypass •After bypass then locate problem area on forcemain –8:30 PM Temporary Bypass completed –Notify Cal EMA – spill volume 32,040 gallons 4 Pictures of Staff Activities 5 Forcemain Repair Timeline •Wednesday October 10 - Exposed Tee (no problem found) •Thursday October 11 - Problem area isolated to 46-foot section past the Tee •Friday October 12 - Site safety precludes Contractor exposing more 14” DIP – Decision made to replace 14” DIP •Friday October 19 - Engineering completes design of a rerouted DIP 6 Forcemain Repair Timeline •Monday October 22 – materials ordered •Friday October 26 – connect to Primary forcemain •Friday November 2 – connect to Secondary forcemain and locate problem area on 42-foot section 7 Estimated Cost •Emergency Spill Response, Bypass Installation, Site Cleanup - $150,000 •Forcemain Replacement Construction - $200,000 •Total - $350,000 8