HomeMy WebLinkAbout2014-11-18; City Council; 21789; Appropriation Funds BMPS 2014 Poinsettia Fire, Authorization for BidsCITY OF CARLSBAD AGENDA BILL 6.1
AB# 21,789 APPROPRIATION OF $500,000 FOR INSTALLATION AND
MAINTENANCE OF BMPS RELATED TO THE 2014
POINSETTIA FIRE AND AUTHORIZATION TO
ADVERTISE FOR BIDS
DEPT. DIRECTOR
DATE 11/18/14
APPROPRIATION OF $500,000 FOR INSTALLATION AND
MAINTENANCE OF BMPS RELATED TO THE 2014
POINSETTIA FIRE AND AUTHORIZATION TO
ADVERTISE FOR BIDS
CITY ATTY. £-$6—.
DEPT. PW-TRAN
APPROPRIATION OF $500,000 FOR INSTALLATION AND
MAINTENANCE OF BMPS RELATED TO THE 2014
POINSETTIA FIRE AND AUTHORIZATION TO
ADVERTISE FOR BIDS
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CITY MGR.
RECOMMENDED ACTION:
Adopt Resolution No. 2014-266 appropriating funds for the construction and maintenance of Best
Management Practices (BMPs) as a result ofthe 2014 Poinsettia Fire and authorizing staff to advertise for
bids.
ITEM EXPLANATION:
On May 14, 2014 the City Manager ofthe City of Carlsbad proclaimed the existence of a local emergency
due to conditions of extreme peril to the safety of persons and property caused by a wildfire in Carlsbad.
On May 20, 2014, the City Council adopted a Declaration of Local Emergency recommended by the City
Manager due to the brush fire, known as the 2014 Poinsettia Fire, which began on May 14, 2014. On June
24, 2014 the City Council adopted Resolution 2014-157 proclaiming the continuing existence of a local
emergency and appropnating $1,000,000 from the General Fund to cover the costs ofthe expenditures
related to the incident period from May 14, 2014 through May 17, 2014 as well as temporary repair work
and/or clean-up occurnng within the first 30 days after the end ofthe incident. On July 22, 2014 the City
Council adopted Resolution 2014-180 terminating the continued state of emergency and appropnating
an additional $1,500,000 from the General Fund to cover the cost of permanent repairs related to the
Poinsettia Fire. It was noted in the associated Agenda Bill that the appropriations will cover costs to
permanently repair landscaping, building and infrastructure damages, as well as open space erosion
control at various city locations. This second appropriation brought the total appropriations associated
with the 2014 Poinsettia Fire to $2,500,000. On October 14, 2014 the City Council adopted Resolution
2014-239 appropriating funds of $100,000 for the construction of enhancements and improvements to
private storm drain structures impacted by the 2014 Poinsettia Fire, bringing the total appropriations
associated with the 2014 Poinsettia Fire to $2,600,000.
As part of the ongoing 2014 Poinsettia Fire recovery work, the city has completed a field review of the
fire burn area. Prior to the fire, the area was heavily vegetated and as such the quantity and quality of the
rainfall runoff corresponded to the vegetated conditions. After the fire, the vegetation is essentially gone
and as such there are a number of Best Management Practices (BMPs) that are warranted to respond to
and protect against the changed conditions. Typical BMPs include application of fiber mulch in select
highly erodible slopes and installation of gravel bags, silt fencing, straw waddles and larger coconut fiber
waddles called coir logs on slopes and natural drainage channels. These BMPs will help reduce the
amount of soil erosion and help prevent siltation of the storm drain system. They will also provide
protection against a change in the quality of the runoff water.
DEPARTMENT CONTACT: Patrick Vaughan 760-602-2780 patrick.vaughanPcarlsbadca.gov
FOR CLERK USE.
COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC •
DENIED • CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER - SEE MINUTES •
AMENDED • REPORT RECEIVED • 1
2014 Poinsettia Fire
11/25/2014
Page 2 of 3
The city hired HRS/Dudek to produce a study titled Poinsettia Fire Post Fire Erosion Control Plan. The
study recommends the installation of erosion control BMPs within the burn area and maintaining and
monitoring those BMPs for 6 months after installation. These BMPs are generally in upslope locations
and are in addition to the enhancements and improvements that will be installed adjacent to the storm
drains described in Resolution 2014-239.
Prioritizing protection and enhancement of open space and the natural environment is one ofthe core
values in the City's Community Vision. Our Habitat Management Plan (HMP) provides many benefits to
the city and property owners. By protecting threatened and endangered species, the HMP allows for
continued economic development and implementation of the Growth Management Plan and General
Plan. The open space areas set aside by the HMP also provide recreational and aesthetic benefits to
residents and visitors. Active management ofthe HMP protects water quality and supports biodiversity.
The Poinsettia Fire was declared as an Unforeseen Circumstance by the U.S. Fish and Wildlife Service.
According to the Habitat Management Plan (HMP) Implementing Agreement, the city has an interim
obligation to reduce the likelihood of further damage to the habitat and, depending on the success of
habitat recovery, may be required to perform remedial tasks such as supplemental planting. By acting
now to reduce soil loss, the chances of habitat recovery are greater, thus lessening the probability of
future active recovery efforts and associated costs.
Successful restoration of the habitat in these open space areas is necessary to reestablish the
recreational and aesthetic benefits of the areas for the public good, protect water quality, protect the
city's infrastructure, and maintain the city's compliance with both the HMP and Municipal Storm Water
Permit requirements.
The city will obtain a release of liability from each property owner before installing any BMPs on their
property.
Staff recommends authorizing the City Clerk to advertise for bids for the construction and maintenance
of BMPs within the burn area ofthe 2014 Poinsettia Fire in accordance with the Poinsettia Fire Post Fire
Erosion Control Plan and the Engineer's Estimate.
FISCAL IMPAa:
At its June 24, 2014 regular meeting, the City Council appropriated $1,000,000 from the General Fund to
offset departmental costs related to the 2014 Poinsettia Fire. At its July 22, 2014 regular meeting, the
City Council appropriated $1,500,000 from the General Fund for permanent repairs to city owned
property impacted by the 2014 Poinsettia Fire. At its October 14, 2014 regular meeting, the City Council
appropriated $100,000 from the General Fund for the construction of enhancements and improvements
to private storm drain structures impacted bythe 2014 Poinsettia Fire.
Staff is requesting an additional appropriation of $500,000 from the General Fund unassigned fund
balance to enable the city to construct and maintain BMPs within the burn area ofthe 2014 Poinsettia
Fire. Approximately $300,000 will be used forthe initial BMP installation and $200,000 will be used for
2014 Poinsettia Fire
11/25/2014
Page 3 of 3
monitoring and maintaining those BMPs for 6 months after installation. This will bring the total
appropriations associated with the 2014 Poinsettia Fire to $3,100,000.
There is the potential for partial reimbursement of these costs from state agencies. The degree to which
these costs are reimbursable is currently unknown and is dependent on approvals from the state
agencies.
The total costs to respond to the local emergency are unknown at this time. However, prior to the
conclusion of the emergency recovery, the Council will be presented with a full accounting of all costs
including all material, labor, regular and professional services and if any state and/or federal government
reimbursement were available and received.
ENVIRONMENTAL IMPACT:
The project is exempt from the California Environmental Quality Act (CEQA) per State CEQA Guidelines
Section 15308 - actions taken by regulatory agencies to assure the maintenance, restoration,
enhancement, or protection of the environment where the regulatory process involves procedures for
protection ofthe environment, including water quality.
PUBLIC NOTIFICATION:
None.
EXHIBITS:
1. Resolution No. 2014-266 appropriating funds for the construction and maintenance of
BMPs as a result ofthe 2014 Poinsettia Fire and authorizing staff to advertise for bids.
2. Engineer's Estimate.
3. Location Map.
EXHIBIT 1
RESOLUTION NO. 2014-266
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
3 CALIFORNIA, APPROPRIATING FUNDS FOR THE CONSTRUCTION
AND MAINTENANCE OF BMPS AS A RESULT OF THE 2014
4 POINSETTIA FIRE AND AUTHORIZING STAFF TO ADVERTISE FOR
BIDS.
5 "
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WHEREAS, on May 14, 2014 the City Manager of the City of Carlsbad proclaimed the
existence of a local emergency due to conditions of extreme peril to the safety of persons and
property caused by a wildfire in Carlsbad; and
10 WHEREAS, on May 20, 2014 the City Council declared a local state of emergency by
Resolution No. 2014-104; and
WHEREAS, on June 24, 2014 the City Council appropriated $1,000,000 from the General
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17 emergency; and appropriated $1,500,000 from the General Fund for permanent repairs to city
8 owned property impacted by the 2014 Poinsettia Fire by Resolution No. 2014-180; and
WHEREAS, on October 14, 2014 the City Council appropriated $100,000 for the
construction of enhancements and improvements to private storm drain structures impacted
by the 2014 Poinsettia Fire by Resolution No. 2014-239, bringing the total appropriations
associated with the 2014 Poinsettia Fire to $2,600,000; and
Fund to offset departmental costs related to the 2014 Poinsettia Fire by Resolution
No. 2014-157; and
WHEREAS, on July 22, 2014 the City Council terminated the continued state of a local
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24 WHEREAS, the Poinsettia Fire constitutes an Unforeseen Circumstance according to the
25 Habitat Management Plan Implementing Agreement; and
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WHEREAS, in an Unforeseen Circumstance, the city has interim obligations to reduce the
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likelihood of further damage to the habitat; and
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I WHEREAS, construction and maintenance of BMPs within the burn area of the 2014
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7 2. The Administrative Services Director is hereby authorized to appropriate $500,000
8 from the General Fund unassigned fund balance to cover the cost of BMP installation and
maintenance within the burn are related to the 2014 Poinsettia Fire.
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Poinsettia Fire are necessary and in the city's best interest.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California
as follows:
1. That the above recitations are true and correct.
3. The City Clerk of the City of Carlsbad is hereby authorized and directed to
publish, in accordance with State law, a Notice to Contractors Inviting Bids for the construction
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j3 and maintenance of BMPs within the burn area ofthe 2014 Poinsettia Fire, in accordance with
14 the Poinsettia Fire Post Fire Erosion Control Plan and the Engineer's Estimate referred to
15 herein.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
of Carlsbad on the 18th day of November, 2014, by the following vote to wit:
AYES:
NOES:
ABSENT:
Hall, Packard, Wood, Schumacher.
None.
None.
ABSTAIN: Blackburn.
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESON, City C
(SEAL)
Post Fire Erosion Hazard Reduction Plan
City ofCarlsbad Poinsettia Fire
Engineer's Estimate
City of Carlsbad -Post Fire Erosion BIVIP Costs
"Ftexteira" qty Unit Cost Total
Hydromulch "Flexterra" or
equal 207,950 sqft $ 0.15 $ 31,192.50
installed cost, no seed (for portions of areas
of high erosion potential, approx. 4.8 acres)
Fiber Rolls (50% of area) 12,398 If $ 2.95 $ 36,574.10
installed cost (approx. lin. ft. per Dudek
Figures 5-10)
Coir Logs (50% of area) 12,398 If $ 16.50 $ 204,567.00
installed cost, coconut fiber rolls, better long
term solution than fiber rolls, hold up longer
and are heavier (approx.lin. ft. per Dudek
Figures 5-10)
Gravel Bags @ Drain Inlets,
gravel bag ring around drain 7 ea S 250.00 $ 1,750.00
installed cost (approx. allottment, assumes
12 ft. dia gravel bag ring around each inlet)
Gravel Bag Point, Check Dam
@ Cone. Ditches 2 ea $ 125.00 $ 250.00
installed cost (approx. allottment 1 dam @
each location)
Gravel Bag Check Dams @
Cone. Ditches @15 ft. o.c. 216 ea $ 50.00 S 10,800.00
installed cost (approx. allottment 216 checi<
dams at 15 ft. on center along 3230 lin., ft. of
ditch)
Silt Fence 2,575 If S 1.75 $ 4,506.25 installed cost (approx. allottment)
Large Erosion Sink, grading
repair 1 lump sum $ 1,880.00 $ 1,880.00
grading cost (approx. allottment for 1 area,
10 ft. sq. area = 100 s.f. x 5 ft. dp.= 500 cf.
import fill)
Erosion Control Monitoring &
Reporting 6 months (bi-
monthly visits, 3 total) 1 lump sum $ 8,500.00 $ 8,500.00
Erosion Control BMP
Maintenance 6 months 200 acre S 1,000.00 $ 200,000.00
assumes 200 acres of area to be maintained
throughout the rainy season
Est Total $ 500,019.85
Morgen Fry
Subject: FW: Item 6.1 on Tonight's City Counci! Meeting Agenda- BMP's for Poinsettia Fire Burn
Area
importance: High All Receive- Agenda Item
For the Information of the:
ClTy COUNCIL ,
ACM CA_^:l GC i_.
- J3ate'^jg|^4Di%^ Maflage^ y/ -
From: diane nygaard rmailto:dandd2@peoplepc.coml
Sent: Tuesday, November 18, 2014 2:56 PM
To: Council Internet Email
Cc: Barbara Engleson; Mary Clarke; David Mayer); Susan Wynn
Subject: Item 6.1 on Tonight's City Council Meeting Agenda- BMP's for Poinsettia Fire Burn Area
Importance: High
Honorable Mayor and City Council
These comments are on Item 6.1 on tonight's City Council agenda. We certainly recognize the amount of effort that has
gone in to protection ofthe natural resources impacted by the Poinsettia fire and fully support the allocation of
additional funds to improve BMP's to control run-off. However the staff report for item 6.1 raises a number of
questions that need to be addressed to assure the city is in compliance with the provisions ofthe Habitat Management
Plan and the related Open Space Management Plan to fully protect the natural resources that have been impacted by
this fire.
Our questions include the following:
Page G-2 of the HMP states the" Services" (i.e.state and federal wildlife agencies) shall "bear the burden of
demonstrating that an unseen circumstance exists, using the best available science
The staff report states that the city has determined this fire was an unforeseen circumstance- but per the
provisions ofthe HMP it is not the city that is authorized to make that determination. Furthermore the HMP on
. page G-4 describes unforeseen circumstance fires as repetitive fires within three years that impact greater than
5 acres. The report does not indicate how much ofthe impacted area, if any, had repeat fire within the specified
time frame. Have the services made a determination of "unforeseen circumstances' and if so what was the basis
for that determination?
OSMP Section 3.1.4 Fire Management Issues Recommendation 6 states " The City will address basic issues of
fire management through a comprehensive update of City fire management policies and guidelines..." and that
"Resource-specific fire management planning will be incorporated into each individual preserve area plan to
coordinate and manage the protection. o| siensitive resources during and after a burn event."
We have not seen "resource-specific'' ffre management planning incorporated into individual preserve
management plans. Have^sjachlpla'il^s beSii%e^ and have they been updated based on what has been
iearned from this fire? ,. ..-y. , >
OSMP Section 3.1.8 Bi0fi(3|ka'l Moniforir^'Responsibilities and Adaptive Management Issue 19 Trigger for
Adaptive Management identifies the Teir^^.ris.i,bility to monitor resources . Recommendation 19 states
" Corrective actions within an adaptive. |i!ari,agement context will be undertaken as soon as possible to prevent
further degradation and more costly remedies later." Our concern is that a number of issues have been raised
post fire that would seem to require corrective action beyond BMP's for run-off control. Among these issues
are such things as :