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HomeMy WebLinkAbout2017-03-14; City Council; ; Adopt a Resolution declaring that the Local Emergency on the west side of Batiquitos Drive is terminated pursuant to Carlsbad Municipal Code section 3.28.120 and Public Contract Code section 22050CA Review ff> CITY COUNCIL Staff Report Meeting Date: To: From: Staff Contact: Subject: March 14, 2017 Mayor and City Council V Kevin Crawford, City Manager Elaine Lukey, Public Works Director Elaine.lukey@carlsbadca.gov or 760-602-2751 Adopt a Resolution declaring that the Local Emergency on the west side of Batiquitos Drive, 0.25 miles south of Poinsettia Lane is terminated, pursuant to Carlsbad Municipal Code section 3.28.120 and Public Contract Code section 22050. Recommended Action Adopt a Resolution declaring that the Local Emergency on the west side of Batiquitos Drive, 0.25 miles south of Poinsettia Lane is terminated, pursuant to Carlsbad Municipal Code section 3.28.120 and Public Contract Code section 22050. Executive Summary Following a Declaration of Local Emergency issued on Dec. 27, 2016, repair work was performed on the detention basin located on the west side of Batiquitos Drive, 0.25 miles south of Poinsettia Lane. Repairs to abate the emergency have been completed and the Declaration of Local Emergency is no longer needed. Discussion The detention basin located on the west side of Batiquitos Drive, 0.25 miles south of Poinsettia Lane, is on private property with city ownership of the above ground stand pipe and underground drain pipe. In 2015, staff became aware of small amounts of sediment entering the city right of way in rain events, and staff initiated contact with the property owner to investigate and correct the problem. Staff implemented storm water BM P's in the right of way and monitored the site closely. During rain events in mid to late December 2016, staff began observing larger amounts of sediment in the city right of way on Batiquitos Drive, creating issues with street flooding, large scale cleanup of sediment, and concern that the detention basin on the property was failing. Staff implemented protocols to ensure the safety of motorists, bicyclists, and pedestrians. On Dec. 27, 2016, the city manager declared a local emergency and the city planner issued Emergency Coastal Development Permit 2016-0009, allowing staff to contract for work necessary to mitigate the hazardous situation. On Dec. 28, 2016, the Public Works department requested that Pulice Construction mobilize to the site and prepared a contract for the emergency work. The contractor was directed to perform work necessary to reconstruct portions of the detention basin to a working condition. Item #3 March 14, 2017 Page 1 of 4 On Jan. 10, 2017, City Council confirmed the Declaration of Local Emergency by adopting Resolution No. 2017-006. City Council continued the Declaration of Local Emergency on Jan. 24, 2017 (Resolution No. 2017-017), Feb. 14, 2017 (Resolution No. 2017-023), and Feb. 24, 2017(Resolution No. 2017-034). The city planner subsequently approved a minor Coastal Development Permit, CDP 2017-0006. The work required to mitigate the emergency included removing and replacing the concrete spillway, removing accumulated sediment and debris immediately adjacent to the spillway, and placement and compaction of material to fill the eroded portions of the basin under and adjacent to the existing concrete spillway. Reconstruction of the corrugated metal drainage structure was also required. This work commenced Dec. 28, 2016, and was completed on March 3, 2017. Fiscal Analysis Public works established an account to track all costs and moved $100,000 of contingency money into the account for this emergency project. Construction costs for all time and material work are estimated to be $55,949. The total project costs, including environmental monitoring, are estimated to be $67,529. Next Steps Staff will continue to monitor the location and will take appropriate steps to prevent future reoccurrences, including code enforcement against the property owner and other responsible parties as appropriate. Environmental Evaluation (CEQA) Emergency projects are statutorily exempt from CEQA pursuant to CEQA Guidelines Section 15269. Public Notification None required. Exhibits 1. Resolution declaring that the Local Emergency on the west side of Batiquitos Drive, 0.25 miles south of Poinsettia Lane is terminated, pursuant to Carlsbad Municipal Code section 3.28.120 and Public Contract Code section 22050. Item #3 March 14, 2017 Page 2 of 4 RESOLUTION NO. 2017-041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING THAT THE LOCAL EMERGENCY ON THE WEST SIDE OF BATIQUITOS DRIVE, 0.25 MILES SOUTH OF POINSETIIA LANE IS TERMINATED, PURSUANT TO CARLSBAD MUNICIPAL CODE SECTION 3.28.120 AND PUBLIC CONTRACT CODE SECTION 22050. WHEREAS, During recent rain events in mid to late December 2016, city staff observed large amounts of sediment in city right of way on Batiquitos Drive, creating issues with street flooding, large scale cleanup of sediment, and concern that the detention basin on the private property adjacent to Batiquitos Drive was failing; and WHEREAS, on Dec. 27, 2016, the city manager signed a Declaration of Local Emergency; and WHEREAS, under the Declaration of Local Emergency, the city manager directed the Public Works department to commence temporary emergency repairs; and WHEREAS, on Jan. 10, 2017, the City Council confirmed the Declaration of Local Emergency by a unanimous vote by adopting Resolution No. 2017-006; and WHEREAS, on Jan. 24, 2017, City Council adopted Resolution No. 2017-017 by a unanimous vote to continue the state of local emergency; and WHEREAS, on Feb. 14, 2017, City Council adopted Resolution No. 2017-023 by a 4-0 vote, with Council member Michael Schumacher absent, to continue the state of local emergency; and WHEREAS, on Feb. 24, 2017, City Council adopted Resolution No. 2017-034 by a unanimous vote to continue the state of local emergency; and WHEREAS, said Local Emergency has been abated and there is no need for the state of Local Emergency to continue. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: Item #3 March 14, 2017 Page 3 of 4 1. That the above recitations are true and correct. 2. The declaration of emergency is hereby terminates pursuant to Carlsbad Municipal Code section 3.28.120 and Public Contract Code section 22050. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 14th day of March, 2017, by the following vote, to wit: AYES: M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard. NOES: None. ABSENT: None. ·v4H M~LL,Mayor ~Jh_~./m BARBA ENGLESON, City Cit; l (SEAL) Item #3 March 14, 2017 Page 4 of 4