HomeMy WebLinkAbout2017-01-10; City Council; ; Adopt a Resolution confirming the City Manager's Declaration of Local Emergency on the west side of Batiquitos Drive, 0.25 miles south of Poinsettia Lane, pursuant to PubCA Review 4'40:,,AktPr47
CITY COUNCIL
Staff Report
Meeting Date: Jan. 10, 2017
To: Mayor and City Council
61/ From: Kevin Crawford, City Manager.
Staff Contact: James Wood, Environmental Manager
James.wood@carlsbadca.gov or 760-602-7584
Subject: Adopt a Resolution confirming the City Manager's Declaration of Local
Emergency on the west side of Batiquitos Drive, 0.25 miles south of
Poinsettia Lane, pursuant to Public Contract Code 22050 and Carlsbad
Municipal Code Section 3.28.120 and receiving a report regarding
Emergency Coastal Development Permit 2016-0009
Recommended Action
Adopt a Resolution confirming the City Manager's Declaration of Local Emergency on the west
side of Batiquitos Drive, 0.25 miles south of Poinsettia Lane, pursuant to Public Contract Code
22050 and Carlsbad Municipal Code Section 3.28.120 and receiving a report regarding Emergency
Coastal Development Permit (CDP) 2016-0009.
Executive Summary
A detention basin west of Batiquitos Drive, 0.25 miles south of Poinsettia Lane, failed during
recent rain events causing street flooding, erosion and sedimentation on Batiquitos Drive. The
City Manager issued a Declaration of Local Emergency on Dec. 27, 2016 and work to repair the
failed basin began on Dec. 28, 2016. This action is requesting the City Council confirm the City
Manager's Declaration of Local Emergency as required by the Carlsbad Municipal Code.
In addition, the City Planner issued Emergency CDP 2016-0009 on Dec. 27, 2016. Pursuant to
Carlsbad Municipal Code Section 21.201.190, the City Planner is required to report to the
California Coastal Commission through its Executive Director and to the City Council at the first
scheduled meeting after the emergency permit has been issued, the nature of the emergency
and the work involved. The City Council may either receive the report, which would allow the
emergency work to proceed; or, if one-third of the City Council so requests, direct that the
emergency CDP not go into effect. This option would halt the emergency work, and would
require the processing of a regular CDP application for an eventual decision by the Planning
Commission.
Discussion
The basin is located on private property with city ownership of the above ground stand pipe and
underground drain pipe. Evidence of small amounts of sediment into the city right of way in 2015
rain events initiated staff contact with the property owner to investigate and correct.
Stormwater BMP's were implemented and monitored closely. During recent rain events in mid-
late December 2016, larger amounts of sediment were observed in the city right of way on
Item #7 January 10, 2017 Page 1 of 6
Batiquitos Drive, creating issues with street flooding, large scale cleanup of sediment and concern
for the failure of the detention basin on the property. Staff implemented protocols to ensure the
safety of motorists, bicyclists, and pedestrians.
On December 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 December 28, 2016, the Public Works department
requested that Pulice Construction mobilize to the site and prepared a contract for the
emergency work. The contract is to perform work necessary to reconstruct portions of the
desilting basin to its originally designed condition.
The work required to mitigate the declared local emergency includes removing and replacing the
concrete spillway, removing accumulated vegetation, 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. This work commenced December 28, 2016
and is anticipated to take three weeks to complete.
Fiscal Analysis
City staff directed Pulice Construction to perform the emergency work on a time and materials
basis. The construction cost estimate for the emergency work is $60,000. In addition to the
construction costs, additional costs for observation and monitoring as well as emergency
permitting fees with the regulatory agencies will be incurred. Public works had established an
account to track all costs and has moved $100,000 of contingency money into the account.
Next Steps
Upon adoption of the attached Resolution, staff will complete the processing of the construction
contract with Pulice Construction for the emergency work. Upon completion of the construction
contract work, staff will file a Notice of Completion. Staff will complete applications with
regulatory agencies necessary to document the emergency work completed.
Environmental Evaluation (CEQA)
Emergency projects are statutorily exempt from California Environmental Quality Act (CEQA)
pursuant to CEQA Guidelines Section 15269. The City Planner will file a Notice of Exemption with
the San Diego County Clerk.
Public Notification
None required.
Exhibits
1. Resolution confirming the City Manager's Declaration of a Local Emergency on the west side
of Batiquitos Drive, 0.25 miles south of Poinsettia Lane, pursuant to Public Contract Code
22050 and Carlsbad Municipal Code Section 3.28.120 and receiving a report regarding
Emergency Coastal Development Permit 2016-0009.
2. Emergency Coastal Development Permit 2016-0009.
Item #7 January 10, 2017 Page 2 of 6
RESOLUTION NO. 2017-006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, CONFIRMING THE CITY MANAGER'S DECLARATION OF A
LOCAL EMERGENCY ON THE WEST SIDE OF BATIQUITOS DRIVE, 0.25
MILES SOUTH OF POINSETTIA LANE, PURSUANT TO PUBLIC CONTRACT
CODE 22050 AND CARLSBAD MUNICIPAL CODE SECTION 3.28.120 AND
RECEIVING A REPORT REGARDING EMERGENCY COASTAL DEVELOPMENT
PERMIT 2016-0009
EXHIBIT 1
WHEREAS, during recent rain events in mid-late December 2016, large amounts of sediment
were observed in city right of way on Batiquitos Drive, creating issues with street flooding, large scale
cleanup of sediment and concern for the failure of the detention basin on the property; and
WHEREAS, Carlsbad Municipal Code 3.28.120 gives the city manager authority to declare a
public emergency "when repair or replacements are necessary to permit the continued conduct of the
operation or services of a public agency or to avoid danger to life or property"; subject to confirmation
by the city council at the next regularly scheduled meeting following the declaration of the emergency;
and
WHEREAS, on December 27, 2016, the City Manager signed the Declaration of Local Emergency,
attached to this Resolution as Attachment A; and
WHEREAS, on December 27, 2016 the City Planner issued Emergency Coastal Development
Permit 2016-0009; and
WHEREAS, under the Declaration of Local Emergency, the City Manager directed the Public
Works department to commence temporary emergency repairs; and
WHEREAS, the Public Works department hired a contractor to perform temporary emergency
repairs; and
WHEREAS, the Public Works department will work with the property owner to determine and
implement a permanent solution to withstand potential future large rain events.
Item #7 January 10, 2017 Page 3 of 6
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 associated with a basin on the west side of Batiquitos Drive,
approximately 0.25 miles south of Poinsettia Lane, causing erosion around the spillway
of the basin and a discharge of sediment to Batiquitos Drive during rain events; 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: I q2 7
Kevin Crawford, City Manager
City of Carlsbad, California
By:
Item #7 January 10, 2017 Page 5 of 6
-tiv. 14. (bit49-trvviSt9
EMERGENCY COASTAL DEVELOPMENT PERMIT
NOTICE OF DECISION
VIL—I ti
Exhibit 2
4A512'
City of
Carlsbad
December 27, 2016
John Maashoff
Public Works Manager
Department of Public Work
405 Oak Avenue
City of Carlsbad
Carlsbad, CA 92008
RE: COP 2016-0009 — BATIQUITOS STORM DRAIN BASIN REPAIR — EMERGENCY PERMIT
The City Planner has completed a review of the application for an Emergency Coastal Development
Permit to remove and replace the concrete spillway of the failed basin; remove accumulated vegetation,
sediment and debris from around the spillway to a depth of approximately four feet below existing
grade; haul off and dispose of unsuitable excavated material; place and compact material to fill the
eroded portions of the basin under and adjacent to the existing concrete spillway.
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. Public comment on the proposed emergency action has not occurred because time did not allow;
and
3. The work proposed will be consistent with the requirements of the certified land use plan.
Conditions:
1. The Emergency Coastal Development Permit is granted subject to completion of the emergency
repair work within 30 days.
2. Submit a formal application for a regular Coastal Development Permit to the City of Carlsbad within
30 days of this letter for the repair work completed on the concrete spillway and detention basin
and for any follow up permanent repair work for the project.
CITY OF CARLSBAD
hil elm 7,L CED
DON NEU, AICP
City Planner
DN:PD:fn
Attachments
c: Elaine Lukey, Acting Public Works Director
David de Cordova, Principal Planner
Scott Donnell, Senior Planner
File Copy
Data En
Community
tty
& Economic Development
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f www.carlsbadca.gov Item #7 January 10, 2017 Page 6 of 6
Elaine Lukey, Acting Public Works Director
Don Neu, City Planner
Jan. 10, 2017
Batiquitos Drive Detention Basin
Declaration of Local Emergency
Agenda Item #7
Site Location
Site Conditions
•Small sediment amounts -2015 rain events
•Initiated contact with property owner
•Preventative BMPs implemented and monitored
•Mid-late December rain events caused flooding, cleanup, concern
for structure failure
Declaration of Emergency
•City Manager declared a local emergency on Dec. 27, 2016
•Carlsbad Municipal Code 3.28.120 Emergencies
•Authority of City Manager: Declares a public emergency subject
to confirmation by city council
•Authority of City Council: Confirms public emergency by four-
fifths vote at next regular meeting following declaration
Emergency Coastal Development Permit
•CMC Section 21.201.190 authorizes the City Planner to issue an
Emergency CDP under certain conditions
•Emergency CDP #2016-0009 issued on Dec. 27, 2016
•Required to report to the City Council and Coastal Commission
•Upon the request of one-third of the Council the permit shall not
become effective
•A regular CDP is required to be submitted within 30 days
Work Includes
•Removing and replacing the concrete spillway
•Removing accumulated vegetation, sediment and debris adjacent
to spillway
•Placement and compaction of material to fill eroded portions of
basin, under and adjacent to the spillway
•Work commenced Dec. 28 and is anticipated to take 3 weeks to
complete, depending on further rain events and site changes
Fiscal Analysis
•Emergency work is performed on a time and materials basis
•Estimated costs are approximately $60,000
•Separate account established to track all costs
•$100,000 of PW contingency moved to designated account
Current status –Jan. 5, 2017
Next Steps
•Researching basin maintenance responsibilities
•Monitoring current short-term actions
•Televising underground pipes
•Assessing other conditions
•Follow-up with a regular Coastal Development Permit
•Provide updates
Questions