HomeMy WebLinkAbout2021-01-26; City Council; ; Ratification of a Declaration of Local Emergency for Remediation of a Hillside on the Northeast Side of the 4600 block of Park Drive that was Scarred by the Jan. 20, 2021 Meeting Date: Jan. 26, 2021
To: Mayor and City Council
From: Paz Gomez, Deputy City Manager
Staff Contact: Tom Frank, Public Works Manager
tom.frank@carlsbadca.gov, 760-602-2766
Michael O’Brien, Public Works Superintendent
michael.obrien@carlsbadca.gov, 760-421-9158
Subject: Ratification of a Declaration of Local Emergency for Remediation of a
Hillside on the Northeast Side of the 4600 block of Park Drive that was
Scarred by the Jan. 20, 2021, brushfire
District: 1
Recommended Action
Adopt a Resolution ratifying the City Manager’s declaration of a local emergency for
remediation of a hillside scarred by the Jan. 20, 2021 fire incident that occurred on the
northeast side of the 4600 block of Park Drive.
Executive Summary /Discussion
A brushfire broke out on Park Drive in Carlsbad about 2 p.m. Jan. 20, 2021. Firefighters battled
the fire for nearly seven hours and the flames scorched over two acres of private property.
Under Chapter 6.04 of the Carlsbad Municipal Code, the city manager is empowered to declare
a local emergency when conditions exist that present extreme peril to the safety of persons or
property within the city and such conditions are beyond the control of services, personnel,
equipment and facilities of the city and require the combined forces of other political
subdivisions. On Jan. 21, 2021, the day after the fire, the city manager signed a declaration of a
local emergency for remediation of the hillside (Exhibit 2) because of the potential risk to health
and safety to people and property, specially the risk of erosion, since rain is in the immediate
forecast. This declaration allows staff to secure sources outside the city to perform work to
mitigate damage from the brushfire.
Furthermore, Carlsbad Municipal Code Section 3.28.120 authorizes the city to secure necessary
equipment, services and supplies without giving public notice to bid. CMC sections 3.28.080(B)
and 3.28.080(H) implement California Public Contract Code Section 22032 and allow for
construction projects less than $200,000 to be awarded by the city manager using informal
bidding procedures. CMC Section 3.28.110(A) implements Public Contract Code Section 22035,
which exempts the city from following these competitive bidding requirements for emergency
construction procurements.
Jan. 26, 2021 Item #3 Page 1 of 7
Staff have determined that contract services are required to mitigate the local emergency and
have engaged a local company, The Land Stewards, to provide the required erosion control
services. The declaration of emergency must be ratified by the City Council within seven days to
have further force and effect.
Portions of the hillside eroded under the weight of the water used to contain the fire. The total
area burned was approximately two acres of brush. By the time all fire suppression efforts were
completed, the sidewalk, parking lane and bike lane located below the hillside were covered
with heavy amounts of sediment and debris. On Jan. 21, 2021, Public Works staff removed all
sediment and debris in the public right of way and inspected the burned area. Staff determined
that hillside mitigation efforts were required to address potential impacts from the forecasted
rainstorms.
As part of the post-fire inspection, staff completed a field review of the burned area’s storm
drain system. Prior to the fire, the area was heavily vegetated and the quantity and
characteristics of the rainfall runoff corresponded to the vegetated conditions. After the fire,
the vegetation is essentially gone, so enhancements and improvements are warranted to
protect against the changed conditions. The work that typically needs to be done in response to
a such a hillside brushfire may include installation of gravel bags, jute matting, silt fencing,
tubes of straw known as waddles and hydro-mulching with a bonding fiber matrix. In this case,
knowing that rain was in the forecast for coming days, staff installed gravel bags at the bottom
of the slope and check dams to protect storm drain inlets on Jan. 21, 2021. Additional necessary
work includes spraying bonding fiber matrix over as much of the burned area that can be
reached from the road. This work will help reduce the threat of further soil erosion and likely
minimize impact on storm drain structures. It will also provide protection against a change in
the quality of the runoff water.
At least two parcels were impacted by the Park Drive fire. The City Attorney’s office drafted a
temporary right of entry agreement for the impacted parcels. The temporary right of entry
agreement would provide authorization from each homeowner allowing staff or the city’s
designated contractor to perform the anticipated hillside mitigation work. The expenditure of
public funds to enhance and improve the parcels provides a public benefit by helping to
preserve the integrity of the entire stormwater system, considering the new site conditions. No
work will be commenced on private property until the owner executes a release of liability to
the city to the satisfaction of the city attorney.
Staff determined hydro-mulching the charred area with a bonded fiber matrix along with
installation of burlap rock bags at the base of the slope to be the best response given the short
timeline before the imminent rain. The Land Stewards, a contractor previously used by the city
for this purpose, provided a quote to install hydro-mulch on the slope. On Jan. 21, 2021, this
work was estimated to cost approximately $11,000. There may be additional unforeseen costs
and contract needs which could be approved by the City Manager in an amount not to exceed
an additional $10,000.
Staff are proposing to ratify a contract with the Land Stewards for the hydro-mulch installation
on a lump sum basis using 100% biodegradable Rainier Fiber product. The contractor was
chosen based on its qualifications, specialty equipment, high recommendations from staff for
Jan. 26, 2021 Item #3 Page 2 of 7
performance on similar projects and prompt availability. One additional quote was received
from a second vendor in the amount of $13,500.
Staff recommends that the City Council ratify the city manager’s declaration of local emergency
dated Jan. 21, 2021, to allow for the exemption from the city’s informal bidding procedures,
which will facilitate the emergency hillside mitigation process.
Fiscal Analysis
All project costs shall be funded by the Streets and Storm Drain operating budgets, where funds
are available. The cost of the 350 burlap rock bags used at the base of the slope cost
approximately $700 but are reusable once the mitigation is complete. Potential additional costs
such as fire cut jute-matting installation are also included:
Park Drive Hillside Mitigation - 0018410 and 5216310
Contractor Services: The Land Stewards – Hydro-mulching $11,000
Burlap rock bags $700
Jute-matting installation $600
Total Estimated Costs as of Jan. 21, 2021 $12,300
Next Steps
Staff will prepare an emergency contract to be ratified by Jan. 25, 2021. A notice of completion
will be issued to the contractor after the final inspection. The construction work is expected to
be started and completed on Jan. 22, 2021.
Staff will return to City Council on Feb. 9, 2021 to review the emergency action and determine
by a four-fifths vote whether there is a need to continue it.
Staff may return to the City Council in the near future to request a budget adjustment to
reimburse the FY 2021-22 Streets and Storm Drain operating budget.
Staff will continue to monitor the Park Drive slope for indications of slope instability and report
to the City Council if additional actions are necessary.
Environmental Evaluation (CEQA)
This action is exempt from the California Environmental Quality Act under Section 15304, Minor
Alteration to Land, of the CEQA Guidelines.
Public Notification
Public notice of this item was posted in keeping with the Ralph M. Brown Act and it was
available for public viewing and review at least 72 hours before the scheduled meeting date.
Exhibits
1. City Council Resolution
2. City manager’s declaration of local emergency dated Jan. 21, 2021
3. Location map
Jan. 26, 2021 Item #3 Page 3 of 7
RESOLUTION NO. 2021-034
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, RATIFYING THE CITY MANAGER'S DECLARATION OF LOCAL
EMERGENCY FOR REMEDIATION OF A HILLSIDE SCARRED BY THE JAN. 20,
2021 BRUSHFIRE INCIDENT THAT OCCURRED ON THE NORTHEAST SIDE OF
THE 4600 BLOCK OF PARK DRIVE
WHEREAS, the City Council empowers the City Manager to proclaim the existence of a local
emergency when conditions of extreme peril to the safety of persons and property have arisen within
the City of Carlsbad; and
WHEREAS, on Jan. 20, 2021, a brush fire occurred on a hillside adjacent to the 4600 block of
Park Drive resulting in approximately two acres of hillside in need of immediate erosion mitigation; and
WHEREAS, the necessary construction and erosion mitigation measures were beyond the control of
services, personnel, equipment, and facilities of the city and therefore required enlisting the
services of a contractor previously used by the city for similar erosion mitigation measures; and
WHEREAS, the City Manager declared a local emergency on Jan. 21, 2021; and
WHEREAS, Carlsbad Municipal Code (CMC) Section 3.28.120 authorizes the city to secure
necessary equipment, services and supplies without giving public notice to bidders; and
WHEREAS, CMC Sections 3.28.080(B) and 3.28.080(H) implement Public Contract Code Section
22032 and allow for construction projects less than $200,000 to be awarded by the City Manager using
informal bidding procedures; and
WHEREAS, CMC Section 3.28.110(A) implements Public Contract Code Section 22035 and
exempts the city from following these informal bidding procedures for emergency construction
procurements; and
WHEREAS, the construction of erosion mitigation measures and other improvements to public
storm drain structures and private property near public storm drain structures within the burned area
will help reduce the threat of further damage to the storm drain system and soil erosion throughout
the area damaged by the fire which, in turn, will provide protection against a change in the quality of
the runoff water and help preserve the integrity of the burned area as it relates to the regrowth of the
native habitat in the burn area; and
WHEREAS, the city planner has determined that the Project is exempt from the California
Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15304 — Minor Alteration to Land;
and
Jan. 26, 2021 Item #3 Page 4 of 7
WHEREAS, staff requests that the City Council ratify the City Manager's Declaration of Local
Emergency dated Jan. 21, 2021, for remediation of a hillside scarred by the Jan. 20, 2021 brushfire
incident that occurred on the northeast side of the 4600 block of Park Drive.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Carlsbad, California, as follows:
1.That the above recitations are true and correct.
2.That the City Manager's Declaration of a Local Emergency dated Jan. 21, 2021 for hillside
mitigation is ratified.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 26th day of January 2021, by the following vote, to wit:
AYES: Hall, Blackburn, Acosta, Bhat-Patel, Schumacher.
NAYS: None.
ABSENT: None.
ofray-zei
MATT HALL, MAYOR
6c2/
're BARBARA ENGLESON, SECRETARY Dewy* ci
(SEAL)
Jan. 26, 2021 Item #3 Page 5 of 7
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:
1. That conditions of extreme peril to the safety of persons and property have
arisen within the City of Carlsbad caused by a fire near Agua Hedionda Lagoon lrnown as
the "Park Fire" that caused damage to a slope and to city stormwater conveyances; and
2. That these conditions created an unexpected occurrence that poses a clear
and imminent danger and requires 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
3. 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 because:
a. Rain is forecast for Saturday (January 23, 2021) and the following week in
the City of Carlsbad.
b. Without the repair and installation of "BMPs" on the burned slope, large
amounts of sediment will likely enter and otherwise endanger the city's
storm water conveyance system.
c. The area burned by the ParkFire is located across the street from property
adjacent to the Agua Hedionda Lagoon, which is protected by the Clean
Water Act.
NOW, THEREFORE, IT IS HEREBY PROCLAIMED that, subject to ratification
by the City Council at its next regular meeting, a local emergency now exists in the area
burned by the Park Fire in the City of Carlsbad, C · ·nia and city staff may proceed at
once to obtain the necessary equipment, services, nd s pp lies to stabilize and repair the
burned slope without giving notice for bids to let ontr cts.
Dated: -Z.\~2\
Scott Chadwick, City Manager
City of Carlsbad, California
Jan. 26, 2021 Item #3 Page 6 of 7
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PLOTTED BY: Andy Chang PLOT DATE: 1/22/2021 PATH: J:\AC_Customers\Michael_Obrien\Location_Map\ParkDr_Exhibit3.mxd
PROJECT NAME EXHIBITPROJECT
NUMBER 3EMERGENCY DECLARATION
PARK DR. HILLSIDE MITIGATION
LOCATION MAP
CARLSBAD
VISTA
ENCINITAS
OCEANSIDE
SAN MARCOS
EXHIBIT 3
SITE
Jan. 26, 2021 Item #3 Page 7 of 7
Ratification of a Declaration of Local
Emergency for Remediation of a Hillside on the
Northeast Side of the 4600 block of Park Drive
that was scarred by the Jan. 20, 2021, brushfire
Paz Gomez
Deputy City Manager, Public Works
Jan. 26, 2021
1
Recommendation
•Adopt a resolution ratifying a declaration of
local emergency for remediation of a hillside
scarred by the Jan. 20, 2021 fire incident that
occurred on the northeast side of the 4600
block of Park Drive
2
Fire Incident
•A brushfire occurred around 2 p.m. on Jan. 20,
2021
•4600 block of Park Drive
•Firefighters battled for nearly seven hours
•Scorched two acres of private property
3
Declaration of Local Emergency
•Per Carlsbad Municipal Code Chapter 6.04, City
Manager is authorized to declare a local emergency
when conditions exist that present extreme peril to
the safety of persons or property within the city
•Such conditions are beyond the control of services, personnel, equipment and facilities of the city and require the combined forces of other political subdivisions
4
Declaration of Local Emergency
•City Manager signed on Jan. 21, 2021
•Remediation of hillside
•Risk of erosion due to rain in the immediate
forecast
•Allowed staff to secure sources outside the city to
perform work to mitigate damage from brushfire
5
Carlsbad Municipal Code
•Section 3.28.120 authorizes the city to secure necessary equipment, services and supplies
without giving public notice to bid
•Sections 3.28.080(B) and 3.28.080(H) allow for the City Manager to award construction contracts less than $200,000 using informal
bidding procedures
6
Remediation
•Staff engaged The Land Stewards to provide the required erosion control services
•Hydro-mulch charred area with a bonded
fiber matrix
•Estimated cost $11,000
•Work started and completed on Jan. 22, 2021
7
Ratification
•Declaration of Local Emergency must be ratified by City Council within seven days to have further force and effect
•Next Steps
–Monitor and report
–Return on Feb. 9 if needed to determine
whether to continue
8
Recommendation
•Adopt a resolution ratifying a declaration of
local emergency for remediation of a hillside
scarred by the Jan. 20, 2021 fire incident that
occurred on the northeast side of the 4600
block of Park Drive
9
Thank you
10