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Home My WebLink About2021-02-09; City Council; ; Ending the Jan. 21, 2021 Declaration of Local Emergency for Remediation of a Hillside on the Northeast Side of the 4600 block of Park Drive Scarred by the Jan. 20, 2021 BMeeting Date: Feb. 9, 2021 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Tom Frank, Transportation Director tom.frank@carlsbadca.gov, 760-602-2766 Michael O’Brien, Public Works Superintendent michael.obrien@carlsbadca.gov, 760-421-9158 Subject Ending the Jan. 21, 2021 Declaration of Local Emergency for Remediation of a Hillside on the Northeast Side of the 4600 block of Park Drive Scarred by the Jan. 20, 2021, Brushfire Recommended Action Adopt a resolution terminating the Declaration of Local Emergency that was issued on Jan. 21, 2021, and ratified by the City Council on Jan. 26, 2021. Executive Summary On Jan. 21, 2021, the City Manager declared a local emergency in response to the Jan. 20, 2021 hillside brushfire at the 4600 block of Park Drive in Carlsbad (Exhibit 2). Staff responded by coordinating contracted work with the environmental group, The Land Stewards, to stabilize the area impacted by the fire. With heavy rains in the forecast for Jan. 22, 2021, the contractor worked late into the evening to apply hydro-mulch with bonding fiber matrix to the slope to prevent erosion of the exposed soil. The hillside was nearly covered with hydro-mulch, burlap gravel bags were installed at the base of the hill, burned and leaning palm trees adjacent to the roadway were removed, and the hillside brow ditches were cleared. With the post-fire hillside mitigation work complete and the response effort tested successfully through the recent rains, staff recommends the City Council terminate the Jan. 21, 2021, Declaration of Local Emergency. Discussion A brushfire broke out on Park Drive in Carlsbad about 2 p.m. on 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 governmental agencies. On Jan. 21, 2021, the day after the fire, the city manager signed a declaration of a local emergency for remediation of the hillside because of the potential risk to health and safety to people and property, specifically the risk of erosion, since rain was in the immediate forecast. Feb. 9, 2021 Item #3 Page 1 of 12 This declaration allowed staff to secure sources outside the city to perform work to mitigate the damage from the brushfire. CMC Section 3.28.120 also authorizes the city to secure necessary equipment, services and supplies without giving public notice to potential bidders. 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 competitive bidding requirements for emergency construction procurements. Staff determined that contract services were required to mitigate potential damage from the local emergency and engaged a local company, The Land Stewards, to provide the required erosion control services. Portions of the hillside eroded under the weight of the water used to contain the fire, which burned about 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. Public Works staff removed all sediment and debris in the public right of way and inspected the burned area the day after the fire. Staff determined that mitigation was needed immediately to try to prevent additional impacts from the forecasted rainstorm. After the fire, the vegetation was essentially gone, so enhancements and improvements were warranted to protect against the changed conditions. The completed work helped reduce further soil erosion and minimized impact on storm drain structures. It also provided protection against a change in the quality of the runoff water. The temporary right of entry agreement provided authorization from homeowners 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 provided a public benefit by helping to preserve the integrity of the entire stormwater system, considering the new site conditions. No work commenced on private property until the owner signed the release of liability to the city to the satisfaction of the city attorney. Multiple Mexican fan palm trees burned during the fire were identified as potential hazards as they were within the area targeted for erosion mitigation. Staff, in conjunction with the property owners, determined the trees posed a potential danger. The tree trunks were removed by a Parks & Recreation Department contractor, The Land Service, on Jan. 26, 2021, leaving the root system. As anticipated, rain followed shortly after the erosion mitigation efforts were completed. Staff routinely checked on the Park Drive site during and immediately after the rainstorms and found no signs of further erosion indicators. The hydro-mulch remained in place, and staff determined no further emergency hillside mitigation action was required. Exhibit 3 shows pictures of mitigation efforts. Exhibit 4 is a location map. Fiscal Analysis All project costs were funded by the Streets and Storm Drain operating budgets, from which funds were available. The cost of the 350 burlap rock bags used at the base of the slope was Feb. 9, 2021 Item #3 Page 2 of 12 $700. As staff were not able to install the jute-matting with in-house efforts, The Land Stewards performed the work for $1,215. Additionally, tree removal costs totaled $4,620. The chart below shows the total cost of responding to the emergency declaration: Park Drive Hillside mitigation Contractor Services: The Land Stewards – Hydro-mulching $10,706 Burlap rock bags $700 Contractor Services: The Land Stewards – Jute-matting installation $1,215 Contractor Services: The Land Service – Tree removal services $4,620 Total costs as of Jan. 26, 2021 $17,241 Next Steps Staff will continue to inspect the site during and after any future rain events and respond appropriately. Environmental Evaluation (CEQA) The project is exempt from the California Environmental Quality Act under CEQA Guidelines Section 15269 - Emergency Projects, which allows emergency repairs to publicly or privately- owned service facilities necessary to maintain service essential to the public health, safety or welfare. Public Notification Public notice of this item was posted in accordance with the Ralph M. Brown Act and it was available for public viewing and review at least 72 hours prior to the scheduled meeting date. Exhibits 1.City Council Resolution 2.Declaration of Local Emergency dated Jan. 21, 2021 3. Post-event pictures 4.Location map Feb. 9, 2021 Item #3 Page 3 of 12 RESOLUTION NO. 2021-040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA TERMINATING THE DECLARATION OF LOCAL EMERGENCY THAT WAS ISSUED ON JAN. 21, 2021, AND RATIFIED BY CITY COUNCIL ON JAN. 26, 2021 RELATED TO THE BRUSHF1RE 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, on Jan. 21, 2021, the City Manager declared a local emergency in response to the brushfire; and WHEREAS, on Jan. 26, 2021, the City Council ratified the emergency declaration; and WHEREAS, state law requires the City Council review the need for continuing the state of local emergency every 14 days pursuant to Public Contract Code section 22050(0(1) and the Council shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant; and WHEREAS, the necessary construction and erosion mitigation measures were completed, and staff determined no further emergency hillside mitigation action was required; and WHEREAS, the Council has received the necessary information in order to evaluate the continuing need for a local state of emergency; and WHEREAS, the City of Carlsbad has requested recovery assistance from the California Governor's Office of Emergency Services under the California Disaster Assistance Act for costs incurred in responding to the brush fire; and WHEREAS, the city planner has determined that the Project is exempt from the California Environmental Quality Act under CEQA Guidelines Section 15269 - Emergency Projects, which allows emergency repairs to publicly or privately-owned service facilities necessary to maintain service essential to the public health, safety or welfare; and WHEREAS, staff recommends termination of the Declaration of Local Emergency. Feb. 9, 2021 Item #3 Page 4 of 12 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 Council adopt this Resolution terminating the declaration of Local Emergency, issued on Jan. 21, 2021, according to state law. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 9th day of February, 2021, by the following vote, to wit: AYES: Hall, Blackburn, Acosta, Bhat-Patel, Schumacher. NAYS: None. ABSENT: None. MATT HALL, MAYOR --1?0,R1-Y1 f0P- BARBARA ENGLESON, SECRETARY (SEAL) Feb. 9, 2021 Item #3 Page 5 of 12 Feb. 9, 2021 Item #3 Page 6 of 12 Gravel bags installed at toe of slope. EXHIBIT 3 Feb. 9, 2021 Item #3 Page 7 of 12 Bonded fiber matrix sprayed onto exposed slopes, and trees removed. Feb. 9, 2021 Item #3 Page 8 of 12 Jute-matting installed on fire break. Bonded fiber matrix sprayed onto exposed slopes. Feb. 9, 2021 Item #3 Page 9 of 12 Feb. 9, 2021 Item #3 Page 10 of 12 Gravel bag check dams installed in gutter line, at regular intervals, to storm drain inlet Feb. 9, 2021 Item #3 Page 11 of 12 C BABA B CBAC BA B A 3 1 6 2 75498 DB C DDCA ABC BAC BABAA ACB BA 9 4 8 62 756 4321 9 5 431 14131210 1514 10 21 20 16 15 13 102101 102101 !4541 !4517!4519 !4619 !4650 !4555 !4565 !4570 !4545 !4555 !4565 !4575 !4585 !4586 !4566 !4546 !4730 !4645 !4671 !4681 !4683 !4527 !4627 !4525 !4637 !4615 !4623 !4633 !4665 PA R K D R 1 8 9 1 3 5 C B D COVEDR189320CBDSUNNYHI LLDR19292 5 CBD AB CA BBA B3 7 51 2 11 13 1211 14 1210 !4535!4537!4539 !4625 !4647 !4653 !4659 !4677 !4531 !4529 !4629 !4533 !4705 !4617 !4621 !4631 !4667 PLOTTED BY: Andy Chang PLOT DATE: 1/22/2021 PATH: J:\AC_Customers\Michael_Obrien\Location_Map\ParkDr_Exhibit3.mxd PROJECT NAME EXHIBITPROJECT NUMBER 4EMERGENCY DECLARATION PARK DR. HILLSIDE MITIGATION LOCATION MAP CARLSBAD VISTA ENCINITAS OCEANSIDE SAN MARCOS EXHIBIT 4 SITE Feb. 9, 2021 Item #3 Page 12 of 12 Ending the Jan 21, 2021 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 Michael O’Brien, Public Works Superintendent Tom Frank, Transportation Director Feb. 9, 2021 1 Recommendation •Adopt a resolution terminating the declaration of local emergency that was issued on Jan. 21, 2021, and ratified by the City Council on Jan. 26, 2021 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 Ratification •Declaration of Local Emergency must be ratified by City Council within seven days to have further force and effect •City Council ratified on Jan. 26, 2021 7 Remediation •Staff engaged The Land Stewards to provide the required erosion control services –Hydro-mulch charred area with a bonded fiber matrix –Estimated cost $10,706 –Work started and completed on Jan. 22, 2021 •Jute-matting installation –cost $1,215 8 Remediation •Staff engaged West Coast Arborist to provide tree removal services –cost $4,620 •Total costs of remediation as of Jan. 26, 2021 – $17,241 9 Results •Staff checked during and immediately after rainstorms and found no signs of further erosion indicators –Remediation measures stayed in place •Staff determined no further mitigation action required 10 Recommendation •Adopt a resolution terminating the declaration of local emergency that was issued on Jan. 21, 2021, and ratified by the City Council on Jan. 26, 2021 11 Thank you 12