HomeMy WebLinkAbout2023-06-06; City Council; ; Continuation of the Declaration of a Storm-Related Local Emergency for Repair of a Sinkhole on Haymar DriveCITY COUNCIL
Staff Report
Meeting Date:
To:
From:
Staff Contact:
June 6, 2023
Mayor and City Council
Scott Chadwick, City Manager
Tom Frank, Transportation Director/City Engineer
tom.frank@carlsbadca.gov, 442-339-2766
Vicki Quiram, Utilities Director
vicki.quiram@carlsbadca.gov, 442-339-2307
CA Review CKM
Subject: Continuation of the Declaration of a Storm-Related Local Emergency for
Repair of a Sinkhole on Haymar Drive
Districts: All
Recommended Action
Adopt a resolution continuing the declaration of a storm-related local emergency for repair of a
sinkhole in the area of Haymar Drive.
Executive Summary
The City Manager declared a storm-related local emergency on March 24, 2023, to make
immediate repair of a sinkhole that was discovered six days earlier on Haymar Drive west of El
Saito Falls Street, as shown in Exhibit 3. This sinkhole, which exposed a major sewage pipe, had
the potential to cause a sewage spill into the Buena Vista Creek and Buena Vista Lagoon, and
the emergency declaration allowed the project to be exempted from the city's normal bidding
procedures so the necessary repairs could be completed as swiftly as possible.
The City Council confirmed the City Manager's declaration of a local emergency on April 4,
2023, and continued it on April 11, 2023, April 18, 2023, May 9, 2023, May 16, 2023, and
May 23, 2023. The staff reports from those meetings are provided as Exhibits 5 to 10. Staff are
now recommending the City Council continue the state of emergency to expedite the final
phase of repairs: completing repairs to the entire segment of the pipeline in the city right-of-
way and installing a new drainage structure.
Public Contract Code Section 22050(c)(1) requires the City Council to review the emergency
action at every subsequent City Council meeting to determine, by a four-fifths vote, whether
there is a need to continue the emergency action.
Explanation & Analysis
The sinkhole was reported to the city on March 18, 2023 . Staff determined the sinkhole was
likely caused by a failed storm drain pipe carrying runoff water across Haymar Drive and that
June 6, 2023 Item #2 Page 1 of 21
the damage from the sinkhole endangered the Vista-Carlsbad Sewer Interceptor pipeline, which
is above the failed storm drain.
This sewage line is a 36-inch diameter iron pipe that carries 4.8 million gallons of wastewater
per day to the Encina Wastewater Authority's Treatment Plant in Carlsbad, with a peak wet
weather flow of 14.7 million gallons per day. A break in this pipe would have likely resulted in
wastewater draining into the Buena Vista Creek, which is only 700 feet away, and the Buena
Vista Lagoon, 2.4 miles away.
The California Department of Transportation informed the city that it relinquished the right-of-
way at the sinkhole site to the city in 1967 and has no plans to repair the culvert segment
located outside of its right-of-way. Exhibit 4 shows the location of the sinkhole, storm drain
pipe and the interceptor pipeline.
City staff swiftly hired a contractor to carry out the emergency repairs needed to prevent a
possible sewer leak, and in consideration of an expected rainstorm. Details on the city's
response are in Exhibit 5, the April 4 staff report on the declaration of a local emergency. This
report also details how the contractor was selected to carry out the repairs.
The contractor completed the initial work to secure the interceptor pipeline, repair the storm
drain pipe and repave the roadway on March 29, 2023. The remaining work consists of relining
the inside of the pipe using a cured-in-place technique, as described in Exhibit 5. Caltrans
authorized the use of its newly constructed drainage structure in its right-of-way on May 22,
2023, which precluded the need to construct a new structure at the asserted boundary between
the city and Caltrans's rights-of-way. The additional work is anticipated to be completed by
mid-June.
The continuation of a declaration of a public emergency and the need for an emergency
exemption from the formal bidding requirements in Carlsbad Municipal Code Chapter 3.28 -
Purchasing are appropriate in this instance because:
• Caltrans relinquished the right-of-way at the sinkhole site to the city in 1967 and has no
plans to repair the culvert segment located outside of its right-of-way.
• The sinkhole appears to be caused by a failed culvert located in the city right-of-way,
which threatened to undermine a critical sewer pipeline.
• Immediate repairs were needed to stabilize the sinkhole site and repair the failed storm
drain line to prevent the potential spillage of almost five million gallons per day of
untreated wastewater into the Buena Vista Creek and Buena Vista Lagoon.
June 6, 2023 Item #2 Page 2 of 21
Fiscal Analysis
No additional appropriations are needed at this time. Funding for the estimated $280,000
repair project will come from the fiscal year 2022-23 operating budget -Storm Drain System
Rehabilitation and Repair Program.
Haymar Drive emergency sinkhole repair
Repair contract -DB Pipeline, Inc. $200,000
Design and administrative costs {5%) $10,000
Construction management and inspection (estimated) $20,000
Construction contingency {25%) $50,000
Total estimated project costs $280,000
Options
Staff recommend the City Council continue the declaration of a local emergency to complete
the repair of the sinkhole in the area of Haymar Drive as swiftly as possible and prevent a
potential sewage spill. Not continuing the declaration would likely result in delays and
potentially more costs, with greater risk to the city and no benefits. A four-fifths vote of the City
Council is required to continue the emergency declaration.
Next Steps
Staff have begun preparing the emergency contract, which will be presented for ratification to
the City Council at a future date. The next phase of work to complete repairs to the entire
segment of the pipeline in the city right-of-way is expected to be completed by mid-June.
If the work is completed as planned, staff will return to the City Council on June 13, 2023, to
review the emergency action and ask the City Council to determine by a four~fifths
vote whether to continue the emergency declaration.
Environmental Evaluation
The project has been determined to be exempt from the California Environmental Quality Act
under CEQA Guidelines Section 15269, which applies to actions necessary to mitigate an
emergency and to repair public service facilities necessary to maintain services essential to
public health and welfare.
Exhibits
1. City Council resolution
2. City Manager Declaration of Local Emergency dated March 24, 2023
3. Location map
4. Site map
5. April 4. 2023. City Council staff report (on file in the Office of the City Clerk)
6. April 11, 2023, City Council staff report (on file in the Office of the City Clerk)
7. April 18, 2023, City Council staff report (on file in the Office of the City Clerk)
8. May 9, 2023, City Council staff report (on file in the Office of the City Clerk)
9. May 16, 2023, City Council staff report (on file in the Office of the City Clerk)
10. May 23. 2023. City Council staff report (on file in the Office of the City Clerk)
June 6, 2023 Item #2 Page 3 of 21
RESOLUTION NO. 2023-144
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, CONTINUING THE DECLARATION OF A STORM-RELATED LOCAL
EMERGENCY FOR REPAIR OF A SINKHOLE IN THE AREA OF HAYMAR DRIVE
WHEREAS, California Public Contract Code Section 22050 and Carlsbad Municipal Code Sections
3.28.110(A) and 3.28.120 exempt emergency procurements for construction, goods, and services from
formal competitive bidding requirements; and
WHEREAS, on March 24, 2023, the City Manager declared a storm-related local emergency for
repair of a sinkhole located in the area of Haymar Drive west of El Saito Falls Street; and
WHEREAS, on April 4, 2023, the City Council confirmed the declaration of a local emergency
with Resolution No. 2023-101; and
WHEREAS, on April 11, 2023, April 18, 2023, May 9, 2023, May 16, 2023, and May 23, 2023, the
City Council continued the declaration of a local emergency with Resolution Nos. 2023-107, 2023-116,
2023-121, 2023-129, and 2023-136, respectively; and
WHEREAS, Public Contract Code Section 22050(c)(1) requires the City Council to review the
emergency action at every subsequent City Council meeting to determine, by a four-fifths vote,
whether there is a need to continue the emergency action; and
WHEREAS, the continuation of a public emergency and the need for an emergency exemption
from formal competitive bidding requirements are appropriate because (1) Caltrans relinquished the
right-of-way at the sinkhole site to the city in 1967 and has no plans to repair the culvert segment
located outside of the Caltrans right-of-way, (2) the sinkhole appears to be caused by a failed culvert
located in the city right-of-way which threatened to undermine a critical sewer pipeline, and (3)
immediate repairs were needed to stabilize the sinkhole site and repair the failed storm drain line to
prevent the potential spillage of almost five million gallons per day of untreated wastewater into the
Buena Vista Creek and Buena Vista Lagoon; and
WHEREAS, the contractor working on the emergency repair anticipates completion of the repair
by mid-June; and
WHEREAS, staff will return to the City Council on June 13, 2023, to review the emergency action
and ask the City Council to determine by a four-fifths vote whether to terminate the emergency
declaration and to ratify the emergency contract; and
WHEREAS, the project has been determined to be exempt from the California Environmental
Quality Act under CEQA Guidelines Section 15269, which applies to actions necessary to mitigate an
emergency and to repair public service facilities necessary to maintain services essential to public
health and welfare; and
WHEREAS, the project is also exempt under CEQA Guidelines Section 15301(c), which applies
to the operation, repair and/or maintenance of existing utilities involving negligible or no expansion of
use.
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.
2. That the storm-related Declaration for a Local Emergency for repair of a sinkhole located
in the area of Haymar Drive is continued.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 6th day of June, 2023, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.
None.
None.
None.
KEITH BLACKBURN, Mayor
~ f._ , SHERRY FREISINGER, City Clerk U,_ (SEAL) , .
DocuSign Envelope ID: 57B10B4B-D3CC-4CDE-9ADA-802ACC558A67 Exhibit 2
City Hall
1200 Carlsbad Village Drive
Carlsbad, CA 92008
OF A SINKHOLE IN THE AREA OF HAYMAR DRIVE IN THE CITY OF CARLSBAD,
CALIFORNIA
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, California, caused by a sinkhole at Haymar Drive in
Carlsbad, California that has the potential to threaten the integrity of the Vista Carlsbad
Sewer Interceptor; and
That the sinkhole was an unexpected occurrence that poses a clear and imminent
danger, requiring immediate action to prevent or mitigate the loss or impairment of life,
health, property, or essential public services, and is or is likely to be beyond the control
of the services, personnel, equipment and facilities of the City of Carlsbad; and
That these conditions do not pennit 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 i.J.1 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, subject to confirn1ation
by the City Council at its next regular meeting, a local emergency now exists in the area
of the. Haymar Drive sn1kb.ole in the City of Carlsbad, Califqrnia, and city staff may
proceed at once to obtain the necessary equipment, services, and supplies to repair the
sinkhole without giving notice for bids to let contracts.
Dated: 3/24/2023 By:
June 6, 2023
Scott Chadwick, City Manager
City of Carlsbad, California
Item #2 Page 6 of 21
LOCATION MAP
PROJECT NAME
HAYMAR DRIVE SINKHOLE PROJECT
PROJECT
NUMBER
96001
Exhibit 3
EXHIBIT
3
Created By: SaJUf.l®tr, 2,00,{)023 J:\SaraJadhav_Customers\Scott Lyle\LocationMap\ProjectNo96001\LocationMap_96lt;e.mc#2 Page 7 of 21
SD-78
PM-2.87
3/18/2023
DISTRICT l l LAND SURVEYS
/
C: :::, Cl) a-.
N 0 N w
STATE OF CALIFORNIA
TRANSPORTATION AGENCY
DEPARTMENT OF PUBLIC WORKS
DIVISION OF HIGHWAYS
DISTRICT 11
APPROX IMATE RANCHC AQUA
PARCEL-1 SINKHOLE
PARCEL-2
FILE NO 185247
SCALE IN FHT IEDUCED
FILED AT THE REQUEST OF STATE OF CALIFORNIA, TRANSPORTATION
AGENCY , DEPARTMENT OF PUBLIC WORKS, D t VI 51 ON OF HIGHWAYS, TH I S 24th
DAY OF NOY , 1967. AT~E_M., CCUNTY
RECORDER, SAN D!EGO COUNTY, STATE OF CALIFORNIA.
A.S. GRAY, COUNTY RECORDER
av'---------------'--oEPurv
STATE HIGHWAY MAP NO.B...6.__
01ST. I co RTE 't
11 SD
CTC RESOLUTION RECORDED
F/P : 53001
DATE: 03-29-1968
OJSTRICT 11
RELINQUISHMENT MAP
STATE OF ClUFORNIA
TRANSPORTIT10N AG£NCr
OEPARTMrnT OF PUBLIC IIORKS
OtYISION OF HIGHWAYS
REL"OUISHHENT NO. --"15"-'0~9~1 __ ~
SHEET _l_ Of..!!___
AREA TO BE RELINQUISHED SHOIIN THUS k---·-=-:·-,.j
15091 1.TIF 21 JUN 00
'C
o F
PARCEL-1
A R L
S 8 'A· D
MAP No . .86_
OLE
IN LIMITS OF
QUISHMENT
EL-1
53001 flLU?AGE NC.~===,.. l{[CilR0E0 REQUEST ~¢
STATE DIV. OF HWYS. Passed by C.H.C.
MAit 29 I 59 Pit '&8
SERIES 9 8001\ 1968 OFFICIAL RECORDS SAIi DIEGO COUNTY, CALIF. A. S. GRAY,RECOROU
NO FEE
RELINQUISH.'IBNT OF HIGHWAY RIGHT OF WAY IN THE
CITY OF CARLSBAD, ROAD ll-SD-78-2.4-4.6
REQUEST NO. 15091
MAH 211953
h'HEREAS, by freeway agree."l!ent dated June 10,_ 1963,
between the City of Carlsbad and the State of California, and
by.City Council Resolution No. 1284, dated Julys. 1966, the City
agreed to accept title to a frontage road and a reconstructed city
street, upon relinquishment thereof to said City by the State of
California.: and
!-11:!EREAS, the State of California has acquired right of
way for and has constructed the above mentioned collateral facilities
in the City of Carlsbad between College Boulevard and .0.75 mile west
of College Boulevard, road ll-SD-78, in accordance with.said
agree~ent and resolution; and
WHEREAS, this Commission has found and determined, and
does hereby find and determine,. that it is desirable and in the
public interest that said collateral facilities be relinquished to
the City of Carlsbad for use as city streets:
NOW, THEREFORE, IT IS VOTED by the California Highway
Comm.ission that it relinquish, and it does hereby relinquish, to
the City of Carlsbad, effective upon the recordation of a certified
t
Junr fi 3931 Item #2 Page 11 of 21
' ' .:•.:..
··:.
'
copy hereof with . the Recorder of San Diego County, all of ·the State
of California's right, title and interest in and to said collateral
facilities in said City, together with the right of way and
appurtenances thereof, described as follows:
All those portions of State highway right of way, frontage
roads and reconstructed city streets, designated as Parcels 1 and 2
on those. certain relinquishment maps filed for record as State
Highway Map No. 86, sheets 1 through 4 inclusive, on November 24,
1967 (File No. 185247) in the office of the Recorder of San Diego
County.
EXCEP'l'ING and RESERVI!<G unto .the State of California
any and all rights of ingress to ·or egress from the highway hereby
relinquished, in and to the adjoining freeway, except at such
points as now are or may be est<lblished by resolution of this
Cor:1mission.
lHIS 15 TO CERTIFY Thal the foregoing is a lull and correcl
copy of the original resolulion duly pmed by the Cal~omia
Highway Commission al ifs meeting regularly called and held
0 the 21ST d of l!ARCH j96 S ~ ·--~ilY -------_,
WPS 6 2823
' SACRAl!ENTO i~fhe Cify o~J _____ _
26TH VARCH 8 Dated fhi1.._ ___ day •--~----196_
1ik:4L(~
ROIIRf T. M.U11N
.ASStSfANT SECRETARY OF THE
CALIFORNIA. HIGHWAY COMMISSION
Z' •Q
Item #2
i
P~ge 12 of 21
-
'..!~DEX ·of SHEETS
S:..eel fti J' :·::Tillt Sheil ,• "• '2 TyPCOICfO'ss Secl10!'15
r:m~r•~:~:Proll• .. ·
:" ~38743 t •Ughtlng'.F'1011Sand Details
;-·•·._:t~:j~~-.T::: Ploos ond OttaHs
•·_.-. 5~"¾ Colleiie Bou!ewrd Undertro$Sing Bridge No. 57-629
·•. i:-8~--Clv1iSecl!on1
\
STA1'E OF CALIFORNIA
TRANSPORTATION AGENCY
DEPARTMENT ()F PUBLIC WORKS
DIVi§,i_ON OF Hl~JIWAYS
►_LA~5:rf~fl!Ec·~H·~.~sG:'~-~J,~~-oN
: ?l•H il:!, · · · · . · .n ,,r,r,,""·1 '· .. · . "I,6,>San m~go Cinhity ..
in Oceanside, Cad§~~.~ a:nf Vi~ta near and at College Bolt~ev:ard
' , .·: S,i~·i~9ah:~::t!!i:~·;;1°:.■t:~r:~:;i:~i::!:~1:~~~~:1on ' . · · · \ · . No:"~~;;:;:;~;tlord,a . :
b}'r■sotutionofth1C1liforni,Hi11hw11Commlnio1> •.· Noulnbtr 13.1951 ~
' .•'· ,. -:'-Pj;~~~~
RANCHO A QUA
SCALE IN FEET
Length of Project= 2.2 miles . -' ;, -.
l. ~,,~,~~L~-~~
Date Completed~ Document No . ..lfu=,/tt'.,_
·;,_~-·-<>:>:..
"AS BUILT"
·CONJRAcr 040•,-q_ 4
YEAR coMPLETtD.!!:!!:.G.7
.:,,}ll fl:ZII-.C-.NIAl,.l'IIIIKT _.. ~
78 2.4/4.6 I· 62 . ~
am
•l 1"-~C-.M-.Pr.-18rlT"".'"T'"CT_. -,1 r--i-~ I
·''0·{·.·-· · ---:r; '.-. __ . _____ I _
. ~~ ~ ~----~ ~~ ~-=-=-= ~---~ :-:·= ~-: ~-----I
,. -. ----·-·. ---------·--·--. -L ~•-'-· ·----1-''"-'-'--'-~1---l :, ~-. -···-.. :· ~~---L--~~
i :~; __ -· ·.----· ·V 1 --1-
I
AS BUILT PLANS Contract No. ,,-ostop<(<(
Date Completed~
Document No doePruW
I
ITEM
I ,m.ir.. n•n ,u....._"'°"'"'-·;w -.;:--.:.rein
7 CAI.IP,
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WO~!!:: TO ~E DOfllE :5 .! STATION , ~~•"'
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June 6, 2023
April 4, 2023, City Council staff report
(on file in the Office of the City Clerk)
Exhibit 5
Item #2 Page 16 of 21
June 6, 2023
Exhibit 6
April 11, 2023, City Council staff report
(on file in the Office of the City Clerk)
Item #2 Page 17 of 21
June 6, 2023
April 18, 2023, City Council staff report
(on file in the Office of the City Clerk)
Exhibit 7
Item #2 Page 18 of 21
June 6, 2023
May 9, 2023, City Council staff report
(on file in the Office of the City Clerk)
Exhibit 8
Item #2 Page 19 of 21
June 6, 2023
May 16, 2023, City Council staff report
(on file in the Office of the City Clerk)
Exhibit 9
Item #2 Page 20 of 21
June 6, 2023
Exhibit 10
May 23, 2023, City Council staff report
(on file in the Office of the City Clerk)
Item #2 Page 21 of 21