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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, \ dfr Zf lf66 J./, :./.n d ✓, • V ~i e.t: WO~!!:: TO ~E DOfllE :5 .! STATION , ~~•"' 1,-t-!-·-----.i.!- --..:__J:~ ~di!] -~-.-::~~,.~,~~~~~-=---l----', 2tf'i_2i LL,u. l-n-::--1-;- 1 P'•t D,-D. • l c I !l___,1--+----,-~-'--J .YL.ill.!.1.2.._J!___ .i.!... --¼--1:L- Yli HO.! 1Hl fHM) 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