HomeMy WebLinkAbout2024-04-09; City Council; ; Continuation of Proclamation of a Storm-Related Local Emergency for Removal of Sediment and Vegetation on the Buena Vista Creek Concrete Channel Near El Camino RealCA Review GH
Meeting Date: April 9, 2024
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Tom Frank, Transportation Director/City Engineer
tom.frank@carlsbadca.gov, 442-339-2766
Subject: Continuation of Proclamation of a Storm-Related Local Emergency for
Removal of Sediment and Vegetation on the Buena Vista Creek Concrete
Channel Near El Camino Real
District: 1
Recommended Action
Adopt a resolution continuing the proclamation of a storm-related local emergency for removal
of sediment and vegetation in the Buena Vista Creek Concrete Channel near El Camino Real.
Executive Summary
Rainfall from the atmospheric river that hit California in early February and the prior one in
January 2024, increased sediment and vegetation in the Buena Vista Creek, diminishing its
capacity and risking significant damage to nearby property and infrastructure. Emergency
removal of sediment and vegetation was necessary to ameliorate the risk. Exhibit 3 shows the
area of the channel requiring emergency sediment and vegetation removal.
•The Acting City Manager, in his role as Acting Director of Emergency Services,
proclaimed a local emergency on Feb. 8, 2024, as shown in Exhibit 2, so that the
removal can be exempted from the city’s normal bidding procedures and the necessary
repairs can be completed as swiftly as possible.
•The City Council ratified the emergency proclamation on Feb. 13, 2024, and continued
the emergency proclamation on Feb. 27, 2024.
•On March 12, 2024, the City Council continued the emergency proclamation again and
authorized additional appropriations in the amount of $474,000.
•The City Council continued the emergency proclamation again on March 19, 2024, and
on March 26, 2024.
Staff are now requesting the City Council continue the emergency proclamation again.
Construction projects that cost less than $200,000 may be awarded by the City Manager using
informal bidding procedures under Carlsbad Municipal Code, or CMC, Section 3.28.080
Construction Projects, subsections (B) and (H), which implement California Public Contract Code
Section 22032. This emergency project is expected to cost more than $1.5 million.
April 9, 2024 Item #3 Page 1 of 11
California Public Contract Code Sections 22035 and 22050 and CMC Sections 3.28.110(A) and
3.28.120 provide for an exemption from formal bidding procedures for emergency construction
procurements. The emergency proclamation allows the city to use these exemptions.
Public Contracting Code Section 22050 requires the City Council to review the emergency at
each regularly scheduled meeting, to determine, by a four-fifths vote of the City Council, the
need to continue the emergency action.
Explanation & Analysis
Buena Vista Creek is situated at the northern border of the City of Carlsbad, adjacent to the City
of Oceanside. The creek is located within both the City of Carlsbad and the City of Oceanside,
outside the Coastal Zone, until it reaches Jefferson Street and the Buena Vista Lagoon. The
creek comprises natural stream bed sections and some man-made concrete drainage channels
designed to convey runoff from a large eastern watershed to the Pacific Ocean.
One segment of the Buena Vista Creek near El Camino Real, outside the Coastal Zone, was
previously constructed as a concrete trapezoidal channel, starting at South Vista Way and
ending approximately 230 feet east of El Camino Real, a total of approximately 900 feet. This
man-made concrete segment of the creek is entirely within the City of Carlsbad.
Over time, sediment and vegetation accumulate in the creek. The city has a Capital
Improvement Program project to remove the sediment and vegetation and make other repairs
to the channel. The project is currently in the environmental review stage. However, the recent
severe storm events have created debris flows that occur during short-duration, high-intensity
rainfalls.
More specifically, the atmospheric river in early February brought an influx of heavy rain that
inundated the Buena Vista Creek with material, including vegetation, debris and sediment-
dominated slurry from the Buena Vista Creek Watershed, which is about 10 miles long. These
rapid debris flows have significantly diminished the capacity of the channel, which is very close
to the outfall of the watershed, resulting in a significant risk of the channel overflowing, with
the potential to cause significant damage to nearby property and infrastructure during severe
storms.
To mitigate the emergency conditions, the City Engineer recommended expedited, or
emergency, removal of some of the sediment and vegetation to increase the channel’s capacity
while the larger maintenance project proceeds through the environmental review and
permitting process.
The emergency proclamation enabled the city to procure a contractor to perform the necessary
emergency removal work and would be limited to the immediate action(s) to prevent or
mitigate loss of, or damage to, life, health, property, or essential public services. The near-term
scope of work – the immediate measure – is the minimum necessary to alleviate the immediate
emergency.
• Staff submitted a permit application to the U.S. Army Corps of Engineers on Feb. 15,
2024, and sent a notification to the San Diego Regional Water Quality Control Board the
same day that the notice of intent was included in the permit application.
April 9, 2024 Item #3 Page 2 of 11
• The Corps of Engineers’ District Engineer coordinated review of the project with
affected agencies, including the California Department of Fish and Wildlife and the
Regional Water Quality Control Board, and issued a permit on Feb. 27, 2024.
• The San Diego Regional Water Quality Control Board informed staff on Feb. 28, 2024,
that the notice of intent for the project complies with federal water quality regulations
and is complete and has been recorded as required.
• On March 5, 2024, the U.S. Army Corps of Engineers sent a verification letter on the
permit which superseded its Feb. 27, 2024, letter. The March 5 letter stated that work
authorized by the permit must be underway no later than 14 calendar days from date of
issuance of the letter of verification, or by March 19, 2024, and that all work must be
completed no later than April 22, 2024. If the city is unable to complete the authorized
work by this date, the city must request, in writing, an extension from the Corps’
Regulatory Division prior to the deadline.
Upon the City Council’s ratification of the emergency proclamation, staff met with contractors
to determine their availability to perform the work. Staff issued a notice to proceed to the
contractor, Hazard Construction, on March 4, 2024. Work started on March 8, 2024, and is
expected to be completed by the authorized date of April 22, 2024. If it appears that there may
be a delay, staff will request an extension in writing from the Corps’ Regulatory Division prior to
April 22.
After closer inspection of the project site, staff have determined that additional clearing of
sediment, debris and vegetation in the earthen section of the Buena Vista Creek channel east of
the concrete channel for approximately 1,500 feet to the Haymar Drive bridge would be
required to increase the channel’s capacity. Staff submitted a second emergency permit
application to the U.S. Army Corps of Engineers on March 28, 2024, and sent a notification to
the San Diego Regional Water Quality Control Board the same day stating that the notice of
intent was included in the permit application. Staff are awaiting approval from the permitting
agencies before moving forward with this additional work.
Staff recommend that the City Council continue the emergency proclamation to complete the
emergency work at the Buena Vista Creek concrete channel near El Camino Real as swiftly as
possible to prevent damage to nearby infrastructure and property.
April 9, 2024 Item #3 Page 3 of 11
Fiscal Analysis
Funding for the entire project is in the amount of $1,548,500, which will be funded from the
fiscal year 2023-24 capital budget through the Storm Drain System Rehabilitation and Repair
Program.
There may be outside funding that could cover some or all of these emergency costs. On
Feb. 22, 2024, the City Manager sent a letter to the California Governor’s Office of Emergency
Services requesting any and all state and federal resources including, but not limited to, state
assistance through the California Disaster Assistance Act. The state replied and subsequently
requested supplemental information on the city’s budget and how recent storms impacted it.
On Feb. 26, 2024, staff provided the requested supplemental information and the initial
damage estimate of $771,000, which has now increased to over $1.5 million.
Next Steps
The contractor is expected to complete the emergency work by April 22, 2024. Staff have
prepared the emergency contract and sent it to the contractor for signature. It will be
presented to the City Council for ratification at a future date.
If staff receive permits from the regulatory agencies and a cost estimate from a contractor for
the additional sediment, debris and vegetation clearing work in the earthen section of the
channel east of the concrete channel, staff will return to the City Council to request
authorization for the additional work.
Staff will return to the City Council again on April 16, 2024, to review the emergency action and
ask the City Council to determine by a four-fifths vote whether there is a need to continue the
emergency proclamation.
Storm Drain System Rehabilitation and Repair Program
Total appropriated funds to date $5,935,360
Total expenditures and encumbrances to date -$4,287,987
Total available funding $1,647,373
Buena Vista Creek Concrete Channel emergency work
Emergency work (sediment, vegetation removal, estimated) – Hazard
Construction -$999,700
Design and administrative costs (approximately 5%) -$50,000
Construction management and inspection – Kleinfelder Construction Services -$108,300
Biological monitoring – Environmental Science Associates -$140,500
Construction contingency (25%) -$250,000
Total estimated emergency project costs -$1,548,500
Remaining balance $98,873
April 9, 2024 Item #3 Page 4 of 11
Environmental Evaluation
The project has been determined to be exempt from the California Environmental Quality Act
under Public Resources Code Section 21080(b)(3) and CEQA Guidelines Section 15269(a), which
apply to projects undertaken, carried out or approved by a public agency to maintain, repair,
restore, demolish or replace property or facilities damaged or destroyed as a result of a disaster
in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor.
Exhibits
1. City Council resolution
2. Acting City Manager/Acting Director of Emergency Services’ proclamation of a storm-related
local emergency, dated Feb. 8, 2024
3. Location map
April 9, 2024 Item #3 Page 5 of 11
RESOLUTION NO. 2024-069
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, CONTINUING THE PROCLAMATION OF A STORM-RELATED
LOCAL EMERGENCY FOR REMOVAL OF SEDIMENT AND VEGETATION IN THE
BUENA VISTA CREEK CONCRETE CHANNEL NEAR EL CAMINO REAL
WHEREAS, on Feb. 4, 2024, the Governor of the State of California found that conditions of
extreme peril exist in San Diego County and other counties due to the early February 2024 storms
caused by an atmospheric river and proclaimed a state of emergency to make additional resources
available to local governments, formalize emergency actions, and help the state prepare for the impact
of the storms; and
WHEREAS, the City Council empowers the City Manager, as Director of Emergency Services or,
in the City Manager's absence, the Assistant City Manager, as Acting City Manager and Acting Director
of Emergency Services, to proclaim the existence of a local emergency when the city is affected by a
public calamity and the City Council is not in session; and
WHEREAS, conditions or threatened conditions of extreme peril to the safety of persons and
property arose within the City of Carlsbad caused by a powerful, slow moving, atmospheric river in
early February that resulted in debris flows, or a "sediment-dominated slurry", which inundated the
Buena Vista Creek and significantly diminished capacity in the Buena Vista Creek concrete channel
(begins approximately 600 feet west/downstream of the El Camino Real bridge and extends upstream
of the bridge approximately 230 feet); and
WHEREAS, on Feb. 8, 2024, the Acting City Manager/Acting Director of Emergency Services
proclaimed a storm-related local emergency for removal of sediment and vegetation on the Buena
Vista Creek concrete channel near El Camino Real; and
WHEREAS, on Feb. 13, 2024, the City Council ratified the proclamation of a storm-related local
emergency for removal of sediment and vegetation on the Buena Vista Creek concrete channel near El
Camino Real; and
WHEREAS, on Feb. 27, 2024, the City Council continued the proclamation of a storm-related
local emergency for removal of sediment and vegetation on the Buena Vista Creek concrete channel
near El Camino Real; and
Exh ibit 1
April 9, 2024 Item #3 Page 6 of 11
WHEREAS, on March 12, 2024, the City Council continued the proclamation of a storm-related
local emergency for removal of sediment and vegetation on the Buena Vista Creek concrete channel
near El Camino Real again and authorized additional appropriations in the amount of $474,000; and
WHEREAS, on March 19, 2024, and March 26, 2024, the City Council continued the emergency
proclamation again; and
WHEREAS, Carlsbad Municipal Code, or CMC, Section 3.28.ll0{A) implements Public Contract
Code Section 22035 and provides for an exemption from formal bidding procedures for emergency
construction procurements; and
WHEREAS, Public Contract Code Section 22050{c)(l) requires the City Council to review the
emergency action at every subsequent City Council meeting to determine, by a four-fifths vote,
whether this is a need to continue the emergency action; and
WHEREAS, on Feb. 27, 2024, the U.S. Army Corps of Engineers issued a Regional General Permit
{RGP) 63 -Repair and Protection Activities in Emergency Situations; and
WHEREAS, on Feb. 28, 2024, the San Diego Regional Water Quality Control Board informed staff
that in accordance with Water Quality Order No. 2023-0095-DWQ, or Order, Clean Water Act Section
401 Water Quality Certification for U.S. Army Corps of Engineers Reauthorization o� Regional General
Permit 63 {RGP 63) for Emergency Repair and Protection Activities Project, the Notice of Intent is
complete, and the Project is enrolled under the Order; and
WHEREAS, on March 5, 2024, the U.S. Army Corps of Engineers sent a verification letter on the
permit which superseded its Feb. 27, 2024, letter, which stated that work authorized by the permit
must be underway no later than 14 calendar days from date of issuance of the letter of verification, or
by March 19, 2024, and that all work must be completed no later than April 22, 2024, and if it is not
then the city must request, in writing, an extension from the Corps' Regulatory Division prior to the
deadline; and
WHEREAS, the contractor started emergency work on March 8, 2024, and is expected to
complete the work by the authorized date of April 22, 2024; and
WHEREAS, on March 28, 2024, staff submitted another RGP-63 permit application to the U.S.
Army Corps of Engineers for additional sediment, debris and vegetation clearing work in the earthen
channel east of the concrete channel for over 1,500 feet to the Haymar Drive bridge, and notified the
San Diego Regional Water Quality Control Board the same day; and
April 9, 2024 Item #3 Page 7 of 11
WHEREAS, staff will return to the City Council to request authorization for the additional
sediment, debris and vegetation clearing work upon permit issuance from the regulatory agencies and
a cost estimate from a contractor; and
WHEREAS, staff request that the City Council continue the proclamation of a local emergency
again to complete the work; and
WHEREAS, under California Public Resources Code Section 21080(b)(3) and Title 14, Section
15269 of the California Code of Regulations, the requirements of the California Environmental Quality
Act do not apply to projects undertaken, carried out, or approved by a public agency to maintain, repair,
restore, demolish, or replace property or facilities damaged or destroyed as a result of a disaster in a
disaster-stricken area in which the Governor of the State of California has proclaimed a state of
emergency, and on Feb. 4, 2024, the Governor found that conditions of extreme peril exist in San Diego
County and proclaimed a state of emergency.
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 Proclamation for a Local Emergency for removal of sediment and
vegetation in the Buena Vista Creek concrete channel near El Camino Real is continued.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 9th day of April, 2024, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA.
NONE.
NONE.
NONE.
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)
April 9, 2024 Item #3 Page 8 of 11
FOR STORM-RELATED EMERGENCY PROTECTION ACTIVITIES TO REDUCE SEDIMENT AND
VEGETATION IN THE BUENA VISTA CREEK CHANNEL NEAR EL CAMINO REAL
WHEREAS, on February 4, 2024, the Governor of the State of California found that
conditions of extreme peril exist in San Diego County and other counties due to the early
February 2024 storms caused by a powerful, slow-moving atmospheric river and proclaimed a
state of emergency to make additional resources available to local governments, formalize
emergency actions and help the state prepare for the impact of the storms.
WHEREAS, California Government Code Section 8630 allows the City Council or an
official designated by ordinance adopted by the City Council, to proclaim a local emergency; and
WHEREAS, the City of Carlsbad’s Emergency Services Ordinance, including Carlsbad
Municipal Code Section 6.04.100(A)(1), empowers the City Manager, as the City of Carlsbad’s
Director of Emergency Services, or, in the City Manager’s absence, the Assistant City Manager,
as Acting City Manager and Acting Director of Emergency Services, to proclaim the existence of a
local emergency, subject to ratification by the City Council, when there exists, or there is
threatened to exist, conditions of extreme peril to the safety of persons and property within the
City of Carlsbad; and
WHEREAS, in the case of an emergency, California Public Contract Code Section 22050
allows the City Council, or a person delegated the authority by the City Council, to repair or
replace a public facility, take any directly related and immediate action required by that
emergency, and procure the necessary equipment, services and supplies for those purposes
without giving notice for bids to let contract; and
WHEREAS, under California Public Resources Code Section 21080(b)(3) and Title 14,
Section 15269 of the California Code of Regulations, the requirements of the California
Environmental Quality Act do not apply to projects undertaken, carried out, or approved by a
public agency to maintain, repair, restore, demolish or replace property or facilities damaged or
destroyed as a result of a disaster in a disaster-stricken area in which the government has
proclaimed a state of emergency; and
WHEREAS, the Acting Director of Emergency Services finds:
1. The National Weather Service has issued multiple winter storm warnings, high
wind warnings, wind advisories, and flood and flash flood watches throughout the State of
California in anticipation of a powerful, slow-moving, atmospheric river.
2. Existing conditions and threatened conditions of extreme peril to the safety of
persons and property have arisen within the City of Carlsbad caused this powerful, slow-moving
atmospheric river, and that the unexpected occurrence poses a clear and imminent danger,
requiring immediate action to prevent or mitigate the loss or impairment of life, health,
property and essential public services.
Exhibit 2
April 9, 2024 Item #3 Page 9 of 11
~ Proclamation of
~ Local Emergency
City Hall
1200 Carlsbad Village Drive
Carlsbad, CA 92008
April 9, 2024 Item #3 Page 10 of 11
Local Emergency -Reduction of Sediment and Vegetation in the Buena Vista Creek
Channel
Page 2
3. Prior to the early February 2024 storms, powerful winter storms that occurred
less than a month ago had amplified the impact of local flooding due to the record-breaking
amount of rainfall including a severe rainstorm which began on January 22, 2024 ("January
Storm"), in all dropping 2 to 3 inches of rain in a three-hour period, a total that exceeds that of
an average wet month and rivals the rainfall needed to spur a 100-year flood event.
4. On January 22, 2024, the County of San Diego proclaimed an emergency due to
the January Storm, which the county characterized as a thousand-year storm, and which caused
drastic flooding and flash flooding in the county.
5. The existing conditions of the current atmospheric river causing local flooding,
in addition to the impacts of the January Storm, have created conditions of extreme peril in the
Buena Vista Creek Channel, in part, because the inundation of sedimentation and debris flows
from the multiple, powerful winter storms, which have diminished the channel's capacity.
6. That the City Council of the City of Carlsbad was not in session and could not be
immediately called into session.
NOW, THEREFORE, IT IS PROCLAIMED that, subject to review and ratification by the City
Council at its next regular meeting, a local emergency now exists in the City of Carlsbad,
California, in the area of the Buena Vista Creek Channel near El Camino Real.
IT IS FURTHER PROCLAIMED AND ORDERED that, under California Public Contract Code
Section 22050 and Carlsbad Municipal Code Sections 3.28.llO(A) and 3.28.120, city staff may
proceed at once to obtain the necessary permits, equipment, services, and supplies to reduce
the sediment and vegetation in the Buena Vista Creek Channel without giving notice for bids to
let contracts.
Dated: -------By: -~-~-\-~_lr--_·-_ -__
GEOFF PATNOE
Acting City Manager/ Acting Director of
Emergency Services
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April 9, 2024 Item #3 Page 11 of 11