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HomeMy WebLinkAbout2024-04-16; 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 16, 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, March 26, 2024, and April 9, 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 16, 2024 Item #7 Page 1 of 12 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 16, 2024 Item #7 Page 2 of 12 • 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. On March 25, 2024, the City Manager and Hazard Construction fully executed the contract. 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 needed to increase the channel’s capacity. Staff submitted another 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. On April 3, 2024, the contractor Hazard Construction provided a quote for the additional emergency work in the amount of $3,762,000 plus a proposed option of riprap on the north wall of the channel in the amount of an additional $306,000 for a total cost estimate of $4,068,000 for the additional work. Additionally, on April 3, 2024, staff received an estimate of potential habitat mitigation costs from a consultant Environmental Science Associates, or ESA. For the work already authorized by the regulatory agencies, the impacted area is estimated at 1.87 acres, which could cost $1.83 million for mitigation, if the regulatory agencies determine a ratio of 1.5:1 is appropriate. This estimate does not include the additional mitigation costs that could potentially be required for the proposed additional emergency work in the earthen section of the channel that has not yet been permitted by the regulatory agencies, nor approved by the City Council. April 16, 2024 Item #7 Page 3 of 12 The consultant also identified a mitigation bank1 that has 2.84 acres available of re- establishment river and floodplain credits for wetland waters of both the U.S. and the state and 0.66 acres of rehabilitated river for wetland waters of both the U.S. and the state. These credits could fulfill the mitigation required because of the project’s impacts. Once the regulatory agencies have determined the appropriate ratio, staff will return to the City Council to request additional appropriations for the mitigation bank credits. On April 8, 2024, Kleinfelder Construction Services submitted a proposal for $134,118 for construction management and inspection services for a projected four-month period for the proposed additional emergency work in the earthen section of the channel. 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. 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 (CalOES) 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 1 A mitigation bank is a wetland, stream, or other aquatic resource area that has been restored, established, enhanced or preserved for the purpose of providing compensation for unavoidable impacts to other aquatic resources as permitted by federal, state and local regulations. 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 16, 2024 Item #7 Page 4 of 12 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. On April 4, 2024, staff met with CalOES staff to discuss this emergency work. CalOES also requested additional information to be provided by April 11, 2024. Next Steps The contractor is expected to complete the initial emergency work by April 22, 2024. If staff receive permits from the regulatory agencies 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 approval and additional appropriations. When staff receive confirmation from the regulatory agencies on habitat mitigation requirements, staff will request additional appropriations. Staff will return to the City Council again on April 23, 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. 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 16, 2024 Item #7 Page 5 of 12 RESOLUTION NO. 2024-076 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, atmosphe�ic river in early February that resulted in debris flows, or a "sediment-dominated slur:ry",-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 16, 2024 Item #7 Page 6 of 12 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, March 26, 2024, and April 9, 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)(1) 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_f Regional General Permit 63 (RGP 63) for Emergency Repair and Protection Actfvities 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 cafendar 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 16, 2024 Item #7 Page 7 of 12 WHEREAS, staff will return to the City Council to request approval and additional appropriations for the additional sediment, debris and vegetation clearing work in the earthen section of the channel upon receipt of permits from the regulatory agencies; and WHEREAS, staff received a cost estimate from a consultant for potential habitat mitigation costs for the initial emergency work; and WHEREAS, staff will return to the City Council to request additional appropriations for the habitat mitigation upon receipt of the requirements from the regulatory agencies; 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. April 16, 2024 Item #7 Page 8 of 12 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 16th day of April, 2024, by the following vote, to wit: AYES: BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA. NAYS: NONE. ABSTAIN: ABSENT: NONE. NONE. KEIT H BLACKBURN, Mayor SHERRY FREISINGER, City Clerk (SEAL) April 16, 2024 Item #7 Page 9 of 12 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 16, 2024 Item #7 Page 10 of 12 ~ Proclamation of ~ Local Emergency City Hall 1200 Carlsbad Village Drive Carlsbad, CA 92008 April 16, 2024 Item #7 Page 11 of 12 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 ·|}þ78·|}þ78 ·|}þ78 ·|}þ78 AVENIDA DEANITA H AYMARDR SOUTHVI S TA W Y H A YMAR DR M A RRO N RD EL C A M I N O R E A L SR-78 EB S R -7 8 W B SR-78 R A SR-78 OFF RA S R-78 O N R A Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS,USDA, USGS, AeroGRID, IGN, and the GIS User Community, Copyrightnearmap 2015 Exhibit 3LOCATION MAP PROJECT NAME EXHIBIT 3BUENA VISTA CREEK CHANNEL $!Å **#5$ **#5$·|}þ78 VISTA ENCINITAS S.D. COUNTY OCEANSIDE PACIFICOCEAN TA M A R A CKAV LA COSTA AV PO INS E TTIA L N M E L R O S E D R C A R L S B A D B L ELCAMINO REAL C A R L S B A D VILLAGE D R R ANCH O SANTAFER D A V I A R APY A L G A R D CANNON R D NOT TOSCALE Created By: Sara Jadhav 2/8/2024 J:\SaraJadhav_Customers\DavidEdwards\LocalEmergencyBuenaVistaCreekChannel\LocationMap.mxd PROJECT SITE VICINITY MAP $!Å April 16, 2024 Item #7 Page 12 of 12