HomeMy WebLinkAbout2024-04-23; City Council; ; Continuation of Proclamation of a Storm-Related Local Emergency for Repair of the Slope Between El Camino Real and Trieste DriveCA Review GH
Meeting Date: April 23, 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
Repair of the Slope Between El Camino Real and Trieste Drive
District: 1
Recommended Action
Adopt a resolution continuing the proclamation of a storm-related local emergency for repair of
the slope between El Camino Real and Trieste Drive.
Executive Summary
The atmospheric river in early February 2024 and the winter storm in January 2024 resulted in
unexpected slope movement in an area between El Camino Real and Trieste Drive, with the
potential to affect nearby property, infrastructure and the environment. Emergency repair of
the slope area behind four homes on Trieste Drive is necessary to ameliorate the risk. Exhibit 3
shows the area requiring emergency slope repair.
•The City Manager, in his role as Director of Emergency Services, proclaimed a local
emergency on Feb. 14, 2024, as shown in Exhibit 2, to expedite the slope repair.
•On Feb. 15, 2024, the City Council ratified the emergency proclamation so that the
repair can continue to be exempted from the city’s normal bidding procedures and the
necessary repairs can be completed as swiftly as possible.
•The City Council continued the emergency proclamation on Feb. 27, 2024.
•The City Council continued the emergency proclamation again on March 12, 2024,
approving the plans for the repair work and authorizing additional appropriations in the
amount of $955,000.
•The City Council continued the emergency proclamation on March 19, 2024, March 26,
2024, April 9, 2024, and April 16, 2024.
Staff are now requesting that the City Council continue the emergency proclamation again to
complete the work.
Construction projects that cost less than $200,000 can 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.
April 23, 2024 Item #2 Page 1 of 10
This project will cost approximately $3 million. California Public Contract Code Sections 22035
and 22050 and Carlsbad Municipal Code 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 the emergency exemption.
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.
Staff recommend that the City Council continue the proclamation of the storm-related local
emergency again to allow for the swift repair of the slope by approving the resolution provided
as Exhibit 1.
Explanation & Analysis
The slope area between El Camino Real and Trieste Drive, generally behind the backyards of
four residential properties that front onto Trieste Drive (4215-4245 Trieste Drive), has
experienced soil movement. The city has a Capital Improvement Program project (Project No.
6107) to repair the slope. The project was in the 50% design and environmental review stage.
However, the recent severe storm events created additional fissures in the soil that need to be
repaired quickly.
The City Engineer recommended expedited, or emergency, stabilization of the slope while the
larger slope repair project proceeds through the design and environmental review and
permitting process. The emergency proclamation allows the city to procure a contractor to
perform the necessary emergency work to prevent or mitigate loss of, or damage to, property,
essential public services and the environment.
Staff and Urban Corps, a city contractor, completed emergency protective measures at a cost of
$5,774, which included removing debris and placing tarps and stakes in the right-of-way.
Upon proclamation of the emergency, Engineering Systems Inc., the city’s geotechnical
engineering consultant, met with contractors to check on their availability and capabilities to
perform the emergency work. Condon-Johnson & Associates, Inc., or Condon-Johnson, initially
provided a cost estimate of approximately $871,000 for the emergency work.
The emergency work was initially intended to address the unexpected slope movement that
occurred as a result of the recent atmospheric rivers and storms, not to perform the original
scope of work of the Capital Improvement Program project. However, due to recent further
slope movement, the city’s geotechnical engineering consultant has recommended performing
the additional final repairs at the same time as the emergency work.
The contractor Condon-Johnson’s estimate increased to $2,443,180 for the total cost, which
includes the initial estimate of $870,990 for installation of 26 emergency shore stability pins in
Phase 1, which stabilize the slope, and $1,572,190 for installation of an additional row of 28
shore stability pins and other more permanent repairs such as grading and re-compaction of
the slope within the repair area as well as increased steel, additional two pins for Phase 1 and
stabilizing the slope by hydroseeding.
April 23, 2024 Item #2 Page 2 of 10
• On March 6, 2024, staff issued a notice to proceed to the contractor to perform the
emergency work. The emergency work started on March 12, 2024, and is expected to be
completed by June 2024.
• On March 19, 2024, in keeping with CMC Section 15.16.060(B)(2) – work exempt from
grading permit, the City Engineer made the determination to exempt the work from a
grading permit requirement.
• On March 19, 2024, the consultant indicated that the number of emergency shore
stability pins will increase to 28 instead of the initial 26 that were proposed. This change
will be reflected in the as-built drawings.
• On March 19, 2024, the contractor, Condon-Johnson, and the City Manager fully
executed the contract in the amount of $870,990.
• On March 20, 2024, the contractor submitted a change order request in the amount of
$1,572,190 for Phases 2-5. Staff are processing a change order in that amount.
Staff recommend that the City Council continue the emergency proclamation again to complete
the emergency work at the slope near El Camino Real and Trieste Drive as swiftly as possible to
prevent damage to nearby infrastructure and property.
Fiscal Analysis
Funding for the emergency work in the amount of $3,317,600 will come from the funding in the
General Capital Construction Fund for Capital Improvement Program Project No. 6107. Total
project cost for the emergency work has increased to $2,972,852.
Trieste Drive Slope Repair Project
Capital Improvement Program Project No. 6107
Total appropriated funds to date $3,317,600
Total expenditures and encumbrances to date -$338,974
Total available funding $2,978,626
Emergency work (slope repair) – Condon-Johnson & Associates, Inc. -$2,443,180
Design and administrative costs – Engineering Systems Inc. -$190,250
Construction management – Infrastructure Engineering Corporation -$140,620
Special inspection – Leighton Consulting, Inc. -$52,050
Environmental monitoring (estimated) – LSA -$50,000
Construction contingency balance -$96,752
Total estimated emergency Capital Improvement Program project costs -$2,972,852
Emergency protective measures – Urban Corps -$905
Staff labor and materials costs -$4,869
Total estimated emergency protective measures costs -$5,774
Additional appropriation needed $0
April 23, 2024 Item #2 Page 3 of 10
This emergency work could qualify for outside funding. The City Manager sent a letter to the
California Office of Emergency Service on Feb. 22, 2024, 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 $1,293,774, which has
now increased to $3 million.
On April 4, 2024, staff met with Office of Emergency Services staff to discuss this emergency
project and have provided additional supplemental information. Staff provided Office of
Emergency Services staff additional information as requested on April 11, 2024.
Next Steps
The contractor has begun performing the emergency work with an estimated completion date
of June 2024.
Staff will return to the City Council again on May 7, 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 it.
Environmental Evaluation
The project was determined to be exempt from the California Environmental Quality Act under
Sections 15301(d) and 15301(f) of the CEQA Guidelines, which apply to projects for the
restoration or rehabilitation of deteriorated or damaged structures, and the addition of safety
or health protection devices. None of the exceptions to the exemption applied to the project
and a notice of exemption was filed on Jan. 25, 2023.
Exhibits
1. City Council resolution
2. Proclamation of a storm-related local emergency, dated Feb. 14, 2024
3. Location map
April 23, 2024 Item #2 Page 4 of 10
RESOLUTION NO. 2024-083
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, CONTINUING THE PROCLAMATION OF A STORM-RELATED
LOCAL EMERGENCY FOR REPAIR OF THE SLOPE BETWEEN EL CAMINO REAL
AND TRIESTE DRIVE
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 the 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, 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 have arisen within the City of Carlsbad caused by an unexpected slope movement with
potential to affect nearby property, infrastructure and the environment; and
WHEREAS, on Feb. 14, 2024, the City Manager/Director of Emergency Services proclaimed a
storm-related local emergency for repair of the slope between El Camino Real and Trieste Drive,
generally behind the backyards of four residential properties that front onto Trieste Drive (4215 -4245
Trieste Drive); and
WHEREAS, Carlsbad Municipal Code, or CMC, Section 3.28.llO(A) implements Public Contract
Code Section 22035 and provides an exemption from formal bidding procedures for emergency
construction procurements, and to use the emergency exemption, CMC Section 3.28.120 and Public
Contract Code Section 22050 require a proclamation of a local public emergency by a four-fifths vote
of the City Council, or by the City Manager subject to ratification by a four-fifths vote of the City Council
at the next City Council meeting; and
WHEREAS, on Feb. 15, 2024, the City Council ratified the proclamation of a local emergency as
the emergency proclamation and emergency exemption are appropriate in this instance because the
emergency work appears to be caused by unexpected slope movement, which could pose a threat to
the public, property, infrastructure and the environment; and
Exh ibit 1
April 23, 2024 Item #2 Page 5 of 10
WHEREAS, on Feb. 27, 2024, the City Council continued the emergency proclamation; and
WHEREAS, on March 12, 2024, the City Council continued the emergency proclamation again,
approved the plans and authorized additional appropriations in the amount of $955,000; and
WHEREAS, on March 19, 2024, March 26, 2024, April 9, 2024, and April 16, 2024, the City
Council continued the emergency proclamation again; and
WHEREAS, on March 19, 2024, the City Engineer made the determination to exempt the work
from the requirements of a grading permit, consistent with CMC Section 15.16.060(B)(2); and
WHEREAS, a contractor commenced the emergency work on March 12, 2024, and is expected
to complete the work by June 2024; and
WHEREAS, staff request that the City Council continue the emergency proclamation again to
enable completion of the work; 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, the project was determined to be exempt from the California Environmental Quality
Act, or CEOA, under Section 15301(d) and (f) of the CEOA Guidelines, which applies to projects for
restoration or rehabilitation of deteriorated or damaged structures, and the addition of safety or health
protection devices; and
WHEREAS, none of the exceptions to the CEOA exemption applied to the project and a Notice
of Exemption was filed on Jan. 25, 2023.
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 Proclamation of a Storm-related Local Emergency for repair of the slope near
El Camino Real and Trieste Drive is continued.
April 23, 2024 Item #2 Page 6 of 10
•
PASSED, AP PROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 23rd 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
()A -& SHERRY FREISINGER, City Clerk
(SEAL)
April 23, 2024 Item #2 Page 7 of 10
April 23, 2024 Item #2 Page 8 of 10
~ Proclamation of
.:, Local Emergency
Exhibit 2
City Hall
1200 Carlsbad Village Drive
Carlsbad, CA 92008
FOR STORM-RELATED EMERGENCY PROTECTION ACTIVITIES TO REPAIR A SLOPE BETWEEN EL
CAMINO REAL AND TRIESTE DRIVE
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; and
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.lO0(A)(l), empowers the City Manager, as the City of Carlsbad's
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, the repair project was determined to be exempt from the California
Environmental Quality Act, or CEQA, under Section 15301 (d) and (f) of the CEQA Guidelines,
which applies to projects for restoration or rehabilitation of deteriorated or damaged structures
and the addition of safety or health protection devices; and
WHEREAS, none of the exceptions to the CEQA exemption applied to the project and a
Notice of Exemption was filed on Jan . 25, 2023; and
WHEREAS, the Director of Emergency Services finds :
1. The National Weather Service 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 in early February.
2. Conditions of extreme peril to the safety of persons and property have arisen
within the City of Carlsbad caused by the powerful, slow-moving atmospheric river in early
February, requiring immediate action to prevent or mitigate the loss or impairment of life,
health, and property.
April 23, 2024 Item #2 Page 9 of 10
Local Emergency -REPAIR OF TH E SLOPE BETWEEN EL CAMINO REAL AND TRIESTE
DRIVE
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
a·mount 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 Jan. 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 conditions of the early February 2024 storms, in addition to the impacts of
the January Storm, created an emergency condition on a slope that is located between El
Camino Real and Trieste Drive, generally behind the backyards of four residential properties that
front onto Trieste Drive (4215 -4245 Trieste Drive) causing rapid slope movement and
additional fissures in the soil that warrant immediate emergency repair.
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 meeting, a local emergency now exists in the City of Carlsbad, California, on a
slope between El Camino Real and Trieste Drive, generally behind the backyards of four
residential properties that front onto Trieste Drive (4215 -4245 Trieste Drive).
IT IS FURTHER PROCLAIMED AND ORDE D that, under California Public Contract Code
Section 22050 and Carlsbad Municipal Code cti ns 3.28.llO(A) and 3.28.120, city staff may
proceed at once to obtain the necessary pe mits, quipment, services, and supplies to repair the
slope between El Camino Real and Trieste Dn enerally behind the backyards of four
residential properties that front onto Trieste Driv -4245 Trieste Drive), without giving
notice for bids to let contracts.
Dated: \4r~
SCOTT CHADWICK
City Manager/Director of Emergency Services
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April 23, 2024 Item #2 Page 10 of 10