HomeMy WebLinkAbout2024-05-07; City Council; ; Termination 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: May 7, 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: Termination 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 terminating 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 4 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, April 9, 2024, and April 16, 2024.
•On April 23, 2024, the City Council continued the emergency proclamation again and
authorized a transfer of funds in the amount of $1,427,000 from the Buena Vista Creek
Concrete Channel Maintenance at El Camino Real, Capital Improvement Program, or
CIP, Project No. 6619, to the Storm Drain System Rehabilitation and Repair Program, CIP
Project No. 6607.
May 7, 2024 Item #5 Page 1 of 10
Construction projects that cost less than $200,000 may be awarded by the City Manager using
informal bidding procedures under Carlsbad Municipal Code 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 approximately $2.47 million, including
habitat mitigation costs.
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 allowed the city to
use these exemptions.
Explanation & Analysis
Background
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.
May 7, 2024 Item #5 Page 2 of 10
Timeline
• Feb. 15, 2024 - Staff submitted a permit application to the U.S. Army Corps of Engineers
and sent a notification to the San Diego Regional Water Quality Control Board that the
notice of intent was included in the permit application.
• Feb. 27, 2024 – After coordinating its review of the project with affected agencies,
including the California Department of Fish and Wildlife and the Regional Water Quality
Control Board, the Corps of Engineers’ District Engineer coordinated issued a permit for
the work..
• Feb. 28, 2024 - The San Diego Regional Water Quality Control Board informed staff , that
the notice of intent for the project complies with federal water quality regulations and is
complete and has been recorded as required.
• March 5, 2024 - The Corps of Engineers sent a verification letter on the permit that
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.
• March 4, 2024 - Staff issued a notice to proceed to the contractor, Hazard Construction.
The work commenced four days later and was completed by the authorized date of April
22, 2024.
• March 25, 2024 - The City Manager and Hazard Construction fully executed the contract.
On April 22, 2024, the contractor completed the last of the channel clearing of the concrete
section. On April 29, 2024, the Corps of Engineers indicated that they would be unable to
permit the requested clearing of the earthen section of the channel as an emergency project.
Staff therefore recommend that the City Council terminate the emergency proclamation at the
Buena Vista Creek concrete channel near El Camino Real.
Fiscal Analysis
The cost estimate for the emergency work in the concrete section of the channel is in the
amount of $2,470,500, which will be funded from the fiscal year 2023-24 capital budget
through the Storm Drain System Rehabilitation and Repair Program.
Storm Drain System Rehabilitation and Repair Program
Total appropriated funds to date $7,362,360
Total expenditures and encumbrances to date -$4,287,987
Total available funding $3,074,373
Buena Vista Creek Concrete Channel emergency work
Emergency work (sediment, vegetation removal, estimated) - Hazard
Construction -$999,700
Construction management and inspection - Kleinfelder Construction Services -$108,300
May 7, 2024 Item #5 Page 3 of 10
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 $2.4 million, including habitat
mitigation costs.
On April 4, 2024, staff met with Office of Emergency Services staff to discuss this emergency
work. Staff provided the agency with additional information as requested on April 11, 2024,
and met again with Office of Emergency Services staff on April 25, 2024.
Next Steps
Staff will return at a future date to request City Council approval of an agreement to purchase
1.88 acres of habitat mitigation bank credits in the amount of $1,222,000.
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
Biological monitoring - Environmental Science Associates -$140,500
Habitat mitigation (1:1 ratio) -$1,222,000
Total estimated emergency project costs -$2,470,500
Remaining balance $603,873
May 7, 2024 Item #5 Page 4 of 10
RESOLUTION NO. 2024-091
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, TERMINATING THE PROCLAMATION OF A STORM-RELATED
LOCAL EMERGENCY FOR REMOVAL OF SEDIMENT AND VEGETATION IN THE
BUENA VISTA CREEK CONCRETE CHANNEL NEAR EL CAM INO 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
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, April 9, 2024, and April 16, 2024, the City
Council continued the emergency proclamation again; and
WHEREAS, on April 23, 2024, the City Council continued the emergency proclamation again and
authorized a transfer of funds in the amount of $1,427,000 from the Buena Vista Creek Concrete
Channel Maintenance at El Camino Real, Capital Improvement Program, or CIP, Project No. 6619, to
the Storm Drain System Rehabilitation and Repair Program, CIP Project No. 6607, which includes
sufficient funding for habitat mitigation costs; 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, 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 of 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 completed the
emergency work In the concrete section of the channel by the authorized date of April 22, 2024; and
WHEREAS, on April 17, 2024, the regulatory agencies indicated a habitat mitigation ratio of 1:1
would be acceptable for the emergency work that has already been completed in the concrete section
of the channel; and
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
May 7, 2024 Item #5 Page 8 of 10
May 7, 2024 Item #5 Page 9 of 10
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May 7, 2024 Item #5 Page 10 of 10