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HomeMy WebLinkAbout2024-06-25; City Council; ; Continuation of Proclamation of a Storm-Related Local Emergency for Repair of the Slope Between El Camino Real and Trieste Drive and Authorization of Additional AppropriaMeeting Date: June 25, 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 and Authorization of Additional Appropriations 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 and authorizing additional appropriations in the amount of $453,000 for the Trieste Drive Slope Repair, Capital Improvement Program Project No. 6107 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, April 16, 2024, April 23, 2024, May 7, 2024, May 14, 2024, May 21, 2024, June 11, 2024, and June 18, 2024. Staff are now requesting that the City Council continue the emergency proclamation again to complete the work. June 25, 2024 Item #7 Page 1 of 11 CA Review GH Construction projects that cost less than $200,000 can 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 project will cost approximately $3.4 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 and authorize additional appropriations in the amount of $453,000 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 have 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 recommended performing the additional final repairs at the same time as the emergency work. On March 12, 2024, 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 June 25, 2024 Item #7 Page 2 of 11 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. The contractor Condon-Johnson’s estimate recently increased by $536,979 for the unanticipated import of soil material to the site and additional geogrid material to stabilize the slope.1 Subsequently, the city’s special inspection consultant, Leighton Consulting Inc., needed to test and analyze the import soil and geogrid material, which resulted in additional time and testing in the amount of $74,550. Timeline • 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 July 14, 2024. • March 19, 2024 - In keeping with Carlsbad Municipal Code Section 15.16.060(B)(2) - Work exempt from grading permit, the City Engineer made the determination to exempt the work from the requirement that the project receive a grading permit. • March 19, 2024 - The consultant indicated that the number of emergency shore stability pins will increase to 28 instead of the initial 26 that was proposed. This change will be reflected in the as-built drawings. • March 19, 2024 - The contractor, Condon-Johnson, and the City Manager fully executed the contract in the amount of $870,990. • March 20, 2024- The contractor submitted a change order request in the amount of $1,572,190 for Phases 2-5. Staff have processed a change order in that amount. • June 13, 2024 - Leighton Consulting submitted a request for additional funds for special inspections in the amount of $74,550. • June 14, 2024 - The contractor submitted a change order request in the amount of $536,979 for additional geogrid material, grading and imported soil material. Staff will use the construction contingency balance to partially offset the additional costs. 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 and authorize additional appropriations in the amount of $453,000 for the project 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. Since the total emergency work will now include additional geogrid material, and grading and recompacting the import soil material, additional funds in the amount of $453,000 will need to be appropriated to Project No. 6107 to cover the rest of the needed funding. Total project cost for the emergency work is $3,431,103. 1 A geogrid is a flat intersecting grid that's used to reinforce and stabilize soil. June 25, 2024 Item #7 Page 3 of 11 Because this emergency work may have qualified for outside funding, the City Manager sent a letter to the California Governor’s Office of Emergency Services 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 approximately $3 million. City staff met with Office of Emergency Services staff on April 4, 2024, to discuss this emergency project and have provided additional supplemental information. Staff provided CalOES staff additional information as requested on April 11, 2024. Staff also met with Office of Emergency Services’ staff on April 25, 2024. CalOES determined on June 7, 2024, that the impacts from the early February 2024 winter storms were not of such severity and magnitude to be beyond the capabilities of local government to respond to and recover from and denied the city’s request for funding. Next Steps The contractor has completed Phases 1, 2 and 3 of the emergency work and is proceeding with the remainder of the work with an estimated completion date of July 12, 2024. Staff will return 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. -$2,980,159 Design and administrative costs – Engineering Systems Inc. -$190,250 Construction management – Infrastructure Engineering Corporation -$78,320 Special inspection – Leighton Consulting, Inc. -$126,600 Environmental monitoring (estimated) – LSA -$50,000 Construction contingency balance -$0 Total estimated emergency Capital Improvement Program project costs -$3,425,329 Emergency protective measures - Urban Corps -$905 Staff labor and materials costs -$4,869 Total estimated emergency protective measures costs -$5,774 Total estimated project costs -$3,431,103 Additional appropriation needed $452,477 Additional appropriation needed (rounded) $453,000 June 25, 2024 Item #7 Page 4 of 11 to the City Council again on July 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 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 June 25, 2024 Item #7 Page 5 of 11 RESOLUTION NO. 2024-161 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 AND AUTHORIZING ADDITIONAL APPROPRIATIONS IN THE AMOUNT OF $453,000 FOR THE TRIESTE DRIVE SLOPE REPAIR, CAPITAL IMPROVEMENT PROGRAM PROJECT NO. 6107 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 threatene.d 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 Exhibit 1 June 25, 2024 Item #7 Page 6 of 11 emergency work appears to be caused by unexpected slope movement, which could pose a threat to the public, property, infrastructure and the environment; and 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, April 16, 2024, April 23, 2024, May 7, 2024, May 14, 2024, May 21, 2024, June 11, 2024, and June 18, 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(8)(2); and WHEREAS, the total cost of the emergency work has increased to $3,431,103, which now requires additional appropriations in the amount of $453,000; and WHEREAS, a contractor commenced the emergency work on March 12, 2024, and is expected to complete the work by July 14, 2024; and WHEREAS, staff request that the City Council continue the emergency proclamation again to enable completion of the work and authorize additional appropriations in the amount of $453,000 for the Trieste Drive Slope Repair, Capital Improvement Program Project No. 6107; 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, the 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. 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. June 25, 2024 Item #7 Page 7 of 11 2.That the Proclamation of a Storm-related Local Emergency for repair of the slope near El Camino Real and Trieste Drive is continued. 3.That the City Manager or designee is authorized to appropriate an additional $453,000 to the Trieste Drive Slope Repair, Capital Improvement Program Project No. 6107. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 25th day of June, 2024, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA. NONE. NONE. NONE. KEITH BLACKBURN, Mayor U�Rmc_� �HERRY FREISINGER, City Clerk {)-(SEAL) June 25, 2024 Item #7 Page 8 of 11 June 25, 2024 Item #7 Page 9 of 11 ~ 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. June 25, 2024 Item #7 Page 10 of 11 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 PALISADES D R WE S T C L I F F CT S A LIS B U R Y D R EA S T P O I N T E AV L A P O R T A L A D A D R EAST P OINTEAV MILANODR PORTA P L HIG H RIDGEAV BRIGHTONRD T R I E S T E D R S IE R R A M O R E N A A V TAMARACKAV E L C A MIN O R E A L TAMARACKAV Copyright nearmap Exhibit 3LOCATION MAP EXHIBIT 3TRIESTE DRIVE SLOPE REPAIR PROJECT $!Å **#5$ **#5$·|}þ78 VISTA ENCINITAS OCEANSIDE PACIFICOCEAN PALOMAR AIRP O R T RD T A M ARACK AV LACOS TA AV POIN S E T TI A L N MELROS E D R C A R L S B A D B L ELCAMINOR E AL CA RLS BA D V ILLAGEDR R A NCHOSANT AFERD A VIARAPY COLL E G EB L ALGA RD CA NNONRD Created By: Sara Jadhav 2/13/2024 J:\SaraJadhav_Customers\JasonEvans\LocationMap\TriesteSlopeRepair.mxd PROJECT LIMITS PROJECTNUMBER6107 $!Å June 25, 2024 Item #7 Page 11 of 11