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
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June 25, 2024 Item #7 Page 11 of 11