CA Review GH
Meeting Date: Feb. 13, 2024
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Tom Frank, Transportation Director/City Engineer [email protected], 442-339-2766
Subject: Proclamation of a Storm-Related Local Emergency for Repair of a Storm Drain Pipeline on Carlsbad Village Drive Near Pontiac Drive District: 2
Recommended Action
Adopt a resolution ratifying the Acting Director of Emergency Services’s proclamation of a storm- related local emergency for repair of a storm drain pipeline on Carlsbad Village Drive near Pontiac Drive.
Executive Summary
City staff investigated a report of erosion on Carlsbad Village Drive near Pontiac Drive on Fe
b. 6. 2024. Staff determined the cause of the e rosion was the separation of an 18-inch reinforced concrete storm drain pipeline due to multiple short-duration, hi gh-intensity rainfalls, which
caused debris flows and the possible intrusion of tree roots, compromising the pipeline.
The damaged pipeline threatens the integrity of the roadway above the pipeline. Exhibit 3 shows the location of the pipeline.
On Feb. 8, 2024, the Acting City Manager, i
n his role as Acting Director of Emergency Services,
proclaimed
a local emergency, as shown in Exhibit 2, to expedite the repair of the pipeline. Staff are now requesting the City Council ratify the emergency proclamation so that the repair project c
an continue t o be exempted from the city’s normal bidding procedures and the necessary repairs can be completed as swiftly as possible.
Construction projects that cost less than $200,000 can be awarded by the City Manager using inform
al bidding procedures under Carlsbad Municipal Code Section 3.28.080 - Construction Projects, s
ubsections (B) and (H), which implement California Public Contract Code Section 22032.
This
project could possibly cost more than $200,000. 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 e mergency proclamation allows the city to utilize the exemption. However, it must be ratified by a four-fifths v
ote of the City Council.
Feb. 13, 2024
Item #6 Page 1 of 8
Explanation & Analysis
After staff were notified of the potential erosion on Feb. 6, they placed sandbags and took other interim protective measures in the area of the storm drain pipe, to prevent further slope erosion and damage and temporarily closed the roadway to traffic.
A video examination the following day confirmed the existence of a root ball from tree roots and pipeline separation. Immediate repairs were required, which resulted in the Acting Director of Emergency Services subsequently proclaiming a local emergency on Feb. 8, 2024.
Staff met with contractors for bids on the repair on Feb. 6, 2024, and determined that the cost range of the repair work would be $25,000 to $100,000, though it could possibly cost up to $280,000 if additional road repair is required.
The emergency proclamation and resulting emergency procurement exemption are appropriate in this instance because the Carlsbad Village Drive storm drain pipeline separation appears to be caused by a failed pipeline located in the city right-of-way, which threatens to undermine a critical roadway. Immediate repairs are needed to prevent roadway failure and additional slope erosion.
Fiscal An
alysis
No additional appropriations are needed at this time. Funding for the estimate of up to $280,000 for the repair project will come from the fiscal year 2023-24 capital budget through the Storm Drain System Rehabilitation and Repair Program.
If the emergency work qualifies for reimbursement under federal or state emergency relief programs, city staff will request reimbursement.
Recommendation
Staff recommend that the City Council ratify the emergency proclamation to repair the storm drain pipeline on Carlsbad Village Drive as swiftly as possible and to prevent further damage.
Not ratifying the proclamation would likely result in delays and potentially more costs, with greater risk to the city and no benefits.
Next Steps
Staff informed the contractor to proceed with the emergency work immediately after the proclamation of the emergency. The contractor will continue to perform the repairs and emergency work. Staff have begun preparing the emergency contract, which will be presented for ratification to the City Council at a future date.
Carlsbad Village Drive Storm Drain Pipeline Repair
Repair contract (estimated) $100,000
Design and administrative costs (5%) $5,000
Construction management and inspection (estimated) $10,000 Construction contingency (25%) $25,000
Total estimated project costs $140,000
Feb. 13, 2024
Item #6 Page 2 of 8
Staff will return to the City Council on Feb. 27, 2024, to review the emergency action and ask the City Council to determine by a four-fifths vote whether there is a need to continue it.
Environmental E valuation
The project has been determined to be exempt from the California Environmental Quality Act, under CEQA Guidelines Section 15269, which applies to actions necessary to mitigate an emergency and to repair public service facilities necessary to maintain services essential to public health and welfare. Additionally, the project is also exempt under Section 15301(c), which applies to the operation, repair and/or maintenance of existing utilities involving negligible or no expansion of use.
Exhibits
1. City Council resolution
2. Acting City Manager/Acting Director of Emergency Services’s Proclamation of a Storm- related Local Emergency dated Feb. 8, 2024
3. Location map
Feb. 13, 2024
Item #6 Page 3 of 8
RESOLUTION NO. 2024-029
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, RATIFYING THE ACTING DIRECTOR OF EMERGENCY SERVICES'$ PROCLAMATION
OF A LOCAL EMERGENCY FOR REPAIR OF A STORM DRAIN PIPELINE ON
CARLSBAD VILLAGE DRIVE NEAR PONTIAC 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 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, or in the absence of the City Manager, the Assistant City Manager, as Acting City Manager and Acting Di rector 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 because of a powerful, slow moving, atmospheric river that has caused debris flows and unusually large volumes of water to flow through the pipeline during periods of intense rainfall, which, in part, separated an 24" reinforced concrete storm drain pipeline on Carlsbad Village Drive near Pontiac Drive, which then caused flooding and erosion, potentially threatening the integrity of the roadway above the pipeline; and
WHEREAS, on Feb. 8, 2024, the Acting City Manager/Acting Director of Emergency Services proclaimed a local emergency for repair of the failed storm drain pipeline; and WHEREAS, Carlsbad Municipal Code, or CMC, Section 3.28.llO{A) implements Public Contract Code Section 22035 and provides for an exemption from formal bidding procedures for emergency construction procurements, and to use the emergency exemption, CMC Section 3.28.120, as well as Public Contract Code Section 22050, requires a proclamation of a local public emergency by a four-fifths vote of the City Council, or by the City Manager or Acting City Manager, subject to ratification by a four-fifths vote of the City Council at the next regular City Council meeting; and WHEREAS, staff request the City Council ratify the proclamation of a local emergency as the emergency proclamation and related emergency exemption are appropriate in this instance because the Carlsbad Village Drive storm drain pipeline separation appears to be caused by a failed pipeline located in Exh ibit 1
Feb. 13, 2024 Item #6 Page 4 of 8
the city right-of-way, which threatens to undermine a critical roadway and immediate repairs are needed to prevent roadway failure and additional slope erosion; 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 Aet 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 has proclaimed a state of emergency; and WHEREAS, under the Title 14, Section 15301(c) of the California Code of Regulations, the requirements of the California Environmental Quality Aet do not apply to the operation, repair and/or maintenance of existing utilities involving negligible or no expansion of use.
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 Local Emergency for repair of a storm drain pipeline on Carlsbad Village Drive near Pontiac Drive is ratified.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 13th day of February, 2024, by the following vote, to wit:
AYES:
NAVS:
ABSTAIN:
ABSENT:
BLACKBURN,
BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA.
NONE.
NONE.
NONE.
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)
Feb. 13, 2024 Item #6 Page 5 of 8
OJ;
FOR STORM-RELATED EMERGENCY PROTECTION ACTIVITIES TO REPAIR A STORM DRAIN
PIPELINE ON CARLSBAD VILLAGE DRIVE NEAR PONTIAC 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.
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. On a separate and independent basis, the project is also exempt from further environmental review under the California Environmental Quality Act in accordance with the CEQA Guidelines Section 15301(c) (“Existing Facilities”). Section 15301(c) does not apply to the operation, repair and/or maintenance of existing utilities involving negligible or no expansion of use; 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.
Exhibit 2
Feb. 13, 2024
Item #6 Page 6 of 8
~ Proclamation of
~ Local Emergency
City Hall
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Feb. 13, 2024
Item #6 Page 7 of 8
Local Emergency - Carlsbad Village Drive Storm Drain Pipeline Repair
2. Existing conditions and threatened conditions of extreme peril to the safety of persons and property have arisen within the City of Carlsbad caused by a 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.
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 that 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 ave rage 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 dangerous conditions on Carlsbad Village Drive, near Pontiac Drive, caused by a failed storm drain pipeline located in the city right of-way that threatens to undermine a critical roadway. lmmediate repairs are needed to prevent roadway fa i lure and additional slope erosion.
6. That the City Council of the City of Carls bad, California 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, on Carlsbad Village Drive near Pontiac Drive.
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 equipment, services, and supplies to repair the storm drain pipeline without giving notice for bids to let contracts.
Dated: 2 / cg / '- ~ By: - ~ -:j-'-'-+)'h+---~ - ~- ,..._,_--:=_=-- GEOFF PiTNOE
Acting City Manager/ Acting Di rector of
Emergency Services
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Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community, Copyright nearmap 2015
Exhibit 3LOCA TION MA P
PROJECT NAME EXHIBIT
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Feb. 13, 2024
Item #6 Page 8 of 8
Public Works
Transportation Department
1635 Faraday Ave Carlsbad, CA 92008 760-602-2760 t | [email protected]
NOTICE TO PROCEED
February 12, 2024
Kevin James Doherty
PBA, Ltd. South
4135 Park Drive
Carlsbad, CA 92008
Re: STORM -RELATED EMERGENCY PROTECTION ACTIVITIES TO REPAIR A STORM DRAIN
PIPELINE ON CARLSBAD VILLAGE DRIVE NEAR PONTIAC DRIVE
In accordance with the c ontract, you are hereby notified that the date for commencement of work on the subject project is February 12, 2024.
This work is being done in connection with the City of Carlsbad Storm- Related Emergency Protection Activities local emergency declaration. A purchase order has been is sued. P lease reference purchase order number P143450 on all invoices relating to this work.
Please be advised that your point of contact with the c ity shall be Public Work Superinte ndent Michael O ’Brien, 760-421-9158, [email protected] and Public Works Supervisor, Eric Martinez, 760-450-4359, [email protected]. All business relating to this project must be done through the either of the two forementioned persons. This division has no obligation to honor any commitment made by any other party.
Sincerely,
TOM FRANK
City Engineer
Director, Transportation Department
c: Paz Gomez, Public Works Director Kristina Ray, Communications Director Michael O’Brien, Public Works Superintendent Eric Martinez, Public Works Supervisor Hossein Ajideh, Engineering Manager Craddock Stropes, Senior Management Analyst Eleida Felix Yackel, Sr. Contract Administrator Jennifer Gowen, Contract Administrator Graham Jordan, Contract Administrator Janean Hawney, Assoc. Contract Administrator File
DocuSign Envelope ID: 7E461A97-53A3-49A8-B59C-57EE8E173A4E C cicyof
Carlsbad