CA Review CKM
Meeting Date: Feb. 15, 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 the Slope Between El Camino Real and Trieste Drive
District: 1
Recommended Action
Adopt a resolution ratifying the Director of Emergency Services’s proclamation of a storm- related local emergency for repair of the slope between El Camino Real and Trieste Drive.
Executive Summary
The recent atmospheric river in early February 2024 and the winter storm in January 2024 have resulted in unexpected slope movement in an area between El Camino Real and Trieste Drive, with 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. Staff are now requesting the City Council ratify 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.
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.
This project will likely cost more than $500,000. Public Contract Code Sections 22035 and 22050 and CMC 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 utilize the exemption. However, it must be ratified by a four-fifths vote of the City Council.
Feb. 15, 2024
Item #1 Page 1 of 8
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, or CIP, Project No. 6107 to repair the slope. The project is currently 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.
To mitigate the emergency situation, the City Engineer recommends expedited, or emergency, repair of the slope while the larger slope repair project proceeds through the design and environmental review and permitting process. The emergency proclamation enables the city to procure a contractor to perform the necessary emergency repair work and would be limited to the immediate action(s) to prevent or mitigate loss of, or damage to, property, essential public services, and the environment.
Staff will meet with contractor(s) to obtain bids for the emergency work, which is estimated to cost in the range of $500,000 to $750,000.
Fiscal An
alysis
No additional appropriations are needed at this time. Funding for the estimate of up to $1,050,000 for the emergency work will come from the funding for CIP Project No. 6107.
City staff will request reimbursement if the emergency work qualifies under federal or state emergency relief programs.
Recommendation
Staff recommend that the City Council ratify the emergency proclamation 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. Not ratifying the proclamation would likely result in delays and potentially more costs, with greater risk to the city and an inability to potentially access federal funds.
Trieste Drive Slope Repair Project
Capital Improvement Program Project No. 6107
Total appropriated funds to date $2,362,600
Total expenditures and encumbrances to date -$338,974
Total available funding $2,023,626
Emergency work (slope repair, estimated) -$750,000
Design and administrative costs (approximately 5%) -$38,000 Construction management and inspection (estimated) -$75,000 Construction contingency (25%) -$187,000
Total estimated project costs -$1,050,000
Remaining balance after total estimated project costs $973,626 Additional appropriation needed $0
Feb. 15, 2024
Item #1 Page 2 of 8
Next Steps
Upon proclamation of the emergency, staff will meet with contractor(s) to obtain a quote for the emergency work. Staff will then authorize the contractor(s)to proceed with performing the emergency work. Staff will then begin preparing the emergency contracts, which will be presented for ratification to the City Council at a future date.
Staff will return to the City Council on Feb. 27, 2024, to review the emergency action and ask the City Council to determine by a four-fifths vote whether there is a need to continue it.
Environmental E valuation
The project was determined to be exempt from the California Environmental Quality Act, or CEQA, under Section 15301(d) and (f) of the CEQA Guidelines, which applies to projects for restoration or rehabilitation of deteriorated or damaged structures, and the addition of safety or health protection devices. None of the exceptions to the exemption applied to the project and a Notice of Exemption was filed on January 25, 2023.
Exhibits
1. City Council resolution
2. City Manager/ Director of Emergency Services’s Proclamation of a Storm-related Local Emergency dated Feb. 14, 2024
3. Location map
Feb. 15, 2024
Item #1 Page 3 of 8
RESOLUTION NO. 2024-032
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, RATIFYING THE DIRECTOR OF EMERGENCY SERVICES'$ 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 ether 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 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 subject to ratification by a four-fifths vote of the City Council at the next City Council meeting; and
WHEREAS, staff request the City Council ratify 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 WHEREAS, the project was determined to be exempt from the California Environmental Quality Aet, or CEQA, under Section 15301(d) and (f) of the CEQA Guidelines, which applies to projects for Exhibit 1
Feb. 15, 2024 Item #1 Page 4 of 8
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 January 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 ratified.
PASSED, APPROVED AND ADOPTED at a Special Meeting of the City Council of the City of Carlsbad on the 15th day of February, 2024, by the following vote, to wit:
AYES:
NAVS:
ABSTAIN:
ABSENT:
BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER.
NONE.
NONE.
LUNA.
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)
Feb. 15, 2024 Item #1 Page 5 of 8
Feb. 15, 2024
Item #1 Page 6 of 8
Feb. 15, 2024
Item #1 Page 7 of 8
PALISADESDR
WEST CLIFF
CT
SALISBURY
DR
EAST POINTE
AV
LA PORTALADA DR
EAST POINTE AV
M
ILANO
DR
PORTA PL
HIGH
RIDGEAV
BRIGHTON
RD
TRIESTE DR
SIERRA
MORENA
AV
TAMARACKAV
EL
CAMINO
REAL
TAMARACKAV
Copyright nearmap
Exhibit 3LOC ATI ON MA P
EXHIBIT
3 TRIESTE DRIVE SLOPE REPAIR PROJECT
$
!Å
**#5$
**#
5$ ·|}þ78
VISTA
ENCINITAS
OCEANSIDE
PACIFIC
OCEAN
PALOMA R AIRPORT RD
TAMAR AC K AV
LA COSTA AV
P OINSETTIA LN
M
E
LROSE
DR
CARLSBAD
BL
EL CAMINORE
AL
CA
RLSBADVILLAGE DR
RANCHO
SANTA FE
RD
AV
IARAPY
CO
LLEGEBL
A LGARD
CANNONRD
Created By: Sara Jadhav 2/13/2024 J:\SaraJadhav_Customers\JasonEvans\LocationMap\TriesteSlopeRepair.mxd
PROJECT LIMITS
PROJECT
NUMBER
6107
$
!Å
Feb. 15, 2024
Item #1 Page 8 of 8
Proclamation of Local Emergency for
Repair of the Slope Between El Camino
Real and Trieste Drive
Tom Frank, Transportation Director/City Engineer
Feb. 15, 2024
2 RECOMMENDED ACTION
• Adopt a resolution ratifying the Director of
Emergency Services’ proclamation of a
storm-related local emergency for repair of
the slope between El Camino Real and
Trieste Drive.
ITEM 1: LOCAL EMERGENCY SLOPE REPAIR
3 Summary of Site Issue
• Slope and involved homes constructed in 1975
• Due to unexpected water intrusion, the slope experienced movement in 2020
• Rainfall events over 2023/24 wet season has exacerbated the situation causing additional water to enter slope and cause additional movement
• To address the issue, a series of slope stability pins and grading activities are proposed to assist stabilizing the slope to prevent further movement until a permanent repair can be completed 4 5
6 DECLARATION OF LOCAL EMERGENCY
ITEM 1: LOCAL EMERGENCY SLOPE REPAIR
• Carlsbad Municipal Code Chapter 6.04 – City Manager is authorized to declare a local emergency when conditions exist that present extreme peril to the safety of persons or property within the city
• Declaration of Local Emergency must be ratified by the City Council within seven days
7 DECLARATION OF LOCAL EMERGENCY
ITEM 1: LOCAL EMERGENCY SLOPE REPAIR
• Immediate repairs are needed
• C
urrent project estimate $500,000 to $750,000
• Concurrent with larger slope repair – design and
environmental review
8 RECOMMENDED ACTION
• Adopt a resolution ratifying the Director of
Emergency Services’ proclamation of a
storm-related local emergency for repair of
the slope between El Camino Real and
Trieste Drive.
ITEM 1: LOCAL EMERGENCY SLOPE REPAIR