CA Review CKM
Meeting Date: Feb. 27, 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: Continuation of 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 continuing the proclamation of a storm-related local emergency for repair of the slope between El Camino Real and Trieste Drive.
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 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.
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, 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.
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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 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, the City Engineer recommended 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 allows the city to procure a contractor to perform the necessary emergency repair work to prevent or mitigate loss of, or damage to, property, essential public services, and the environment.
Upon proclamation of the emergency, the consultant met with contractors to check on availability and capabilities to perform the emergency work, which is estimated to cost approximately $920,000. Staff will then issue a notice to proceed to a contractor to perform the work.
Fiscal An alysis
No additional appropriations are needed at this time. Funding for the estimate of up to $1,288,000 for the emergency work will come from the funding in the General Capital Construction Fund 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 confirm the continuation of 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.
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) -$920,000
Design and administrative costs (5%) -$46,000
Construction management and inspection (10%) -$92,000
Construction contingency (25%) -$230,000
Total estimated project costs -$1,288,000
Remaining balance after total estimated project costs $735,626 Additional appropriation needed $0
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Next Steps
Upon confirmation of a contractor’s availability and capabilities for the emergency work, staff will authorize the contractor to proceed with performing the emergency work. Staff will then begin preparing the emergency contract, which will be presented for ratification to the City Council at a future date.
Staff will return to the City Council again on March 12, 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. Proclamation of a Storm-related Local Emergency dated Feb. 14, 2024
3. Location map
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RESOLUTION NO. 2024-037
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 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; a.nd
·- WHERl:ÅS, conditi9ns or th-reatened �onditions· of extreme peril to the safety of persons and·. . . • pr6perfy ha·ve årisen withiri the City of C�rlsbad caused by unexpected slope mqvement with potential to affect nearby property, infrastructur_e 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.ll0(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 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, Pubfic 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
Exhibit 1
Feb. 27, 2024 Item #5 Page 4 of 8
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 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 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 continued.
PASSED, APPROVED AND ADOPTED at a. Regular Meeting of the City Council of the City of Carlsba·d on the 27th 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, Ci�y Clerk
(SEAL)
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Feb. 27, 2024
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