CA Review GH
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: Ending the Feb. 8, 2024, 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 terminating the proclamation of a storm-related local emergency for repair of a storm drain pipeline on Carlsbad Village Drive near Pontiac Drive that was issued on Feb. 8, 2024, and ratified by the City Council on Feb. 13, 2024.
Executive Summary
City staff investigated a report of erosion on Carlsbad Village Drive near Pontiac Drive on Feb. 6, 2024. Staff determined the cause of the erosion was the separation of a 24-inch reinforced concrete storm drain pipeline due to multiple short-duration, high-intensity rainfalls, which caused debris flows and the possible intrusion of tree roots, compromising the pipeline.
The damaged pipeline threatened the integrity of the roadway above the pipeline. Exhibit 3 shows the location of the pipeline.
On Feb. 8, 2024, the Acting City Manager, in his role as Acting Director of Emergency Services, proclaimed a local emergency, as shown in Exhibit 2, to expedite the repair of the pipeline. On Feb. 13, 2024, the City Council ratified the emergency proclamation so that the repair project could continue to be exempted from the city’s normal bidding procedures and the necessary repairs could be completed as swiftly as possible. Now that the emergency work has been completed, staff recommend that the City Council terminate the emergency proclamation for the storm drain pipeline on Carlsbad Village Drive.
Explanation & Analysis
After staff were notified of the potential erosion on Feb. 6, 2024, they placed sandbags and took other interim protective measures in the area of the storm drain pipeline, 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 Feb. 27, 2024
Item #6 Page 1 of 8
of Emergency Services subsequently proclaiming a local emergency on Feb. 8, 2024, that was later ratified on Feb. 13, 2024, by the City Council.
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.
Staff issued a notice to proceed to the contractor, Planes, Boats & Automobiles, Ltd., on Feb. 12, 2024. The contractor started on-site work on Feb. 12, 2024, and completed the work on Feb. 13, 2024. Because of staff’s prompt response, no contingency was needed, and the work was completed for a total of $20,000.
Fiscal Analysis
The repair project was funded from the fiscal year 2023-24 capital budget, specifically 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.
Next Steps
Staff will continue to inspect the site during and after any future rain events and respond appropriately.
Environmental Evaluation
The project has been determined to be exempt from the California Environmental Quality Act, or CEQA, 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
Carlsbad Village Drive Storm Drain Pipeline Repair
Repair contract – Planes, Boats & Automobiles, Ltd. $20,000 Total estimated project costs $20,000
Feb. 27, 2024
Item #6 Page 2 of 8
RESOLUTION NO. 2024-038
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, TERMINATING THE PROCLAMATION OF A STORM-RELATED
LOCAL EMERGENCY FOR REPAIR OF A STORM DRAIN PIPELINE ON CARLSBAD
VILLAGE DRIVE NEAR PONTIAC 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 an 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 occurred within the City of Carlsbad because of a powerful, slow moving, atmospheric river that caused debris flows and unusually large volumes of water to flow through the pipeline during periods of intense rainfall, which, in part, separated a 24-inch 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 fa i led storm drain pipeline; and WHEREAS, Carlsbad Municipal Code, or CMC, Section 3.28.110(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 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 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, on Feb. 13, 2024, the City Council ratified 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 appeared to be caused by a failed Exhibit 1
Feb. 27, 2024
Item #6 Page 3 of 8
pipeline located in the city right-of-way, which threatened to undermine a critical roadway and immediate repairs were needed to prevent roadway failure and additional slope erosion; and WHEREAS, staff issued a notice to proceed to the contractor, Planes, Boats & Automobiles, Ltd., on Feb. 12, 2024; and
WHEREAS, the contractor commenced work on Feb. 12, 2024, and completed the work on Feb. 14, 2024, in the amount of $20,000; and
WHEREAS, the Deputy City Manager for Public Works issued a minor public works contract on Feb. 13, 2024, in the amount of $24,000, which included construction contingency and was within the City Manager's authority per Carlsbad Municipal Code Section 3.28.080 - Construction Projects, suhsections (B) and {H), which implement California Public Contract Code Section 22032; and • · WHER�AS, under California Public Resources Code Section. 21080(b)(3) and Titfe 14, Section 15269 of the California Code of Regulations, the requirements of the California Environmenta_l Quality Aet do not apply to projeds undertaken, carried out, or approved by a public agency to maintain, repair,
restore, demolish, or replace property or facilities damaged or destroyed as a resu!t 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/ar 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 Feb. 8, 2024, Proclamation of a Local Emergency for repair of a storm drain pipeline on Carlsbad Village Drive near Pontiac Drive is terminated.
Feb. 27, 2024
Item #6 Page 4 of 8
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad 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
� (lJov �
SHERRY FREISINGER, City Clerk
(SEAL)
Feb. 27, 2024
Item #6 Page 5 of 8
FOR STORM-RELATED EMERGENCY PROTECTION ACTIVITIES TO REPAIR A STORM DRAIN
PIPELINE ON CARLSBAD VILLAGE DRIVE NEAR PONTIAC DRIVE
WHEREA
S, 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.
WHE
REAS, 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 WHE
REAS, 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
WHE
REAS, 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
WHEREA
S, 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
WHE
REAS, 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. 27, 2024
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Feb. 27, 2024
Item #6 Page 7 of 8
OLYMPIA DR
AMES
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WILSHIRE AV
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LAKEWOOD ST
ATHENS AV
KINGSTON ST
HAVERHILL ST
LAREDO ST
CORVALLIS STTOPEKA ST
PONTIAC DR
CARLSBAD VILLAGE DR
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
3 REPAIR OF A STORM DRAIN PIPELINE ON
CARLSBAD VILLAGE DRIVE NEAR PONTIAC DRIVE
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Feb. 27, 2024
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