Meeting Date: March 26, 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.
On Feb. 27, 2024, the City Council continued the emergency proclamation. 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. On March 19, 2024, the City Council continued the emergency proclamation again. Staff are requesting that the City Council continue the emergency proclamation again to complete the work.
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 cost approximately $3 million. 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 March 26, 2024
Item #7 Page 1 of 10
CA Review GH
procedures for emergency construction procurements. The emergency proclamation allows the city to use the emergency exemption. However, California 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 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 completed emergency protective measures at a cost of $5,774, which included debris removal and placement of 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 has recommended performing the additional final repairs at the same time as the emergency work.
The contractor Condon-Johnson’s estimate increased to $2,087,090 for the total cost, which includes the initial estimate of $870,990 for installation of 26 emergency shore stability pins, which stabilize the slope, and $1,216,100 for installation of an additional row of 28 shore stability pins and other more permanent repairs such as grading and re-compaction of the slope within the repair area.
On 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 May 17, 2024.
March 26, 2024
Item #7 Page 2 of 10
On 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.
Fisc
al 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.
This emergency work could qualify 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 almost $3 million.
Recommendation
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.
Next Steps
The contractor has begun performing the emergency work with an estimated completion date of May 17, 2024. On March 11, 2024, the contractor, Condon-Johnson, signed the initial emergency contract for an estimated $870,990 and staff are preparing a change order for the 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 -$2,087,090 Design and administrative costs (approximately 5%) -$104,400 Construction management and inspection (estimated) -$208,700 Environmental monitoring (estimated) -$50,000
Construction contingency (25%) -$521,800
Total estimated emergency Capital Improvement Program project costs -$2,971,990 Emergency protective measures – Urban Corps -$905
Staff labor and materials costs -$4,869
Total estimated emergency protective measures costs -$5,774 Remaining balance $862
March 26, 2024
Item #7 Page 3 of 10
additional emergency work for a revised total of $2,087,090, which will be presented to the City Council for ratification at a future date.
Staff will return to the City Council again on April 9, 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 Evalu ation
The project was determined to be exempt from the California Environmental Quality Act 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 Jan. 25, 2023.
Ex
hibits
1. City Council resolution
2. Proclamation of a storm-related local emergency, dated Feb. 14, 2024
3. Location map
March 26, 2024
Item #7 Page 4 of 10
RESOLUTION NO. 2024-060
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 storm s caused by the atmospheric river and proclaimed a state of emergency to make additional resource s 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 person s and property have arisen within the City of Carlsbad caused by an unexpected slope movement with potential to affect nearby property, infra structure 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 procedure s 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-fifth s 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 environm ent; and March 26, 2024
Item #7 Page 5 of 10
Exhibit 1
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 appropriation s in the amount of $955,000; and WHEREAS, on March 19, 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, a contractor commenced the emergency work on March 12, 2024, and is expected to complete the work by May 17, 2024; and
WHEREAS, staff request that the City Council continue the emergency proclamation again to enable completion of the work; and
WHEREAS, 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-fifth s vote , whether thi s 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 Guideline s, which applies to proj ects for restoration or rehabilitation of deteriorated or damaged structure s, and the addition of safety or health protection devices; and
WHEREAS, none of the exception s to the CEQA exemption applied to the project and a Notic e of Exemption was fil ed on Jan. 25, 2023.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California , as follow s:
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 .
March 26, 2024
Item #7 Page 6 of 10
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 26th day of March, 2024, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA.
NONE.
NONE.
NONE.
SHERRY FREISINGER, City Clerk
(SEAL)
March 26, 2024
Item #7 Page 7 of 10
March 26, 2024
Item #7 Page 8 of 10
March 26, 2024
Item #7 Page 9 of 10
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
March 26, 2024
Item #7 Page 10 of 10