CA Review GH
Meeting Date: July 16, 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: Termination 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 terminating 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 the 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. • The City Council continued the emergency proclamation on Feb. 27, 2024. • The City Council continued the emergency proclamation again on March 12, 2024, approving the plans for the repair work and authorizing additional appropriations in the amount of $955,000.
• The City Council continued the emergency proclamation on March 19, 2024, March 26, 2024, April 9, 2024, April 16, 2024, April 23, 2024, May 7, 2024, May 14, 2024, May 21, 2024, June 11, 2024, and June 18, 2024.
• The City Council continued the emergency proclamation again on June 25, 2024, and authorized additional appropriations in the amount of $453,000.
The necessary slope repairs were completed on July 12, 2024, and staff are recommending that the City Council terminate the proclamation of the storm-related local emergency.
July 16, 2024
Item #8 Page 1 of 9
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), experienced soil movement. The city had 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 severe storms created additional fissures in the soil that needed 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 allowed 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.
The city and its contractors completed emergency protective measures at a cost of $5,774 and the rest of the repairs were completed on July 12, 2024. The total cost of the repairs, including slope stabilization and additional work, was $3,431,103, as detailed below. Staff recommend that the City Council terminate the emergency proclamation.
Fiscal Analysis
Funding for the emergency work in the amount of $3,431,103 came from the funding in the General Capital Construction Fund for Capital Improvement Program Project No. 6107.
Next Steps
Staff will continue to inspect the site during and after any future rain events and respond appropriately.
Trieste Drive Slope Repair Project
Capital Improvement Program Project No. 6107
Total appropriated funds to date $3,770,600
Total expenditures and encumbrances to date -$338,974
Total available funding $3,431,626
Emergency work (slope repair) – Condon-Johnson & Associates, Inc. -$2,980,159 Design and administrative costs – Engineering Systems, Inc. -$190,250 Construction management – Infrastructure Engineering Corporation -$78,320 Special inspection – Leighton Consulting, Inc. -$126,600 Environmental monitoring (estimated) – LSA -$50,000
Construction contingency balance -$0
Total estimated emergency Capital Improvement Program project costs -$3,425,329 Emergency protective measures - Urban Corps -$905
Staff labor and materials costs -$4,869
Total estimated emergency protective measures costs -$5,774 Total estimated project costs -$3,431,103
July 16, 2024
Item #8 Page 2 of 9
Environmental Evaluation
The project was determined to be exempt from the California Environmental Quality Act under Sections 15301(d) and 15301(f) of the CEQA Guidelines, which apply to projects for the 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.
Exhibits
1. City Council resolution
2. Proclamation of a storm-related local emergency, dated Feb. 14, 2024
3. Location map
July 16, 2024
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Exhibit 1
July 16,2024
Item #8 Page 4 of 9
RESOLUTION NO. 2024-174
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, TERMINATING 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 condition s of extreme peril existed 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; and
WHEREAS, conditions or threatened condition s of extreme peril to the safety of persons and property arose 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.ll0(A) implements Public Contract Code Section 22035 and provide s 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 thi s 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 enviro nment; and WHEREAS, on Feb. 27, 2024, the City Council continued the emergency proclamation ; and July 16,2024
Item #8 Page 5 of 9
WHEREAS, 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; and WHEREAS, on March 19, 2024, March 26, 2024, April 9, 2024, April 16, 2024, April 23, 2024, May 7, 2024, May 14, 2024, May 21, 2024, June 11, 2024, and June 18, 2024, the City Council continued the emergency proclamation again; and
WHEREAS, on June 25, 2024, the City Council continued the emergency proclamation again and authorized additional appropriations in the amount of $453,000; 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, the total cost of the emergency work, including emergency protective measures, is $3,431,103; and
WHEREAS, a contractor commenced the emergency work on March 12, 2024, and completed the emergency work on July 12, 2024; and
WHEREAS, staff now request that the City Council terminate the proclamation of a local emergency; 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 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 Jan. 25, 2023.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California , as follows :
1. 2.
That the above recitation s are true and correct.
That the Proclamation of a Storm-related Local Emergency for repair of the slope near El Camino Real and Trieste Drive is terminated .
July 16,2024
Item #8 Page 6 of 9
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carl sbad on the 16th day of J!!ly, 2024, by the following vote , to wit:
AYES: BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER.
NAYS: NONE.
ABSTAIN:
ABSENT:
NONE.
LUNA.
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)
July 16, 2024
Item #8 Page 7 of 9
~ Proclamation of
.:, Local Emergency
Exhibi t 2
City Hall
1200 Carlsbad Village Drive
Carlsbad, CA 92008
FOR STORM-RELATED EMERGENCY PROTECTION ACTIVITIES TO REPAIR A SLOPE BETWEEN EL
CAMINO REAL AND TRIESTE 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; and 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.lO0(A)(l), empowers the City Manager, as the City of Carlsbad's 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 cont ract; and
WHEREAS, the repair 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; and WHEREAS, none of the exceptions to the CEQA exemption applied to the project and a Notice of Exemption was filed on Jan. 25, 2023; and
WHEREAS, the Director of Emergency Services finds :
1. The National Weather Service 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 in early February.
2. Conditions of extreme peril to the safety of persons and property have arisen within the City of Carlsbad caused by the powerful, slow-moving atmospheric river in early February, requiring immediate action to prevent or mitigate the loss or impairment of life, health, and property.
July 16, 2024
Item #8 Page 8 of 9
Local Emergency - REPAIR OF THE SLOPE BETWEEN EL CAMINO REAL AND TRIESTE DRIVE
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 a·mount of rainfall including a severe rainstorm which 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 average wet month and rivals the rainfall needed to spur a 100-year flood event.
4. On Jan. 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 conditions of the early February 2024 storms, in addition to the impacts of the January Storm, created an emergency condition on a slope that is located between El Camino Real and Trieste Drive, generally behind the backyards of four residential properties that front onto Trieste Drive (4215 - 4245 Trieste Drive) causing rapid slope movement and additional fissures in the soil that warrant immediate emergency repair.
6. That the City Council of the City of Carlsbad 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 meeting, a local emergency now exists in the City of Carlsbad, California, on a 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).
IT IS FURTHER PROCLAIMED AND ORDE D that, under California Public Contract Code Section 22050 and Carlsbad Municipal Code cti ns 3.28.llO(A) and 3.28.120, city staff may proceed at once to obtain the necessary pe mits, quipment, services, and supplies to repair the slope between El Camino Real and Trieste Dn enerally behind the backyards of four residential properties that front onto Trieste Driv - 4245 Trieste Drive), without giving notice for bids to let contracts.
Dated: \4r~
SCOTT CHADWICK
City Manager/Director of Emergency Services
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July 16, 2024
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