CA Review CKM
Meeting Date: April 29, 2025
To: Mayor and City Council
From: Geoff Patnoe, City Manager
Staff Contact: Hossein Ajideh, Engineering Manager
[email protected], 442-339-2756
Subject: Declare the Existence of an Emergency Condition in the Kelly Drive Channel and Authorize Performance of Repair Work Without Formal Bidding
District: 1
Recommended Action
Adopt a resolution declaring the existence of an emergency condition in the Kelly Drive Channel and authorizing the City Manager to have the repair work performed without formal bidding.
Executive Summary
The
Kelly Drive Channel is a drainage facility located west of the intersection of El Camino Real and Kelly Drive. It was originally constructed in the 1960s and required localized emergency repairs in 2010, 2018 and 2019 at various separate locations. (Exhibit 2 shows the channel’s location.)
A portion of the concrete sidewall of a segment of the channel was found to have slipped into the channel in Se ptember 2024. This failure exposed the underlying material and increased the risk of erosion and undermining.
Staff inspected the site and subsequently initiated an emergency repair c ontract wit h a contractor to restore the failed portion of the channel embankment under an emergency permit i
ssued by the U.S. Army Corps of Engineers and in consultation with other regulatory agencies. The estimated cost of the repair work was below the formal bidding threshold of $220,000.
Draining the area exposed further unseen and unexpecte d failures, in cluding a 13-foot deep
hole at
the base of the earthen bottom of the failed concrete side section. These unseen and unexpected failures
pose a clear and imminent danger, requiring additional immediate repair work, including void backfill, channel stabilization and structural remediation. The estimate cost of this expanded repair work exceeds the formal bidding threshold.
The formal bidding process takes approximately four to six months. The e xpanded repair work requires
prompter action to prevent or mitigate the loss or impairment of life, health, property or essential public services.
April 29, 2025
Item #2 Page 1 of 8
Docusign Envelope ID: AD922467-4CF9-4E03-A796-3D112120EDAF
Carlsbad Municipal Code Section 3.28.110(A) implements California Public Contract Code Section 22035, which provides for an exemption from formal bidding procedures for emergency construction procurements. To use the emergency exemption, Carlsbad Municipal Code Section
3.28.120 and Public Contract Code Section 22050 require the City Council to determine the existence of the emergency condition by a four-fifths vote.1 The City Manager may then immediately proceed with the repair work without following the formal bidding procedures.
Staff are requesting that the City Council declare the existence of an emergency condition in the Kelly Drive Channel and authorize the City Manager to have the emergency repairs performed using emergency construction procurement procedures.
Explanation & Analysis
Overview
The Kelly Drive Channel consists of both earthen and concrete-lined segments and conveys stormwater in a westerly direction to the downstream Buena Vista Lagoon. The city has conducted three emergency repairs since 2010 in different segments of the channel. Each of these repairs was performed under authorization from U.S. Army Corps of Engineers under a regional permit.
The latest failure occurred in September 2024 at a different location within the channel, behind the property at 4866 Kelly Drive. A section of the concrete sidewall has slipped into the flowline, exposing the embankment material and increasing the risk of erosion. Following a site inspection, staff initiated an emergency repair.
Regulatory approvals
As part of this effort, staff coordinated with the appropriate regulatory agencies, the U.S. Army Corps of Engineers, California Department of Fish and Wildlife and the San Diego Regional Water Quality Control Board. Following these consultations:
• The Corps of Engineers issued authorization for the emergency work on Jan. 8, 2025 • The Water Quality Control Board issued a notice of intent to approve the work on Oct. 30, 2024
• Staff submitted an application to perform the emergency work to the Department of Fish and Wildlife on Oct. 30, 2024.
Bidding process
• The project was advertised for construction bids using the city’s informal bidding procedures on Jan. 14, 2025.
• Staff received 10 bids for construction of the repair project on Jan. 28, 2025. • Staff reviewed the contract documents and found that N.M.N. Construction, Inc. was a responsible bidder, with the lowest responsive bid in an amount not to exceed $97,000.
Construction projects that cost less than $220,000 can be awarded by the City Manager using informal bidding procedures under Municipal Code Section 3.28.080 – Construction Projects, subsections (B) and (H), which implement California Public Contract Code Section 22032.
1 Alternatively, the City Manager may declare a public emergency subject to confirmation by a four -fifths vote of the City Council at its next regular meeting. In this instance, staff were able to bring the item directly to the City Council for consideration.
April 29, 2025
Item #2 Page 2 of 8
Docusign Envelope ID: AD922467-4CF9-4E03-A796-3D112120EDAF
Expanded scope of work
The City Manager approved a contract to perform the emergency repair on Feb. 24, 2025, with N.M.N. Construction, Inc. in an amount not to exceed $97,000. On March 25, 2025, the contractor initiated the repair work and found additional failures within the channel bed, as detailed above, that needed to be addressed to prevent further erosion damage.
The original scope of work, which focused solely on the embankment concrete repair, was no longer an appropriate repair plan, since the newly identified hole in the channel must be repaired to ensure the channel’s long-term structural stability and prevent further failure. The scope of work needs to be expanded to include backfilling the hole, stabilizing the channel and structural work in addition to the embankment repair.
Staff consulted with a geotechnical engineering firm to provide an appropriate repair plan for the additional scope. The cost of the additional work is expected to be approximately $350,000, which ordinarily requires the use of formal bidding procedures. Because the need to complete the repair work is more urgent than the formal bidding procedures can accommodate, staff is requesting the determination of an emergency condition to allow the repair work to be completed without utilizing formal bidding procedures.
Fiscal Analysis
Sufficient funding is available for the work in the account for the Kelly Drive Channel Repair Project, Capital Improvement Program Project No. 6606, as shown in the table below, so staff are not requesting any additional appropriation.
Carlsbad Municipal Code Sections 3.28.040(C)(5) and 3.28.090(B) authorize the City Manager or designee to approve change orders in an amount equal to the contingency set at the time of the project is awarded, which for this project is $88,000.
Next Steps
Once the City Council determines the existence of an emergency condition in the Kelly Drive Channel and authorizes the City Manager to have the needed repair work performed using emergency procurement procedures, staff will obtain quotes from contractors that are qualified and available to perform the emergency work and the City Manager will award an Kelly Channel Drive Repair Project
Capital Improvement Program Project No. 6606
Total appropriation to date $3,641,000
Total expenditures and encumbrances to date -$726,547
Total available funding $2,914,453
Construction contract (estimated) -$350,000
Construction contingency (estimated) -$88,000
Construction management, inspection, material testing and support services (estimated) -$88,000
Total estimated construction costs -$526,000
Remaining balance after total estimated construction costs $2,388,453 Additional appropriation needed $0
April 29, 2025
Item #2 Page 3 of 8
Docusign Envelope ID: AD922467-4CF9-4E03-A796-3D112120EDAF
emergency repair contract. The repair is expected to start shortly afterward and be completed by mid-2025.
The City Manager will terminate the initial contract with N.M.N. Construction, Inc. upon award of the subsequent contract.
Staff will return to the City Council on May 13, 2025, 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 Eval uation
The proposed action is statutorily exempt from environmental review under California Environmental Quality Act Section 21080(b)(2) and (4) and CEQA Guidelines Section 15269(b)- (c), which apply to emergency repairs to publicly owned service facilities necessary to maintain service essential to the public health, safety or welfare and other specific actions necessary to prevent or mitigate an emergency.
Exhibits
1. City Council resolution
2. Location map
April 29, 2025
Item #2 Page 4 of 8
Docusign Envelope ID: AD922467-4CF9-4E03-A796-3D112120EDAF Exhibit 1
RESOLUTION NO. 2025-094
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA,
DECLARING THE EXISTENCE OF AN EMERGENCY CONDITION IN THE KELLY DRIVE
CHANNEL AND AUTHORIZING THE CITY MANAGER TO HAVE THE REPAIR WORK
PERFORMED WITHOUT FORMAL BIDDING
WHEREAS, the Kelly Drive Channel has required multiple localized emergency repairs since 2010 ; and
WHEREAS, in September 2024 , another failure occurred in a different segment of the channel where a portion of the concrete sidewall had slipped into the channel , which exposed the underlying material and increased the risk of erosion and undermining; and WHEREAS, staff inspected the site and subsequently initiated an emergency repair contract to restore the failed portion of the channel embankment through an emergency permit issued by the U.S.
Army Corps of Engineers and in consultation with other regulatory agencies; and WHEREAS, on Feb. 24, 2025, the City Manager approved a contract to perform the emergency repair with N.M.N. Construction, Inc. in an amount not to exceed $97,000, which is below the threshold for formal bidding; and
WHEREAS, on March 25, 2025, the contractor initiated the repair work with dewatering activities, exposing further unseen and unexpected failures within the channel bed, including a 13-foot deep void at the base of the earthen bottom of the failed concrete side section; and WHEREAS, these unseen and unexpected failures pose a clear and imminent danger, requiring additional, immediate repair work, including void backfill, channel stabilization and structural remediation, to ensure long-term structural stability and prevent further failures; and WHEREAS, the estimated cost of the expanded repair work exceeds the formal bidding threshold and the formal bidding process takes approximately four to six months; and WHEREAS, the expanded repair work requires prompter action than formal bidding permits to prevent or mitigate the loss or impairment of life, health, property or essential public services; and WHEREAS, in the case of an emergency, the Carlsbad Municipal Code, or CMC, Sections 3.28.110(A) and 3.28.120 and Public Contract Code Sections 22035 and 22050 allow the City Council by a four -fifths vote to authorize repair or replacement of a public facility, take any directly related and immediate action required by the emergency, and procure the necessary equipment, services and supplies for the se purposes without following formal bidding procedures; and April 29, 2025
Item #2 Page 5 of 8
Docusign Envelope ID: AD922467-4CF9-4E03-A796-3D112120EDAF WHEREAS, sta ff request that the City Council declare the existence of an emergency condition in the Kelly Creek Channel and authorize the City Manager to have the needed repair work performed using emergency procurement procedures; and
WHEREAS, the expanded emergency repair is estimated to cost approximately $3 50,000, not including contingency and other construction support costs; and WHEREAS, sufficient funding is available in the account for the Kelly Drive Channel Repair Project, Capital Improvement Program, or CIP, Project No. 6606; and WHEREAS, CMC Sections 3.28.040(C)(5) and 3.28.090(B) authorize the City Manager or designee to approve change orders in an amount equal to the contingency set at the time of project award, which for this project is estimated to be $88,000.
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 proposed action is statutorily exempt from environmental review under CEQA Section 21080(b)(2) and (4) and CEQA Guidelines Section 15269(b)-(c), which apply to emergency repairs to publicly owned service facilities necessary to maintain service essential to the public health, safety or welfare and other specific actions necessary to prevent or mitigate an emergency.
3. That the City Council declares the existence of an emergency condition in the Kelly Drive Channel.
4. That the City Manager is authorized to have the required emergency repairs performed, take any directly related and immediate action required by the emergency condition, and procure the necessary equipment, services, and supplies for these purposes, without following formal bidding procedures.
5. That the City Manager or designee is authorized to approve construction change orders up to $88,000 for the project.
6. That the City Manager or designee is authorized to sign all other documents necessary for regulatory compliance, to extend funding opportunities, or to otherwise implement and finalize the emergency repair work, all of which are subject to review and approval as to form by the City Attorney’s Office.
April 29, 2025
Item #2 Page 6 of 8
Docusign Envelope ID: AD922467-4CF9-4E03-A796-3D112120EDAF
7. That the City Manager is directed to return to the City Council at the next regularly scheduled City Council meeting for a determination by a four -fifths vote whether the emergency condition continues to exist.
PASSED,
APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad
on the 29th day of April, 2025, by the following vote, to wit:
A
YES: Blackburn, Bhat-Patel, Acosta, Burkholder, Shin.
NAYS: None.
ABSTAIN: None.
ABSENT: None.
__________________
____________________
KEITH BLACKBURN, Mayor
_______ _____________
__________________
SHERRY FREISINGER, City Clerk
April 29, 2025
Item #2 Page 7 of 8
Docusign Envelope ID: AD922467-4CF9-4E03-A796-3D112120EDAF
EL CAMINO REAL
PARK DR
KELLY DRAVILA AV
HILLSIDE DR
NEBLINA DR
CORDOBA PL
REFUGIO AV
LOMA LAGUNA DR
HIGH RIDGE AV
SEVILLA WY
REFUGIO AV
PROJECT NAME
KELLY DRIVE CHANNEL
EMERGENCY REPAIR
4866 KELLY DR
LOCATION MAP
CARLSBAD
VISTAOCEANSIDE
ENCINITAS
SAN MARCOS
Vicinity Map
SITE
³
NOT TO SCALE
³
NOT TO SCALE
PLOT DATE: 4/21/2025 PATH: T:\David_Edwards\LocationMap\KellyChannel\KellyChannel.mxdAuthor: Andy Chang
PROJECT SITE
Exhibit 2
April 29, 2025
Item #2 Page 8 of 8
Docusign Envelope ID: AD922467-4CF9-4E03-A796-3D112120EDAF ~
Declare Existence of Emergency
Condition in Kelly Dr Channel
Hossein Ajideh, Engineering Manager
David Edwards, Senior Engineer
April 29, 2025
C cityof
Carlsbad
2 RECOMMENDED ACTION
EMERGENCY CONDITION – KELLY DR CHANNEL
Adopt a resolution declaring the existence of an
emergency condition in the Kelly Drive Channel
and authorizing the City Manager to have repair
work performed without formal bidding.
C cityof
Carlsbad
3 LATE 2024 – EXISTING
CONDITIONS
EMERGENCY CONDITION – KELLY DR CHANNEL
C cityof
Carlsbad
4 FACING DOWNSTREAM
SEPTEMBER 2024
EMERGENCY CONDITION – KELLY DR CHANNEL
5 FACING UPSTREAM
SEPTEMBER 2024
EMERGENCY CONDITION – KELLY DR CHANNEL
6 ACTIONS TAKEN
EMERGENCY CONDITION – KELLY DR CHANNEL
• Coordinated with resource agency’s
- Obtained US Army Corps (RGP 63) permit
- Regional Water Quality Control Board - Notice of Intend - California Department of Fish & Wildlife
• Advertised project for construction bid
• N.M.N. was the responsive & responsible lowest bidder • City Manager approved contract ($97,000) - 2/24/25
• Dewatering activity identified further channel failure C cityof
Carlsbad
7 SIDE CHANNEL CONCRETE
REPAIRS BEGIN
MARCH 2025
EMERGENCY CONDITION – KELLY DR CHANNEL
C cityof
Carlsbad
8 CHANNEL SCOUR VOID DISCOVERED
MARCH 2025
EMERGENCY CONDITION – KELLY DR CHANNEL
9 PROPOSED REPAIR PLAN
EMERGENCY CONDITION – KELLY DR CHANNEL
• COST ESTIMATE
• Co
nstruction: $350,000
• CM&I: $90,000
• Contingency: $88,000
2: 1 SLOPE
1.5: 1 SLOPE EXISTING GRADE
PROPOSED GRADE
EXISTING GROUND
10 NEXT STEPS
EMERGENCY CONDITION – KELLY DR CHANNEL
• Obtain quotes from contractors
• Termina
te previous contract
• Award emergency repair contract
• Start work by mid-2025
• Complete project by June/July 2025
{'city of
Carlsbad
11 RECOMMENDED ACTION
EMERGENCY CONDITION – KELLY DR CHANNEL
Adopt a resolution declaring the existence of an
emergency condition in the Kelly Drive Channel
and authorizing the City Manager to have repair
work performed without formal bidding.
C cityof
Carlsbad
12 THANK YOU
LOCAL EMERGENCY – BUENA VISTA CHANNEL
C cityof
Carlsbad