CA Review TL
Meeting Date: July 15, 2025
To: Mayor and City Council
From: Geoff Patnoe, City Manager
Staff Contact: Hossein Ajideh, Engineering Manager
[email protected], 442-339-2756
Subject: Termination of the Declaration of Existence of an Emergency Condition in the Kelly Drive Channel
District: 1
Recommended Action
Adopt a resolution terminating the declaration of the existence of an emergency condition in the Kelly Drive Channel.
Executive Summary
A portion of the concrete sidewall of the Kelly Drive Channel, a drainage channel west of the intersection of El Camino Real and Kelly Drive, was found to have failed and slipped into the channel in September 2024. Staff hired a contractor under an emergency repair contract to restore the failed portion of the embankment, but subsequent inspections revealed unseen and unexpected failures that posed a clear and imminent danger, with the risk of further erosion and undermining of the channel, that required additional immediate repair work.
In response, on April 29, 2025, the City Council declared the existence of an emergency condition (Resolution No. 2025-094) and authorized the City Manager to proceed with emergency repairs using expedited procurement procedures.
The work has been substantially completed and the emergency condition has been resolved.
The total cost of the emergency work, including construction management, was $352,252.
Staff are recommending the City Council terminate the declaration of the existence of an emergency condition in the Kelly Drive Channel.
Explanation & Analysis
Background
• The Kelly Drive Channel was constructed in the 1960s. (Exhibit 2 shows the channel’s location.) It required localized emergency repairs in 2010, 2018 and 2019 at separate locations.
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Docusign Envelope ID: 48AA4AAA-1667-4A1D-AD43-43EDC5ACF8EA
• Part of the concrete embankment was found to have fallen into the channel last September. This failure exposed the underlying material and increased the risk of erosion and undermining.
• The City Manager approved a contract with N.M.N. Construction, Inc. on Feb. 20, 2025, to perform the emergency repair for an amount not to exceed $97,000. This work was authorized by an emergency permit issued by the U.S. Army Corps of Engineers and in coordination with other regulatory agencies.
• The contractor began the repair work on March 25, 2025. Draining the area exposed additional failures that had not been anticipated, including a 13-foot-deep hole in the channel’s earthen bottom, beneath the failed concrete side section. These unseen and unexpected failures posed a clear and imminent danger, requiring additional immediate repair work to prevent further erosion damage, including filling the hole, stabilizing the channel and making structural repairs. This required the project to be expanded beyond the work described in the contract.
• Staff consulted with a geotechnical engineering firm to obtain an appropriate repair plan for the expanded project.
• On April 29, 2025, the City Council declared the existence of an emergency condition in the Kelly Drive Channel and authorized the City Manager to have the emergency repair performed as swiftly as possible using emergency construction procurement procedures rather than the formal bidding process (Resolution No. 2025-094). • The City Council continued the declaration of the existence of an emergency condition in the Kelly Drive Channel on May 13, 2025 (Resolution No. 2025-106), May 20, 2025 (Resolution No. 2025-113), June 10, 2025 (Resolution No. 2025-125), June 17, 2025 (Resolution No. 2025-135), and June 24, 2025 (Resolution No. 2025-154). • The city received two construction proposals for the revised repair plan, with LC Paving & Sealing, Inc. submitting the lowest responsive bid of $356,660. • After evaluation, staff selected LC Paving for the emergency repair based on its proposal and qualifications.
• On May 22, 2025, staff informed LC Paving to proceed with performing the emergency repair work, which started on June 9, 2025.
• The N.M.N. contract was terminated effective June 20, 2025. • LC Paving started work on June 9, 2025, and substantially completed the repair work on July 7, 2025.
Including construction management services, the emergency repair work final cost is $352,252.
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Docusign Envelope ID: 48AA4AAA-1667-4A1D-AD43-43EDC5ACF8EA
Emergency declaration
Public projects that cost more than $220,000 require formal bidding procedures under the California Uniform Public Construction Cost Accounting Act. However, those procedures can take up to six months and the failure in the channel required more immediate action to prevent or mitigate the loss or impairment of life, health, property or essential public services.
Carlsbad 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, Municipal Code Section 3.28.120 and Public Contract Code Section 22050 require the City Council to determine the existence of an emergency condition by a four-fifths vote. The City Manager may then immediately proceed with the repair work without following the formal bidding procedures.
The City Council determined the failure in the channel was an emergency condition on April 29, 2025 (Resolution No. 2025-094. The staff report that recommended that determination is provided as Exhibit 3). The City Council continued the declaration of emergency conditions on May 13, 2025, on May 20, 2025, on June 10, 2025, on June 17, 2025, and on June 24, 2025. (Resolution Nos. 2025-106, 2025-113, 2025-125, 2025-135, and 2025-154, respectively. The staff reports that recommended continuation are provided as Exhibits 4, 5, 6, 7 and 8.) Staff have also coordinated with regional environmental permitting agencies, including the U.S.
Army Corps of Engineers and the San Diego Regional Water Quality Control Board, on the project’s expanded scope.
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. No additional appropriation were needed.
Kelly Drive Channel Repair Project
Capital Improvement Program Project No. 6606
Total appropriation to date $3,641,000
Total expenditures and encumbrances to date -$785,807
Total available funding $2,855,193
Construction contract with L.C. Paving & Sealing, Inc. -$324,985 Construction management, inspection, material testing and support services -$27,267
Total construction costs -$352,252
Remaining balance after total estimated construction costs $2,502,941 Additional appropriation needed $0
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Docusign Envelope ID: 48AA4AAA-1667-4A1D-AD43-43EDC5ACF8EA Next Steps
Staff will close out the contract and prepare a notice of completion with LC Paving. Staff will complete a post-project report and submit it to the environmental permitting agencies.
Staff will also continue to work on a longer-term solution as part of the Kelly Drive Channel Repair Project, Capital Improvement Program Project No. 6606.
Environmental Evaluation
The proposed action is not a “project” as defined by CEQA Section 21065 and CEQA Guidelines Section 15378(a) and does not require environmental review under CEQA Guidelines Section 15060(c)(2) because the action is limited to terminating the declaration of the existence of an emergency condition. The action has no potential to cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.
Ex
hibits
1. City Council resolution
2. Location map
3. April 29, 2025, staff report (on file in the O ffice of the City Clerk)
4. May 13, 2025, staff report (on file in the Office of the City Clerk)
5. May 20, 2025, staff report (on file in the Office of the City Clerk)
6. June 10, 2025, staff report (on file in the Office of the City Clerk)
7. June 17, 2025, staff report (on file in the Office of the City Clerk)
8. June 24, 2025, staff report (on file in the Office of the City Clerk) July 15, 2025
Item #8 Page 4 of 14
Docusign Envelope ID: 48AA4AAA-1667-4A1D-AD43-43EDC5ACF8EA Exhibit 1
RESOLUTION NO. 2025-165
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, TERMINATING THE DECLARATION OF THE EXISTENCE OF
AN EMERGENCY CONDITION IN THE KELLY DRIVE CHANNEL
WHER
EAS, 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. 20, 2025, the City Manager approved a contract to perform the emergency repair with N.M.N. Construction, Inc., or N.M.N., in an amount not to exceed $97,000, which is below the threshold for formal bidding; and
WHEREAS, on March 25, 2025, N.M.N. 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 posed 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 exceeded the formal bidding threshold, and the formal bidding process could have taken up to six months; and WHEREAS, the expanded repair work required prompter action than formal bidding permits to prevent or mitigate the loss or impairment of life, health, property or essential public services; and WHEREAS, on April 29, 2025, the City Council adopted Resolution No. 2025 -094, 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; and WHEREAS, on May 13, 2025, May 20, 2025, June 10, 2025, June 17, 2025 , and June 24, 2025, the City Council adopted Resolution Nos. 2025 -106, 2025-113, 2025-125, 2025- 135, and 2025-154, respectively, continuing the declaration of the existence of an emergency condition in the Kelly Drive July 15, 2025
Item #8 Page 5 of 14
Docusign Envelope ID: 48AA4AAA-1667-4A1D-AD43-43EDC5ACF8EA Channel and continuing to authorize the City Manager to have the repair work performed without formal bidding; 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 these purposes without following formal bidding procedures; and WHEREAS, staff received contractor proposals and determined LC Paving & Sealing, Inc. , or LC Paving, was a responsible bidder with a responsive bid of $356,660; and WHEREAS, on May 22, 2025, staff notified LC Paving to perform the emergency repair work, which started on June 9, 2025, and was substantially completed on July 7, 2025; and WHEREAS, on June 20, 2025, the N.M.N. contract was terminated through a Mutual Rescission of Contract; and
WHEREAS, staff also engaged with the appropriate environmental permitting agencies, including the U.S. Army Corps of Engineers and the San Diego Regional Water Quality Control Board, to coordinate review and compliance with the revised project scope; and WHEREAS, the final expanded emergency repair cost is $352,252, 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 Project No. 6606; and WHEREAS, staff request that the City Council terminate the declaration of the existence of an emergency condition in the Kelly Drive Channel.
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 not a “project” as defined by CEQA Section 21065 and CEQA Guidelines Section 15378(a) and does not require environmental review under CEQA Guidelines Section 15060(c)(2) because the action is limited to terminating the declaration of the existence of an emergency condition. The action has no potential to July 15, 2025
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Docusign Envelope ID: 48AA4AAA-1667-4A1D-AD43-43EDC5ACF8EA cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.
3. That the City Council terminates the declaration of the existence of an emergency condition in the Kelly Drive Channel.
PASSED, APPR OVED AND ADOPTED at a Regular Meeting of the City Council of t he City of Ca rlsbad on the 15th day of July, 2025, by the following vote, to wit:
AYES: Blackburn, Bhat-Patel, Acosta, Burkholder, Shin.
NAYS: None.
ABSTAIN: None.
ABSENT: None.
_______
_______________________________
KEITH BLACKBURN, Mayor
_______
_______________________________
SHERRY FREISINGER, City Clerk
(SEAL)
July 15, 2025
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Docusign Envelope ID: 48AA4AAA-1667-4A1D-AD43-43EDC5ACF8EA
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 EXHIBIT
2 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
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Docusign Envelope ID: 48AA4AAA-1667-4A1D-AD43-43EDC5ACF8EA Exhibit 3
Apri
l 29, 2025, staff report
(on file in the Office of the City Clerk)
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Docusign Envelope ID: 48AA4AAA-1667-4A1D-AD43-43EDC5ACF8EA Exhibit 4
May
13, 2025, staff report
(on file in the Office of the City Clerk)
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Docusign Envelope ID: 48AA4AAA-1667-4A1D-AD43-43EDC5ACF8EA Exhibit 5
May
20, 2025, staff report
(on file in the Office of the City Clerk)
July 15, 2025
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Docusign Envelope ID: 48AA4AAA-1667-4A1D-AD43-43EDC5ACF8EA Exhibit 6
June
10, 2025, staff report
(on file in the Office of the City Clerk)
July 15, 2025
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Docusign Envelope ID: 48AA4AAA-1667-4A1D-AD43-43EDC5ACF8EA Exhibit 7
Ju
ne 17, 2025, staff report
(on file in the Office of the City Clerk)
July 15, 2025
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Docusign Envelope ID: 48AA4AAA-1667-4A1D-AD43-43EDC5ACF8EA Exhibit 8
June
24, 2025, staff report
(on file in the Office of the City Clerk)
July 15, 2025
Item #8 Page 14 of 14
Docusign Envelope ID: 48AA4AAA-1667-4A1D-AD43-43EDC5ACF8EA