DATE: December 10, 2019
SUBJECT: EMERGENCY SINKHOLE REPAIR AT PEPPER PARK IN NATIONAL CITY
Title
RESOLUTION BY A 4/5 VOTE RATIFYING THE EXECUTIVE DIRECTOR’S EMERGENCY DECLARATION AND AUTHORIZING CONTINUED ACTION FOR THE EMERGENCY SINKHOLE REPAIR AT PEPPER PARK IN NATIONAL CITY INCLUDING PROCUREMENT OF A CONTRACTOR TO IDENTIFY THE CAUSE OF UNDERGROUND FAILURE, DETERMINE THE SEVERITY OF THE DAMAGE, AND MAKE REPAIRS.
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EXECUTIVE SUMMARY:
After a series of storm events and surge of high tides beginning November 26, 2019, a sinkhole was discovered at Pepper Park on Saturday, November 30, 2019. The sinkhole was observed to be approximately 5 feet deep, 3 to 4 feet wide at the surface and 6 feet wide at the bottom. Since the sinkhole is located in an area of the park that is highly used by the public and in anticipation of future storm events, urgent investigations and repairs to the site were required to prevent further damage to District property. The scope of work necessary to excavate, dewater, investigate, and repair the damage would exceed the capacity of General Services and is projected to exceed staff’s direct negotiating limits of $60,000 pursuant to California Public Contracting Code. Therefore, a declaration of emergency was necessary in order to execute the exigent repair work.
Pursuant to Public Contracting Code Section 22035 and 22050, Section 58 of the Port Act, and Board Resolution 2000-03, the Executive Director declared an emergency on Monday, December 2, 2019. This authorized the immediate execution of contracts to repair the damage to protect District-owned property. The declaration of an emergency waives the necessity of formal bidding procedures as otherwise required by the State of California Public Contract Code. The Board is requested to consider this action. Pursuant to Board Resolution 2000-03, a 4/5 affirmative vote is required.
RECOMMENDATION:
Recommendation
Adopt a Resolution by a 4/5 vote ratifying the Executive Director’s emergency declaration and authorizing continued action for the Emergency Sinkhole Repair at Pepper Park including procurement of a contractor to identify the cause of underground failure, determine the severity of the damage, and make repairs to the storm drain.
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FISCAL IMPACT:
This expenditure was not anticipated as a part of the FY 2020 Major Maintenance Program. As work progresses and total costs are determined, staff will take the appropriate action to transfer funds into the project.
Compass Strategic Goals:
This agenda item supports the following Strategic Goal(s).
• A vibrant waterfront destination where residents and visitors converge.
• A Port that is a safe place to visit, work and play.
DISCUSSION:
After a series of storm events and surge of high tides beginning November 26, 2019, a sinkhole was discovered at Pepper Park on Saturday, November 30, 2019. The sinkhole was observed to be 5 feet deep, 3 to 4 feet wide at the surface and 6 feet wide at the bottom. Since the sinkhole is located in an area of the park that is highly used by the public and in anticipation of future storm events, urgent investigations and repairs to the site were required to prevent further damage to District property. A site investigation was undertaken to identify the cause of underground failure and determine the severity and extent of the damage. The area was secured by General Services (GS) with barricades, caution/hazard tape, and temporary fencing to include the playground for safety purposes.
The scope of work necessary to excavate, dewater, investigate, and repair the damage would exceed General Services’ capacities, and is protected to exceed staff’s direct negotiating limits of $60,000 pursuant to California Public Contracting Code. Therefore, a declaration of emergency was necessary in order to execute the exigent repair work.
Pursuant to Public Contracting Code Section 22035 and 22050, Section 58 of the Port Act, and Board Resolution 2000-03, the Executive Director declared an emergency on Monday, December 2, 2019. This declaration authorized the immediate execution of contracts to repair the damage.
Engineering staff has engaged a contractor, Cass Arrieta, to perform a camera investigation on a suspected failed storm drain to identify the cause and exact location of underground failure and determine the severity and extent of the damage. Under close oversight by District staff, the contractor is currently proceeding to execute the appropriate repair.
Public Contracting Code Section 22035 and 22050, Section 58 of the Port Act, and Board Resolution 2000-03 requires that the Board review actions exercised by the Executive Director pursuant to a declaration of emergency and authorize continued action. The recommended action complies with that requirement. A four-fifths (4/5) vote is required pursuant to Board Resolution 2000-03 to ratify the Executive Director’s emergency declaration.
General Counsel’s Comments:
The General Counsel’s Office has reviewed the agenda sheet and attachments, as presented to it, and approves them as to form and legality.
Environmental Review:
The proposed Board action, including without limitation, a resolution ratifying the Executive Director’s emergency declaration and authorizing continued action for the emergency sinkhole repair at Pepper Park, including procurement of a contractor to identify the cause of underground failure, determine the severity of damage, and make repairs, is Statutorily Exempt pursuant to California Environmental Quality Act (CEQA) Guidelines Sections 15269 (Emergency Projects) and/or Section 2.f of the District’s Guidelines for compliance with CEQA because the project in question would consist of emergency excavation, dewatering, investigation, and repair of a public facility, namely a failed storm drain and resulting sinkhole, to maintain service essential to public health and safety. In addition, the proposed Board action is Categorically Exempt pursuant to CEQA Guidelines Section 15301 (Existing Facilities) and/or 3.a of the District’s Guidelines for compliance with CEQA as it would consist of repairs to an existing public facility that would involve no expansion of use beyond that previously existing. The District has determined none of the six exceptions to the use of a categorical exemption apply to this project (CEQA Guidelines Section 15300.2). No further action under CEQA is required.
The proposed Board action complies with sections 21, 35, 58, 81, and 87 of the Port Act, which allow the Board to pass resolutions, to do all acts necessary and convenient for the exercise of its powers, and in the case of an emergency, to suspend, modify, or amend any rule or regulation of the Board, or to place in effect any emergency rule or regulation, for periods not exceeding thirty (30) days, for the use of funds for the expenses of conducting the District, and for the use of tidelands for the construction, reconstruction, repair, maintenance, and operation of public buildings, public assembly and meeting places, convention centers, parks, playgrounds, bathhouses and bathing facilities, recreation and fishing piers, public recreation facilities, including, but not limited to, public golf courses, and for all works, buildings, facilities, utilities, structures, and appliances incidental, necessary, or convenient for the promotion and accommodation of any of those uses. The Port Act was enacted by the California Legislature and is consistent with the Public Trust Doctrine. Consequently, the proposed Board action is consistent with the Public Trust Doctrine.
The proposed Board action is considered “emergency development” pursuant to Section 7.d (2) (Emergency Development) of the District’s Coastal Development Permit Regulations. The Executive Director granted an emergency permit for the development on December 3, 2019, pursuant to Section 9.d of the District’s Coastal Development Permit Regulations, finding that (1) an emergency existed and required action more quickly than permitted by the procedures for permits and (2) the work proposed was consistent with the certified Port Master Plan and of a temporary nature. No further action under the Coastal Act is required.
Equal Opportunity Program:
Not Applicable.
PREPARED BY:
Noemi Aquino, P.E.
Associate Engineer, Engineering-Construction
Attachment(s):
Attachment A: Photographs
Attachment B: Memorandum on the Confirmation of Declared Emergency to Repair Sinkhole at Pepper Park in National City, CA
Attachment C: Resolution 2000-03