REPORT TO COUNCIL
SUBJECT
Title
Receive a Report of an Emergency Repair Project to Reconstruct a Damaged Stormwater Outfall and Restore the Embankment of Stevens Creek at Mockingbird Lane. The Project is Urgent to Ensure Public Safety and the Operation of the Storm Drainage System (Policy SN-1.3).
Report
BACKGROUND
A series of severe winter storms occurring between December 2022 and March 2023 resulted in a significant erosion incident at the intersection of Stevens Creek and Mockingbird Lane on March 18, 2023. The erosion led to the loss of a stormwater outfall and a substantial section of the connected storm pipe. It also created a steep cliff beneath the dead-end roadway and damaged the asphalt above it. Figure 1 provides an overview of the site’s location, the extent of the impact, and image of the damage.
Recognizing the urgency of the situation, the City Manager declared a local emergency on March 30, 2023. The declaration was subsequently ratified by the City Council (Resolution RTC 23-0501) on April 4, 2023
Figure 1: Site Condition on March 21, 2023.
EXISTING POLICY
Policy SN-1.3 Operate and maintain the storm drainage system at a level to minimize damages and ensure public safety.
ENVIRONMENTAL REVIEW
In accordance with California Environmental Quality Act (CEQA) Section 15269 - Emergency Projects, and in recognition of the State's declaration of the winter storms in early 2023 as a disaster event under Disaster CA 23-3, this project is exempt from CEQA requirement. In particular, the project is exempt from CEQA requirements because it falls under the provision of 15269(a), "Project to maintain, repair, restore, demolish, or replace property or facilities damaged or destroyed as a result of a disaster in a disaster-stricken area, in which a state of emergency has been proclaimed by the Governor pursuant to the California Emergency Services Act…"
DISCUSSION
On March 21, 2023, staff contacted the City of Mountain View and Santa Clara Valley Water District (Valley Water) to clarify roles and responsibilities for the emergency repair work. The City of Mountain View confirmed that they own the site, while Valley Water confirmed that, although they hold the easement for that specific area, they are not obligated to undertake any repair work.
Following this, on April 4, 2023, staff met with the City of Mountain View and agreed on the following approach for repair:
1. The City of Sunnyvale will coordinate the emergency repair work, which consists of hiring a consulting engineer to design the repair, a consultant to provide regulatory permitting support, and a contractor to perform the construction work.
2. The scope of the emergency work will include restoring the eroded embankment and reconstructing the storm outfall.
3. The City of Sunnyvale will need to obtain an Excavation Permit from the City of Mountain View and an Encroachment Permit from Valley Water. Both agencies acknowledged the emergency nature of the project and have committed to expediting the process.
As of this report, the following tasks have been completed:
1. On March 27, staff installed filter fabric and rocks along the tributary channel - the former path of the storm pipe - to stabilize the toe of the damaged embankment. This was necessary to prevent the site from further erosion prior to an impending storm.
2. Staff retained the following consultants to provide permitting and design support:
a. Clearwater Hydrology (Clearwater) to provide design services for $42,328.
b. BAGG Engineers and Biggs Cardosa Associates to provide geotechnical engineering services for $3,796 and $3,600, respectively.
c. Environmental Science Associates (ESA) to provide regulatory permitting support for $8,601 and an optional biological construction monitoring services for $23,686, for a total not-to-exceed amount of $32,287.
3. Staff filed the following notifications and permit applications:
a. On April 10, staff filed an Emergency Notification with the U.S. Army Corps of Engineers (USACE). No further action is required at this time.
b. On April 11, staff filed a Notify for Emergency Work application with the California Department of Fish and Wildlife (CDFW) for the emergency stabilization work that took place on March 27. No further action is required at this time.
c. On April 11, staff filed an Encroachment Permit application with Valley Water. The permit application fee was $4,131. The permit was secured on August 7.
d. On April 14, staff initiated the filing of an Excavation Permit application with the City of Mountain View. Permit issuance is in progress, and the permit application fee is to be determined. A fee of $3,000 was used as a placeholder in the fiscal impact analysis.
e. On August 9, staff filed an Emergency Notification with CDFW for the emergency repair work that is anticipated to commence on or before September 1. No further action is required at this time.
f. On August 9, staff submitted a Notice of Intent (NOI) for the 2023 Statewide General Waste Discharge Requirements for Discharge of Dredged or Fill Material from Emergency Repair and Protection Activities to the State Water Resources Control Board (SWRCB). The filing fee was $2,734. No further action is required at this time.
4. On April 19, staff distributed the preliminary design plan to the City of Mountain View and Valley Water for review. Staff worked collaboratively with both agencies to address their review comments and subsequently completed the final design plan on August 3.
5. On August 3, staff distributed the final design plan to nine construction firms to solicit fee proposals for the repair work.
6. On August 9, staff received one proposal, submitted by Brannon Corporation, for a lump sum of $319,500.
The following tasks are scheduled to take place before October 15.
1. Coordinate with the City of Mountain View to secure the Excavation Permit.
2. Expedite the procurement process to award the contract to Brannon Corporation.
3. Commence construction on or before September 1.
4. Complete construction by October 15, before the onset of the next storm season.
FISCAL IMPACT
The estimated overall cost for this emergency repair project is approximately $411,376. A detailed breakdown of expenses on main tasks is outlined in the table below. Funds are assigned to Project 836140, Stormwater Outfall Emergency Repair.
The severe winter storms that occurred in early 2023 were designated a federal disaster under FEMA-4699-DR-CA: California Severe Winter Storms, Straight-line Winds, Flooding, Landslides, and Mudslides. Staff has submitted a Request for Public Assistance (RPA) to the Federal Emergency Management Agency (FEMA) seeking cost-sharing for eligible expenses related to this project. The RPA has been approved, and staff is working with FEMA to prepare and submit the required supporting documents.
|
Design: |
$42,328 |
|
Geotechnical Engineering Services: |
$7,396 |
|
Permitting Support: |
$32,287 |
|
Permitting Fees: |
$9,865 |
|
Construction: |
$319,500 |
|
Total Not-To-Exceed: |
$411,376 |
PUBLIC CONTACT
Public contact was made by posting the Council meeting agenda on the City's official-notice bulletin board at City Hall, at the Sunnyvale Public Library and in the Department of Public Safety Lobby. In addition, the agenda and this report are available at the NOVA Workforce Services reception desk located on the first floor of City Hall at 456 W. Olive Avenue (during normal business hours), and on the City's website.
RECOMMENDATION
Recommendation
Receive a Report of an Emergency Repair Project to reconstruct a damaged stormwater outfall and restore the embankment of Stevens Creek at Mockingbird Lane. The project is urgent to ensure public safety and the operation of the storm drainage system.
Staff
Prepared by: Winola Cheong, Senior Engineer, Environmental Services Department
Reviewed by: Ramana Chinnakotla, Director, Environmental Services Department
Reviewed by: Jaqui Guzmán, Deputy City Manager
Approved by: Kent Steffens, City Manager