HomeMy WebLinkAbout2005-03-18; City Council; Resolution 2005-089RESOLUTION NO. 2005- 089
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, DECLARING ABATEMENT OF
IMPENDING PERIL AND AUTHORIZING IMMEDIATE
EXPENDITURE OF PUBLIC MONEY TO SAFEGUARD
LIFE, HEALTH OR PROPERTY
WHEREAS, on March 15, 2005, the City Council of the City of Carlsbad
ratified a Declaration of Local Emergency by the City Manager made on February 23,
2005 and March 8,2005 and proclaimed a local emergency as a result of
circumstances caused by the extreme rains and earth movement in the City of
Carlsbad; and
WHEREAS, in light of the proclamation, California Government Code
Sections 865 et seq. provide that a local public entity is not liable for damages or injury
to persons or property resulting from the impending peril of earth movement or from any
action taken by the local public entity to abate such peril provided the legislative body of
the local public entity has, on the basis of expert opinion or other reasonable basis,
done all of the following:
1.
2.
Found the existence of such impending peril;
Determined appropriate remedial action to halt, stabilize or abate
such impending peril;
3. Undertaken to implement such remedial action; and
WHEREAS, City staff has been observing and monitoring the earth
movement and instability below Old Rancho Santa Fe Road and behind the homes on
7550,7551 and 7552 Agua Duke Court in the City of Carlsbad (Old Rancho Santa Fe
Road Slide Area), which instability has become manifest and quite pronounced as a
result of the severe storm conditions and heavy rainfalls during the recent winter storms
and has hired a geotechnical expert Van Olin, of Testing Engineers - US Labs
("Consultant"), to assist and guide the City in assessing the danger of this affected area,
part of which is held in private ownership and in developing recommendations as to
mitigation measures that should be put in place to attempt to mitigate loss of the hillside
and therefore potential damage to property and injury to persons in and around the
affected area; and
WHEREAS, City staff and the Consultant have observed substantial earth
movement in the Old Rancho Santa Fe Slide Area in recent weeks as a result of the
heavy rain storms and this earth movement has caused damage to Old Rancho Santa
Fe Road and to various utilities in the affected area; and
WHEREAS, in view of the prediction of storms in the next few days and
potential damage to the residences, the City staff, upon the recommendation and
opinion of its Consultant, has determined that certain remedial actions must be taken
forthwith to stabilize the slope and prevent further damage; and
WHEREAS, the City Council desires to facilitate the execution of such
remedial measures and in so doing finds it necessary to declare the condition of the Old
Rancho Santa Fe Slide Area an impending peril which must be abated so as to fall
within the statutory protections and immunities offered by Government Code Sections
865 et seq.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The above recitations are true and correct.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2. The City Council of the City of Carlsbad, based upon the opinion and
recommendation of its Consultant as well as the City staffs knowledge, experience and
observations of the affected area, hereby declares and finds the following:
A. The existence of an impending peril to persons or property
as a result of earth movement in the vicinity of the Old Rancho Santa Fe Road Slide
Area;
B. The necessity for immediate and appropriate remedial action
to halt, stabilize or abate such impending peril; and
C. The necessity to undertake to have such remedial action
implemented, with the remedial work prosecuted by the City with anticipated
reimbursement from other affected agencies and the owners of property on which the
work is undertaken; and
3. That this declaration of impending peril and abatement thereof is
enacted in accordance with California Government Code Sections 865, 866 and 867.
4. When, in the opinion of the City Manager there are sufficient parties
which have agreed to participate in the ultimate costs of this project, then the City
Manager is authorized to award contracts for said abatement and issue the Notice to
Proceed, and the City Council authorizes the appropriation of up to $500,000 from its
contingency account for this abatement. The City Manager shall make a final
accounting of all of the costs for this abatement when they are known.
5. The abatement shall not commence until the affected property owners
sign an agreement granting the City and its agents a right of entry to their respective
properties and acknowledging the applicability of Government Code Section 865-867 in
a form acceptable to the City Attorney.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad held on the 18th day of MARCH 1
2005 by the following vote, to wit:
AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose
NOES: None
ABSENT: None
ATTEST:
/(SEAL)