HomeMy WebLinkAbout2005-04-26; City Council; Resolution 2005-1291
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RESOLUTION NO. 2005-1 29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, DECLARING ABATEMENT OF
IMPENDING PERIL, APPROPRIATING FUNDS 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, on April 5, 2005, the City Council of the City of Carlsbad extended the local
emergency; 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. Found the existence of such impending peril;
2. 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 at the La Costa de Marbella condominium project located at 2401A through 2433D
La Costa Avenue, 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, Stoney-Miller Consultants, Inc. (“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 public and private property and
injury to persons in and around the affected area; and
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WHEREAS, City staff and the Consultant have observed substantial earth movement at
the La Costa de Marbella condominium project in recent weeks as a result of the heavy rain
storms and this earth movement has caused damage to La Costa Avenue; and
WHEREAS, in view of the potential damage to La Costa Avenue and 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 La Costa de Marbella 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.
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:
The above recitations are true and correct.
A. An impending peril exists to persons or property as a result of earth
movement in the vicinity of the La Costa de Marbella 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; 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. The City Manager is authorized to award contracts for said abatement and issue
the Notice to Proceed.
5. That the City Council authorizes the appropriation of $900,000 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.
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I
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AYES: Council Members Hall, Kulchin, Packard, Sigafoose
NOES: None
I ABSENT: Council Member Lewis
6. Any abatement efforts within private property shall not commence until the Marbella
Homeowners Association signs an agreement granting the City and its agents a right of entry to
the property, acknowledge the applicability of Government Code Section 865-867, and providing
other assurances and agreements in a form acceptable to the City Attorney.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 26th day Of April , 2005 by the following vote, to wit:
CLAUDE A. LEW
MATT HALL, Mayor Pro-Tem
ATTEST
(SEAL)