HomeMy WebLinkAbout2005-06-14; City Council; Resolution 2005-1941
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RESOLUTION NO. 2005-1 94 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AUTHORIZING THE ABATEMENT OF
THE EARTH MOVEMENT AT THE LA COSTA DE MARBELLA
CONDOMINIUM PROJECT; DELEGATION OF PLAN APPROVAL
AUTHORITY; AND APPROPRIATION OF FUNDS.
WHEREAS, on April 26, 2005, the City Council of the City of Carlsbad adopted Resolution
Vo. 2005-1 29 declaring an abatement of impending peril and authorizing the immediate
sxpenditure of public money to safeguard life, health and property; and
WHEREAS, in light of the Resolution the City of Carlsbad has obtained the immunities
afforded by Government Code Sections 865 et. Seq.; and
WHEREAS, the City of Carlsbad geotechnical engineering consultant, Stoney-Miller
Consultants, Inc. (SMC) has refined the design of the previously approved retaining wall to include
structural steel tie back members to increase the safety factor and achieve the desired level of
abatement; and
WHEREAS, the inclusion of the tie back members was not reflected in the original design
presented to the City Council; and
WHEREAS, the inclusion of the steel tie back members is estimated to increase the cost
of the proposed repairs by $300,000 to a total of $1,200,000; and
WHEREAS, the City Council had previously appropriated $900,000 in Resolution 2005-
129 to pay for the costs of the abatement.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The above recitations are true and correct.
2. The City Council of the City of Carlsbad, based upon the opinion and
recommendation of its Consultant and the City staffs knowledge, experience and observations of
the affected area, hereby declare that it is necessary to refine the previously approved design to
include structural steel tie back members.
3. The City Council authorizes the appropriation of an additional $300,000 from its
contingency account for this abatement. The City Manager shall make a final accounting of all the
costs for this abatement when they are known.
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4. The City Engineer is authorized to approve the final design to be submitted by
SMC with the understanding that the plan will be in substantial compliance with Exhibit 4.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of
:he City of Carlsbad held on the 14th day of JUNE , 2005 by the
'ollowing vote, to wit:
AYES:
NOES: None
ABSENT: Council Members Lewis, Kulchin
Council Members Hall, Packard, Sigafoose
*wpJo
CLAUDE LE S, Mayor
Mayor Pro Tern Matt Hall
4TTEST:
-0RRAINE M. WOOdiCity Clerk -. :SEAL)