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Home My WebLink About2005-03-15; City Council; 18042; Emergency Landslide in Rancho Santa Fe/DulceCITY OF CARLSBAD - AGENDA BILL TITLE: EMERGENCY MEETING OF THE CITY COUNCIL TO DISCUSS THE LANDSLIDE IN THE AREA OF RANCHO SANTA FE ROAD AND AGUA DULCE COURT AB# \8,0Yit MTG. 311 8/05 DEPT. CA DEPT. HD. CITYATW. %? RECOMMENDED ACTION: Consider adoption of Resolution No. 200'5 - 08q authorizing emergency repairs to the public property and on adjacent private property pursuant to Government Code sections 865 - 867. ITEM EXPLANATION: At its meeting of Tuesday, March 15, 2005, the City Council adopted a resolution declaring a local emergency authorizing the City Manager to award contracts for the emergency repairs to public property without the necessity of following the normal bidding procedures. However, that resolution did not authorize the repair, construction or restoration of any private property. This emergency meeting of the City Council is being held to consider whether or not the repairs to the slope adjacent to Rancho Santa Fe Road and Agua Duke Court should be authorized. In order to provide an incentive for local public entities upon learning of a landslide or earth movement which will result in possible damage to substantial areas of property and constitute a threat of injury to persons, the legislature adopted Government Code sections 865 - 867. These sections provide immunity to public entities which undertake remedial action to abate the earth movement or protect against the danger therefrom without fear of incurring liability as a result of undertaking such action. Attached to this agenda bill are copies of these sections. The City Council is not liable for damages or injury to persons or property resulting from such land movement or from any actions taken to abate the perilous situation created by the earth movement provided: 0 It takes action on the basis of expert opinion or other reasonable basis; and 0 Determines the appropriate remedial action to halt, stabilize or abate such impending peril; and 0 Undertaken to implement such remedial action. Attached for the Council's consideration is a resolution satisfying the requirements of Government Code section 865 - 867 so that immunity will attach to actions to abate the peril caused by this earth movement. The affected property owners have been asked to provide permission in writing to enter the private property and effect the necessary repairs. FISCAL IMPACT: The exact cost of the project is unknown but estimates have ranged from $200,000 - $500,000 - $1,000,000 and staff will present an update of these estimates at the emergency meeting. ENVIRONMENTAL REVIEW: The California Environmental Quality Act provides a statutory exemption for emergency projects pursuant to CEQA Guidelines section 15269. EXHIBITS: 1. Resolution No. 300s- OS? 2. Government Code sections 865 - 867 RESOLUTION 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) Revegetate slope Provide Tensor Bx 1100 geo-grid wrapped as shown; the lateral and vertical dimensions are to be establish subsequent to lab testing and engineering slope stability analyses. >A Testing Engineers - U.S. Labs 7895 Convoy Court, Suite 18 - San Diego, CA92111 - Title General Earthwork and Grading Specifications -Keyway: Minimum width af 15 feet (fnclined @ 2% into sbpe) SUBDWN ALTERNATE B CA Codes (gov:865-867) GOVERNMENT CODE SECTION 865-867 Page 1 of2 865. The Legislature hereby finds and declares that: areas, or as a result of subsidence due to the depletion of underground or subterranean supporting substances, such as minerals, petroleum sources, water, and similar substances, can result in danger to persons or property. Although the movement is gradual and expressed in terms of numbers of inches, feet or meters per day, week or year, at some point the forces that are exerted by the movement will sever underground utilities, such as water, sewer, gas, electricity or telephone services and can cause the destruction of aboveground structures whose foundations become undermined or where support is denied altogether. Unlike an earthquake or rapid rockslide or landslide, these gradual earth movements permit possible intervention to arrest the movement and avoid harm which is posed to persons or property. problem before actual harm to persons or property, it is possible to make some determinations as to a method of remedial action which can abate the hazard. However, any undertaking to arrest the earth movement may not be successful or may have within it the potential for hastening the movement and the damages resulting from such movement. Regardless of how slight that potential for aggravating the damages, local public entities are unwilling to undertake action to alleviate the hazard if such undertaking may invite potential liability. to create an incentive for local public entities, upon learning of the particular earth movement which will result in possible damage to substantial areas of property and constitute a threat of injury to persons, to undertake remedial action to abate the earth movement or protect against the danger therefrom without fear of incurring liability as a result of undertaking such action. (a) The gradual movement of land, such as in prehistoric slide If there is an adequate manifestation of the (b) It is the intent of the Legislature in enacting this chapter 866. (a) Subject to the provisions of subdivisions (b) and (c), in the event of public necessity and to avoid impending peril to persons or property as a result of gradual earth movement, a local public entity is not liable for damages for injury to persons or property resulting from such impending peril or from any action taken to abate such peril providing the legislative body of the local public entity has, on the basis of expert opinion or other reasonable basis, done all of the following: otherwise, found the existence of such impending peril. (1) On the basis of adequate evidence such as expert opinion or http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=OOOO 1 -0 1000&file=. . . 03/17/2005 CA Codes (gov:865-867) Page 2 of 2 (2) Determined appropriate remedial action to halt, stabilize, or (3) Undertaken to implement such remedial action. As used in this chapter, "gradual earth movements" includes, but is not limited to, perceptible changes in the earth either in a subterranean area or at the surface, or both, which if not arrested or contained will over a gradual period of time result in damage to or destruction of underground or aboveground property or harm to persons. However, "gradual earth movement" does not include movement which is caused by activity undertaken by a local public entity for purposes other than the abatement of peril caused by gradual earth movement. As used in this chapter, "local public entity" has the meaning set forth in Section 900.4. (b) If the local public entity is unable to complete the steps described in paragraphs (1) to (3), inclusive, of subdivision (a) because of the cessation of the hazard or because such actions cannot be completed before the occurrence of the hazard sought to be avoided, or because such legislative body of such entity shall reasonably determine that such remedial action will not abate such danger, the immunity provided herein shall nevertheless apply to such actions by such local public entity. (c) The immunity provided herein is in addition to any other immunity of the local public entity provided by law or statute, including this part, and any claim of liability based upon the impending peril or any action of the local public entity is subject to such immunities and any defenses that would be available to the local public entity if it were a private person. abate such impending peril. 867. An employee of a local public entity is not liable for damages for injury to persons or property resulting from an impending peril or from any action taken to abate such peril pursuant to Section 866. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&~oup=OOOOl-01000&file=... 03/17/2005 c Sincerely, Te@ng Engineers - UJ March 15.2005 Conrad ''Skip" Harrmann, Deputy City Engineer CITY OF CARLSBAD 5950 El Camino Real Carlsbad, CA 92008 AGUA DULCE COURT LANDSLIDE Dear Skip: Upon review of the landslide situation on Agua Dulce Court, it is the opinion of Testing Engineers - U.S. Laboratories, Inc. (TEUSl) that there exists impending 'peril and that action needs b be taken to abate this danger. A threat currently exists to public as well as private facilities. Based upon review of this case, it is TEUSL's opinion that the City should take the following remedial actions: Remove the ovwtmden material from the top of failed slope area under the direction of a geotechnical engineer from wr office. 9 Remove and recompact the existing slope using geotextile fabrics, sub drains, and other approved methods based on feld conditions. Field conditions may make it necessary to make additional recammendations during the cutme of construction. VAN OLIN, GE va i e: Lloyd Hubbs, Glenn Pruirn, Deputy Public Works DMw, Engineering ServZces I "(3 0 s 1 t '. Testing Engineers - US. Labs 711 - 7895 Convoy Court, Suite 18 San Diego, CA 921 11 @ Provide Tensor Bx 11 00 geo-grid wrapped as shown; the lateral and vertical dimensions are to be establish subsequent to lab testing and engineering slope stability analyses. .:-: f. TE4l.S. Labs Wnmk be on of &e inhah resulb reqxmsWe far any subsequent my& lm ftOm bbck jn&wtrHs repmdudlons Of M3 fQUE, This Plot Plan is not to scale. Not a construction drawing. Only for schematic purposes. Ttle General Earthwork and Grading Project: Specifications Rancho Santa Fe Slide Area Contract No: 89583 March 17,2005