HomeMy WebLinkAbout2005-04-26; City Council; 18094; Abatement Earth Movement La Costa de MarbellahB# 18,094
ITG. 4/26/05
)EPT. CA
CITY OF CARLSBAD - AGENDA BILL
TITLE: AUTHORIZATION OF THE ABATEMENT OF THE
EARTH MOVEMENT AT LA COSTA
DE MARBELLA CONDOMINIUM PROJECT AND I CITY MGRW APPROPRIATION OF FUNDS
RECOMMENDED ACTION:
Adopt Resolution No. 2005-1 29 authorizing emergency repairs to public property and the
installation of protective measures on adjacent private property to protect the public rights of way
pursuant to Government Code sections 865 - 867; and appropriating funds.
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. This has subsequently
been renewed on April 5, 2005. The City Council is being requested to consider whether or not to
authorize the abatement of the earth movement at the La Costa de Marbella condominium project,
located at 2401A through 2433D La Costa Avenue. The primary intent of the abatement would be to
protect the public rights of way, most notably the La Costa Avenue improvements. The proposed
improvements would have the secondary benefit of providing some level of protection to the La
Costa de Marbella private development. 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.
The City Council is not liable for damages or injury to persons or property resulting from such earth
movement or from any actions taken to abate the perilous situation created by the earth movement
provided:
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It takes action on the basis of expert opinion or other reasonable basis; and
Determines the appropriate remedial action to halt, stabilize or abate such impending peril; and
Undertakes 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. Any abatement efforts within private property will not
commence until the Marbella Homeowner Association has executed an agreement granting the City
and its agents a right of entry to the property and acknowledge the applicability of Government Code
sections 865-867 in a form acceptable to the City Attorney.
Page 2 of Agenda Bill No. 18,094
FISCAL IMPACT:
The exact cost of the project is unknown but estimates have ranged from $600,000 - $900,000 and
staff will present an update of these estimates at the council meeting. An appropriation of $900,000
from the Council Contingency Fund is requested to fund the necessary investigation, analysis and
construction of the proposed repairs and protective measures.
ENVIRONMENTAL REVIEW:
The California Environmental Quality Act provides a statutory exemption for emergency projects
pursuant to CEQA Guidelines section 15269.
EXH I BITS:
1. Resolution No. 2005-1 29 authorizing emergency repairs to public property and the
installation of protective measures on adjacent private property to protect the public rights of
way pursuant to Government Code sections 865 - 867; and appropriating funds.
2. Government Code sections 865 - 867
DEPARTMENT CONTACT: Ron Ball, (760) 434-2891 , rball@ci.carlsbad.ca.us
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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:
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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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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)
CA Codes (gov:865-867)
GOVERNMENT CODE
SECTION 865-867
Page 1 of2
865. The Legislature hereby finds and declares that:
(a) The gradual movement of land, such as in prehistoric slide
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. If there is an adequate manifestation of the
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.
(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.
abate such impending peril.
(1) On the basis of adequate evidence such as expert opinion or
(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, 'Igradual earth movement" does not include movement
CA Codes (gov:865-867) Page 2 of 2
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, Itlocal 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.
867. An employee of a local public entity is not liable €or 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.
7606028553 FINANCE DEPT CITY OF CARLSBAD 08:00:39 a.m. 04-26-2005 2 15
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Apr 25 05 04:Oap STONEY-MILLER CONSULTRNTS 9434559371 P- 1
STONEY-MILLER CONSULTANTS, TNC.
CEVf'ECIINTCAL ENGMERTNG AND ENGINEERING GE01,OCY
14 HUGnES, SUITE B101, JRVINE, CALWOHNIA 92618
'I'IEL: (949) 380-4886
b WAX: (949) 455-9371
AGENDAITEMI L
CI lIlrryof city coundl
city WMW FACSIMILE TKANSMSSXON SHEET City Attomy
Ci&clcrlt
* DATE: April 25,2005
%d 4-9L-5 PROJECT NO: 12567-00 (05-9837)
FAX NO: (760) 602-8562
--re.: e-+> c\e+ e*$*. C0.*>C\& 3- * ti+- c.-&
pro: Mr. Glen Pruim
City of Cwlsbad
FROM: Chy Stoncy
SUBJECT: Geotechnical Assessment, MarbelIdLsr Costa Avenue
Landslide, Carls bad, California
Attached is a copy of tbc requested letter regarding the MarbelldLa Costa Avenue
Landslide. I will FedEx copied to you tonight for first thing A.M. dclivcry. If you
have any questions, please call.
NUMBER OF PACES TO POLLOW: 3
CALL IF YOU DO NOT RECEIVE ALL OF THIS TRANSMISSION.
A copy of this docummt will J will not be mailed.
PRTVACY NOTICE
This message is intcndcd for the use of the individual or entity of which it is addressed and may
contain information that is privileged confidential or exempt fToiii disclosure under applicable
Federal or Statc Law. 11th~ rder of this message is not the iiitended recipient or the employer:
or agent responsiblc for delivering the message to the intended recipient, you are hereby notitied
hat any dissemination, distribution, or copying of this wnununication is shictly prohibited.
7606028553 FINANCE DEPT CITY OF CARLSEAD 08:00:54 a.m. 04-26-2005
.
Apr 25 05 04:08p STONEY-MILLER CONSULTRNTS 9494559371
STONEY-MILLER CONSULTANTS, INC.
QEOTECHNICAL ENGINEERING d ENGfNEERlNG GEOLOGY
April 25,2005
CUy of Cmlsbad
1 63 5 Fairachy Avenue
Csrlshad, California 92008
Attcntion: Mr. Glen Pruim, P.E.
Deputy Public Works Director
Subject: Geotechnical Assessment
MarbelWLa Costa Avenue Landslidc
Cnrlsbad, CaIifiornia
I)e.dr Mr. Pruirn:
Project No: 12567-00
Report No: 05-9837
In accordaacc with your requesl, we have reviewed the condition o he lalidslide within the
Marbclla Devclopmnt ou the south side of La Costa Avenue, City of Carlsbad. It is OUT opinion
that therc exists impending pcnl from thc landslide and that some remedial notion is necessary to
abak this danger. A threat currently uxists to public as well as private facilities.
Based upon review of thr: situation, it is Stoney-Miller Consultants, Inc.'s opinion thai thc City
should takc the following remedid action:
1. Construct a caisson wall near the toe ofthc landslide either wifhin the 1.a Costa Avcuue
right-of:way or immcdiately up slopc (to the south) of thc right-of-way. This caisson
wall will likely bc 8 to 10 feet high and will act as a rctaining structure supporting
approximatcly 8 feet of compacted fiu. This wall and fill will creak a gravity buttress
that will increase the fxtor of safely of thc lalidslide in order to maintain the IA Costa
Avenue right-of-way in a usable manner. The attached fiprc details this repair.
2. Maintain the red tag designation of the appropriate structures within the Iandslidc and
encourage the Homeowners Association to take stion to stabilize the landslidc on their
propcity in a tmely inannu.
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P-2
14 HUGHES, SUITE 8-101 IRVINE. CA 92618-1923 (949) 380-4886. FAX (949) 455-9371
7606028553 FINANCE DEPTCITY OF CARLSBAD 08:Ol:ll a.m. 04-26-2005 4 15
Rpp 25 05 04:Oep STONEY-MILLER CONSULTANTS 9494559371
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April 25,2005 Project No: 12567-00
PagcNo: 2
Report NO: 05-9837
This opportunity to bc of smice is appreciated. If you havc any qucstions, pleace call.
Respectfully submittcd,
STONEY-MILLER CONSULTANTS, INC.
Registration Expircrs 5-3 1-06
p.3 '
riiwiYLe vet- I LI I T ur LAKLWSAU UU:UI :zi a.m. U4-26-2005
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Rpr 25 OS 04:OBp STONEY-MILLER CONSULTRNTS. 3494559371
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LA COSTA DE MARBELLA EMERGENCY REPAIRS AND PROTECTIVE MEASURES
GOVERNMENT CODE SECTION 8661.On the basis of adequate evidence such as expert opinion or otherwise, 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.