HomeMy WebLinkAbout2005-06-14; City Council; 18173; Abatement of Earth Movement La Costa de Marbella CondominiumsW# 18,173
ITG. 611 4/05
IEPT. CA
RECOMMENDED ACTION:
- TITLE: AUTHORIZATION OF THE ABATEMENT
OF EARTH MOVEMENT AT THE
CITY MGR.
CITY ATTY. LA COSTA DE MARBELLA CONDOMINIUM PROJECT; DELEGATION OF PLAN APPROVAL AUTHORITY; AND
APPROPRIATION OF FUNDS
Adopt Resolutioh No. 2005-194
Marbella Condominium project, delegation of plan approval authority and appropriation of funds. authorizing the abatement of earth movement at La Costa De
ITEM EXPLANATION:
At its meeting of Tuesday, April 26, 2005 the City Council adopted a resolution authorizing the
appropriation of $900,000 to abate the peril that exists to La Costa Avenue due to the ongoing earth
movement along the north side of the La Costa de Marbella condominium project. The Council’s
decision was based on the understanding that any actions taken would be performed in accordance
with the recommendations from the City’s geotechnical engineering consultant, Stoney-Miller
Consultants, Inc. (SMC). At that meeting, staff presented a slide showing a typical section of the
retaining wall preliminarily proposed by SMC and based the recommended appropriation amount on an
engineering estimate derived from the preliminary design. SMC has refined the design (Exhibit 3) and
now indicates that structural steel tie-back members will need to be incorporated into the construction of
the caisson retaining wall to achieve the desired level of abatement. The tie-backs are estimated to
increase the cost of the proposed repairs by $300,000, thereby increasing the required funding from
$900,000 to $1,200,000. An additional appropriation of $300,000 is requested.
In order to retain proper immunity, Government Code Section 866 requires that the local agency
determine and undertake appropriate remedial actions on the basis of adequate information, which
includes the opinion of experts. The final design by SMC will be completed soon. In the interest of
time, it is requested that Council delegate the final approval authority of the proposed improvements to
the City Engineer. All improvements will be constructed in conformance with the final design prepared
by SMC.
FISCAL IMPACT:
The exact cost of the project is unknown but estimates have increased from $900,000 to $1,200,000.
$900,000 was appropriated for necessary repairs at the April 26, 2005 Council meeting. An
appropriation of an additional $300,000 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.
EXHIBITS: - .. - --
1. Resolution No. 2005-794 authorizing the abatement of earth movement at La Costa
De Marbella Condominium project; delegation of plan approval authority and appropriation of
funds.
2. Agenda Bill No. 18094
i
Page 2 of Agenda Bill No. 18,173
3. Revised improvement details (Sketch)
4. Letter from Stoney-Miller Consultants, Inc.
DEPARTMENT CONTACT: Glenn Pruim, (760) 602-2407, gpruim@ci.carlsbad.ca.us
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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 $300,000 from its
contingency account for this abatement. The City Manager shall make a final accounting of all the
costs for this abatement when they are known.
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4. The City Engineer is authorized to approve the final design to be submitted by
SMC with the understanding that the plan will be in substantial compliance with Exhibit 4.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of
:he City of Carlsbad held on the 14th day of JUNE , 2005 by the
'ollowing vote, to wit:
AYES:
NOES: None
ABSENT: Council Members Lewis, Kulchin
Council Members Hall, Packard, Sigafoose
*wpJo
CLAUDE LE S, Mayor
Mayor Pro Tern Matt Hall
4TTEST:
-0RRAINE M. WOOdiCity Clerk -. :SEAL)
Exhibit 2
iB# 18,094
ATG. 4/26/05
IEPT. CA
8
- TITLE: AUTHORtZATION OF THE ABATEMENT OF THE DEPT.HI$/ ' z EARTH MOVEMENT AT LA COSTA
DE MARBELLA CONDOMINIUM PROJECT AND
APPROPRIATION OF FUNDS
CITY ATTY
CITY MGR.~
CITY OF CARLSBAD - AGENDA BILL
I' I
RECOMMENDED ACTION:
Adopt Resolution No. 2005-129 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:
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.
EXHIBITS:
1. Resolution No. 2005-1 29 authorizing emergency repairs to public propetty 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.
Government Code sections 865 - 867 2.
DEPARTMENT CONTACT: Ron Ball, (760) 434-2891, rball@ci.carlsbad.ca.us
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RESOLUTION NO. 2005-129
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
Ieclaration of Local Emergency by the City Manager made on February 23, 2005 and March 8,
,005 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
3mergency; and
WHEREAS, in light of the proclamation, California Government Code Sections 865 et seq.
xovide that a local public entity is not liable for damages or injury to persons or property resulting
‘rom 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
)pinion 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
Deril;
3.
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
Undertaken to implement such remedial action; 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 Cartsbad, 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;
8. 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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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 Avril , 2005 by the following vote, to wit:
AYES: Council Members Hall, Kulchin, Packard, Sigafoose
NOES: None
ABSENT: Council Member Lewis
CLAUDE A. LEW \
MATT HALL, Mayor Pro-Tem
ATTEST:
(S EAL)
Y
CA Codes (gov:865-867)
GOVERNMENT CODE
SECTION 865-867
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 €or 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 movementsra 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 movementp1 does not include movement
Page 1 of2
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, "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.
867. An employee of a local public entity is not liable for damages
€or injury to persons or property resulting from an impending peril
or from any action taken to abate such peril pursuant to Section 866.
. . . . . . __ . . .. . .. . . .I_______. ___--- ~ ------ - I -. - .. . . __. _. .. __ __ __
. .
7606028553 FINANCE DEPT CITY OF CARLSBAO 08:00:39 a.m. 04-26-2005 2 15
I Apr 25 05 04:OBp STONEY-MILLER CONSULTRNTS 9494553371
STONEY-MILLER CONSULTANTS, TNC.
GEOTIECIIIYICAI., ENGMERING Aff 0 ENGWEIEBING GEOLOGY
14 HUGnES, SUITE B101, JRVWE, CALIFORNIA 92618
'I'EL: (949) 380-4886 . PAX: (949) 455-9371
AGENDAITEM1 B
CI WPr city cormdl
DATE: April 25,2005
PROJECT NO: 12567-00 (05-9837)
FAX NO: (760) 602-8S62
FROM: Gary stoncy
SUBJECT: Geotechnical Assessment, Marbella/La Costa Avenue
Landslide, Carls bad, California
Attached is a copy of tbc rcquested Ietter regarbg the Marbeila/La Costa Avarue
Landslide. I will Fed& copied to you tonight for first thing A.M. delivery. If you
have aiy questions, please call.
'
NUMBER OF PAGES TO FOLLOW: 3
CALL IF YOU DO NOT RECEIVE ALL OF THIS TRANSMISSION.
A copy of this documcnt will will not be mailed.
PRTVACY NOTICE
This message is intmded toor the use of the individual or entity af which it is addresued and may
contain infomition lh& is privileged confidential or exempt &om disclosure under appIicablz
Federal or Sta.tc Law. Jr Ihc rcader of this message is not the intended recipient ar the employct:
or agent respomibk fm delivering the inexsage tn the intended recipient, you are hereby notitied
that any dissemination, distribution, or copying of this conunuiiication is stn'ctly prohibited.
7606028563 FINANCE DEPT CITY OF CARLSBAO 08:00:54 a.m. 04-26-2005
Apr 25 05 04:08p STONEY-MILLER CONSULTRNTS 9494553371
STONEY-MILLER CONSULTANTS, INC.
OEbtECHNICAL ENGHEERING b ENGINEERING GEOLOGY
April 25,2005
CSty of Carlsbad
1 63 5 Fakday Avenue
Chrlsbad, Californh 92008
Project No: 12567-00
Report No: 05-9837
Attention: Mr. Glen Pruim, P.E. Deputy Public Works -tor
Su bj cct: Gealechnial Assessment MarhelWLa Costa Avenue Landslide Cnrlsbad, CaIifornia
Dear Mr. Pruirn:
accordmcc with your request, we barn reviewed the codition of the landslide within the Marbclla Devclopment ou the south side of La Costa Avenue, City of Carlsbad. It is our opinion
that there exists impending pail from thc landslide and that some remedial action is ~t~~~s;ary to
abate this danger. A threat currently cXkts to public as well as private fhcilitics.
~ased upon nvitw of the situation, it is Stoney-Milltx Consaltants, Inc.'s opinion that rhc City
should takc the folluwing remedid action:
1. Construct ZL caisson wall near the toe of thc landslide either wilhin the La Costa Avcuue
right-of:way or immediately up slopc (to the south) of lhc right-of-way. This caisson
wall will likely bc 8 to 10 feet high end will act as a rctaining structure supporting
approximatcly 8 feet of compacted fa. This wall and fill will creak a gravity buttress
that wiU increase the factor of safety uf Ihc landslide in order to mYintaja the La Costa
Avenue right-of-way in P usable manner. The attached flbgm details this repair.
2. Mainlain the red tag designation of the appropriate slructures within the Iimdslidc and
encourage the Honieowners Association to take wtiou, to stabilize the landslidc on their
propcrty in a tunely mannu. '
3 t5
P.2
13 14 HUGHES. SUITE 8-101 IRVINE. CA 92618-1923 (949) 380.4886 FAX (949) 455-9371
1606028653 FINANCE DEPTCITY OF CARLSBAD 08:01:11 a.m. 04.26-2005 4 15
* Rpr 25 05 04:OBp STONEY-MILLER CONSULTANTS 9494559371
I
April 25,2005 Project No: 12567-00
Report No: 05-9837
PagcNo: 2
This oppomnity to bc of service is apprccioted. If you havc any pc~tion~, pleare call.
Rcspwtfully submitted,
STONEY-MILLER CONSULTANTS, INC.
Registration Bpb 5-3 1-06
p.3 .
rllYMflC,C ucr I LII 1 ur ~ARLSUAU Wu:ul:Z1 a.m. U4-26.2005 6 I5
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* Rpr 25 05 04:OBp STDNEY-HILLER CONSULTRNTS, 9494559371
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Jun 09 05 09:41a STONEY-MILLER CONSULTRNTS 9494559371 P-2 .
STONEY-MILLER CONSULTANTS, INC.
GEOSECHNJCAL ENGINEERING 8 ENGINEERING GEOLOGY
June 9,2005
City of Carlsbad
1635 Fairaday Avenue
Carlsbad, California 92008
Project No: 12567-00
Report No: 05-990 1
Attention: Mr. Glenn Pruim, P.E.
Deputy Public Works Director
Subject: Landslide Repair
MarbeUaLa Costa Avenue Landslide
Carlsbad, California
Reference: Stoney-Miller Consultants, Inc., 2005, “Geotechnical Investigation of the La
Costa De MarbelIa Landslide, La Costa Avenue, City of Carlsbad, California,”
dated May 11,2005, Project No: 12567-00, Report No: 05-9854
Dear Mr. Pruim:
In accordance with your request, we have reviewed the proposed landslide retaining structure for
La Costa Avenue at the toe of the La Costa De MarbelIa Landslide in the City of Carlsbad,
California. In light of the situation related to the longevity of the structure, it is our
recommendation that the design be converted to a permanent structure. This revision will result
in the folIowing changes to ow design presented in the referred report:
1. Wall designed to a factor of safety of 1.5.
2. H-beam or reinforcing bar cage caisson wall with the appropriate corrosion protection.
3. Additional tie-backs anchors.
4. Precast concrete lagging instead of treated wood lagging.
With these design considerations, the cost of constructing the wall will increase, however, it will
be considered a permanent structure. Stoney-Miller Consultants, Inc. is proceeding on the design
revisions, with the preliminary design by Friday so that the contractor may begin ordering
materials.
14 HUGHES, SUITE 8-101 IRVINE, CA 92618-1923 (949) 380-4886 FAX (949) 455-9371
Jun 09 05 09:41a STONEY-MILLER CONSULTflNTS 9494559371
June 9,2005 Project No: 12567-00
Report No: 05-990 1
PageNo: 2
This opportunity to be of service is appreciated. If you have any questions, please call.
Respectfully submitted,
STONEY-MILLER CONSULTANTS, INC.
Engineering Geologist V
Registration Expires 5-3 1-06
P. 3