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HomeMy WebLinkAbout2005-03-18; City Council; Resolution 2005-089RESOLUTION 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)