CITY OF LAGUNA NIGUEL
CITY COUNCIL AGENDA ITEM
To: Honorable Mayor and Council Members
FROM: Tamara S. Letourneau, City Manager/Director of Emergency Services DATE: June 20, 2023
SUBJECT: Adoption of Resolution No. 2023-1442, Reaffirming and Extending the Existing Proclamation of Local Emergency in Connection with the Recent Earth Movement Under La Paz Road.
RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 2023-1442, reaffirming and extending the proclamation of local emergency in connection with the recent earth movement under La Paz Road.
BACKGROUND
La Paz Road has been actively monitored by the City since 1997 and has periodically experienced incremental movement of the roadbed and slope below. Over time, the roadway has shown signs of earth movement, including cracks in the pavement. In April 2021, the City observed more significant movement of the pavement and sidewalk within the project limits than had been observed previously. This movement caused substantial damage to the roadbed and sidewalk on the southbound side of La Paz Road between Rancho Niguel and Kings Road. Several attempts were made by the City to repair the damaged road. At this time, the City initiated additional geotechnical evaluations of the impacted areas along La Paz Road.
In September 2021, out of an abundance of caution, the City closed the southbound number two (curb lane) to vehicular and pedestrian traffic. The City then continued to monitor the affected area. In January 2022, the City retained Psomas and Nino Moore to conduct an engineering study and geotechnical analysis to the area along La Paz Road between Rancho Niguel and Kings Road.
On May 4, 2023, the City received a report from its Geotechnical Consultant, GMU, on the conditions of the slope. The report indicated that the site showed increasing signs of vertical displacement and that new tension cracks were visible in the soil adjacent to the sidewalk. The report further indicated that the movement has been creeping at depth, which is indicative of deep-seated landslide movement likely attributed to the heavy rainfall that the City has received this winter. In an abundance of caution and at the recommendation of the City's Geotechnical Consultant GMU, the City determined that it was necessary to close both southbound lanes along La Paz Road between Rancho Niguel and Kings Road.
ANALYSIS
Section 11-15-6 of Division 15 of Title 11 of the Laguna Niguel Municipal Code empowers the Director of Emergency Services to proclaim the existence of a local emergency when the City is affected or threatened by a public calamity and the City Council is not in session. On May 5, 2023, the City Manager, acting as the Director of Emergency Services, signed a local emergency proclamation (Attachment A). The proclamation of local emergency allowed the City to mobilize local resources, accelerate procurement of supplies, and seek future reimbursement by the State and Federal Government. Upon the declaration of an emergency, City staff retained a consultant to immediately prepare the traffic plan to reroute traffic between Rancho Niguel and Kings Road. On May 10, 2023, the City Council adopted Resolution No. 2023-1427 ratifying the proclamation of a local emergency (Attachment B).
Following the City Council's adoption of Resolution No. 2023-1427, the City implemented a new traffic control pattern on La Paz Road on May 17, 2023, that closes off the two southbound travel lanes at Rancho Niguel Road. This closure is a precautionary measure to ensure public safety, allowing roadway modifications to be expedited as the City prepares to install a traffic switch allowing two-way traffic on the east side of the La Paz median. Staff has created a dedicated La Paz Road webpage on the City's website and is actively sharing information on social media platforms regarding project updates and changes in traffic patterns.
Pursuant to Government Code Section 8630, subdivision (c) (California Emergency Services Act), and Resolution No. 2323-1427, the City Council is required to review the local emergency within sixty (60) days of ratification to determine whether the conditions surrounding the local emergency still exist. Since the conditions related to the recent earth movement under La Paz Road between Rancho Niguel and Kings Road have not changed and staff is actively working on implementing a long-term traffic management plan, the conditions of the local emergency still exist. A proposed resolution, Resolution No. 2023-1442, extends the local emergency (Attachment C).
The health, safety, and well-being of persons within the territorial limits of the City of Laguna Niguel are of the highest priority. The recommended action supports the City Council Goal 1 (Public Safety) of the Strategic Plan.
ALTERNATIVES CONSIDERED
The City Council may choose not to adopt Resolution No. 2023-1442, thus ending the existence of a local emergency. Staff does not recommend this action as the conditions warranting the emergency proclamation have not changed. In addition, the City is currently in the process of applying for a FEMA Hazard Mitigation Grant, which may be utilized to conduct a complete repair of the significant earth movement under La Paz Road between Rancho Niguel and Kings Road.
FISCAL REVIEW
Since July 2021, the City has allocated $650,000 for the La Paz Road Earth Movement Evaluations, utilizing a combination of American Rescue Plan (ARP) funds and General Funds. Staff is in the process of applying for a FEMA grant to design and construct a permanent solution to La Paz Road that will allow the road to be fully reopened safely.
The estimated cost for the La Paz Road Earth movement evaluation, mitigation, and remediation is $16,000,000.
LEGAL REVIEW
The City Attorney's Office has reviewed and approved this report and Resolution No. 2023-1442 as to form.
CONCLUSION
Staff recommends that the City Council adopt Resolution No. 2023-1442, reaffirming and extending the proclamation of local emergency in connection with the recent earth movement under La Paz Road.
Samass Stones
Tamara S. Letourneau Scott C. Smith
City Manager City Attorney
Keim X. OCormon
Kevin X. O'Connor
Public Works Directo Management Assistant
Attachments:
A. Proclamation of the Existence of a Local Emergency
B. Resolution No. 2023-1427
C. Resolution No. 2023-1442
ATTACHMENT A
Proclamation of the Existence of a Local Emergency
PROCLAMATION DECLARING THE EXISTENCE OF A LOCAL EMERGENCY UNDER GOVERNMENT CODE SECTION 8630 AND DIVISION 15 OF TITLE 11 OF
THE LAGUNA NIGUEL MUNICIPAL CODE BY THE DIRECTOR OF EMERGENCY
SERVICES OF THE CITY OF LAGUNA NIGUEL IN CONNECTION WITH THE
RECENT EARTH MOVEMENT UNDER LA PAZ ROAD
WHEREAS, Government Code Section 8630 authorizes the proclamation of a local emergency by the governing body of a city, county, or city and county, or by an official designated by ordinance adopted by that governing body.
WHEREAS, Section 11-15-5 (A) of the Laguna Niguel Municipal Code designates the City Manager as the Director of Emergency Services; and WHEREAS, Section 11-15-6 (A)(1) of the Laguna Niguel Municipal Code authorizes the Director of Emergency Services, if the City Council is not in session, to proclaim the existence or threatened existence of a local emergency; and WHEREAS, on the 5'h day of May 2023, the Director of Emergency Services of the City of Laguna Niguel found that due to the existence of recent earth movement under La Paz Road, that there is potential of risks to life and property exist within said City; and WHEREAS, the City of Laguna Niguel's ability to mobilize local resources, coordinate interagency response, accelerate procurement of vital supplies, use mutual aid, and seek future reimbursement by the State and Federal Government will be critical to successfully respond to recent earth movement under La Paz Road.
WHEREAS, the safety, health, and well-being of persons within the territorial limits of the City of Laguna Niguel is of the highest priority; and WHEREAS, the Director of Emergency Services believes and has concluded that the current conditions of potential risk warrant a proclamation of local emergency; and NOW, THEREFORE, pursuant to Section 11-15-6 (A)(1) of the Laguna Niguel Municipal Code, it is hereby proclaimed that a local emergency now exists in the City of Laguna Niguel on account of the recent earth movement under La Paz Road.
IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of this local emergency the powers, functions, and duties of the emergency organization of the City of Laguna Niguel, as defined in the Laguna Niguel Municipal Code Section 11-15-7, shall be those prescribed by state law, the Laguna Niguel Municipal Code, including Section 11-15, by other applicable ordinances, resolutions and approved emergency plans of the City of Laguna Niguel. The City Council shall take action to ratify this Proclamation within seven days, or a local emergency shall not remain in effect; and IT IS FURTHER ORDERED, that all City Departments shall track costs for staffing, supplies, and equipment related to the recent earth movement under La Paz Road and forward that information to the City's Director of Emergency Services; and IT IS FURTHER ORDERED, that a copy of this Proclamation shall be forwarded to the State Office of Emergency Services and to such other government agencies and officials as the City's Director of Emergency Services deems prudent or necessary.
Dated: May 5th, 2023
Tamara S. Letourneau
City Manager/Director of Emergency Services
Attest:
mas:
Marissa J. Asistin
City Clerk
ATTACHMENT B
Resolution No. 2023-1427
RESOLUTION NO. 2023-1427
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA NIGUEL
RATIFYING THE DIRECTOR OF EMERGENCY SERVICES' PROCLAMATION OF
THE EXISTENCE OF LOCAL EMERGENCY DUE TO THE RECENT EARTH MOVEMENT UNDER LA PAZ ROAD UNDER GOVERNMENT CODE SECTION 8630 AND DIVISION 15 OF TITLE 11 OF THE LAGUNA NIGUEL MUNICIPAL CODE ("EMERGENCY PREPAREDNESS")
WHEREAS, Government Code Section 8630 authorizes the City Council, or an official designated by ordinance of the City Council, to proclaim the existence of a local emergency; and
WHEREAS, Laguna Niguel Municipal Codes Section 11-15-5 (a), adopted as Ordinance 94-75, designates the City Manager as the Director of Emergency Services for the City of Laguna Niguel; and
WHEREAS, pursuant to Laguna Niguel Municipal Code section 11-15-6(a)(1), the Director of Emergency Services is specifically empowered to proclaim the existence or threatened existence of a local emergency, as defined in Government Code Section 8558(c), if the City Council is not in session, subject to ratification by the City Council within seven days thereafter; and
WHEREAS, the Director of Emergency Services did proclaim the existence of a local emergency within the City of Laguna Niguel on the 5th day of May 2023 due to the existence of and threats posed to the City by earth movement under La Paz Road; and WHEREAS, the City Council was not in session and could not immediately be called into session on the date the Director of Emergency Services made her Proclamation; and
WHEREAS, Government Code Section 8558(c) defines a local emergency, in relevant part, as "the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city and county, or city, caused by conditions such air pollution, fire... or other conditions, other than conditions resulting from a labor controversy, which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of that political subdivision and require the combined forces of other political subdivisions to combat..."; and WHEREAS, the safety, health, and well-being of persons within the territorial limits of the City of Laguna Niguel is of the highest priority; and WHEREAS, the mobilization of local resources, the ability to coordinate interagency response, accelerate procurement of vital supplies, use mutual aid, and allow for future reimbursement by the state and federal government will be critical to successfully responding to the recent earth movement under La Paz Road; and WHEREAS, the City Council does hereby find that the above described conditions of extreme peril did warrant and necessitate the Proclamation of the existence of a local emergency by the Director of Emergency Services.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Laguna Niguel, that the Proclamation of the Existence of a Local Emergency by the Director of Emergency Services of the City of Laguna Niguel due to the recent earth movement under La Paz Road under Government Code Section 8630 and Chapter 11-15 of the Laguna Niguel Municipal Code ("Emergency Preparedness"), as issued on May 5'h, 2023, is hereby ratified and confirmed.
IT IS FURTHER RESOLVED AND ORDERED that within the next sixty (60) days, a report on the most recent conditions of emergency and disaster be presented to this City Council so that this City Council may determine whether conditions of emergency and disaster still exist; and
IT IS FURTHER RESOLVED AND ORDERED that the local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council.
PASSED AND ADOPTED this 10th day of May 2023.
sux Xerminges
felly Jennings, Mayol
ATTEST:
pres
Marissa J. Asistin, City Clerk
CERTIFICATION
STATE OF CALIFORNIA
COUNTY OF ORANGE )ss
CITY OF LAGUNA NIGUEL )
1, Marissa J. Asistin, City Clerk of the City of Laguna Niguel, California, do hereby certify that the foregoing is Resolution No. 2023-1427, which was adopted at a special meeting of the City Council of the City of Laguna Niguel, California, held on May 10, 2023, by the following vote:
AYES: Council Members Gennawey; Mayor Pro Tem Oddo and
Mayor Jennings.
NOES: None.
ABSTENTIONS: None.
ABSENT: None.
-
Ales
Marissa J. Asistin
City Clerk
ATTACHMENT C
Resolution No. 2023-1442
RESOLUTION NO. 2023-1442
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA NIGUEL
REAFFIRMING AND EXTENDING A PROCLAMATION OF LOCAL EMERGENCY IN
CONNECTION WITH THE RECENT EARTH MOVEMENT UNDER LA PAZ ROAD PURSUANT TO GOVERNMENT CODE SECTION 8630
WHEREAS, conditions of potential risk to life and property arose within the City of Laguna Niguel, caused by the existence of recent earth movement under La Paz Road on May 5, 2023; and
WHEREAS, the safety, health, and well-being of persons within the territorial limits of the City of Laguna Niguel is of the highest priority; and WHEREAS, Section 11-15-6 of Division 15 of Title 11 of the Laguna Niguel Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity and the City Council is not in session, subject to ratification by the City Council within seven days; and
WHEREAS, the City Manager, authorized to act as Director of Emergency Services pursuant to Section 11-15-5 of the Laguna Niguel Municipal Code, duly and responsibly proclaimed the existence of a local emergency on May 5, 2023; and WHEREAS, the City Council on May 10, 2023, adopted Resolution No. 2023-1427 ratifying the proclamation of the local emergency by the City Manager/Director of Emergency Services; and
WHEREAS, Government Code Section 8630, subdivision (c), and Resolution No. 2023-1427 provide that the City Council is required to review the need for continuing the local emergency at least once every (60) days to determine whether the conditions supporting the proclamation of a the local emergency still exist.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED, the need for continuing the local emergency is hereby reviewed, and the declaration of a local emergency remains valid and necessary due to the existence of and threats posed to the City by earth movement under La Paz Road.
IT IS FURTHER RESOLVED AND ORDERED that within the next sixty (60) days, a report on the most recent conditions of emergency and disaster be presented to this City Council so that this City Council may determine whether conditions of emergency and disaster still exist.
IT IS FURTHER RESOLVED AND ORDERED that the City Council finds that the subject activity outlined in this Resolution is not a Project within the meaning of the California Environmental Quality Act ("CEQA") Guidelines, Section 15378, and is therefore not subject to review under CEQA.
IT IS FURTHER RESOLVED AND ORDERED that the City Clerk shall certify to the adoption of this Resolution, which shall become effective immediately upon adoption.
PASSED AND ADOPTED this 20'h day of June, 2023.
Kelly Jennings, Mayor
ATTEST:
Marissa J. Asistin, City Clerk