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: August 15, 2023
SUBJECT: Adoption of Resolution No. 2023-1447, 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. 2023-1447, 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.
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 Ninyo 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. 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.
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. On June 20, 2023, the City Council adopted Resolution No. 2023-1442, extending the local emergency for an additional sixty (60) days (Attachment A). 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. 2023-1447, extends the local emergency (Attachment B).
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. 2023-1447, 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
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
No additional legal review is needed for Resolution No. 2023-1447 or this report.
CONCLUSION
State in the pos than the or local adoree lion in a earn and movement under La Paz Road.
Jeman townean Samarallettuna
Tamara S. Letourneau
City Manager Public Works Director
Keim X. O Coron
Kevin X. O'Connor
Management Assistant
Attachments:
A. Resolution No. 2023-1442
B. Resolution No. 2023-1447
ATTACHMENT A
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 20t day of June, 2023.
elly Jennings, Mayol
ATTEST:
hies
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. 2023-1442, which was adopted at a regular meeting of the City Council of the City of Laguna Niguel, California, held on June 20, 2023, by the following vote:
AYES: Council Members Gennawey, Johns, Winstead; Mayor Pro Tem Oddo and Mayor Jennings.
NOES: None.
ABSTENTIONS: None.
ABSENT: None.
-
(Marissa J. Asistin
ATTACHMENT B
Resolution No. 2023-1447
RESOLUTION NO. 2023-1447
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, the City Council on June 20, 2023, adopted Resolution No. 2023- 1442 reaffirming and extending the proclamation of the local emergency by the City Manager/Director of Emergency Services in connection with the recent earth movement under La Paz Road; 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 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 the adoption of this Resolution, which shall become effective immediately upon adoption.
PASSED AND ADOPTED this 15'h day of August 2023.
Kelly Jennings, Mayor
ATTEST:
Marissa J. Asistin, City Clerk