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: March 19, 2024
SUBJECT: Adoption of Resolution No. 2024-1468, 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. 2024-1468, 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 received last 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. 2023-1427, 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. The City Council has adopted multiple resolutions since Resolution No. 2023-1427. Most recently, on February 20, 2023, the City Council adopted Resolution No. 2023-1464, 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. 2024-1468, 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. 2024-1468, thus ending the existence of a local emergency. Staff does not recommend this action as the conditions warranting the emergency proclamation have not changed.
FISCAL REVIEW
The California Transportation Commission voted unanimously to approve the La Paz Road project for Local Transportation Climate Adaptation Program funding, and the City will receive over $15.5 million in funding to stabilize the land under La Paz Road and conduct permanent street repairs. The City is responsible for a 20% match in which the City is actively applying for additional grant funding.
LEGAL REVIEW
No additional legal review is needed for Resolution No. 2024-1468 or this report.
CONCLUSION
Staff recommends that the City Council adopt Resolution No. 2024-1468, reaffirming and extending the proclamation of local emergency in connection with the recent earth movement under La Paz Road.
Jamara Softonnan
Tamara S. Letourneau Jacki Scott
City Manager Tor Public Works Director
Kein X. O'Comon
Kevin X. O'Connor
Management Assistant
Attachments:
A. Resolution No. 2023-1464
B. Resolution No. 2024-1468
ATTACHMENT A
Resolution No. 2023-1464
RESOLUTION NO. 2024-1464
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
Laguna Nigel, caused by the or potence of to tear proper no in a chea 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, the City Council on August 15, 2023, adopted Resolution No. 2023- 1447 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, the City Council on September 19, 2023, adopted Resolution No. 2023-1449 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, the City Council on November 7, 2023, adopted Resolution No. 2023- 1451 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, the City Council on December 19, 2023, adopted Resolution No. 2023-1457 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, the City turned immediately to re-designing and re-building La Paz Road to eliminate these interim traffic control risks and to re-build La Paz Road to correct and mitigate the conditions that gave rise to the road damage and the local emergency.
These steps included the expedited preparation of plans and specifications for the La Paz Road Long-Term Phase II Project and preparation of bid sets for construction services for said project; 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 20th day of February 2024.
кри у нула
ATTEST:
Marissa J. Asistin, City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE )ss
CITY OF LAGUNA NIGUEL
1, Marissa J. Asistin, CMC, City Clerk of the City of Laguna Niguel, California, do hereby certity that the foregoing is Resolution No. 2024-1464, which was adopted at a regular meeting of the City Council, held on February 20, 2024, by the following vote:
AYES: Council Members Gennawey, Johns, Winstead; Mayor Pro Tem Oddo and Mayor Jennings.
NOES: None.
ABSTENTIONS: None.
ABSENT: None.
Al e
Marissa J. Asistin, CMC, City Clerk
City of Laguna Niguel
ATTACHMENT B
Resolution No. 2024-1468
RESOLUTION NO. 2024-1468
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 satety, 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, the City Council on August 15, 2023, adopted Resolution No. 2023- 1447 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, the City Council on September 19, 2023, adopted Resolution No. 2023-1449 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, the City Council on November 7, 2023, adopted Resolution No. 2023- 1451 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, the City Council on December 19, 2023, adopted Resolution No. 2023-1457 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, the City Council on February 20, 2024, adopted Resolution No. 2024- 1464 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, the City turned immediately to re-designing and re-building La Paz Road to eliminate these interim traffic control risks and to re-build La Paz Road to correct and mitigate the conditions that gave rise to the road damage and the local emergency.
These steps included the expedited preparation of plans and specifications for the La Paz Road Long-Term Phase !! Project and preparation of bid sets for construction services for said project; 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 19th day of March 2024.
Kelly Jennings, Mayor
ATTEST:
Marissa J. Asistin, City Clerk
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