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 20, 2024
SUBJECT: Terminating the Local Emergency in Connection with the Recent Earth Movement Under La Paz Road
RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 2024-1490, terminating the 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. In April 2021, the City observed more significant movement of the pavement and sidewalk within the project limits than previously observed. 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.
In May 2023, the City received a report on the conditions of the slope from its geotechnical consultant, GMU, who has overseen the ongoing monitoring. 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 southbound sidewalk. Out of an abundance of caution, on May 10, 2023, the City Council adopted Resolution No. 2023-1427 declaring a local emergency (Attachment A). Government Code Section 8630 and Resolution No. 2023-1427 required the City Council to review the local emergency at least every sixty (60) days of ratification to determine whether the conditions surrounding the local emergency still exist, most recently the City Council adopted Resolution No. 2024-1487 on August 6, 2024, extending the existence of the local emergency.
Following the adoption of Resolution No. 2023-1427 declaring a local emergency, the City implemented a new interim traffic control pattern called the Short-Term Phase I Plan on La Paz Road that closed the two southbound travel lanes at Rancho Niguel Road and detoured southbound La Paz Road traffic onto eastbound Rancho Niguel Road. The closure and detour were implemented as a temporary and precautionary measure to ensure public safety.
On August 15, 2023, the City Council approved a contract with Mark Thomas & Company, Inc. to provide engineering design services for the restoration of interim two-way traffic along La Paz Road (Long-Term Phase II Plan). On February 20, 2024, the City Council awarded the construction contract to Palp, Inc. dba Excel Paving Company (Excel) to complete the Long-Term Phase Il plan. The project, originally scheduled for completion in Fall 2024, was completed ahead of schedule and under budget on August 15, 2024 restoring interim two-way traffic along La Paz Road.
ANALYSIS
Throughout the proclaimed emergency the City proactively applied for grant funding to design and construct a permanent solution to La Paz Road that will allow all lanes to be fully reopened safely. In February 2024, the California Transportation Commission unanimously approved the City of Laguna Niguel's La Paz Road Project as part of the Local Transportation Climate Adaptation Program (LTCAP) funding. The City secured $15.5 million in grant funding to stabilize the land under La Paz Road, between Rancho Niguel and Kings Road, and for permanent street repairs. The first phase of this project, the Planning Approval and Environmental Documentation (PAED), is currently out for bid.
Following the successful completion of the Long-Term Phase II Plan and the securement of grant funding to complete the permanent repair to La Paz Road, it is now the appropriate time to terminate the existence of the local emergency. Staff has prepared Resolution No. 2024-1490, which, if adopted, would terminate the local emergency (Attachment B). This action would terminate the emergency duties and powers afforded to the City Manager, in her capacity as Director of Emergency Services, set forth in Resolution No. 2023-1427, ratifying the existence of a local emergency as permitted by the Laguna Niguel Municipal Code Section 11-15-6 (A)(1). The adoption of resolution No. 2024-1490 does not interfere with the awarded LTCAP grant funding.
ALTERNATIVES CONSIDERED
The City Council may choose not to adopt Resolution No. 2024-1490, terminating the local emergency in connection with the recent earth movement under La Paz Road. Staff does not recommend this action as the City has restored interim two-way traffic flow along La Paz Road and has secured grant funding to stabilize the earth movement and for permanent street repairs.
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. There is no fiscal impact as a result of adopting Resolution No. 2024-1490.
LEGAL REVIEW
The City Attorney has reviewed and approved this report and resolution as to form.
CONCLUSION
Staff recommends that the City Council adopt Resolution No. 2024-1490, terminating the local emergency in connection with the recent earth movement under La Paz Road.
Janara Setowneau Lace Knitt
Tamara S. Letourneau Scott C. Smith
City Manager City Attorney
Kenin X. O'Comman
Jacki Scott Kevin X. O'Connor
Public Works Director Management Assistant
Attachments:
A. Resolution No. 2023-1421
B. Resolution No. 2024-1490
ATTACHMENT A
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.
ATTEST:
pres
Marissa J. Asistin, City Clerk
CERTIFICATION
STATE OF CALIFORNIA
COUNTY OF ORANGE
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.
-
ARTS
Marissa J. Asistin
City Clerk
ATTACHMENT B
Resolution No. 2024-1490
RESOLUTION NO. 2024-1490
A RESOLUTION OF THE CITY COUNCIL OF LAGUNA NIGUEL, CALIFORNIA,
TERMINATING THE LOCAL EMERGENCY IN CONNECTION WITH THE RECENT
EARTH MOVEMENT UNDER LA PAZ ROAD
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 Director of Emergency Service stated that the ability to mobilize local resources, coordinate an interagency response, accelerate procurement of vital supplies, use mutual aid, and seek reimbursement by the State and Federal Government will be critical to successfully respond to recent earth movement under La Paz Road; and WHEREAS, the Director of Emergency Services proclaimed that 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 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 and Resolution No. 2023-1427 provide that the City Council is required to review the local emergency at least once every sixty (60) days of ratification to determine whether the conditions surrounding the local emergency still exist; and
WHEREAS, the City Council reaffirmed and extended 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 as provided by Government Code Section 8630 and Resolution No. 2023-1427, at least once every sixty (60) days, most recently by adopting Resolution No. 2024-1487, on August 6, 2024; and WHEREAS, the City Council has executed due diligence and has determined that the conditions of extreme peril presented by the recent earth movement under La Paz Road have been abated to such a degree as to warrant the termination of the local emergency; and
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Laguna Niguel as follows:
1. The City Council hereby proclaims that the local emergency declared on May 5, 2023, by the Director of Emergency Services, which was ratified by the City Council on May 10, 2023, via Resolution No. 2023-1427, and extended by the City Council most recently on August 6, 2024, via Resolution No. 2023-1487, is hereby terminated.
2. 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.
3. This Resolution shall be effective immediately upon adoption by the City Council.
PASSED AND ADOPTED this 20th day of August 2024.
Kelly Jennings, Mayor
ATTEST:
Marissa J. Asistin, City Clerk