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HomeMy WebLinkAbout2005-47 - Stabilization of Morning CanyonRESOLUTION NO. 2005 - 47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING THE IMMEDIATE STABILIZIATION OF MORNING CANYON TO BE A MATTER REQUIRING EMERGENCY ACTION, CONFIRMING AUTHORIZATION OF THE PUBLIC WORKS DIRECTOR TO AWARD A CONTRACT FOR THE STABILIZATION OF THE CANYON , AND CONFIRMING THE AWARD OF THE CONTRACT TO SUNQUEST GENERAL ENGINEERING The City Council finds and declares as follows: WHEREAS, urban development in the Morning Canyon watershed over the past 60 years has reached a critical point such that the canyon bottom is rapidly eroding; and WHEREAS, the fill material on the Cameo Highlands canyon slopes sits on a clay layer which in turn sits on an adversely inclined bed surface, and that this barely stable slope condition can be disrupted with minor amounts of infiltrated rainwater, and that the 2005 catastrophic Bluebird Canyon slope failure in Laguna Beach was due to a similar failure mode and resulted in substantial loss of property and endangered residents; and WHEREAS, the risk assessment by Leighton Consulting, Inc. dated August 8, 2005, states that in Morning Canyon, especially "... where the manufactured fill comprises the major portion of canyon side, the landsliding risk is very high. Almost certainly there will be a massive landsliding even if the next rainy season produces moderate rain and stream flow "; and WHEREAS, the storm season officially commences on October 15 and significant rainfall usually is expected no later than January; and WHEREAS, a rigorous assessment of the canyon hydrodynamics and sediment transport has been performed and has been used as the basis for the preparation of engineered drawings and specifications to repair the canyon flood plain and install engineered gabion control structures to forestall future streambed erosion in an environmentally sensitive manner in accordance with best practices and in concert with the regulatory agencies; and WHEREAS, the project will take approximately 60 days to complete; and WHEREAS, permit applications have been submitted and approved by State Fish and Game, Army Corps of Engineers and Regional Water Quality Control Board; and WHEREAS, the permit application with the California Coastal Commission (CCC) has been deemed complete and City staff has met with CCC staff to discuss the project, CCC staff cannot agendize the permit application to be heard before the Commission until October 13 and such a delay will put the City in jeopardy of not being able to complete the project in advance of the expected storms within the winter rain season. NOW THEREFORE, based upon the above findings, the City Council declares the conditions in Morning Canyon constitute an emergency situation and that staff is directed to: 1. Move forward with the Morning Canyon Stabilization Project so work can be completed in advance of the expected storms and 2. Continue working with California Coastal Commission staff to secure a Coastal Development Permit and make their best efforts to incorporate the conditions of the permit into the ongoing project. Adopted this 13`h day of September, 2005 ATTEST: City Clerk a or STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2005 -47 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 13th day of September 2005, and that the same was so passed and adopted by the following vote, to wit: Ayes: Selich, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Heffernan Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 14th day of September 2005. (Seal) INIn 0 0 City Clerk Newport Beach, California