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RESOLUTION NO. 2005 - 47 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT <br />BEACH DECLARING THE IMMEDIATE STABILIZIATION OF MORNING <br />CANYON TO BE A MATTER REQUIRING EMERGENCY ACTION, <br />CONFIRMING AUTHORIZATION OF THE PUBLIC WORKS DIRECTOR <br />TO AWARD A CONTRACT FOR THE STABILIZATION OF THE <br />CANYON , AND CONFIRMING THE AWARD OF THE CONTRACT TO <br />SUNQUEST GENERAL ENGINEERING <br />The City Council finds and declares as follows: <br />WHEREAS, urban development in the Morning Canyon watershed over the past <br />60 years has reached a critical point such that the canyon bottom is rapidly eroding; <br />and <br />WHEREAS, the fill material on the Cameo Highlands canyon slopes sits on a <br />clay layer which in turn sits on an adversely inclined bed surface, and that this barely <br />stable slope condition can be disrupted with minor amounts of infiltrated rainwater, and <br />that the 2005 catastrophic Bluebird Canyon slope failure in Laguna Beach was due to <br />a similar failure mode and resulted in substantial loss of property and endangered <br />residents; and <br />WHEREAS, the risk assessment by Leighton Consulting, Inc. dated August 8, <br />2005, states that in Morning Canyon, especially "... where the manufactured fill <br />comprises the major portion of canyon side, the landsliding risk is very high. Almost <br />certainly there will be a massive landsliding even if the next rainy season produces <br />moderate rain and stream flow "; and <br />WHEREAS, the storm season officially commences on October 15 and <br />significant rainfall usually is expected no later than January; and <br />WHEREAS, a rigorous assessment of the canyon hydrodynamics and sediment <br />transport has been performed and has been used as the basis for the preparation of <br />engineered drawings and specifications to repair the canyon flood plain and install <br />engineered gabion control structures to forestall future streambed erosion in an <br />environmentally sensitive manner in accordance with best practices and in concert with <br />the regulatory agencies; and <br />WHEREAS, the project will take approximately 60 days to complete; and <br />WHEREAS, permit applications have been submitted and approved by State <br />Fish and Game, Army Corps of Engineers and Regional Water Quality Control Board; <br />and <br />WHEREAS, the permit application with the California Coastal Commission <br />(CCC) has been deemed complete and City staff has met with CCC staff to discuss the <br />project, CCC staff cannot agendize the permit application to be heard before the <br />