HomeMy WebLinkAboutMINUTES - 07231996 - D4ABC HAI
' TO: BOARD OF SUPERVISORS
J
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: July 23, 1996
SUBJECT: Determine the Need to Continue the Emergency Action Regarding the Repair of"Hill 310"
Land Creep, Bay Point
Project No.: 4500-6G5094
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
DETERMINE that there is a need to continue the emergency action taken by the Board of
Supervisors on June 4, 1996 pursuant to Public Contract Code Sections 22035 and 22050, to
repair the "Hill 310" Land Creep, Bay Point.
II. Financial lmpact:
Total cost of repairs cannot be fully determined at this time, but staff is developing an estimate
for completion of the repair.
III. Reasons for Recommendations and Background:
A. On February 26, 1996, Public Works and Building Inspection were notified that cracks were
occurring in Beaulieu Court. The County hired a geotechnical firm to identify the cause of
the slide, and recommend and direct remedial actions to mitigate land movement.
B. On March 19, 1996 the Board of Supervisors concurred in the County Administrator's
proclamation of a local emergency.
C. June 4, 1996 the Board of Supervisors declared an emergency and authorized the Public
Works Director to proceed in the most expeditious manner to repair the area subject to
creep.
Continued on Attachment: X SIGNATURE: V
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE _OTHER
SIGNATURE(S):
ACTION OF BOARD ON July 23, 1996 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
X-X UNANIMOUS (ABSENT ------- )
AYES: NOES:
ABSENT: ABSTAIN:
MLH:drg
g\design:BO:bohil310.t7 I hereby certify that this Is a true and correct copy of
an action taken and entered on the minutes of the
Board of SuperAsora on the data shown.
Orig. Div: Public Works(Design) July 23, 1996
Contact: Pattie McNamee(313-2303) ATTESTED- July — ----�
cc: CAO LOR Clerk of the Board
Auditor/Controller iod my Ad
County Counsel
GMEDA
Design Div.
Construction Div.
Maintenance Div.
Determine the Need to Continue the Emergency Action Regarding the Repair of"Hill 310" Land Creep
July 23, 1996
Page Two
III. Reasons for Recommendations and Background (cont'd):
D. Repair status is as follows:
1. Geotechnical and civil engineers completed surface and subsurface exploration of
the site. With the information gained from this exploration, the final design of the
repair has been completed. Upon completion of advertisement and award of the
repair contract, the start of work on the construction of the repair is anticipated by
late August.
2. Coordination with the affected utilities is ongoing to facilitate the necessary
relocations for the repair project and reconstruction of permanent services.
3. Regulatory permitting agencies with jurisdiction over a portion of the repair area
have been notified of the project and are preparing the necessary approvals to allow
the repair work to proceed.
4. Right of way acquisition activities are ongoing to ensure the necessary temporary
and permanent land rights are obtained to accommodate the repair.
IV. Consequences of Negative Action:
Repair work would not be completed before next winter.
TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: JULY 23, 1996
SUBJECT: AUTHORIZE THE COUNTY ADMINISTRATOR, PUBLIC WORKS DIRECTOR AND
AUDITOR-CONTROLLER TO ACT ON BEHALF OF THE BOARD AS REQUIRED TO
EFFECT REPAIR OF THE "HILL 310" LAND CREEP, BAY POINT AREA.
Project No. 4500-6135094
Specific Request(s)or Recommendation(s)&Background&Justification
I. Recommended Action:
1. DIRECT the County Auditor-Controller to setup an account, including the deposit of up to$60,000,with the
appropriate financial institution to enable the institution to issue an Irrevocable"Standby" Letter of Credit to
the California Department of Fish and Game (DFG) to allow the County to proceed with the repair of"Hill
310" Land Creep, Bay Point area.
2. AUTHORIZE the County Administrator, or his designee, to sign on behalf of the Board of Supervisors any
documents required to allow issuance of said Irrevocable"Standby" Letter of Credit.
3. AUTHORIZE the County Public Works Director, or his designee, to sign on behalf of the Board of
Supervisors any, and all, real property-related documents, including but not limited to right of entries, slope
and drainage easements, and temporary construction easements, as required to allow repair of"Hill 310"
Land Creep.
4. Furthermore,.AUTHORIZE the County Public Works Director to sign on behalf of the Board of Supervisors
all regulatory permits, consulting services agreements and material purchase agreements, including but not
limited to agreements to remove soil materials from private property, required to effect the repair of"Hill 310"
Land Creep.
II. Financial Impact:
The total cost to the County represented by these commitments cannot be determined at this time. Negotiations with
DFG,Army Corps of Engineers, State Regional Water Quality Board, consultants and nearby property owners are not
completed. Staff will seek to recover costs from firms responsible for creating the creep conditions.
Continued on attachment: x SIGNATUR
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON: July 23, 1996 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
X UNANIMOUS (ABSENT --- )
AYES: NOES:
ABSENT: ABSTAIN:
ELG:sl
g:\F L DCTL\B O\baybo.t7
Orig.Div.: Public Works (Design)
Contact: M. Hollingsworth(313-2231) 1 hereby certify that this Isatrue and correct copyof
an action taken and entered on the minutes of the
cc: County Administrator Board of Supervisors on the date shown'
Auditor-Controller ATTESTED:. July 23, 1996
County Counsel P4W41L pATCMELOR,Clerk of the Board
Public Works Director Is Coun ministr
alm—
Construction
y �
AUTHORIZE THE COUNTY ADMINISTRATOR, PUBLIC WORKS DIRECTOR AND AUDITOR-CONTROLLER TO ACT ON
BEHALF OF THE BOARD AS REQUIRED TO EFFECT REPAIR OF THE "HILL 310" LAND CREEP, BAY POINT AREA.
Project No. 4500-6G5094
Page-2-
III. Reasons for Recommendations and Background:
The Board has been provided periodically details regarding the land slippage since March 19, 1996. On June
4, 1996 the Board declared an emergency for the repair of"Hill 310" land creep. This declaration also delegated
authority to the Public Works Director to proceed with the repairs. This board action clarifies and broadens
authority to effect these repairs in an expeditious manner. Little time remains to secure the necessary
easements, agreements and permits to begin repairs before the fall rains. Valuable time could be lost while
waiting for Board approval, especially with the Board's upcoming break in August.
IV. Consequences of Negative Action:
If the recommended actions are not approved, unacceptable delays in repairing "Hill 310" could occur and
increase the chances for further property damage.
qc
TO: BOARD OF SUPERVISORS
., FROM: VAL ALEXEEFF,DIRECTOR
GROWTH MANAGEMENT& ECONOMIC DEVELOPMENT AGENCY
DATE: JULY 23t 1996
SUBJECT: EXPENDITURES ASSOCIATED WITH BAY POINT LAND CREEP
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)A BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
DETERMINE whether additional slide expenditure of two homes is warranted.
FISCAL IMPACT:
There is a direct cost of$500,000 and a potential loss of$150,000 in transaction costs, if not
reimbursed through legal action.
BACKGROUND/REASONS FOR RECOMMENDATIONS:
On July 9, 1996, the Board of Supervisors directed staff to returnwith options for Board action in
relation to two homes on Beaulieu Drive. There are two aspects to this report. The first is the
current balance of expenditures incurred by the County. The second is the appropriateness of
including the two additional homes. (continued on page 2)
CONTINUED ON ATTACHMENT: ,X YES SIGNATURE:
_RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
_APPROVE _OTHER
SIGNATURE(S)-
ACTION OF BOARD ON July 23, 1996 APPROVED AS RECOMMENDED_ OTHER X
The Board DIRECTED the Director, Growth Management and Economic Development Agency, to continue monitoring
damage to any properties affected by the "Hill 310" land creep and to continue communicating with the
property owners in the affected area.
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT
X __ COPY OF AN ACTION TAKEN AND ENTERED ON THE
UNANIMOUS(ABSENT - -- 1 MINUTES OF THE BOARD OF SUPERVISORS ON THE
DATE SHOWN.
AYES: NOES: ATTESTED July 23, 1996
ABSENT:-ABSTAIN:
PHIL BAT CLERK OF THE OF
SUP R D COU AD IST
VA:dg
slidecoLbo
Contac{: Val Ale:teR(646-1620)
CC: County Adminbtmtor
County Coumel
GMEDA Departmenb
Bay Point Land Creep
July 23, 1996
Page 2
BACKGROUND/REASONS FOR RECOMMENDATIONS,(continued):
The total cost of home purchase has been $1,078,630. It is unclear whether any new homes may be
built following slide repair. Therefore, the entire amount may be an expense.
Preliminary engineering for land slide repair has been $528,152.66.
Anticipated construction costs are$2,100,000.00.
Total anticipated amount as of 7/9/96 is $4,000,000.00, which does not include the purchase of
additional homes.
Purchase of additional two homes can be estimated at $500,000, including transaction and labor
costs. Transaction costs will not be recovered upon resale.
There is no dispute over cost. The dispute lies in whether purchase of the two additional homes can
be justified.
Arguments on behalf of purchase:
I. These represent the last two homes occupied by original owners within the slide area.
2. Some correction of the homes will be necessary for level and possibly for foundation or utility
line repair. Cosmetic and landscape improvements will be needed. This can occur without
inhabitants.
3. While the interest of the County will be to ensure future stability of these homes, the
transition period between initiation of the improvements and completion, may produce stress
and anxiety. Residents have been the focus of numerous.news casts and media reports, and
the speculation over site stability may have unnerved residents.
Arguments against purchase:
I. The homes are not about to slide pursuant to geotechnical evaluation.
2. The homes will be repaired and stability ensured.
3. The homes are not needed to execute slide repair for the remainder of the site.
4. The purchase of the two occupied homes may cause additional homeowners to insist on the
purchase of their properties. This would also require the County to purchase the residence
located at 1291 Beaulieu Drive which has been abandoned and foreclosed by the Veterans
Administration.
Request to Speak Form ---D . �b,
( THREE (3) MINUTE LIMIT) `
Complete this form and place It in the box near the speakers'
before addressing the Board.
Name: �N Phone:
fir. , "-
1 am speaking for myself. or ownizaflom
oum of or�ntratioN
CHECK ONE:
1 wish to speak an Agenda Item #-
My comments will be: general .1--for._aRgainst
i wish to speak on the suiboct of
1 do not wish to speak but leave these comments for the Board
Request. to' Speak Form -1D
e�
( THREE (3) MINUTE LIMIT)
Complete this form and place it in the box near the speakers' rostrum
before addressing the Board.
Name: lw/ �;y, JWWIZ _Phone: 6Y7-9 V 9
Address:%�� eauJA;� 4c3t,�
am speaking for myself f,or organization:
omm Of 0,5W,M01",
CHEC�C ONE
1 wish to speak on Apnda fternt2l..4ZcfW
My coinments will be: Berieral _for_�gai
, 1 wish to speak on the su*d04
of
t do not wish to speak but leave these comments for the Board
to consider:
-D •4�2'
Request, to Speak Form
( THREE (3) MINUTE LIMIT) 3
Complete this form and place it In the box near the speakers' rostrum
before address*n the Board
Name: �. �1��, r U - d 11
hone.. � �
Address: Z &Auli" lt \/L .4
1 am speaking for myself or organization:
4�rne of o�anizatioN
CHECK Owish to on Item # 1k),L\'Le:NE: b .
My cormimits will be: general ✓for._agair�t
_ i wish to speak on the abject of
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to consider:
LAW OFFICES OF 1 J
NELSON & LEIGHTON I California Attorney Fee Awards 5-12
A-PROFESSIONAL CORPORATION I
MICHAEL D. NELSON It Domain Actions (CCP §§1'235.140,
ATTORNEY AT LAW l0)
939 HARTZ WAY, STE. 210 I ire §§1235.140 and 1268.610 provide for
DANVILLE, CALIFORNIA 94526 Atorney fees to defendants in eminent do-
TELEPHONE(510)837-8019 vain full or partial dismissals or who obtain
in whole or in part, attempts to acquire
--their property. See, e.g., City of Oakland v Oakland Raiders (1988)
203 CA3d 78, 249 CR 606. See also CCP §1250.410. See generally
Condemnation Practice in California §1.9 (2d Cal CEB 1995).
§5.15 C. Inverse Condemnation Actions (CCP §1036)
Reasonable attorney fees are available to successful plaintiffs in
inverse condemnation actions. CCP §1036. The issue of how to calcu-
late those fees has generated a substantial body of case law. See,
e.g., Salton Bay-Marina, Inc. v Imperial Irrig. Dist. (1985) 172
CA3d 914, 950, 218 CR 839, and cases cited there. See generally
Condemnation Practice in California §§3.8, 17.11 (2d ed Cal CEB
1995).
VI. OTHER STATUTES
§5.16 A. Consumer Protection Statutes
Many consumer protection statutes provide for reasonable attorney
fees. These include: