HomeMy WebLinkAboutMINUTES - 06041996 - D1 Al
Page 1 of 2
THE BOARD OF SUPERVISORS OF
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on June 4, 1996, by the following vote:
AYES: Supervisors Rogers, Bishop, DeSaulnier, Torlakson
and Smith
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Repair of the "Hill 310" Land Creep at the End of
Beaulieu Drive, Bay Point Area.
The Board received and considered the recommendations of J. Michael
Walford, Public Works Director, pertinent to the declaration of an emergency
for the repair of the "Hill 310" land creep at the end of Beaulieu Drive, Bay
Point area. A copy of the recommendations are attached (Attachment A) and
included as a part of this document.
The Board also received and considered the report of Val Alexeeff, Director,
Growth Management and Economic Development Agency, recommending that
the Board accept the recommendation from Rogers/Pacific for remedial work
on "Hill 310" and direct staff to complete the remedial work as quickly as it
can be reasonably done. A copy of the report is attached (Attachment B) and
included as a part of this document.
The Board heard oral reports from the Director, Growth Management and
Economic Development, Tim Ryan, Attorney retained by Contra Costa County
and a representative of Rogers/Pacific relative to the status of the "Hill 310"
land creep, Bay Point area.
Subsequent to the oral reports and comments from the Board members,
Chairman Smith called for public comment on this matter and the following
persons addressed the Board:
Connie Tomlinson, 1291 Beaulieu Drive, Bay Point;
Scott Massoni, 1279 Beaulieu Drive, Bay Point; and
Stephan Chase, 1279 Beaulieu Drive, Bay Point
All persons desiring to speak having been heard, Chairman Smith closed the
public comment period.
At the conclusion of the Board's discussion on this matter, IT IS ORDERED
that the recommendations as presented on Attachment A and Attachment B are
APPROVED.
Al
Page 2 of 2
IT IS FURTHER ORDERED that the Public Works Director and the Director,
Growth Management and Economic Development (GMEDA), are DIRECTED
to proceed expeditiously with the repair of the damage.
IT IS FURTHER ORDERED that County Counsel and the Director, GMEDA,
are DIRECTED to pursue claims against other liable parties associated with
issues including ensuring that state of the art geological and grading processes
were implemented during the construction of the subdivision.
IT IS FURTHER ORDERED that GMEDA staff is DIRECTED to continue
working with the property owners affected by the land creep.
cc; County Administrator
Director, GMEDA
I hereby certify that this is a true and correct copy of
Design an action taken and entered on the minutes of the
Construction Board ofSupery rsonthedate own
Maintenance ATMTE eA iLOA.G of rd
Public Works, Design Divisions
Community Development Department
County Counsel
Sharon Anderson
Auditor-Controller
ATTACHMENT A �• 9
? Item D.1
TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: June 4, 1996
SUBJECT: DECLARE AN EMERGENCY FOR THE REPAIR OF THE "HILL 310" LAND CREEP AT
THE END OF BEAULIEU DRIVE, BAY POINT AREA.
Project No.: 4500-6G5094
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
1. FIND, based on the evidence set froth below and as contained in the minutes of the Board
meeting, pursuant to Public Contract Code Sections 22035 and 22050, that an emergency
exists, commencing on or about March 5, 1996, that the emergency will not permit a delay
resulting from a competitive solicitation for bids, and that the action described in this order
is necessary to respond to the emergency.
2. DELEGATE to the Public Works Director the authority to proceed in the most expeditious
manner to repair the area subject to creep to prevent further slippage in the area between
Beaulieu Drive and Sandy Cove Lane in the Bay Point area.
3. DIRECT the Public Works Director to make reports to the Board of Supervisors, as
required by Public Contract Code 22050, stating the reasons justifying why the emergency
will not permit a delay resulting from competitive solicitation for bids and why the action
is necessary to respond to the emergency, in order to enable the Board of Supervisors to
review the emergency action and to determine that there is a need to continue the action.
4. DECLARE that the project, as an emergency, is exempt from the provisions of the
California Environmental Quality Act under Resources Code Section 15269 of the State
CEQA Guidelines.
Continued on Attachment: X SIGNATURE: w
_RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED_OTHER
ATTACHMENT A
Item D.1
VOTE OF SUPERVISORS
UNANIMOUS (ABSENT )
S: NOES:
ABS ABSTAIN:
MLH:jI-a
c\130:130HB10.
Contact: Pattie McNamee, (313-2000)
Orig. Div: Public Works(Design Division)
cc: Community Development
CAO
Auditor Controller
County Counsel
GMEDA
Design
Constructio
Main nce
DECLARE MERGENCY FOR THE REPAIR
ATTACHMENT A
q Item D.1 • '
OF THE "HILL 310" LAND CREEP AT THE END OF BEAULIEU DRIVE, BAY POINT AREA
Page 2
June 11, 1996
5. DIRECT the Public Works Director to file a Notice of Exemption with the County Clerk and
to arrange for payment of the $25 filing fee.
6. RATIFY the actions of the County Administrator and the Public Works Director taken to
date in response to the land creep.
7. WAIVE the County Minority Business Enterprise and Women Enterprise Program
requirements for construction contracts, purchasing and professional service contracts.
8. DIRECT the Public Works Director to take appropriate actions to provide opportunities for
minority and women-owned businesses to participate in bidding on any contract work
and/or materials, and in the selection of any consultants associated with the repair.
Il. Financial Impact:
Total cost of repairs cannot be fully determined at this time, but staff is developing estimates to
complete expeditious stabilization, and staff will seek to recover costs from firms responsible for
creating creep conditions.
III. Reasons for Recommendations and Background:
Details concerning the land slippage in the Beaulieu Drive, Beaulieu Place and Sandy Cove:- .
Lane areas of Bay Point have been presented to the Board on March 19, 1996. To date,
extensive geotechnical investigations and interim land stabilization measures have been
completed. A design to buttress the area subject to creep to prevent further slippage is nearing
completion. If this buttress work is not completed prior to next fall and winter rains, the land creep
would resume at an increasing rate compared to last winter. Continued land creep will eventually
damage beyond repair a number of homes and possibly prevent access to a number of other
homes.
If we were to follow our normal construction contract advertisement and approval process, the
buttress repair could not be in place prior to next fall. Construction would not begin until late
August, early September. Pursuant to provisions of Sections 22035 and 22050 of the Public
Contract Code, when the appropriate fundings of an emergency are made by the Board of
Supervisors, the normal bidding procedures are waived and repairs can begin immediately.
We are, therefore, recommending that the Board make such findings and direct the Public Works
Director to proceed with the project and enter into any necessary contracts.
IV. Consequences of Negative Action:
Non-concurrence of the above recommendations will significantly and adversely, delay
stabilization of the area.
ATTACHMENT B 1
J
Item D.1
TO: BOARD OF SUPERVISORS
FROM: VAL ALEXEEFF, DIRECTOR
GROWTH MANAGEMENT & ECONOMIC DEVELOPMENT AGENCY
DATE: JUNE 4, 1996
SUBJECT: BAY POINT LAND CREEP
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
ACCEPT recominendation from Rogers/Pacific for remedial work on "Hill 310" and
DIRECT staff to complete the remedial work as quickly as it can be reasonably done.
FISCAL IMPACT:
Total cost of repairs cannot be hilly detennined at this time, but staff is developing
estimates to complete expeditious stabilization, and staff will seek to recover costs from
Finns responsible for creating creep conditions.
BACKGROUND/REASONS FOR RECOMMENDATIONS:
On February 26, 1996, Public Works and Building Inspection were notified that the
street was experiencing cracks at Beaulieu Court. -The County hired Rogers/Pacific to
identify the cause of the slide. As investigation occurred, a lot of attention was
generated by television news media with camera crews poised to watch houses slide
down the hill. Dave Rogers, of Rogers/Pacific, quickly evaluated the circumstance and
assured residents that houses would not catastrophically slide down the hill. He was
right. (contilued on page 2)
CONTINUED ON ATTACHMENT: x YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECONIMI?NDATION OF BOARD COIIMITTI?IS
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON APPROVED AS RECOMNIENDED_ OTIIER_
ATTACHMENT B
Item D.1
VOTE OF SUPERVISORS I IIEREBI'CERTIII"THAT THIS IS A TRUE AND CORRECT
COPY OF AN ACTION TAKEN AND ENTERED ON Till,"
UNANIMOUS(ABSENT ) MINUTES OF THE BOARD OF SUPERVISORS ON '1'1 ;
DATE SHOWN.
AYES: NOES:
ATTESTED
ABSENT: A AIN:
PAIL BA1'CIIF,LOR,C.'LER " Tlll'BO:�RD OF
SUPERVISORS AND C' TV ADMINISTRATOR
VA:dg BY DEPUTY
sandycov.bo
Contact: Val Alexcell'(6d6-1620)
CC: County Administrator
County Counsel
GMEDA Departments
ATTACHMENT 'B
Item D.1
T. I
s ,/)
Sandy Cove June 4, 1996 Page 2
BACKGROUND/REASONS FOR RECOMMENDATIONS: (Continued)
On March 7, 1996, a project team consisting of GMEDA,Risk Management, California Cities Water,
Delta Diablo, PGandE, and Supervisor-District 5 began meeting with area residents to provide status
reports, answer questions, and project future options. The team has met with the residents five times.
On occasion, we proposed repairs and mitigation methods which we had to change at a subsequent
meeting, but the understanding reached with residents was if they wished to be included in a briefing
format they would have to accept ambiguity and even change. Considering the degree of stress they
are undergoing, the residents have been great; they have demonstrated a sense of community
cohesion, responsibility, and cooperation.
From the teams' standpoint, our objective is to correct the problem and allow residents to resume
their lives, acknowledging that the event will leave a lasting impression on all of us. Our current
objective is to beat the next winter rainy season. We placed nearly one mile of horizontal pipe into
the hill and dug twelve vertical wells to withdraw water. As a result of these measures and drier
weather, the soil movement has stopped for the time being. The area has been aerial-photo surveyed
and the topography is current.
Another area that needs to be treated is the creek. There is a debate over whether the creek should
be open or piped. A piped creek is easier to incorporate into slope design, but an open creek avoids
environmental mitigation requirements. We are tending toward an open creek design.
Soil profile is being visually inspected by a geologist being lowered into a large diameter drilled hole.
This inspection will confirm design assumptions and facilitate final plans for earthwork.
Since the problem occurred in part because the toe of the slope was removed, adding weight to the
toe will be necessary. Several homes at the bottom of the hill have been purchased to allow us to
construct an engineered fill.
At the top of the hill, one home has been purchased that straddles the scarp line where the slope has
been separating from the hill. Other homes have received grout treatment to reinforce their
foundation. Cosmetic treatments have been proposed for all homes that have been affected by the
creep.
Some condemnation will be necessary due to time constraints posed by deadlines. Fortunately, it
consists of only one home and portions of lower subdivision property-owner interest in the lower
portion of the hill.
The County has sought to pay for the damage related to the hillside movement and not place either
the involved residents at the top of the hill or the bottom of the hill into financial jeopardy as a result
of the land creep. The County, however, cannot buy out everyone who wants to sell or fix every
crack regardless of origin. Any action that does not have a geotechnical basis related to the creep
could be characterized as gift of public funds and the County is carefully avoiding such action. This
has caused some frustration by certain property owners, but this is being dealt with on a case-by-case
basis by our geotechnical consultants, GMEDA staff, Risk Management, and District 5 staff.
The hillside will be in far better shape geotechnically upon completion of the work. A report will be
produced as part of the project, indicating the stability of the hill and structures, that can be used by
the general public to clarify the low level of risk.
The "no project" alternative is to leave the hill in its current state, which despite the pumping, will
continue to separate when rains introduce more water into the slide plane. Movement will continue
at a moderate rate until total movement reaches 2'/z feet of separation (it is currently at 1 foot). At
that time, the slide will drop substantially, at a faster rate and require far greater earthwork and
purchase of more property to create a stable development. The ongoing mitigation efforts,
neighborhood cooperation, and proposed repairs should prevent further slippage and the risk of
complete failure of the hill. A failure of the hill could cause greater impact to the property owners.
ATTENTION
SEABREEZE
AND
VIEW POINTE
HOMEOWNERS
ALL INTERESTED HOMEOWNERS ARE
INVITED TO ATTEND A BRIEFING
WITH THE BOARD OF SUPERVISORS
ONTUESDAY, JUNE4
AT APPROXIMATELY 10:10 A.M.
- 6S1 PINE STREET, ROOM 107
MARTINEZ, CALIFORNIA
WE WILL HAVE NEW INFORMATION
AND YOU ARE ENCOURAGED TO
ATTEND.
D. �
ATTENTION
SEABREEZE
AND
VIEW POINTE
HOMEOWNERS
ALL INTERESTED HOMEOWNERS ARE
INVITED TO ATTEND A GRIEFING ON
WEDNESDAYJUNE 5 AT 7:OOPM
AMBROSE COMMUNITY CENTER
( BOARD ROOM)
3105 WILLOW PASS ROAD
BAY POINT
WE WILL HAVE NEW INFORMATION
AND YOU ARE ENCOURAGED TO
ATTEND.
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?UN 02.;'96 14:43 S.CHASE 510 709 0840 T0: 5104278142 P01
June 1, 1996 COO
Mr. Tom Torlakson
supervisor, District Five
Contra Costa County
300 East Leland Road, Suite 100
Pittsburg, California 95565
Dear :!9upervisor Torlakson,
Thank you for the concern you have shown for the residents of the
Seabreeze housing development involved in the land movement problem
in Bay Point. It is reassuring to have our elected leaders listen
to our concerns and ask for our input before action is considered.
We hope your staff directs this letter to your personnel attention
prior to the Board of supervisors meeting on June 4, 1996.
We wanted to be sure you understood the position we feel the County
should adopt in order to be fair to all concerned while conserving
as many tax dollars as possible, and permanently solving this
problem.
Some points to know:
1. Our home, as do the three homes next to us either sit on the
�slide van , or the scarp of the slide runs through the
ppecause of this, we have been told by local real
estate brokers that our house has little or no value. We have
been further told by reliable mortgage brokers that we 66
�t re-finance our home, nor would aa�r-ane be ab a to tA��+
AmoTeE-R�-
u?e on thishome if they did choose to purchase it. As
te , this places us in serious fi ncial eo ardy.
2. We have suffered great stress over this matter, having watched
large cracks form in the earth next to and behind our house, as
well as watch numerous cracks develop in both the interior and
exterior of our house. The ground directly next to our home has
"opened up" and moved away from our home.
As we understand the problem; around 1985 the "toe" of the slope
was cut off, in 1990 or 1991, fill and homes were added to the top,
and when water (rain fall) was added, the hill began to move.
Therefore, part of the solution should be to remove the four homes
on _the slide or scarp of the slide from the top of the hill, remove
part of the land fill used for those homes; then prepare a small
park area where the homes once stood. The park may help to restore
value to the homes considered in the "zone of influence" as defined
by Rodgers Pacific Engineering.
It makes sense to remove some of the weight from the top of the
hill, in order to help ensure this is a one time fix for the
County, the taxpayers, and the homeowners won't have this problem
again.
JUN 02 '96 14:44 S.CHASE 510 709 0840 T0: 5104278142 P02
Page Two
it apps:���-_ aking to the other two remaining homeowners of
these to r t1ow!":X41 we would all be willing to negotiate a fair
selling pr ce of our homes to the County to facilitate this idea.
Attached to our letter are opinions and positions taken by local
real estate and mortgage professionals regarding this situation.
Please review our position, as. you review stuff reports, so that
you can better understand the problem and our suggested solution.
Thank you for you time and consideration in this matter.
V
L
Stephan Chas Scott L. Massoni
1279 Beaulieu Drive
Bay Point, California 94565
(510) 709-0511
(510) 709-0840 Fax
cc: Enclosures
Letters from: Michael Wong; Licensed Meal Estate Broker
Better Homes Real Estate
Stephen Poirier; Senior Sales Associate
Coldwell Banker Real Estate
Paul R. Wirfel; Senior Loan Officer
Bay Pacific Mortgage Company
J
JUN 02 '96 14:44 S.CHASE 510 ?09 0840 T0: 51042?8142 P03
May 25, 1996
Mr, Scott Massoni
1279 Beaulieu Drive
Pittsburg, CA
re: Sea Breeze Subdivision in Bay Point
Dear Scott,
Thank you for the tour of your home and subdivision. It's a real eye opener. In response for an
estimate of value of your property, I cannot even guesstimate a selling price due to the"intangible
factors"enveloping your area. These`intangible factors"are: 1) the earth movement under your
house, 2) the earth movement under your neighbor's house, 3) the earth movement under the
corner of your four neighboring houses, 4) the earth movement affecting the street and cul de
sac, 5) the earth movement affecting the hillside, 6) the earth movement affecting the houses and
subdivision below Sea Breeze on Sandy Cove Lane, 7) public awareness of the situation via word
of mouth and the news media, and 8) lack of a guaranteed correction of the problem at hand.
These factors would smother any realistic attempts to sell the property in today's market.
California is a consumerist state. The Buyer would have to be disclosed of all material factors
affecting the value of the property and neighborhood. Generally speaking, having just one or two
of the above named factors afflicting a property is enough to send a Buyer scurrying somewhere
else to find an unaffected house, It's just human nature to avoid problems if possible -- especially
one of this magnitude.
As a licensed broker for 16 years, I've witnessed first hand, Buyer reactions to many different
market .conditions. However constant throughout economic changes are Buyer caution and
skepticism especially when subject of earthquakes and landslides are mentioned. In this day and
age of disclosure and more disclosure, house inspections, drainage inspections, and engineering
reports abound. The more information documenting how `problem free" a property is makes
that property that much more easier to sell. Conversely, the more negative information disclosed,
makes that property that much harder to sell. Even when a property has been fully documented
and corrective measures have been completed by licensed or renown contractors, the Buyer still
might have lingering doubts. Sometimes several years of"seasoning" or heavy rainfalls may past
in order to reinforce the credibility of the corrective work performed. The "test of time" is
required to overshadow the burden of the"scarlet letter"worn by the property.
So unless you prefer to market the property at a ridiculous low fire sale price, I feel your property
will remain unmarketable until all corrective work has been time tested. Even other Sea Breeze
properties not contiguous to the affected area will have a lower sales price than other comparables
in the area due to lack of desirability.
Sincerely,
pwa W
Michael Wong
3701 Mt. Diablo Boulevard • Lafayette. California 94549 • (510) 284.9500
Each office is independently owned and operated
ZUN ?2 '96 14:45 S.CHASE 510 709 0840 T0: 5104278142 PO4
COLOWELL BANKER
RESIDENTIAL PEAL ESTATE SERVICES
1001 N.CALIFORNIA BOULEVARD
WALNUT CREEK,CA 94696
BUS.(610)936.7100
FAX (510)838.0.524
May 31, 1996
Mr. Stephan Chase
1279 Beaulieu Drive
Bay Point, CA 94565
Dear Stephan:
In regards to your property located at 1279 Beaulieu Drive in Bay Point,
CA, it is my opinion as a seasoned top producing realtor in Contra Costa
County, that your property is unsalable now and in the foreseeable future.
This is due to the proximity of your property in relation to the land
movement problem.
If you have any further questions regarding this matter, please don't
hesitate to contact me.
Sincerely,
Steve Poirier
Realtor Associate
SP:map
JUN 02 '96 14:46 S.CHASE - 510 709 0840 T0: 5104278142 P05
BAY PACIFIC
The Right People. The Right Loan.
May 28 1996
Stephen Chase
1279 Beaulieu Dr.
Bay Point, Ca. 94565
Dear Mr. Chase
I have reviewed the details regarding the current state of condition on your property
located in the Sea Breeze subdivision. Based on my expertise regarding 1279
Beaulieu Dr., the ability to obtain new mortgage financing may be difficult. Your
property may be considered unacceptable collateral for the purposes of obtaining said
financing, due to the material facts of the recent soil problems. All facts of the reports
must be reviewed and disclosed in order to make a final credit decision. Any negative
comments made within the collateral assessment will be subject to further review and
may require all work to be completed prior to issuing a new loan request.
Please call me if you require further clarification and review.
Si ly,
Pau R. Wirfel
Sr. Loan Officer
2855 Mitchell Drive, Suite 225 • Walnut Creek, CA 94598 • 510-947-2606 • FAX 510-946-2940
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