Safeguard estimate rises

Barbara Diamond

City officials learned Tuesday that emergency protective measures to

winterize the Flamingo Drive landslide will cost an estimated $6.5

million -- but the city has only identified $5 million in possible

revenue.

Revenue sources that the city has in hand include the sewer fund,

money already budgeted, unspent funds from the 2004-05 fiscal year

and a percentage of property taxes, which total $2.5 million.

Possible sources include contributions from Madison Avenue residents

whose property would be protected from a further retreat of the soil,

the Laguna Beach County Water District and financial assistance from

the state and federal governments, which adds up to another $2.5

million.

City Manager Ken Frank said he will report back to the council at

the next slide update, scheduled for the Aug. 2 council meeting, on

potential funding sources for the additional $1.5 million.

The city could be on the hook for even more if the Federal

Emergency Management Agent and the Governors Office of Emergency

Management fail to tack the landslide onto national disaster

declarations in January and February.

“Private property assistance hinges on the battle the state is

having with federal government, which for reasons no one can figure

out decided that individual claims in the January storm were eligible

for assistance, but not for the February storm,” Frank said.

“If the slide is tied to the January storm, there will be

assistance. If it is tied to the February storm there will be no

assistance.”

Geologists seem to agree that the heavy winter rain was the

culprit.

Frank is estimating government funding of $900,000 in his list of

possible revenue for winterization projects, but the city is still

waiting to hear.

Winterization projects include stabilizing Madison Avenue, a

variety of procedures to keep the slide mass from moving and

restoration of the drainage through Bluebird Canyon. To date, the

city has laid out $500,000.

Drainage restoration alone is estimated to cost $2 million.

“There are three parts to the work,” said Pat Fusco, principal of

Fusco Engineering, a consultant to the city.

Fusco said that what used to be a creek is blocked with soil that

needs to be left in place to buttress the failed slope.

“The creek is gone,” Fusco said. “We are going to install a pipe,

500 feet long, with a 72-inch diameter, about 10 or 20 feet deep so

the flow will pass under the dirt.”

At the same time, sewer lines and water mains will be put back,

but not in the same place.

“The sewer line was in a dumb place, too close to the houses,”

Fusco said. “We will put it at the back of the private lots on

Bluebird Canyon Drive.

Fusco said plans for the drainage repairs will give people

something to show lenders and a leg up on their own plans.

The water district is listed as a possible funding source for $1

million because of damage to its Bluebird Canyon facility. However,

the amount of its participation must be in proportion to the benefit

the district derives, according to state law.

Fusco is also working with Geofirm, the city’s consulting

geologists, to complete emergency slope protective measures before

the rainy season, Community Recovery Coordinator Bob Burnham said.

The new $6.5-million estimate only covers the costs of immediate

projects. Costs, funding and propels for permanent repairs are

pending.

Frank said it was unlikely that “ultimate fix” on which Fusco and

geologist Hannes Richter are working, would be ready for the Aug. 2

update.

CITY TAKES SLIDE-RELATED ACTION

The council unanimously voted at the special meeting to establish

procedures for the formation of a geologic hazard abatement district.

The state has authorized local governments to form assessment

districts to abate hazards, according to Frank. The districts can be

used to take steps to prevent landslides or other slope failures or

to repair them.

Frank said such a district is likely to be necessary to deal with

the Flamingo landslide. Council action Tuesday did not create a

district, but put in place the procedures to form one in an

expeditious manner if needed.

Also, the council unanimously voted to send a request to the

Public Employee Retirement System to exempt city-appointed Community

Recovery Coordinator Bob Burnham from a limit on the number of hours

he can work without jeopardizing his retirement.

Burnham, who retired as Newport Beach city attorney, has worked

this year as a consultant to that city, as well as working

substantially more than 40 hours a week on the slide recovery. He is

about to exceed the 960-hour limit.

State law includes a provision that allows the retirement system

board to grant exceptions to the limit if a city council adopts a

resolution to extend the hours. The position must be of limited

duration and require special skills or it must be necessary in an

emergency to prevent stoppage of public business.

“There is absolutely no question that we are in an emergency

situation and Mr. Burnham’s continued employment is absolutely

essential to complete the short-term and long-term restoration

measures to protect public health and safety,” Frank said..

The request would include the rest of 2005 and all of 2006.

Burnham is paid $50 an hour for his services.

The council also unanimously endorsed Mayor Elizabeth

Pearson-Schneider’s request to appoint her and Councilwoman Cheryl

Kinsman to an Adopt-A-Family council subcommittee.

“It has been very successful,” Pearson-Schneider said. “Five

adoptions look very positive and we are actively looking for a donor

for a sixth family. The first family to be adopted were the

Lockharts, who were adopted by the local architects.”

The council also approved the concept of temporary housing for

displaced families on a vacant parcel in Laguna Canyon.

Pearson-Schneider announced Tuesday that Phyllis Phillips, owner

of property at 113 Canyon Acres, has tentatively indicated

willingness to allow the temporary use.

The temporary use would be limited to two years.

QUESTION

Is the Bluebird Canyon landslide zone becoming a fiscal black

hole? Write us at P.O. Box 248, Laguna Beach, CA, 92652, e-mail us at

[email protected] or fax us at 494-8979. Please give your

name and tell us your home address and phone number for verification

purposes only.