RESOLUTION NO. 23-63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, RATIFYING AN EMERGENCY CONSTRUCTION CONTRACT WITH ALLIANCE DIVERSIFIED ENTERPRISES, INC. AND FIRST AMENDMENT THERETO FOR TEMPORARY EMERGENCY SLOPE STABILIZATION REPAIRS AT CASA ROMANTICA FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $350,000 AND APPROPRIATING FUNDING THEREFORE WHEREAS, a landslide on April 27, 2023 necessitated an emergency response to ensure that more damage was not caused to a condominium building and railroad tracks adjacent to the failed slope; and WHEREAS, in order to protect public health and safety and prevent or mitigate an emergency, City staff asked a contractor who specializes in this type of emergency work (Alliance Diversified Enterprises, Inc.) to mobilize as soon as possible to begin work in which they did on Friday, May 12, 2023 to start the repairs under the supervision of LGC; and WHEREAS, the initial emergency work was completed on June 2, 2023 and included removing the large knob of soil at the north end of the landslide area to reduce the chance of more material sliding down on the railroad tracks or against the condominium building; and WHEREAS, some soil was excavated and hauled off site and additional soil was placed against the vertical slope nearest the Casa Romantica building to temporarily stabilize that slope. Debris and soil was also removed from the condominium building to relieve pressure; and WHEREAS, after completion of the initial work, the slope started moving again the morning of June 3rd and more reshaping and regrading of the slope occurred on June 3 through 4, 2023; and WHEREAS, before proceeding with the work, staff determined that the project qualified for an exemption pursuant to Section 15269(c) of the State CEQA Guidelines as specific actions necessary to prevent or mitigate an emergency; and WHEREAS, the California Coastal Commission was notified on May 11, 2023 of the immediate emergency action needed to stabilize the slope; and WHEREAS, the City Manager executed an emergency construction contract with Alliance Diversified Enterprises, Inc. for the original emergency temporary slope stabilization repairs including excavation, grading, compaction and shoring estimated at $200,000; and WHEREAS, due to uncertainty of the work and unforeseen site conditions, including excess groundwater and constantly shifting soil, an amendment to the contract is needed to increase the original estimate amount from $200,000 to $350,000 for the emergency temporary slope stabilization repairs at Casa Romantica.
NOW, THEREFORE, the City Council of the City of San Clemente hereby resolves as follows:
SECTION 1. That the foregoing recitals are true and correct and incorporated herein as findings.
SECTION 2. That an emergency exists due to the potential failure of an existing slope and that the situation requires immediate action to prevent or mitigate impairment to property and public services that might otherwise occur if required to incur delays attributed to the typical engineering analysis and competitive bidding process.
SECTION 3. That the public interest and necessity demand the immediate expenditure of public funds to safeguard public health and safety.
SECTION 4. That the emergency construction contract with Alliance Diversified Enterprises, Inc. previously executed by the City Manager is hereby ratified.
SECTION 5. That the City Manager is authorized and directed to execute a first amendment emergency construction contract with Alliance Diversified Enterprises, Inc. for temporary emergency slope stabilization repairs at Casa Romantica for a contract amount not to exceed $350,000 in substantially the same form as attached to this resolution as Exhibit A and incorporated herein.
SECTION 6. That a supplemental appropriation in the amount of $350,000 to Account Number 001-481-43470-000-23502 from the General Fund unassigned fund balance is hereby approved.
SECTION 7. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED AND ADOPTED this _____ day of June, 2023.
ADVANCE \X 317.30_______________________
Mayor of the City of
San Clemente, California
ATTEST:
__________________________
CITY CLERK of the City of
San Clemente, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 23-63 was adopted at a regular meeting of the City Council of the City of San Clemente held on _______ day of May 2023, by the following vote:
AYES:
NOES:
ABSENT:
ADVANCE \X 317.30_______________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
_________________________
Elizabeth A. Mitchell, City Attorney
Resolution No. 23-63 Page PAGE 4
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