RESOLUTION NO. 23-76
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, DIRECTING STAFF TO START IMMEDIATELY ON THE EMERGENCY SLOPE STABILIZATION REPAIRS AT CASA ROMANTICA AND TO BRING TWO FUTURE AGENDA ITEMS TO CITY COUNCIL TO RATIFY AN EMERGENCY CONSTRUCTION CONTRACT WITH ALLIANCE DIVERSIFIED ENTERPRISES, INC. AND AN EMERGENCY PROFESSIONAL CONSULTANT SERVICES AGREEMENT WITH LGC GEOTECHNICAL, INC., FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15269(C) OF THE STATE CEQA GUIDELINES AND APPROPRIATING $8,583,560 IN 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, the initial temporary repairs completed on June 4, 2023 including regrading and reshaping the site did not stabilize the slope and the slope continues to creep slowly; and WHEREAS, in order to protect public health and safety, more substantial repairs are needed immediately to secure the building and site to protect life and property prior to the upcoming winter rain season; and WHEREAS, the next phase of work will include the installation of tiebacks and grade beams along the slope beneath the Casa Romantica building to secure the unstable slope; and WHEREAS, it is anticipated that the tiebacks will be drilled 5 feet on center in rows across the slope and founded approximately 100 feet into the slope and secured with grade beams; and WHEREAS, as the tiebacks and grade beams are installed, the slope will be excavated from the top to the bottom. The slope will then be reconstructed in front of the grade beams with the use of geogrid reinforcement placed within the compacted soil backfill; and WHEREAS, the landslide soil mass will be need to be excavated, hauled off site and blended with other soil material and then brought back to the site to be placed and compacted in lifts to rebuild the slope; and WHEREAS, the exact amount of soil that needs to be excavated and then replaced and compacted is unknown due to the possible presence of another landslide mass at the base of slope near the railroad tracks.
NOW, THEREFORE, the City Council of the City of San Clemente hereby finds, resolves and determines as follows:
SECTION 1. That the foregoing recitals are true and accurate and are incorporated herein.
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 the City were 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.
SECTION 4. That under the California Environmental Quality Act (CEQA) Guidelines, an emergency is defined as a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to life, health, property, or essential public services and includes fire, flood, earthquake, or other soil or geologic movements, as well as such occurrences as riot, accident or sabotage. This project meets the definition of an emergency and is exempt from CEQA pursuant to Section 15269(c) of the State CEQA Guidelines as specific actions necessary to prevent or mitigate an emergency.
SECTION 5. That a supplemental appropriation in the amount of $8,583,560 to Account Number 001-481-43470-000-23502 from the General Fund unassigned fund balance is approved; and SECTION 6. That staff is authorized and directed to take such actions as are necessary and proper to start immediately on the emergency slope stabilization repairs at Casa Romantica, including entering into a contract and bringing a future agenda item to City Council to ratify an Emergency Construction Contract with Alliance Diversified Enterprises, Inc. on a time and materials basis for an amount not to exceed $7,800,000.
SECTION 7. That staff is authorized and directed to enter into a contract and bring a future agenda item to City Council to ratify an Emergency Professional Consultant Services Agreement with LGC Geotechnical, Inc. on a time and materials basis for an amount not to exceed $783,560 for geotechnical design and consulting, construction oversight, testing and inspection as well as the subcontracted work to include surveying and civil site design.
SECTION 8. 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 July, 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. 23-76 was adopted at a regular meeting of the City Council of the City of San Clemente held on _______ day of July 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. 23-76 Page PAGE 2
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