RESOLUTION NO. 25-135
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING AN AGREEMENT FOR RIGHT OF ENTRY CONSTRUCTION LICENSE FOR THE MARQUITA SLOPE RECONSTRUCTION WORK AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT WHEREAS, around July 1, 2015, a landslide occurred above the City’s Linda Lane Pump Station, which is a critical facility for the conveyance of approximately one million gallons per day of untreated wastewater to the City’s Water Reclamation Plant; and WHEREAS, the City initially installed a soldier pile wall with several improvements to add bracing and dewater the slope to protect the pump station, which is now failing; and WHEREAS, on March 28, 2017, the up-slope adjacent property owners requested that the City work together with them to find a solution to protect the three properties at the top of the slope along with the City’s pump station; and WHEREAS, City signed as a co-applicant for a California Coastal Development Permit Application, submitted in December 2017, to rebuild the slope with geogrid; and WHEREAS, on November 17, 2020, the City and property owners at 255, 259 and 261 W. Ave. Marquita entered into an interim Operating Memorandum that included provisions to work together through design and enter into a future agreement for the construction; and WHEREAS, the CCC provided conditional project approval on October 7, 2020 with the use of geogrid for stabilizing the slope and the City awarded a design contract to Peters and Associates for the project; and WHEREAS, due to further geotechnical analysis, the design was modified with caissons and tiebacks (protective measures) to provide stability for the top of the slope while the lower portion is excavated; and WHEREAS, in late 2024, upon completion of the slope and private property designs, the CCC staff stated that they would no longer support the project due to the addition of the protective measures and they recommended resubmittal of the project; and WHEREAS, to protect the pump station and remove the failing soldier pile wall, City staff subsequently received approval for an Emergency Coastal Development Permit (ECDP) to construct 16 caissons and 32 tiebacks directly above the pump station, with removal of the temporary soldier pile wall, keyway, and grading with geogrid fabric; and WHEREAS, on August 2, 2025, the City Council awarded a construction contract Alliance Diversified Enterprises, Inc. in the amount of $2,149,870 for construction of the ECDP work, which requires access to the up-slope private properties; and WHEREAS, in late 2024, the California Coastal Commission staff stated they would no longer support the project due to protective measures; and WHEREAS, to protect the pump station, on March 7, 2025, the City of San Clemente was granted an Emergency Development Coastal Permit for the Marquita Slope Interim Reconstruct CIP Project No. 21208; and WHEREAS, on August 5, 2025, the City Council awarded a construction contract with Atlas Diversified Enterprises, Inc. to build the Emergency Coastal Development Permit work; and WHEREAS, the City and up-slope private property owners wish to enter into a Right of Entry Construction License and Agreement for the Marquita Slope Reconstruction Work to bifurcate the construction to rehabilitate the slope to protect the pump station and private properties, allow City access to the private properties, provide for mutual indemnification and to avoid costly litigation, among other things; WHEREAS, entry into said agreement is in the best interests of the City and the public; and WHEREAS, this project was previously determined to be categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 of the state CEQA Guidelines Section 15301(b) (14 CCR Section 15302, Replacement or Reconstruction).
NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:
SECTION 1. That the above recitations are true and correct and fully incorporated herein.
SECTION 2. That the Right of Entry Construction License and Agreement for the Marquita Slope Reconstruction Work (“Agreement”) is hereby approved.
SECTION 3. That the City Manager is hereby authorized and directed to execute said Agreement in a form substantially similar to that presented to the City Council on September 2, 2025 and any required additions or modifications approved by the City Attorney.
SECTION 4. That the City Manager is authorized and directed to take such actions and execute such other and further documents as may be necessary and proper to accomplish the purposes of this resolution and implement the project.
SECTION 5. That 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 September, 2025.
ATTEST:
___________________________ __________________________
City Clerk of the City of Steve Knoblock, Mayor of the
San Clemente, California 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. 25-135 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of September, 2025, by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of September, 2025. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
Resolution No. 25-135 Page 2
Attachment 1