Council orders competitive bids for Marquitas Slope work after debate over emergency contract

The San Clemente City Council on June 3 directed staff to put the Marquitas Slope interim reconstruction project out to competitive bid on an accelerated schedule after a lengthy discussion of risk, cost and permitting.

The work is intended to protect a city sewer pump station and the downstream sewer system from slope movement that staff described as "at its limit." Public Works Director David Ravenstorf told the council the existing temporary wall had reached the end of its effective life and the slope had continued to advance, creating a risk that another rainy season could damage the pump station and threaten sewer operations.

City staff had brought a resolution to award an emergency construction contract to a single contractor to install caissons and tiebacks, and to appropriate supplemental funds. After extended council questions and public comment, council members agreed to seek competitive proposals while preserving the city's emergency coastal-development permit and speeding the specification and procurement process.

Key technical and fiscal points discussed: - Cost and contract: Staff presented a contractor estimate in the low $2 million range for the interim reconstruction work and asked for a not-to-exceed appropriation and supplemental funds to complete the work. The formal agenda originally referenced a higher not-to-exceed figure in staff materials; staff indicated clarified budget details and a supplemental appropriation would be returned when agreements with affected property owners are finalized. - Property owner cost share: Public Works Director David Ravenstorf said there is an existing cost-share framework the city discussed with adjacent property owners. "That agreement did have a cost share in it of 60% from the city and 40% from the property owners," Ravenstorf said; staff said they expect to return with a revised, bifurcated agreement that would have the city fund the emergency portion protecting the pump station and property owners fund remaining grading work. - Indemnification and liability: Council members pressed for explicit indemnification from property owners for non-city work. Staff said indemnification language was in the prior agreement and would be included in the updated agreement brought back to council before construction begins. - Insurance and risk: Staff said insurance typically pays for damage to structures caused by a landslide but does not pay to repair the land movement itself; the city has in past incidents used its sewer fund for repairs that were not covered by insurance. - Railroad and Coastal permits: Staff warned that work requiring access near tracks will require Metrolink/railroad coordination and that railroad permits can take four to eight weeks after a contractor is on board; staff also recommended securing an extension of the emergency coastal development permit while pursuing competitive bids.

Council action and process: Council Member Victor Cabral moved and Council Member Zhen (last name not specified on the transcript) seconded a motion that staff develop specifications and put the project out for competitive bid on an accelerated timetable (two-week minimum bid period was discussed), coordinate with the Coastal Commission to extend the emergency permit as needed, and return with contracts and final funding details. The motion passed 5-0.

Next steps and timeline: Staff said it will: (1) prepare specifications as soon as possible, (2) make the bid period as short as practicable while maintaining fair competition, (3) contact the Coastal Commission for an emergency-permit extension, and (4) return to council with a recommended contract award and any revised cost-share agreement and indemnification language, likely at the next council meeting cycle. Staff and council repeatedly emphasized the intent to complete the bulk of in-ground work before the winter rainy season.

Public input: Members of the public urged competitive bidding and expressed concern about multi-year time-and-material emergency contracts that have increased overall costs on past projects; other residents urged rapid action to reduce risk to public infrastructure.

What was not decided: Council did not award the emergency sole-source contract at tonight's meeting and did not finalize the cost-share agreements or supplemental appropriation; those items will return to the council after staff negotiation with property owners and the competitive procurement process.

Votes at a glance: The motion to develop specifications, pursue expedited competitive bidding, coordinate with the Coastal Commission, and return with contract and funding recommendations passed 5-0.