CC SR 20240604 I - Emergency Hydraugers Project Continuation
CITY COUNCIL MEETING DATE: 06/04/2024
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to reconfirm continuing the emergency justification for
work and contract bidding on the Portuguese Bend Landslide Emergency Hydraugers
Project.
RECOMMENDED COUNCIL ACTION:
(1) Reconfirm, by a four-fifths vote, there is a need to continue the work on the
Portuguese Bend Landslide Emergency Hydraugers Project declared by Council-
adopted Resolution No. 2024-20 on May 7, 2024, finding an emergency exists
requiring immediate action to install hydraugers in the Portuguese Bend Landslide
to seek to mitigate the movement of the landslide ; and
(2) Direct the City Clerk to confirm the same in the minutes of this City Council
meeting, via Minute Order, reflecting this action.
FISCAL IMPACT: There is no fiscal impact associated with the recommended Council
action as $10,510,000 was appropriated by the City Council on
April 16, 2024. VR
Amount Budgeted: $10,510,000
Additional Appropriation: N/A
Account Number(s): 330-400-8304-8XXX
(CIP Fund – PB Landslide-Various)
331-400-8304-8802
(ARPA Fund – PB Landslide - Impr) VR
ORIGINATED BY: David Copp, Deputy Public Works Director
REVIEWED BY: Ramzi Awwad, Public Works Director
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. May 21, 2024 City Council Staff Report
B. May 7, 2024 City Council Staff Report
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BACKGROUND:
On October 3, 2023, the City Council adopted Resolution No. 2023-47, declaring a state
of local emergency relating to the land movement in the landslide complex. The state of
emergency has been timely renewed and is current. On May 7, 2024, the City Council
extended the Local State of Emergency pursuant to Resolution No. 2024 -20 and
approved, among other things, a Public Works Contract with Malcolm Drilling Inc.
(Malcolm) to perform the work of the Portuguese Bend Landslide Emergency Hydraugers
Project (Attachment B). On May 21, 2024, the City Council reconfirmed, by a four-fifths
vote, that there is a need to continue the work on the Portuguese Bend Landslide
Emergency Hydraugers Project (Attachment A).
DISCUSSION:
Pursuant to Public Contract Code § 22050, the City Manager and Director of Public Works
must report to the City Council at its regular meeting the reasons justifying why the
emergency continues to exist and why action outside of the normal bidding process is
necessary to respond to the emergency. Furthermore, Public Contract Code § 22050
states that the City Council shall, at every regularly scheduled meeting , consider and
reaffirm by a four-fifths vote there is a need to continue to remediate the emergency until
the authorized emergency repairs have been completed. Accordingly, because the work
has not yet been completed, this item is on tonight’s agenda. This item will be placed on
each subsequent agenda until all aspects of the project are completed.
Since the City Council’s approval of continuing the emergency project at the May 21, 2024
meeting, the need for the emergency work is ongoing. The status of the project at the
time of publication of this staff report on May 28, 2024 is as follows:
• Malcom (construction contractor) secured bonds and insurance as required by the
Public Contract Code and the City’s construction contract.
• Borehole locations were finalized and associated instrumentation ordered.
• Mobilization, staging, and drilling of the boreholes was scheduled.
Equipment for drilling the first set of boreholes is expected to arrive onsite the week of
May 27. The following week, the contractor will perform earthwork operations for access
to the boreholes. Drilling of the first borehole is scheduled to begin no later than June 10.
The emergency conditions necessitating the project are likely to persist at least until
completion of the project.
CONCLUSION:
The effects of the ongoing land movement continue to be felt in the Greater Portuguese
Bend Landslide Complex. Staff recommends reconfirming, by a four-fifths vote, that there
is a need to continue to remediate the emergency identified by City Council-adopted
Resolution No. 2024-20 (originally by Resolution No. 2023-47), and reconfirm, by a four-
fifths vote, the need for continuing the work on the Portuguese Bend Landslide
Emergency Hydraugers Project.
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ALTERNATIVES:
In addition to Staff recommendation, the following alternative action is available for the
City Council’s consideration:
1. Take other action or provide direction, as deemed appropriate.
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