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RPVCCA_RDA_SR_2011_11_01_A_PVDS_Landslide_Drainage_GradingMEMORANDUM TO: FROM: DATE: SUBJECT: CHAIRMAN LONG AND BOARD MEMBERS OF THE RANCHO PALOS VERDES REDEVELOPMENT AGENCY DIRECTOR OF PUBLIC WORK~ NOVEMBER 1,2011 U PALOS VERDES DRIVE SOUTH LANDSLIDE DRAINAGE GRADING REVIEWED:CAROLYN LEHR,EXECUTIVE DIRECTOR@)-ror STAFF L1ASON:RON DRAGOO,SENIOR ENGINEE~ RECOMMENDATIONS: 1 Review and reconfirm by four/fifths (4/5)vote,the Redevelopment Agency's previous action taken on February 1,2011,authorizing staff to continue with the actions taken to perform emergency grading and the re-installation of a storm drainage system to address drainage within the Portuguese Bend Landslide. 2 Adopt Resolution 2011-_,A RESOLUTION OF THE BOARD OF THE RANCHO PALOS VERDES REDEVELOPMENT AGENCY,AMENDING RESOLUTION 2011-10,THE BUDGET APPROPRIATION FOR FISCAL YEAR 2011-12,TO CARRY FORWARD THE· BUDGET IN THE PORTUGUESE BEND CAPITAL PROJECTS FUND. BACKGROUND On February 1,2011,the Redevelopment Agency Board found that an emergency exists, which will not permit a delay arising from a competitive solicitation for bids to enter into a contract with a grading contractor,to perform emergency grading to eliminate cracks and fissures on the seaward side of Palos Verdes Drive South and to reestablish the drainage path,and to re-install the storm drainage system adjacent and perpendicular to the Palos Verdes Drive South roadway.Accordingly,the Redevelopment Agency Board approved two contracts;one with Mike Drews Construction Company,Inc.to remove approximately 500 feet of vegetation located perpendicular and to the south of the Palos Verdes Drive South and to re-grade the drainage path from the roadway to the ocean.Another contract was approved with Hardy and Harper,Inc.,to re-install a storm drainage system between the roadway running south to the ocean. RDA A-1 DISCUSSION Approval of the emergency for this work required a four-fifths (4/5)vote of the Redevelopment Agency Board under Public Contract Code Section 22050(a)(1). In addition,Public Contract Code Section 22050(c)(1)requires that when a governing body takes action under Section 22050(a)(1),it must review this action and reaffirm it by a four- fifths (4/5)vote at each subsequent regularly scheduled meeting until the work is completed and accepted. Accordingly,staff has placed this item on tonight's agenda.This item will be placed on each subsequent agenda until all the work is completed and the Redevelopment Agency accepts the project as complete. Prior to the beginning of construction,the required environmental review of the project access routes were performed with the Palos Verdes Land Conversancy and a survey for nesting birds was performed.The bird survey included a field investigation which identified nesting birds that needed to be avoided during construction.The nesting season runs from February 1 through August 31.The consultant recommended postponing construction until August 31 as required by law and to accommodate the nesting season. Funding for this project was approved and the budget established in February 2011.Due to the environmental constraints,work could not begin until September 2011 and the Fiscal Year 2010/11 ended.Funding needs to be carried over to the Fiscal Year 2011/12 (see the attached resolution)to allow the contractors working on this project to be paid. Construction on the grading portion of this project began September 19,2011.The grading is complete and the pipe will be installed shortly.The pipe installation should be completed in November. CONCLUSION Staff recommends that the Redevelopment Agency review and reconfirm by four/fifths (4/5) vote,their previous action taken on February 1,2011,authorizing staff to continue with the actions taken to perform emergency grading and the re-installation of a storm drainage system to address drainage within the Portuguese Bend Landslide and approve the attached budget resolution to carry forward the remaining budget required to complete this project. FISCAL IMPACT The available fund balance in the RDA Portuguese Bend Fund at June 30,2011 is $324,657.If this resolution is approved carrying forward the project balance from Fiscal Year 2010/11 to Fiscal Year 2011/12,the revised estimate of ending fund balance at June 30,2012 is $169,496. Attachment:Budget Resolution RDA A-2 RESOLUTION NO.RDA 2011- A RESOLUTION OF THE BOARD OF THE RANCHO PALOS VERDES REDEVELOPMENT AGENCY,AMENDING RESOLUTION 2011-10,THE BUDGET APPROPRIATION FOR FY11-12,TO INCREASE THE BUDGET IN THE PORTUGUESE BEND CAPITAL PROJECTS FUND. WHEREAS,Section 3.32 of the Rancho Palos Verdes Municipal Code provides that all expenditures in excess of budgeted allocations must be by supplemental appropriation of the Agency Board:and WHEREAS,on July 5,2011,the Board of the Rancho Palos Verdes Redevelopment Agency adopted Resolution 2011-10,approving a spending plan and authorizing a budget appropriation for FY11-12: and WHEREAS,grading has become necessary for landslide mitigation to re-establish the drainage system in the Portuguese Bend portion of the Redevelopment Project Area;and WHEREAS,the Agency Board has determined that the specific grading and drainage expenditures should be completed in FY11-12;and BE IT,THEREFORE,RESOLVED BY THE BOARD OF THE RANCHO PALOS VERDES REDEVELOPMENT AGENCY: The following adjustment is made to the FY11-12 budget: Increase the Redevelopment Agency's Portuguese Bend Capital Projects Fund budget as follows: Portuguese Bend #375-3075-461-73-00 Improvements $119,981 PASSED,APPROVED,AND ADOPTED THE 1st DAY OF NOVEMBER 2011. AGENCY CHAIRPERSON ATTEST: AGENCY SECRETARY State of California ) Cou nty of Los Angeles )ss City of Rancho Palos Verdes ) I,CARLA MORREALE,Agency Secretary of the Rancho Palos Verdes Redevelopment Agency, hereby certify that the above Resolution No.RDA 2011-was duly and regularly passed and adopted by the said Board at regular meeting thereof held on November 1,2011. AGENCY SECRETARY CITY OF RANCHO PALOS VERDES RDA A-3