CC RES 2023-007 RESOLUTION NO. 2023-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES FINDING AND DECLARING,
BY A FOUR-FIFTHS VOTE OF THE ENTIRE CITY
COUNCIL, THAT AN EMERGENCY EXISTS WHICH WILL
NOT PERMIT THE COMPETITIVE SOLICITATION OF BIDS
TO REPAIR A SINKHOLE LOCATED AT HAWTHORNE
BOULEVARD NEAR SEAMOUNT DRIVE/EDDINGHILL
DRIVE, AND AUTHORIZING THE CITY MANAGER TO
AWARD A CONTRACT TO REPAIR AND REMEDIATE THE
SAME
WHEREAS, Public Contract Code § 1102 defines "emergency" as "a sudden,
unexpected occurrence that poses a clear and imminent danger, requiring immediate
action to prevent or mitigate the loss or impairment of life, health, property, or essential
public services;" and
WHEREAS, Public Contracts Code § 22050 set forth the procedure for the
emergency contracting for a public works as follows:
(a)(1) In the case of an emergency, a public agency, pursuant to a four-
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vote of its governing body, may repair or replace a public facility,
take any directly related and immediate action required by that
emergency, and procure the necessary equipment, services, and
supplies for those purposes, without giving notice for bids to let
contracts.(2) Before a governing body takes any action pursuant to
paragraph (1), it shall make a finding, based on substantial evidence set
forth in the minutes of its meeting, that the emergency will not permit a
delay resulting from a competitive solicitation for bids, and that the action
is necessary to respond to the emergency.
(b)(1) The governing body, by a four-fifths vote, may delegate, by
resolution or ordinance, to the appropriate county administrative officer,
city manager, chief engineer, or other nonelected agency officer, the
authority to order any action pursuant to paragraph (1) of subdivision
(a).(2) If the public agency has no county administrative officer, city
manager, chief engineer, or other nonelected agency officer, the
governing body, by a four-fifths vote, may delegate to an elected officer
the authority to order any action specified in paragraph (1) of subdivision
(a).(3) If a person with authority delegated pursuant to paragraph (1) or
(2) orders any action specified in paragraph (1) of subdivision (a), that
person shall report to the governing body, at its next meeting required
pursuant to this section, the reasons justifying why the emergency will not
permit a delay resulting from a competitive solicitation for bids and why
the action is necessary to respond to the emergency.
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(c)(1) If the governing body orders any action specified in subdivision (a),
the governing body shall review the emergency action at its next regularly
scheduled meeting and, except as specified below, at every regularly
scheduled meeting thereafter until the action is terminated, to determine,
by a four-fifths vote, that there is a need to continue the action. If the
governing body meets weekly, it may review the emergency action in
accordance with this paragraph every 14 days.
(2) If a person with authority delegated pursuant to subdivision (b) orders
any action specified in paragraph (1) of subdivision (a), the governing
body shall initially review the emergency action not later than seven days
after the action, or at its next regularly scheduled meeting if that meeting
will occur not later than 14 days after the action, and at least at every
regularly scheduled meeting thereafter until the action is terminated, to
determine, by a four-fifths vote, that there is a need to continue the action,
unless a person with authority delegated pursuant to subdivision (b) has
terminated that action prior to the governing body reviewing the
emergency action and making a determination pursuant to this
subdivision. If the governing body meets weekly, it may, after the initial
review, review the emergency action in accordance with this paragraph
every 14 days.(3) When the governing body reviews the emergency
action pursuant to paragraph (1) or (2), it shall terminate the action at the
earliest possible date that conditions warrant so that the remainder of the
emergency action may be completed by giving notice for bids to let
contracts; and
WHEREAS, Rancho Palos Verdes Municipal Code §§ 2.44.060 and 2.44.070(c),
authorizes the City to procure services from a vendor awarded a bid by another public
agency and further authorizes the finding of "exigent circumstances" warranting the
immediate procurement of the same.
NOW, THEREFORE, THE RANCHO PALOS VERDES CITY COUNCIL HEREBY
FINDS, DETERMINES AND RESOLVES, AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct and are incorporated
herein by this reference.
SECTION 2. Based on substantial evidence provided in the staff report
accompanying this resolution, the City Council hereby makes the following findings:
a. On Friday January 27, 2023, a Palos Verdes Peninsula Transit
Authority bus broke through the pavement of northbound Hawthorne Boulevard
approaching Seamount Drive/Eddinghill Drive (the sinkhole"); and
b. The sinkhole developed because part of a corrugated metal storm
drain pipe under the road failed and allowed the soil below the roadway to wash through
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the remainder of the pipe.
c. The pipe in question failed because it reached the end of its useful
life and corroded to the point that it could no longer support the load of the road. The
failed City pipe connects to upstream and downstream pipes owned by the Los Angeles
County Flood Control District ("LACFCD"); and
d. Staff and City consultants inspected the site and determined that the
bottom of the pipe had failed and that immediate action is needed to prevent further
undermining and the development of a sinkhole in the second lane.
e. The sinkhole is approximated to be up to 10 feet deep, beginning at
the manhole and extending under the sidewalk and a portion of the concrete bus pad;
and
f. Under the current condition, storm water does not have a
conveyance structure under Hawthorne Boulevard and instead pools under the pipe
causing additional damage to the roadway supporting structure; and
g. This places the utility lines, particularly a gas line, underneath the
roadway at imminent risk of severe damage; and
h. The foregoing constitutes an emergency within the meaning of Public
111 Contracts Code § 1102 authorizing emergency repairs pursuant to Public Contracts Code
§ 22050.
SECTION 3. Based on the foregoing findings, the City Council approves the
following emergency actions to repair and remediate the sinkhole:
a. The City Manager and Director of Public Works are hereby
authorized to develop a scope of work to repair the pipe and restore the roadway and
seek proposals from construction contractors competitively procured through LACFCD
for as-needed and emergency storm sewer work; and
b. The City Manager and Director of Public Works are further directed
to finalize negotiations, for the emergency public works contract in an amount not to
exceed $350,000, with a 20% contingency of$70,000 to be approved by the City Manager
with authorization to execute change orders for unforeseen work during the performance
of such emergency repairs; and
c. The City Manager and Director of Public Works are further
authorized to execute an agreement for consulting services in a not to exceed amount of
$50,000 with Sunbeam Consulting, Inc. with a contingency of$10,000; and
Id. The City Manager and Director of Public Works are further
authorized to undertake emergency repairs of the sinkhole upon final negotiations of the
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foregoing emergency public works contract and emergency professionals services and to
execute the same following approval of both as to form by the City Attorney; and
e. The City Council hereby appropriates the sum of$480,000 to fund
the costs of such emergency work and services.
SECTION 4. Pursuant to Public Contract Code § 22050, The City Manager and
Director of Public Works shall report to the City Council, at the next regular meeting of
the City Council, 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.
SECTION 5. Pursuant to Public Contract Code § 22050, the City Council shall,
at every regularly scheduled meeting thereafter, 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.
The City Clerk shall certify to the passage and adoption of this resolution.
PASSED, APPROVED and ADOPTED by a four-fifths vote of the entire City
Council on this 21st day of February, 2023 by the following roll call vote:
AYES: Alegria, Bradley, Cruikshank, Seo and Mayor Ferraro
NOES: None
ABSENT: None
ABSTAIN: None
Barbara Ferrari, Mayor
Attest:
1_, •
City Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Teresa Takaoka, City Clerk of the City of Rancho Palos Verdes, hereby certify that the
above Resolution No. 2023-07 was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on February 21, 2023.
CV/
City Clerk
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