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CC RES 2026-016 RESOLUTION NO. 2026-16 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 STORM DRAIN LOCATED ON CRENSHAW BOULEVARD APPROXIMATELY 830-FEET NORTH OF CREST ROAD, 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- fifths 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 111 the action is necessary to respond to the emergency. 01203 0006 2098323 1 (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 outside of the normal bidding process 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. In January 2025, a resident reported concerns that a location on Crenshaw Boulevard appeared to be sinking. Shortly thereafter, Staff conducted a camera inspection of the existing storm drain system at the reported location. The camera inspection revealed that the existing metal pipe was rusted out along the flowline and required replacement; however, there was no indication at that time that the pipe was collapsing or the roadway was subsiding. Staff began the process of preparing 01203 0006 2098323 1 Resolution 2026-16 Page 2 of 4 engineered plans and specifications, through a consultant engineer, to obtain construction bids for replacement of the pipe; and b. In August 2025, as part of a routine inspection, Staff observed separation of a portion of the curb and gutter located above the storm drain line. As a precautionary measure, the City installed steel plates across Crenshaw Boulevard while engineering design of the replacement project was in progress; and c. After observing the expansion of a sinkhole on Hawthorne Boulevard at Indian Valley Road shortly after recent rainstorms, Staff immediately obtained an additional camera inspection of the Crenshaw Boulevard storm drain to be sure that the condition there was not also worsening due to the recent rainstorms; and d. The new camera inspection results identified separation and settlement of a portion of the metal storm pipe near the median, indicating further deterioration of the system and the possibility of a sinkhole forming; and e. In light of the accelerating deteriorating conditions, the City Council finds and determines that immediate action to replace the storm drain pipe as quickly as possible is needed; and f. The foregoing constitutes an emergency within the meaning of Public 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 storm drain on Crenshaw Boulevard approximately 830-feet north of Crest Road and to do so without the use of competitive proposals as an emergency scope of work; and b. The City Manager and Director of Public Works are further directed to finalize negotiations for $450,000 in the CIP Fund from Fiscal Year 2025-26 Capital Improvement Program - Storm Drain Improvements at Montemalaga Canyon (Project 8726) to Storm Drain Asset Management Program & Master Plan Update (Project 8701); and c. The City Manager and Director of Public Works are further authorized to execute agreements to conduct the repairs and associated work in a form approved by the City Attorney; and d. The City Manager and Director of Public Works are further authorized to undertake emergency repairs to the storm drain on Crenshaw Boulevard; and 01203 0006 2098323 1 Resolution 2026-16 Page 3 of 4 e. The City Council hereby reallocated the sum of $450,000 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 3rd day of March, 2026. Paul Se , Ma r---- Attest ofkatIA--,- ity lerk 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. 2026-16 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on March 3, 2026. 444.149. ity irk I 01203 0006 2098323 Resolution 2026-16 Page 4 of 4