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.
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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 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
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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
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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
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