CC 2020-02-25_08f Resolution_Emergency Project Termination
MEMORANDUM
TO: CITY COUNCIL
FROM: BILL ROBESON, PUBLIC WORKS DIRECTOR
BY: JILL MCPEEK, CAPITAL IMPROVEMENT PROJECT MANAGER
SUBJECT: CONSIDERATION OF ADOPTION OF A RESOLUTION PURSUANT TO
PUBLIC CONTRACT CODE SECTION 22050 TERMINATING THE
EMERGENCY DECLARATION FOR THE OAK PARK BOULEVARD AND
EL CAMINO REAL EMERGENCY STORM DRAIN SYSTEM REPAIR
PROJECT, PW 2020-04
DATE: FEBRUARY 25, 2020
SUMMARY OF ACTION:
Adoption of the Resolution will terminate the emergency action for emergency repairs to
the storm drain system at Oak Park Boulevard and El Camino Real.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
The amended Capital Improvement Program budget includes $177,580 for the Oak Park
Boulevard at El Camino Real Emergency Storm Drain Systems Repair Project.
RECOMMENDATION:
It is recommended the City Council: 1) receive and file the final report of the emergency
storm drain system repairs project on Oak Park Boulevard and El Camino Real; and 2)
adopt a Resolution pursuant to Public Contract Code Section 22050 terminating the
emergency declaration for the Oak Park Boulevard and El Camino Real Emergency
Storm Drain System Repair Project.
BACKGROUND:
Public Contract Code (PCC) Section 22050 allows a public agency, in the case of an
emergency, to 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 going through a formal bid process. At a special
meeting on January 21, 2020, the Council adopted Resolution No. 4958 declaring an
emergency and authorizing the immediate expenditure of funds to repair the storm drain
system on Oak Park Boulevard and El Camino Real.
Item 8.f. - Page 1
CITY COUNCIL
CONSIDERATION OF ADOPTION OF A RESOLUTION PURSUANT TO PUBLIC
CONTRACT CODE SECTION 22050 TERMINATING THE EMERGENCY
DECLARATION FOR THE OAK PARK BOULEVARD AND EL CAMINO REAL
EMERGENCY STORM DRAIN SYSTEM REPAIR PROJECT, PW 2020-04
FEBRUARY 25, 2020
PAGE 2
PCC Section 22050 requires that after proceeding with an emergency project, the City
Council shall review the emergency action at every regularly scheduled meeting
thereafter until the emergency action is terminated.
On January 28, 2020, the Council adopted Resolution No. 4962, and on February 11,
2020, the Council adopted Resolution No. 4965, both determining a need to continue
work under emergency contracts to repair the storm drain system on Oak Park Boulevard
and El Camino Real. The emergency conditions and repairs have been concluded and
recommends adopting the attached Resolution terminating the emergency declaration.
ANALYSIS OF ISSUES:
Since the February 11, 2020 Council meeting, the following occurred on the project:
CalPortland installed a bubble up structure to temporarily convey storm water from
the Chilton Street area to El Camino Real, and returned the area to preconstruction
conditions in the area of the void.
Statewide Traffic Safety & Sign removed the traffic control devices and all lanes
on Oak Park Boulevard were opened to through traffic.
Eikhof Design Group prepared a preliminary drainage analysis and a conceptual
plan presenting a permanent solution for drainage in the area that would share
facilities with Caltrans.
Staff forwarded the preliminary drainage analysis and conceptual plan to Caltrans
staff for consideration and requested a date/time to discuss.
At the time this staff report was prepared, all temporary measures have been
accomplished. While staff continues to coordinate with Caltrans regarding shared
facilities, during certain rain events, storm water will either be conveyed via a temporary
pipe from El Camino Real to the Caltrans right or way (if allowed), or El Camino Real will
be closed or traffic will be rerouted while City crews pump storm water off of the roadway.
ADVANTAGES:
Adoption of the Resolution will allow for the termination of the emergency declaration to
make repairs to the storm drain system at Oak Park Boulevard and El Camino Real and
will allow for permanent improvements to be completed by giving notice inviting bids.
DISADVANTAGES:
None identified at this time.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
Item 8.f. - Page 2
CITY COUNCIL
CONSIDERATION OF ADOPTION OF A RESOLUTION PURSUANT TO PUBLIC
CONTRACT CODE SECTION 22050 TERMINATING THE EMERGENCY
DECLARATION FOR THE OAK PARK BOULEVARD AND EL CAMINO REAL
EMERGENCY STORM DRAIN SYSTEM REPAIR PROJECT, PW 2020-04
FEBRUARY 25, 2020
PAGE 3
1. Adopt a Resolution terminating of the emergency;
2. Do not adopt the proposed Resolution and direct staff to prepare a Resolution to
continue work under emergency declaration; or
3. Provide staff direction.
ENVIRONMENTAL REVIEW:
No environmental review is needed to authorize the termination of the emergency
declaration.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
Item 8.f. - Page 3
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE TERMINATING THE EMERGENCY
DECLARATION FOR THE STORM DRAIN SYSTEM
REPAIRS ON OAK PARK BOULEVARD AND EL CAMINO
REAL
WHEREAS, on January 21, 2020, pursuant to Public Contract Code (PCC) Sections
20168 and 22050, the City Council deemed it was in the public interest to immediately
authorize the expenditure of City funds needed to safeguard the health, safety and
welfare and to proceed immediately with emergency repairs of the storm drain system on
Oak Park Boulevard and El Camino Real and removal of debris from the box culvert; and
WHEREAS, on January 21, 2020, the City Council deemed that the emergency repairs
would not permit a delay resulting from a competitive solicitation for bids and that prompt
action, including authorization to expend all funds required for such repairs without
competitive bidding, was necessary to respond to the emergency; and
WHEREAS, on January 21, 2020, the City Council adopted Resolution No. 4958
declaring an emergency and authorizing the immediate expenditure of funds to repair the
storm drain system on Oak Park Boulevard and El Camino Real; and
WHEREAS, PCC Section 22050 requires that after proceeding with an emergency
project, the City Council shall review the emergency action at its next regularly scheduled
meeting and at every regularly scheduled meeting thereafter until the emergency action
is terminated; and
WHEREAS, on January 28, 2020, the City Council adopted Resolution No. 4962 and on
February 11, 2020, the City Council adopted Resolution No. 4965 determining a need to
continue work under emergency contracts to repair the storm drain system on Oak Park
Boulevard and El Camino Real; and
WHEREAS, the City Council finds that there is no further need to continue the emergency
action.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE that the storm drain system emergency declared by the City Council
on January 21, 2020, is hereby terminated.
On motion by Council Member seconded by Council Member , and
on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
The foregoing Resolution was passed and adopted this 25th day of February, 2020.
Item 8.f. - Page 4
RESOLUTION NO.
PAGE 2
CAREN RAY RUSSOM, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
JAMES A. BERGMAN, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
Item 8.f. - Page 5
THIS PAGE INTENTIONALLY LEFT BLANK
Item 8.f. - Page 6