CC 2020-01-28_08m Resolution to Continue Work_Emergency Storm Drain Repair Project
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 FINDING A
DETERMINATION TO CONTINUE WORK UNDER EMERGENCY
CONTRACTS FOR THE OAK PARK BOULEVARD AND EL CAMINO
REAL EMERGENCY STORM DRAIN SYSTEM REPAIR PROJECT, PW
2020-04
DATE: JANUARY 28, 2020
SUMMARY OF ACTION:
Adoption of the Resolution by the required four-fifths vote will allow for the continuance
of emergency repairs to the storm drain system at Oak Park Boulevard and El Camino
Real.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There are no additional fiscal impacts from this Resolution beyond that of the contract
already awarded. The CalPortland Construction contract was awarded for an amount not
to exceed $150,000. Staff time is necessary to oversee construction activities with the
contractor.
RECOMMENDATION:
It is recommended the City Council: 1) receive and file an update of emergency storm
drain system repairs on Oak Park Boulevard and El Camino Real; and 2) adopt a
Resolution that there is a need to continue the emergency action for the storm drain
system repairs in accordance with Public Contract Code Section 22050.
BACKGROUND:
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.
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. PCC Section
22050 requires that after proceeding with an emergency project, the City Council shall
Item 8.m. - Page 1
CITY COUNCIL
CONSIDERATION OF ADOPTION OF A RESOLUTION PURSUANT TO PUBLIC
CONTRACT CODE SECTION 22050 FINDING A DETERMINATION TO CONTINUE
WORK UNDER EMERGENCY CONTRACTS FOR THE OAK PARK BOULEVARD AND
EL CAMINO REAL EMERGENCY STORM DRAIN SYSTEM REPAIR PROJECT, PW
2020-04
PAGE 2
review the emergency action at its next regularly scheduled meeting and at every
regularly scheduled meeting thereafter until the emergency action is terminated, and if it
is determined that there is a need to continue the action, authorize continuation of the
emergency action by a four-fifths vote. This item seeks such authorization.
ANALYSIS OF ISSUES:
As of January 23, 2020, the status of the project is as follows:
The Council adopted a Resolution declaring an emergency and authorized the
immediate expenditure of funds for the repairs.
Initial box culvert debris removal was completed.
An agreement with CalPortland Construction was initiated in an amount not to
exceed $150,000.
CalPortland began acquiring the appropriate equipment and personnel for the
repairs at the intersection of Oak Park Boulevard and El Camino Real.
Applications for emergency permits were initiated with the US Army Corps of
Engineers and Central Coast Regional Water Quality Control Board for the debris
removal.
The storm drain system repairs and related lane closure on Oak Park Boulevard is
affecting traffic and people that live, work, or commute in the area. One of the Council’s
goals is to support City infrastructure. Therefore, there is a need to protect the storm drain
system and overlying roadway, and to complete the repairs. Staff strongly believes that
there is a need to continue the emergency action.
As required by statute, staff will continue to bring a similar item to the Council on
subsequent agendas until the repairs have been completed or until the emergency action
is terminated. Until this future item, staff will continue to work with the contractor to
complete the repairs.
ADVANTAGES:
Adoption of the Resolution will allow for the continuance of emergency repairs to the storm
drain system at Oak Park Boulevard and El Camino Real and upon completion will allow
the reopening of northbound Oak Park Boulevard to two lanes of traffic.
DISADVANTAGES:
None identified at this time.
Item 8.m. - Page 2
CITY COUNCIL
CONSIDERATION OF ADOPTION OF A RESOLUTION PURSUANT TO PUBLIC
CONTRACT CODE SECTION 22050 FINDING A DETERMINATION TO CONTINUE
WORK UNDER EMERGENCY CONTRACTS FOR THE OAK PARK BOULEVARD AND
EL CAMINO REAL EMERGENCY STORM DRAIN SYSTEM REPAIR PROJECT, PW
2020-04
PAGE 3
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Adopt a Resolution determining a need to continue work under emergency action;
2. Do not adopt the proposed Resolution and direct staff to prepare a Resolution to
terminate the need to continue work under emergency action; or
3. Provide staff direction.
ENVIRONMENTAL REVIEW:
No environmental review is needed to authorize the continuation of the emergency action.
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.m. - Page 3
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE DETERMINING A NEED TO
CONTINUE WORK UNDER EMERGENCY CONTRACTS
TO REPAIR THE STORM DRAIN SYSTEM 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, if it is determined that there is a need to continue the action, PCC Section
22050 requires a four-fifths vote to authorize the continuation of 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, shall be deemed to continue.
BE IT FURTHER RESOLVED, that the local emergency shall be deemed to continue to
exist until its termination is proclaimed by the City Council.
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 28th day of January, 2020.
Item 8.m. - 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
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