AGENDA ITEM
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: CARLO TOMAINO
CITY MANAGER
BY: GRISSEL CHAVEZ
DEPUTY CITY MANAGER
THOMAS BEKELE
PUBLIC WORKS DIRECTOR
REBECCA LOPEZ
EMERGENCY MANAGEMENT COORDINATOR
SUBJECT:
title
CONTINUANCE OF THE PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY IN RESPONSE TO THE FEBRUARY 2024 WINTER STORMS AND REAFFIRMING EMERGENCY CONDITIONS REQUIRING EMERGENCY ACTION TO COMPLETE EMERGENCY REPAIRS AT PANORAMA PROMENADE AND MOLINO AVENUE AND 20TH STREET
summary
Summary:
The City Council will consider authorizing the City Manager to extend the proclamation of the existence of a local emergency in response to the February 2024 winter storms for 60 days. The City Council will also consider adopting a resolution, by four-fifths vote, authorizing the City Manager, or his designee, pursuant to Public Contract Code Section 22050, to continue emergency storm damage repairs at the Panorama Promenade Trail and Molino Avenue and 20th Street.
Strategic Plan Goal(s):
Goal No. 1 Financial Stability: Ensure the City’s long-term financial stability and resilience.
Goal No. 2 Community Safety: Maintain community safety by supporting public safety services and increasing emergency preparedness.
Goal No. 4 Infrastructure: Maintain and improve the City’s physical infrastructure, water system, and recreational spaces.
recommendation
Recommendations:
1. Authorize the City Manager to extend the proclamation of the existence of a local emergency in response to the February 2024 winter storms for 60 days.
2. Adopt a resolution, by four-fifths vote, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SIGNAL HILL, CALIFORNIA, DECLARING THE NEED TO CONTINUE THE EMERGENCY CONTRACTING AUTHORITY DELEGATED TO THE CITY MANAGER, OR HIS DESIGNEE(S), PURSUANT TO PUBLIC CONTRACT CODE SECTION 22050
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Fiscal Impact:
The City’s preliminary cost estimate for the storm damage at the Panorama Promenade Trail, Molino Avenue, and 20th Street locations is approximately $800,000. The City Council approved a budget adjustment at its February 13, 2024, meeting to account for these project expenditures. The Public Works Department will continue to work with the engineering firms and contractors to finalize the repair costs. Staff continues tracking expenditures and pursuing available State reimbursement for all City costs incurred.
Background:
On February 4, 2024, Governor Gavin Newsom proclaimed a State of Emergency for eight counties in Southern California, including Los Angeles County, as winter storms began impacting much of the State with high winds, damaging rain, and heavy snowfall. California Government Code 8630, et. Seq., and the Signal Hill Municipal Code, Chapter 2, Section 2.76.060, provides the City Manager, as Director of Emergency Services, the authority to proclaim the existence of a local emergency if the City Council is not in session, which must be proclaimed within tendays of an event. The City Council must then ratify the proclamation within seven days, or the proclamation shall have no further force or effect.
On February 7, 2024, the City Manager acting as the Director of Emergency Services, signed a Proclamation of a Local Emergency due to the February 2024 winter storm activity. On February 13, 2024, the City Council adopted a resolution ratifying the proclamation of the existence of a local emergency (Attachment A). California and Los Angeles County continue to operate under a State of Emergency. At this time, the local emergency related to the February 2024 winter storms continues to exist. Government Code Section 8630 requires the City Council to renew a local emergency for the duration of the emergency. To remain in effect, the City Council must renew the need for the local emergency every 60 days until the City Council terminates the local emergency. At the same meeting, the City Council adopted a resolution amending the adopted budget and authorizing budget appropriations for emergency repairs resulting from the 2024 winter storm damage in the amount of $800,000.
At the February 27, 2024, City Council Meeting, the City Council authorized the City Manager to extend the proclamation of the existence of a local emergency and adopted a resolution, by four-fifths vote, declaring authority to the City Manager or his designee pursuant to Public Contract Code Section 20168 and 22050 to enter into an emergency public works contract with Zimprich Engineering Inc for a not-to-exceed amount of Four Hundred Thirty-One Thousand Nine Hundred Ten Dollar ($431,910), for the emergency work pertaining to Panorama Promenade and 20th and Molino Ave Slope immediate repair projects.
Analysis:
Municipal Public Works contracts are subject to the California Public Contract Code (PCC), which generally requires public bidding. However, under emergency circumstances, Section 20168 of the Public Contract Code allows the City an exemption from the public bidding process. Specifically, Section 20168 provides that, in case of an emergency, the City Council may pass a resolution by a four-fifths vote, declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property. Upon adoption of the resolution, the City may expend any sum required to mitigate the emergency without otherwise complying with the Local Agency Public Construction Act.
If a notice for bids to let contracts will not be given, the City Council must comply with the emergency contracting procedures in PCC Section 22050. The PCC Section 22050 permits the City to repair or replace a public facility, to take any directly related and immediate action required by the emergency, and to procure the necessary equipment, services, and supplies for those purposes without giving notice for bids to let contracts. The City Council must make findings, based on substantial evidence set 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.
The California Public Contract Code, PCC Section 22050, also authorizes (pursuant to a four-fifths vote) the City Manager or delegee to undertake repair work without following public bidding procedures in the event of an emergency to avoid danger to life and or property. As a delegate acting on an emergency contract, the City Manager must report to the agency governing body at its next meeting because the action was necessary to respond to the emergency. If the City Council acts on an emergency contract, it must review the emergency action at its next meeting and at each subsequent regular meeting thereafter to determine, by a four-fifths vote, that there is a need to continue the action. Similarly, if the delegee acts on an emergency contract, the governing body shall review the action at its next regular meeting and each subsequent regular meeting thereafter to determine, by a four-fifths vote, whether there is a need to continue the emergency. The governing body is required to terminate any emergency contract actions at the earliest possible date that conditions warrant so that regular noticed bidding can resume.
There continues to be a threat to the public and property, as documented below, if the damaged infrastructure at Panorama Promenade Trail, Molino Avenue, and 20th Street is not repaired as soon as possible. As such, the City Manager has determined that this emergency situation continues to warrant immediate repair work to respond to the emergency without public bidding. Therefore, it is the City Manager’s recommendation that the City Council, by a four-fifths vote, authorize the City Manager to continue emergency storm damage repairs at the Panorama Promenade Trail, Molino Avenue and 20th Street. The resolution authorizing the emergency action is attached for City Council review (Attachment B).
Damage to Panorama Promenade Trail
The Panorama Promenade experienced significant slope failures in two localized areas following the February 6, 2024, rainstorm activity, resulting in the closure of the walking trail. The Promenade is a high-volume pedestrian walkway used by thousands of individuals every week. The City acted quickly in closing the trail to the public upon observing the damage, out of concern the trail could further erode and create dangerous conditions causing injury to pedestrians. The City believes it is imperative that repairs be completed as soon as possible to eliminate the existing dangerous conditions caused by the storm damage around and underneath the walkway surface.
Zimprich Engineering began the repair work and completed the backfilling and compacting of soil at the four slope locations that demonstrated significant failure. The post and batter system material has been ordered and is pending delivery by mid-March; the contractor will mobilize when it receives the material. Staff anticipates the contractor’s work will be completed by the end of March. Thereafter, the geotechnical engineer would provide an additional assessment of the completed repair and determine if the trail may be partially open to the public.
Damage to Molino Avenue and 20th Street
The Molino Avenue and 20th Street intersection experienced similar slope failure and erosion following, resulting in a damaged hillside that must be stabilized. The failure created unsafe eroding conditions that could worsen if left unattended, which could ultimately damage private property, such as vehicles parked on the street and adjacent residential properties. The eroding conditions could also create roadway hazards should the debris runoff fall into the adjacent local streets, impacting moving vehicle traffic. The road was initially partially closed and is now reopened. Zimprich Engineering began the repair work and installed erosion control to stabilize the site. Staff is currently coordinating with the site surveyor to mark the alignment of the new retaining wall; installation of the new wall could begin in April 2024.
Based on the continuing impacts of the February 2024 winter storm damage, staff requests the City Council authorize the City Manager to extend proclamation of the existence of a local emergency in response to the February 2024 winter storms for 60 days. Staff recommends that the City Council, by a four-fifths vote, reaffirm that the emergency situation continues to exist and, therefore, the emergency contract work must continue to be done without a public bidding process. Staff will provide another update to the City Council at the next City Council meeting.
Reviewed for Fiscal Impact:
_________________________
Sharon del Rosario
Attachments:
A. Resolution Ratifying the Proclamation
B. Resolution Authorizing Emergency Work