HomeMy WebLinkAboutReso 51-2021 (21-153)City of South San Francisco P.O. Box 711 (City Hall,
400 Grand Avenue)
South San Francisco, CA
City Council
Resolution: RES 51-2021
File Number: 21-153 Enactment Number: RES 51-2021
RESOLUTION DETERMINING THE CONTINUED
EXISTENCE OF AN EMERGENCY AND
AUTHORIZING PROCUREMENT FOR EMERGENCY
REMEDIATION WORK RELATING TO FIRE
DAMAGE ON SIGN HILL IN SOUTH SAN
FRANCISCO.
WHEREAS, on September 12, 2018, the City Council adopted a resolution delegating
authority to the City Manager to order any emergency action and enter into necessary contracts pursuant
to the provisions and restrictions of California Public Contract Code Section 22050; and
WHEREAS, on October 16, 2020, a multi -alarm grass fire broke out on the western section of
the iconic letters at Sign Hill in South San Francisco, where multiple recreational trails are located and
frequently used by the public; and
WHEREAS, the wind pushed the fire quickly to the west across the southern face of the hill
through the grasses and spread into the nearby tree groves, killing hundreds of trees which now pose a
public safety hazard; and
WHEREAS, the fire burned over 16 acres of land and damaged a significant number of trees
and trails; and
WHEREAS, although the fire has been contained, the damaged trees have since become a
falling hazard and trails remain severely damaged or destroyed, creating an extremely dangerous
condition for the public and rendering the Sign Hill trails unsafe for trail users, and also required them to
be closed to the public; and
WHEREAS, at the November 24, 2020 Regular City Council Meeting, the City Council
adopted a resolution determining the existence of an emergency as a result of the Diamond Fire, and
authorized emergency repairs including removal of more than 1,500 trees directly impacted by the
wildfire; and
WHEREAS, in order to remediate such dangerous conditions, City staff retained consultants
and contractors to assess the scope of the damage, recommend corrective action, and undertake or
contract for a substantial amount of tree removal and trail repair/remediation work in order to restore the
trails and other features of Sign Hill to a safe condition as quickly as possible, and to subsequently
re -open them to the public; and
WHEREAS, pursuant to the aforementioned delegated authority, the City solicited for and
executed a contract with Davey Tree Expert Company, for the emergency removal of more
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File Number: 21-153
Enactment Number: RES 51-2021
than 1,500 damaged or hazardous trees for a contract total not to exceed $900,000; and
WHEREAS, in December 2020, the City solicited for and executed a contract with Acacia
Environmental Construction, for the emergency mitigation of potential erosion hazards within fire
damaged areas on Sign Hill; and
WHEREAS, the dead trees remain in a precarious and dangerous condition for the public and
additional emergency mitigation work is still needed to eliminate the dangerous conditions.
FINDINGS
WHEREAS, the City Council of the City of South San Francisco hereby finds as follows:
A. The above recitals are true and correct and incorporated herein by this reference.
B. Pursuant to California Public Contract Code Section 20168, public interest and
necessity demand the immediate commencement of the above-described work at Sign Hill in
South San Francisco and the expenditure of public money for such work to safeguard life,
health and property.
C. Pursuant to California Public Contract Code Section 22050 and the authority
delegated by the City Council on September 12, 2018, and based on substantial evidence
presented by the circumstances of the Sign Hill fire and City staff's assessments, including
but not limited to those from the City's Fire, Police, and Parks & Recreation Departments,
the staff report prepared concerning this resolution, and as set forth in this resolution, the
City Manager would continue to be authorized to order emergency tree removal, trail repair
and related work for the hazardous and threatening conditions at Sign Hill in South San
Francisco.
D. Terminating the above-described emergency work and let the remaining work at Sign
Hill to competitive bidding would jeopardize public health, safety and welfare; risk
additional damage to public and private property; and result in the public incurring additional
expense, including, but not limited to, additional expense due to delay and further damage,
due to the dangerous conditions of the falling trees and damage to trails and other features of
the Sign Hill area and such work is necessary to respond to the emergency conditions at Sign
Hill. Therefore, it remains that competitive bidding of such work would not produce an
advantage for the public.
E. Based on evidence presented in the record, the above-described emergency work
continues to be statutorily exempt from the requirements of the California Environmental
Quality Act (CEQA) pursuant to CEQA Guidelines Section 15269, subparagraphs (b) and
(c).
NOW, THEREFORE, the City Council of the City of South San Francisco hereby does
resolve, by at least a four-fifths vote, as follows:
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File Number. 21-153 Enactment Number: RES 51-2021
1. The above recitals and findings are true and correct and hereby declared to be findings of the
City Council of the City of South San Francisco.
2. The emergency conditions at Sign Hill in South San Francisco continue to exist and threaten
public health, welfare and safety; thus, emergency repair work continues to be necessary to
address the hazardous and threatening conditions of the falling trees and destructed trail
improvements. The emergency work described in this resolution continues to be exempt from
California Public Contract Code competitive bidding requirements pursuant to California Public
Contract Code Sections 20168 and 22050.
3. The City Council continues to authorize City staff to procure contracts for the emergency
work described in this resolution and the City Manager to execute such contracts on behalf of the
City, as approved to form by the City Attorney, and to take any other related action necessary to
further the intent of this Resolution.
4. City staff is directed, in accordance with California Public Contract Code Section
22050(c)(1), to place on future regular agendas of the City Council an item concerning the
emergency work authorized pursuant to this resolution so that the City Council may determine,
by at least a four-fifths vote, whether there is a need to continue the emergency work described
above or whether such work may be terminated.
5. This resolution shall become effective immediately.
6. Each portion of this resolution is severable. Should any portion of this resolution be adjudged
to be invalid and unenforceable by a body of competent jurisdiction, then the remaining
resolution portions shall be and continue in full force and effect, except as to those resolution
portions that have been adjudged invalid. The City Council hereby declares that it would have
adopted this resolution and each section, subsection, clause, sentence, phrase and other portion
thereof, irrespective of the fact that one or more section, subsection, clause sentence, phrase or
other portion may be held invalid or unconstitutional.
At a meeting of the City Council on 3/10/2021, a motion was made by Councilmember Nicolas,
seconded by Councilmember Flores, that this Resolution be approved. The motion passed.
Yes: 5 Mayor Addiego, Vice Mayor Nagales, Councilmember Nicolas, Councilmember
Coleman, and Councilmember Flores
Attest by qL L a4tL
osa Govea Acosta, City Clerk
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