HomeMy WebLinkAboutReso 115-2019 (19-722)City of South San Francisco P.O. Box 711 (City Hall,
400 Grand Avenue)
South San Francisco, CA
City Council
Resolution: RES 115-2019
File Number: 19-722 Enactment Number: RES 115-2019
RESOLUTION DETERMINING THE CONTINUED EXISTENCE
OF AN EMERGENCY AND THE NEED TO CONTINUE
EMERGENCY REPAIRS FOR THE HILLSIDE (TERRABAY)
FIELD LIGHT REPLACEMENT PROJECT.
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, in April 2019, City staff determined there exists an emergency need for the removal and
replacement of a 70 -foot tall athletic field light pole was damaged at Hillside (Terrabay) Ballfield,
located at 1400 Hillside Boulevard, South San Francisco; and
WHEREAS, the pole was damaged severely during the 2019 winter storms, resulting in damages to its
base and causing it to lean significantly over a large portion of the ballfield; and
WHEREAS, the pole currently remains in a leaning position and poses a significant hazard for public
health and safety in the event it collapses over the field, and the ballfield has remained closed with chain
link construction fencing; and
WHEREAS, City staff informally solicited bids for replacement of the pole and related repair work, and
received one response from Interstate Grading and Paving, Inc.; and
WHEREAS, all other contractors contacted by staff have declined the replacement work due to the size
of the pole and the specialized equipment and expertise needed for a project of such scale; and
WHEREAS, pursuant to the City Manager's delegated authority under Public Contract Code section
22050, a contract was executed with Interstate Grading and Paving, Inc. for the emergency repair and
replacement of the pole; and
WHEREAS, to date, the replacement pole has been ordered but due to the pole needing to be fabricated
and customized to match existing ballfield light pole height and light spread, the fabrication was
expected to take up to twelve weeks but expected to be completed by August 2019; and
WHEREAS, Interstate Grading and Paving, Inc. will begin re -installing new concrete foundation the
week of August 26, 2019, and thereafter will install the replacement pole; and
WHEREAS, Public Contract Code Section 22050 requires the City Council to periodically review an
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File Number: 19-722
Enactment Number. RES 115-2019
emergency action taken pursuant to the City Manager's delegated authority and determine that the
emergency continues to exist and the emergency action remains necessary; and
WHEREAS, although the pole currently remains in a leaning position, it is still an extremely dangerous
condition for the public and additional emergency repair work is still needed to eliminate the dangerous
conditions; and
WHEREAS, if the work is terminated now and the project is subject to applicable bidding procedures,
the additional time that it takes to locate a new contractor willing to undertake the project, fabricate a
customized pole, and allowing time for the contractor to commence installation would prolong the
dangerous condition in which the pole currently stands.
FINDINGS
WHEREAS, the City Council of the City of South San Francisco hereby finds as follows:
A. Pursuant to California Public Contract Code Section 20168, the public interest and necessity
demanded the immediate commencement of the above-described work at the Hillside (Terrabay) Field
in the City and the expenditure of public money for such work to safeguard life, health and property; and
B. 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 as set forth in the staff report
prepared concerning this resolution, and as set forth in this resolution, establishes that the City Manager
was authorized to order emergency repair work for the hazardous and threatening condition at the
Hillside (Terrabay) Field in the City, and was authorized to execute a contract with Interstate Grading
and Paving, Inc. for such work; the above-described emergency conditions and work would not permit
additional delay resulting from competitive solicitation for bids due to the pole's condition and the lack
of any contractors willing to undertake the project except Interstate Grading and Paving, Inc., and such
work continues to be necessary to respond to the emergency conditions at the Hillside (Terrabay) Field
and remediate the hazardous condition that the light pole is in; and
C. Terminating the emergency repair project now and let the remaining work at the Hillside
(Terrabay) Field 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. Therefore, it remains
that competitive bidding of such work would not produce an advantage for the public; and
D. The emergency work authorized at the Hillside (Terrabay) Field in the City 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: 19-722
Enactment Number: RES 115-2019
1. The above recitals are true and correct and hereby declared to be findings of the City Council of the
City of South San Francisco.
2. The City Council determines that the emergency conditions at the Hillside (Terrabay) Field
threatening public health and safety continue to exist and thus determines that the emergency repair work
continues to be necessary to address the hazardous and threatening condition of the pole and related
repairs.
3. 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 contracts 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.
4. This resolution shall become effective immediately.
5. 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 8/28/2019, a motion was made by Mark Addiego, seconded by Richard
Garbarino, that this Resolution be approved. The motion passed.
Yes: 5 Mayor Matsumoto, Vice Mayor Garbarino, Councilmember Addiego,
Councilmember Nagales, and Councilmember Nicolas
Attest by
osa Govea Acosta
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