HomeMy WebLinkAboutReso 173-2020 (20-908)City of South San Francisco P.O. Box 711 (City Hall,
• 400 Grand Avenue)
South San Francisco, CA
• City Council
Resolution: RES 173-2020
File Number: 20-908 Enactment Number: RES 173-2020
RESOLUTION DETERMINING THE EXISTENCE OF
AN EMERGENCY AND AUTHORIZING
PROCUREMENT FOR EMERGENCY TRAIL
REPAIR/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
WHEREAS, the fire burned over 16 acres of land and damaged a significant number of trees and
trails, and City staff is still assessing the scope of the damage and potential repairs; 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, in order to remediate such dangerous conditions, City staff will need to retain
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, if the tree removal and trail remediation work were to be subject to applicable
bidding procedures, the additional time that it takes to solicit and evaluate bids, and to select a contractor
willing to undertake the work, would prolong the dangerous conditions in which the trees and trail
improvements currently stand.
FINDINGS
City of South San Francisco Page 1
File Number: 20-908
Enactment Number: RES 173-2020
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 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. The above-described emergency conditions and work would not permit additional delay resulting
from competitive solicitation for bids 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.
E. Letting the work 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, competitive
bidding of such work would not produce an advantage for the public.
F. Based on evidence presented in the record, the above-described emergency work is 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:
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 emergency conditions at Sign Hill in South San Francisco threatens public health, welfare and
safety, and emergency repair work is necessary to address the hazardous and threatening conditions of
the falling trees and destructed trail improvements. The emergency work described in this resolution is
exempt from California Public Contract Code competitive bidding requirements pursuant to California
Public Contract Code Sections 20168 and 22050.
3. City staff is hereby authorized and directed to procure contracts for the emergency work described in
this resolution and the City Manager is hereby authorized and directed to execute such contracts on
behalf of the City, as approved to form by the City Attorney. The City Manager is further authorized to
take any other related action necessary to further the intent of this Resolution.
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File Number. 20-908
Enactment Number. RES 173-2020
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 11/24/2020, a motion was made by Councilmember Matsumoto,
seconded by Councilmember Nagales, that this Resolution be approved. The motion passed.
Yes: 4 Mayor Garbarino, Vice Mayor Addiego, Councilmember Nagales, and
Councilmember Matsumoto
Abstain: 1 Councilmember Nicolas
4 Attest by 4�L
Pa Govea Acosta, City Clerk
City of South San Francisco Page 3