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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. City of South San Francisco Page 2 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