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HomeMy WebLinkAbout2023-04-11 - AGENDA REPORTS - VALENCIA GLEN BLDG EMERGENCY REPAIRAgenda Item: 16 1. CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR CITY MANAGER APPROVAL: TAA,/� DATE: April 11, 2023 SUBJECT: VALENCIA GLEN AQUATICS BUILDING - EMERGENCY REPAIR DEPARTMENT: Neighborhood Services PRESENTER: Jerrid McKenna RECOMMENDED ACTION City Council: 1. Ratify the City Manager's emergency declaration. 2. Authorize the City Manager or designee to execute all contracts and associated documents, and execute all documents subject to City Attorney approval. BACKGROUND The City of Santa Clarita (City) operates and programs six aquatic facilities, which include rive community pools and the Aquatic Center. In February 2023, the City experienced unprecedented severe winter storms causing damage within the City, specifically to the Valencia Glen Park Aquatics Building (Valencia Glen) and associated aquatics equipment, creating conditions of extreme peril to the safety of persons and property. Following the event, City staff evaluated the damages to the building and equipment, reporting that the damages were beyond the control of the City's services, personnel, and equipment. Staff has identified several needed repairs due to this natural disaster, various damages including the block wall, concrete curb, the railing in the pool pump pit, and the concrete panels located in the walkway outside of the building. With over 5,000 anticipated visits during summer programming at this location, it is essential to hire a contractor in a timely manner to ensure the continuity of programming for families who rely on City aquatics. Due to the high demand to expedite the needed repairs, it is imperative that the City solicit bids outside of the standard invitation to bid (TTB) process outlined in the City's Purchasing Policy. Typically, an ITB involves a two to three-month process before a contract is recommended for award. Section 22050 of the California Public Contract Code (Code) and the City's Municipal Page 1 Packet Pg. 292 Code establish the process in which the City may enact emergency procurement steps outside of standard bidding requirements. Section 2.40.060 of the Santa Clarita Municipal Code provides that in the event of an emergency, the City Manager has the authority to repair or replace a public facility and procure the necessary equipment, services, and supplies for emergency purposes without giving notice for bids. The Code empowers the City Manager to proclaim the existence of a local emergency while the City Council is not in session and requires the City Council to ratify the proclamation. The City Manager, serving as the Director of Emergency Services, recognized the existence of a local emergency following the damage to City property and upon determining the broad extent of the damage. Staff recommends that the City Council ratify this decision, at which point staff will immediately begin working with contractors to complete this project and open the facility in time for summer programming. Additionally, per the Code in Section 22050, staff will continue to provide the Council with updates on the emergency action until project completion. From a fiscal impact perspective, the City filed a property damage claim for the damage incurred and will be reimbursed for all repair costs, less the City's $10,000 deductible. ALTERNATIVE ACTION Other action as determined by the City Council. FISCAL IMPACT Upon approval of the recommended actions, adequate funds will be available to support the $10,000 deductible in the Risk Claims Account 7212306-515102. ATTACHMENTS Resolution -Emergency Procurement Page 2 Packet Pg. 293 16.a RESOLUTION NO.23- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, CONFIRMING THE CITY MANAGER'S PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY WHEREAS, Section 1102 of the California Public Contract Code (Code) defines an "emergency" as that term is used in the Public Contract Code as "the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the City caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, or earthquake, or other conditions, including conditions resulting from war or eminent threat of war, but other than conditions resulting from a labor controversy, which conditions are or likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat;" and WHEREAS, Section 2.40.020 of the Santa Clarita Municipal Code defines emergency as the actual or threatened existence of conditions of disaster or extreme peril to the safety of persons and property within the City caused by conditions such as storms, which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of this City, requiring the combined forces of other political subdivisions to combat; and WHEREAS, regarding emergency expenditures by cities, Public Contract Code Section 20168 provides: "In case of an emergency, the legislative body may pass a resolution by a four - fifths vote of its members 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, it may expend any sum required in the emergency without complying with this chapter. If notice for bids to let contracts will not be given, the legislative body shall comply with Chapter 2.5,(commencing with Section 22050;" and WHEREAS, Section 2.40.060 of the Santa Clarita Municipal Code provides that in the event of an emergency, the City Manager, as Director of Emergency Services, has the authority to repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts; and WHEREAS, Section 22050 of the Code establishes the process by which a local agency may enact emergency procurement processes outside of the standard bidding requirements; and WHEREAS, the severe winter storms during February 2023 caused serious damage within the City, specifically to the Valencia Glen Park Aquatics Building and associated aquatics equipment, creating conditions of extreme peril to the safety of persons and property; and Page 1 of 3 Packet Pg. 294 16.a WHEREAS, the City Manager serving as the Director of Emergency Services utilized his authority under Santa Clarita Municipal Code Section 2.40.060 following the serious damages to City property, to take certain directly related and immediate action required by that emergency; and WHEREAS, the City Council is required to ratify the emergency proclamation per Municipal Code Section 2.40.60 within seven days. NOW, THEREFORE, be it resolved the City Council of the City of Santa Clarita, California, hereby ratifies the proclamation of a local emergency made by the City Manager serving as Director of Emergency Services as follows: 1. The City Council hereby finds that conditions of extreme peril to the safety of persons and property have arisen within the City of Santa Clarita caused by severe winter storms during February 2023, causing serious damage within the City, specifically to the Valencia Glen Park Aquatics Building and associated aquatics equipment, creating conditions of extreme peril to the safety of persons and property, and requires emergency corrective actions until the known damage is repaired and potentially other damage unknown at this time. 2. In consequence of said conditions described herein, and pursuant to Public Contract Code Sections 20168 and 1102, and Santa Clarita Municipal Code Section 2.40.060, the City Council finds a local emergency now exists throughout the City of Santa Clarita, and hereby ratifies the Proclamation of the City Manager/Director of Emergency Services. 3. The City Council, pursuant to Santa Clarita Municipal Code Section 2.40.060 and California Public Contract Code Section 22050(b)(1) and pursuant to a 4/5 vote, hereby reviews and approves the emergency actions of the City Manager/Director of Emergency Services, with respect to the repair or replacement of a public facility, as required by the emergency conditions described herein, and the procurement of the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts. 4. The City Council also proclaims and orders that during this local emergency the powers, functions, and the duties of the Santa Clarita City Manager/Director of Emergency Services and the emergency organization of the City of Santa Clarita shall be those proscribed by State law and the ordinances, resolutions, and approved emergency services plans of the City of Santa Clarita. 5. The City Council directs the Santa Clarita City Manager/Director of Emergency Services to publish and promulgate, in as widespread a manner as is reasonably feasible in light of the conditions prevailing during the local emergency, this proclamation and its contents. 6. The City Council shall review, at its regularly scheduled meetings until the local emergency is terminated, the need for continuing the local emergency and shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant. 2 Packet Pg. 295 16.a PASSED, APPROVED, AND ADOPTED this llth day of April 2023. MAYOR ATTEST: CITY CLERK DATE: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Mary Cusick, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution No. 23- was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the I Ith day of April 2023, by the following vote: AYES: COUNCIL,MEMBERS: NOES: COUNCIL,MEMBERS: ABSENT: COUNCIL,MEMBERS: CITY CLERK Packet Pg. 296