CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
6/24/2024
1 SUBJECT:
Ratification of Proclamation Confirming Existence of a Local Emergency at Carmel Avenue from Vallejo Terrace to Canyon Drive
RECOMMENDED ACTION:
Move to adopt a resolution ratifying the Proclamation Confirming Existence of Local Emergency at Carmel Avenue from Vallejo Terrace to Canyon Drive.
STAFF CONTACT:
Kevin Woodhouse, City Manager
(650) 738-7409
[email protected]
Lisa Petersen, P.E., Director of Public Works
(650) 738-3767
[email protected]
Louis Sun, Deputy Director of Public Works – Wastewater (650) 738-4660
[email protected]
BACKGROUND/DISCUSSION:
On Friday, June 14, 2024, Public Works Wastewater Division staff were conducting CCTV inspections on the 6-inch sewer line on all of Carmel Avenue in preparation for an upcoming resurfacing project, and staff discovered approximately seven Grade 5 defects in three segments of the 6-inch sewer lines that require immediate repair.
Upon further investigation, the damaged 6-inch sewer mainlines are in danger of collapsing which would create a hazardous condition including potential Sanitary Sewer Spills and threaten the safety of persons and property, including critical public infrastructure.
The City of Pacifica’s Emergency Plan and Section 4-2.01 et seq. of the Pacifica Municipal Code empower the City Manager, acting as the Director of Emergency Services, to proclaim the existence of a local emergency when there is an actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the City.
The proclamation is subject to ratification by the City Council at the earliest possible time. The proclamation of the existence of a local emergency further designates the City Manager or designated representative to act on behalf of the City for public assistance and for individual assistance for purpose of receipt, processing and coordination of all inquiries and requirements necessary to obtain available State and Federal assistance.
Pacifica City Council 2
June 24, 2024
Additionally, pursuant to Section 3-15.09 (A) of the Pacifica Municipal Code, in cases of an emergency, the City Manager is authorized to proceed at once to replace or repair any public facility without adopting plans, specifications, strain sheets, or working details, or giving notice for bids to let contracts. The City must comply with Public Contract Code section 22050, which provides a process for City Council’s review of the emergency action if notice of bids to let contracts for public projects will not be given because of the emergency.
In this case, the City Manager has determined the damaged 6-inch sewer mainlines are in danger of collapsing which would create a hazardous condition and threaten the health and safety of persons and property, including critical public infrastructure, which require immediate attention and constitute an emergency pursuant to Pacifica Municipal Code section 4-2.02 and Public Contract Code section 1102.
Such conditions are, or are likely to be, beyond the handling capability of the City’s services, personnel, equipment, and facilities, requiring the use of outside contractors to conduct emergency repair pursuant to Pacifica Municipal Code section 3-15.09 without giving notice for bids to let contracts. Immediate action is, and continues to be necessary, due to the clear and imminent danger presented by the damaged and potential collapse of the 6-inch sewer main on Carmel Avenue from Vallejo Terrace to Canyon Drive. As such, on June 17, 2024 the City Manager did proclaim the existence of a local emergency within the City and the need to continue the emergency action continues as the repair will take approximately 5-8 weeks. The Proclamation of Local Emergency is attached to this staff report as Attachment A.
Pursuant to Public Contract Code section 22050, Council must review and affirm, by a four-fifths vote, the emergency action taken by the City Manager at the next regularly scheduled meeting after the issuance of the proclamation (June 17, 2024), but not later than 14 days after issuance of the proclamation. The City Council will also need to review the emergency action at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a fourfifths vote, that there is a need to continue the action.
ALTERNATIVE ACTION:
Council may choose to not to adopt the Proclamation Confirming Existence of Local Emergency at Carmel Avenue, however this is not recommended as delaying the work may cause health and safety issues to persons and property, including critical public infrastructure.
FISCAL IMPACT:
The fiscal impacts associated with the emergency declared are covered under emergency Capital Improvement Projects (CIP) and no additional budget authority is necessary as sufficient funds have been previously approved in the Wastewater Enterprise Fund for FY 2023-24 to pay for these projects.
ORIGINATED BY:
Public Works - Wastewater Division
ATTACHMENT LIST:
Attachment A - Proclamation of Local Emergency Carmel Avenue (PDF) Pacifica City Council 3
June 24, 2024
RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA
RATIFYING THE PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY AT THE
SEWER MAIN LOCATED ON CARMEL AVENUE FROM VALLEJO TERRACE TO CANYON DRIVE ______________________________________________________
WHEREAS, Section 4-2.05 of the City of Pacifica Municipal Code (“PMC”) designate the City Manager as the Director of Emergency Services; and
WHEREAS, Government Code section 8630 and PMC section 4-2.05(a) empower the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when said city is affected or likely to be affected by an emergency, subject to ratification by the City Council; and
WHEREAS, Section 4-2.02 of the PMC defines "emergency" as the “actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this City caused by such conditions as earthquake, hazardous materials, plane crash, landslide, tsunami, epidemic, flood, riot, fire, or other conditions, including conditions resulting from a labor controversy, which conditions are or are likely to be beyond the capability of control of the services, personnel, equipment, and facilities of this City, requiring the combined forces of other political subdivisions to combat”; and
WHEREAS, Section 4-2.01 et seq. of the Pacifica Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City Council is not in session, subject to confirmation by the City Council; and WHEREAS, the City Manager is the Director of Emergency Services of the City of Pacifica; and
WHEREAS, on Friday, June 14, 2024, Public Works Wastewater Division was conducting CCTV inspections on the 6-inch sewer line on all of Carmel Avenue in preparation for an upcoming resurfacing project; and
WHEREAS, during the inspection activities, the Public Works Wastewater Division staff discovered approximately seven Grade 5 defects in 3 of the 6-inch sewer lines that require immediate repair; and
WHEREAS, upon further investigation the damaged 6-inch sewer mainlines are in danger of collapsing which would create a hazardous condition including potential Sanitary Sewer Spills and threaten the safety of persons and property, including critical public infrastructure; and WHEREAS, the City Manager has determined that the damaged sewer main threatens the health and safety of persons and properties, including critical public infrastructure, and requires immediate attention and repair and as such constitutes an emergency pursuant to Pacifica Municipal Code section 4-2.02 and Public Contract Code section 1102; and Pacifica City Council 4
June 24, 2024
WHEREAS, such conditions are or are likely to be beyond the handling capability of the City’s services, personnel, equipment, and facilities, requiring the use of outside contractors to conduct emergency repair pursuant to Pacifica Municipal Code section 3-15.09 without giving notice for bids to let contract, pursuant to Public Contract Code 22050; and WHEREAS, on June 17, 2024, the City Manager, in his capacity as Director of Emergency Services, proclaimed the existence of local emergency in the City of Pacifica, after determining that the damaged condition of the 6-inch sewer main at Carmel Avenue is likely to create conditions of disaster or extreme peril which will be beyond the services, personnel and equipment and facilities of the City; and
WHEREAS, in accordance with Government Code section 8630 and PMC section 4-
2.05(a) the City Council must take action to confirm the proclamation within 7 days and in accordance with Public Contract Code section 22050 which requires confirmation by 4/5 vote of the City Council within 14 days of the emergency action.
NOW, THEREFORE, BE IT RESOLVED that said Proclamation of Existence of Local Emergency, as issued by said City Manager in his capacity as Director of Emergency Services, which is attached hereto as Attachment “A”, is hereby ratified and approved by the City of Pacifica City Council.
BE IT FURTHER RESOLVED that said local emergency is confirmed to exist and shall be deemed to continue to exist until its termination is proclaimed by the City Council of the City of Pacifica.
BE IT FURTHER RESOLVED that during the existence of this local emergency, the powers, functions and duties of the Director of Emergency Services, and the emergency organization of the City of Pacifica shall be those prescribed by state law, by the existing ordinances and resolutions of the City of Pacifica, as well as this resolution and any subsequent emergency orders of the City Council.
• • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 24th day of June 2024, by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
Sue Vaterlaus, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ______________________________ Sarah Coffey, City Clerk Michelle Marchetta Kenyon, City Attorney