TO:Andrew P. Powers, City Manager
FROM:Jaime Boscarino, Finance Director
DATE:November 19, 2024
SUBJECT: Public Emergency Declaration - Los Robles Golf Course Solar Panel Canopy Repair (MI 2668)
RECOMMENDATION:
1. Ratify Public Emergency Declaration by City Manager on October 30, 2024, pursuant to Thousand Oaks Municipal Code (TOMC) Section 3-10.308 (requires four-fifths vote).
2. Pursuant to Public Emergency Declaration, waive formal bid process set forth in TOMC Section 3-10.306.
3. Create a new Maintenance Improvement Project for Los Robles Golf Course Solar Panel Canopy Emergency Repair (MI 2668).
4. Approve and award construction contract to Staten Solar Corporation (San Jose, CA) to perform emergency repair work for the Los Robles Golf Course (LRGC) Solar Panel Canopy Emergency Repair Project MI 2668 in the amount of $367,920, plus a contingency of $32,080.
5. Approve budget appropriation and expenditure in the amount of $400,000 from A/C #001-0000-311-0000 (General Fund – Fund Balance) to A/C #001-3560-682-5500 (General Fund LRGC Construction, MI 2668).
6. Authorize City Manager to execute contract with Staten Solar Corporation for an amount not to exceed $400,000 for MI 2668.
7. Delegate authority to the City Engineer to approve changes to the design, plans, specifications, and working details of the project on work directives and change orders up to the project contingency value.
8. Find that the Project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to 14 CCR 15301.
LEVINE ACT ITEM: Yes
Public Emergency Declaration – LRGC Solar Panel Canopy Repair (MI 2668) November 19, 2024
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FINANCIAL IMPACT:
$400,000 Increase to FY 2024-25 General Fund Budget. An increase to the Adopted FY 2024-25 General Fund Budget is requested for the emergency repair contract for the solar panel canopy at LRGC.
BACKGROUND:
On February 28, 2023, City Council approved a construction contract (#13195- 2023) with Staten Solar Corporation for the installation of Prefabricated Solar Panel Systems at various City Facilities (CI 5562), which included the LRGC.
Under the construction contract, three separate solar panel arrays were constructed on site in the parking lot as an overhead canopy. The arrays were inspected and had received final permit sign off (#SPV-2023-01219) by the City Building Safety Inspector on July 8, 2024. The combined square footage of the arrays is approximately 19,208 square feet. When fully functional, the solar panel arrays can collectively generate approximately 624,292 kilowatts direct current per hour, providing supplemental power to the facility and offsetting energy costs.
DISCUSSION/ANALYSIS:
Staff received a call on October 30, 2024, at 10:54 a.m. from the Golf Course General Manager stating one of the solar panel arrays had collapsed. Facilities staff, Risk Management staff, the City’s Building Official, Ventura County Fire Department, and Thousand Oaks Police Department were on site shortly thereafter to assess the situation. Upon arrival, staff contacted the solar panel contractor, Staten Solar Corporation, and the project manager was dispatched to the site to assist in the analysis and damage control. After reviewing video surveillance footage, it was determined that the steel edge of a solar panel canopy, measuring 11 feet above asphalt at its lowest point, was struck by a vehicle on October 28, 2024. The impact led to a significant displacement of structural components, ultimately causing its collapse at around 10:00 a.m. on October 30, 2024. Facilities staff and Staten Solar Corporation performed a visual assessment and damage analysis, and identified structural components needing repair or replacement to restore the canopy’s integrity. The panel area requiring uninstallation and removal from the canopy structure was approximately 6,636 square feet. However, additional analysis and testing are necessary to provide a more definitive assessment of structural damage. The collapsed solar panel array was disconnected and safely removed, relieving the connected structure components of the excess load.
Public Emergency Declaration – LRGC Solar Panel Canopy Repair (MI 2668) November 19, 2024
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To prevent further damage to the solar panel structure and nearby City infrastructure, and to mitigate risks to human life and safety, staff requested that the City Manager declare the condition of the solar panel canopy an emergency requiring immediate attention. In addition, staff requested authority to proceed with procuring the engineering and construction services with Staten Solar Corporation, the contracted party for installation of the prefabricated solar panel arrays, for repair work to bring the structure back to a safe operational state. TOMC Section 3-10.308 authorizes City Council to act immediately upon finding a public emergency as follows: “In cases of great emergency as determined by City Council when repair or replacements are necessary to permit the continued conduct of the operation of services of the City, or to avoid danger to life or property, City Council, by majority vote may proceed at once to replace or repair any public facility without adopting plans, specification, or working details, or give notice for bids to let a contract. The work may be done by City forces, by contract, or by a combination of the two (2).” The Section also delegates the authority to the City Manager to declare the public emergency subject to City Council ratification at the next regular meeting.
The project’s scope of work will be distinct from the existing construction contract and will include all necessary work to dismantle the affected canopy, stabilize the remaining structure, assess and reinforce existing structural elements, conduct comprehensive analysis and testing of all structural components for damage and material integrity, and install new replacement parts and components as needed.
The preliminary scope of work pursuant to this declaration includes the following:
1. Removal of the affected solar panel canopy to relieve the loading on the stressed portions of the adjacent canopy.
2. Structural analysis and inspection of existing elements to identify potential latent damage and designate parts in need of replacement.
3. Testing to confirm the stability and safety of remaining canopy structure, to include Non-Destructive Testing (NDT) to identify any potential stress fractures, and Load Testing following repair and replacement of damaged parts to ensure structure meets design specifications for load bearing.
4. Further structural analysis based on the newfound information to determine the need for reinforcing of structure and potential modifications to existing structural design for improved structural integrity.
This project is categorically exempt from CEQA per Section 15301 (repair/maintenance of an existing facility).
LEVINE ACT (California Government Code § 84308):
This item is subject to the Levine Act. City Councilmembers who have received a Public Emergency Declaration – LRGC Solar Panel Canopy Repair (MI 2668) November 19, 2024
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campaign contribution of more than $250 (aggregated) within the preceding 12 months from a party or their agent/representative, or a financially-interested participant involved in this proceeding may do either of the following: (1) disclose the contribution on the record and recuse themselves from this proceeding; or if applicable (2) return the portion of the contribution that exceeds $250 within 30 days from the time the official knew or should have known about the contribution, and participate in the proceeding.
All parties and their agents/representatives must disclose on the record of this proceeding any aggregated contribution of more than $250 made to any Councilmember within the preceding 12 months. Councilmembers are prohibited from accepting, soliciting, or directing a campaign contribution of more than $250 (aggregated) from a party, their agent/representative, or a financially-interested participant during a proceeding and for 12 months following the date a final decision is made. In addition, a party, their agent/representative, or a financially- interested participant is prohibited from contributing more than $250 (aggregated) to a Councilmember during a proceeding and for 12 months following the date a final decision is made.
COUNCIL GOAL COMPLIANCE:
Meets the following City Council goals:
C. Operate City government in a fiscally and managerially responsible and prudent manner to ensure that the City of Thousand Oaks remains one of California's most desirable places to live, work, visit, recreate, and raise a family.
D. Maintain strong commitment to public safety (including Police, Fire, Emergency Medical Services, and Emergency Management) to ensure City remains one of the safest Cities in the United States with a population over 100,000.
F. Provide and enhance essential infrastructure to ensure that the goals and policies of the Thousand Oaks General Plan are carried out and the City retains its role and reputation as a leader in protecting the environment and preserving limited natural resources.
PREPARED BY: Alexander Wallsten, Assistant Analyst
Joshua Koenig-Brown, Facilities Manager
Attachments:
Attachment #1 – Los Robles Golf Course Solar Panel Canopy Repair – Public Emergency Declaration Memo
Attachment #2 – Staten Solar Corporation Levine Act Disclosure Form FIN:201-10\aw\jkb\H:\COMMON\Council\2024\Facilities\11192024 Los Robles Golf CourseSolarPanelCanopyRepair.docx