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04-23-2019 CC Rpt 17COUNCIL AGENDA STAFF REPORTCOUNCIL AGENDA STAFF REPORT TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS DATE: APRIL 23, 2019 FROM: CITY MANAGER ITEM NO:17 SUBJECT:EMERGENCY REPAIRS ON RANCHO HILLS DRIVE RECOMMENDATION: 1. Review and file this update to emergency street repairs on Rancho Hills Drive in accordance with Public Construction Code 22050 and the emergency authority under Chino Hills Municipal Code Section 3.18.050.C. 2. Determine by a majority vote that there is no further need to continue emergency actions for street repairs on Rancho Hills Drive and it is appropriate to terminate the emergency status, pursuant to Public Contract Code 22050. BACKGROUND/ANALYSIS: On March 26, 2019, the City Council authorized the City Manager to negotiate and execute a Public Works Agreement with G. M. Sager Construction, Inc. for emergency street repairs on Rancho Hills Drive due to a street failure caused by a water mainline leak which occurred on March 17, 2019. Additionally, the City Council directed staff to review the emergency action at the next regularly scheduled meeting and at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four-fifths vote, if there is a need to continue the action. On the afternoon of March 17, 2019, Rancho Hills Drive was closed to vehicular traffic preventing several residents from accessing their properties. On the morning of March 18, 2019, repairs began, and by the end of day on March 20, 2019, approximately 400 feet of the damaged 1,200 feet of the roadway was repaired and vehicular access was restored for the affected residents. On April 9, 2019, the City Council received and filed the first update on the project which included a reduction in the estimated cost of the repairs. Also on April 9, 2019, the project was substantially completed after raising a sewer manhole and striping of the street. The emergency action may now be terminated. Pursuant to the procedures set forth in Public Contract Code § 22050, the following applies: (a) (1) In the case of an emergency, a public agency, pursuant to a four-fifths vote of its governing body, may 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. (a) (2) Before a governing body takes any action pursuant to paragraph (a) (1), it shall make a finding, based on substantial evidence set forth in the minutes of its meeting, that the emergency will not permit a delay resulting from a competitive solicitation for bids, and that the action is necessary to respond to the emergency. 111/114 (c) (1) If the governing body orders any action specified in subdivision (a), the governing body shall review the emergency action at its next regularly scheduled meeting and, except as specified below, at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four-fifths vote, that there is a need to continue the action. If the governing body meets weekly, it may review the emergency action in accordance with this paragraph every 14 days. (c) (2) If a person with authority delegated pursuant to subdivision (b) orders any action specified in paragraph (1) of subdivision (a), the governing body shall initially review the emergency action not later than seven days after the action, or at its next regularly scheduled meeting if that meeting will occur not later than 14 days after the action, and at least at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four-fifths vote, that there is a need to continue the action, unless a person with authority delegated pursuant to subdivision (b) has terminated that action prior to the governing body reviewing the emergency action and making a determination pursuant to this subdivision. (c) (3) When the governing body reviews the emergency action pursuant to paragraph (c) (1) or (c) (2), it shall terminate the action at the earliest possible date that conditions warrant so that the remainder of the emergency action may be completed by giving notice for bids to let contracts. Staff requests the City Council to approve termination of the emergency actions for the street repairs on Rancho Hills Drive. ENVIRONMENTAL (CEQA) REVIEW: This action is not a project within the meaning of the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and CEQA Guidelines (Title 14 California Code of Regulations §§ 15000, et seq.) Section 15269b and is exempt from CEQA. CEQA does not apply to emergency repairs to publicly or privately owned service facilities necessary to prevent or mitigate an emergency in maintaining service essential to the public health, safety, or welfare. FISCAL IMPACT: Funding for this emergency was approved by the City Council on March 26, 2019, in the amount of $400,000 from the Water Fund. The final cost of the project is $340,000; therefore, the remaining budget of $60,000 will go back to fund balance. There is no impact to the General Fund. REVIEWED BY OTHERS: This agenda item has been reviewed by the Finance Director and City Attorney. Respectfully Submitted,Recommended By: 112/114