CC RESOLUTION 5519RESOLUTION NO. 5519
A RESOLUTION DECLARING THE EXISTENCE OF AN
EMERGENCY AND AUTHORIZING THE AWARD OF A
CONTRACT WITHOUT COMPETITIVE BIDDING
PURSUANT TO PUBLIC CONTRACT CODE §§ 1102,
20168, AND 22050 REGARDING THE IMMEDIATE
REPAIR OF POOL HEATERS REQUIRED AT 2240 EAST
GRAND AVENUE AND FINDING SUCH ACTIONS
EXEMPT FROM FURTHER REVIEW UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT.
The City Council of the city of El Segundo does resolve as follows:
SECTION 1. Findings. The City Council finds as follows:
A. State law authorizes a city to award a contract without competitive bidding or
notice to bid if the legislative body makes required findings by a four -fifths
vote by resolution that an emergency exists that requires the immediate
expenditure of public money to safeguard life, health, property, or essential
public services (Pub. Contract Code, §§ 1102, 20168, 22050.)
B. The pools available for public use at the aquatics center located at 2240 East
Grand Avenue in the City (the "Aquatics Center") provide critical municipal
public services offering the a family -friendly forum for recreational and
competitive swimming, including organized local swimming groups, that
fosters the public health and welfare.
C. The availability of public health -oriented amenities like the pools at the
Aquatics Center are especially vital to the public's physical and mental
wellness.
D. The public's safe use and enjoyment of the pools at the Aquatics Center
depends on the proper heating of the water in the respective Aquatics Center
pools.
E. The sudden and unexpected failure of the Aquatics Center pool heaters
constitutes an emergency, as defined in Public Contract Code § 1102, and
poses a clear and immediate danger to the public's physical and mental
health; public property; and the City's provision of essential wellness services
through a fully functional Aquatics Center.
F. The urgency of this emergency precludes the City from making a competitive
solicitation for bids related to the repair of the Aquatics Center pool heaters,
and action is necessary to respond to such emergency.
SECTION 2. Approval; Delegation; Direction.
A. Based on the findings above, the
expenditure of City funds to cause
repaired without competitive bidding.
City Council approves the immediate
the Aquatics Center pool heaters to be
RESOLUTION NO. 5519
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B. Pursuant to Public Contract Code § 22050(b) and El Segundo Municipal
Code Chapter 2-2, the City Council delegates the authority to order any action
required to address the stated emergency to the City Manager.
C. Pursuant to Public Contract Code § 22050(c), the City Council must review
the proposed emergency action and any related orders at its next regular
meeting and at each regularly scheduled meeting until the proposed action is
terminated.
SECTION 3. Environmental Review. The actions contemplated in this Resolution
are exempt from further environmental review pursuant to the California Environmental
Act as CEQA exempts specific actions necessary to prevent or mitigate an emergency.
Since the actions contemplated will mitigate the emergency described herein, no further
environmental review is required. (Pub. Res. Code § 21080(b)(4); 14 Cal. Code Regs. §
15269(c).)
SECTION 4. Severability. If any part of this Resolution or its application is
deemed invalid by a court of competent jurisdiction, the City Council intends that such
invalidity will not affect the effectiveness of the remaining provisions or applications and,
to this end, the provisions of this Resolution are severable.
SECTION 5. Signature Authority. The Mayor, or presiding officer, is hereby
authorized to affix his signature to this Resolution signifying its adoption by the City
Council of the City of El Segundo, and the City Clerk, or her duly appointed deputy, is
directed to attest thereto.
SECTION 6. Effective Date. This Resolution will take effect immediately upon
adoption by four -fifths vote of the City Council, pursuant to Public Contract Code §§
20168 and 22050 and will remain effective unless repealed or superseded.
SECTION 7. City Clerk Direction. The City Clerk will certify to the passage and
adoption of this Resolution, enter it in the City's book of original Resolutions, and make a
record of this action in the meeting's minutes.
PASSED, APPROVED AND ADOPTED this 5t" day of November, 2024.
ATTEST:
jw�, owbo
Tracy Weav r' City Clerk
APPROVED TO FORM;
Ma Hensley, City ,A orney
RESOLUTION NO. 5519
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO 1
I, Tracy Weaver, City Clerk of the City of El Segundo, California, do hereby certify that
the whole number of members of the City Council of said City is five; that the foregoing
Resolution No. 5519 was duly passed, approved, and adopted by said City Council at a
regular meeting held on the 5t" day of November, 2024, approved and signed by the
Mayor, and attested to by the City Clerk, by the following vote:
AYES:
Mayor Boyles, Mayor Pro Tern Pimentel, Council Member Pirsztuk,
Council Member Giroux and Council Member Baldino
NOES:
None
ABSENT:
None
ABSTAIN:
None
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of
November, 2024.
/W"
TracU Weaver, City Clerk
of the City of El Segundo,
California
RESOLUTION NO. 5519
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