CC RESOLUTION 4371RESOLUTION NO. 4371
A RESOLUTION ADOPTED PURSUANT TO PUBLIC
CONTRACTS CODE § 20168 FINDING THAT AN
EMERGENCY EXISTS WITHIN THE CITY AND
AUTHORIZING CONTRACTING WITHOUT THE NEED FOR
BIDDING PURSUANT TO § 22050.
The City Council does resolve as follows:
SECTION 1: The City Council finds and declares as follows:
A. Pursuant to Public Contracts Code ( "PCC ") § 20168, the City Council may,
upon a four -fifths vote, declare that public interest and necessity demand
the immediate expenditure of public money to safeguard life, health, or
property because of an emergency.
B. In accordance with PCC §§ 20168 and 22050, the City Council 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.
C. In October 2003, the City conducted an inspection of its underground
storage tank ( "UST ") systems in compliance with Health & Safety Code §§
25280, et seq.
D. During the course of this inspection, the City's contractor discovered that
there was a possible internal fuel leak from one of the City's USTs.
E. In compliance with applicable law, and to protect public, health, safety and
welfare, the City took immediate emergency action to begin repairing the
tank in accordance with El Segundo Municipal Code ( "ESMC ")§ 1 -7 -12.
F. Due, in part, to the City's actions, it does not appear that the leak has
breached the outer shell of the UST. However, an immediate and
imminent threat of such an occurrence remains. Such a fuel leak could
contaminate surrounding property and threaten public health, safety, and
welfare.
G. The UST, and its continuing threat, constitutes a sudden, unexpected
occurrence that poses a clear and imminent danger to the City, its
citizens, and employees. This threat requires immediate action to prevent
or mitigate the loss or impairment of essential public services.
H. Under such emergency conditions, the City Council finds that the delay
resulting from public bidding would imperil essential public services.
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SECTION 2: In light of the emergency described above, the City Council directs the
City Manager, or designee, to take all steps necessary to protect public health, safety
and welfare including, without limitation, awarding contracts in accordance with PCC §
22050.
SECTION 3: This Resolution will become effective immediately upon adoption and
remain effective unless superseded by a subsequent resolution.
SECTION 4: The City Council will review this emergency action at its next regularly
scheduled meeting and at every regularly scheduled meeting thereafter until the work
described above is completed. The Council must determine by a four -fifths vote that
there is a need to continue the work at each meeting.
PASSED AND ADOPTED this 6th day of April 2004.
L
Mike Gordon, Mayor
APPROVED
Mark D. Hen
Attorney
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, DO HEREBY
CERTIFY that the whole number of members of the City Council of the said City is five;
that the foregoing resolution, being RESOLUTION NO. 4371 was duly passed and
adopted by the said City Council, approved and signed by the Mayor of said City, and
attested by the City Clerk of said City, all at a regular meeting of the said Council held
on the 6th day of April 2004, and the same was so passed and
adopted by the following vote:
AYES: Gordon, Jacobs, Gaines, McDowell, Wernick
NOES: None
ABSENT: None
ABSTENTION: None
NOT PARTICIPATING: None
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 6th day of
April 2004.
01-4 b6ffi(nM t \ �v
Cindy Mortesen, City Clerk
Of the City of El Segundo,
California
(SEAL)
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