CC RESOLUTION 4571RESOLUTION NO. 4571
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. Park Vista Apartments is a public facility owned by the City and
maintained by the El Segundo Senior Citizens Housing Development
Corporation.
D. Park Vista Apartments is home to many of the City's senior citizens.
Some of these residents have disabilities which prevent them from using
stairways to access Park Vista's upper floors.
E. Park Vista's two elevators are more than 20 years old. Only one of the
elevators is capable of reaching Park Vista's fifth floor. That elevator, the
"rear" elevator, became inoperable September 10, 2008.
F. Without the rear elevator, residents and guests cannot easily access Park
Vista's fifth floor. And, for those persons with disabilities, the fifth floor is
completely inaccessible.
G. Based upon the entirety of the evidence including, without limitation, the
written and verbal staff report, the failure of the rear elevator (and the
likelihood of the "front" elevator failing) constitutes an imminent danger to
public health and safety. 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 25th day of September, 2008.
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APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
By: " , >
Karl H. Berber, Assistant City A orney
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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. 4571 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 25 h day of September, 2008, and the same was so passed and adopted by the
following vote:
AYES: McDowell, Busch, Fisher, Jacobson
NOES: None
ABSENT: Brann
ABSTENTION: None
NOT PARTICIPATING: None
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 25th day of
September, 2008.
4 < 5A,�
Cindy ortesen, City Clerk
Of the City of El Segundo,
California
(SEAL)
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