CC RESOLUTION 4835 RESOLUTION NO. 4835
A RESOLUTION APPROVING THE DESIGN AND PLANS TO
ENHANCE GRASS AREA AT CAMP EUCALYPTUS LOCATED AT 641
CALIFORNIA STREET PURSUANT TO GOVERNMENT CODE § 830.6
AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH ALEX KIRBY'S PARENT OR GUARDIAN.
The City Council of the City of El Segundo does resolve as follows:
SECTION 1: The City Council finds and declares as follows:
A. On July 3, 2013, the City received a proposal by Alex Kirby
("VOLUNTEER") to enhance grass area at Camp Eucalyptus (the
"Project");
B. The Project consists of replacing an area of grass with a low-growing red
apple ice plant.
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C. VOLUNTEER proposes to donate all materials and labor for the Project.
The City would not incur any cost;
D. Based upon information supplied by the VOLUNTEER and Recreation &
Parks staff, the Council understands and believes that the total value of
the materials would be $200 and will utilize approximately 12 community
volunteers for the labor.
E. Ordinarily, the City would need to comply with the competitive bidding
requirements set forth in the California Public Contracts Code for this type
of project;
F. The purpose of such bidding requirements is to guard against favoritism,
improvidence, extravagance, fraud and corruption, to prevent waste of public
funds, and to obtain the best economic result for the public;
G. The facts and circumstances of this Project, however, demonstrate that
competitive bids would be unavailing or would not produce an advantage,
and the advertisement for competitive bid would thus be undesirable and
impractical for the following reasons:
1. There is, at most, only a nominal cost to the public for the reason
that VOLUNTEER will donate all materials and labor;
2. VOLUNTEER will not receive any public funds for completing the
Project;
3. VOLUNTEER's only motivation in constructing the Project is to
accomplish charitable works for the City;
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4. It is improbable that any other private contractor can construct the
Project for a lesser amount; and
5. To complete the Project, VOLUNTEER will still be required to
comply with the City's standard contract requirements.
H. In waiving the competitive bid requirements otherwise required by the
SPMC, the City Council takes note of the analysis and decisions set forth
in Graydon v. Pasadena Redevelopment Agency(1980) Cal.App.3d 631;
Hodgeman v. City of San Diego (1942) 53 Cal. App.2"d 610; Orange
County Water Dist. v. Bennett (1958) 156 Cal. App.2nd 745; and Los
Angeles G&E Corp. v. City of Los Angeles (1922) 188 Cal. 307;
I. The City Engineer designed the Project and prepared the Project's plans
and specifications. The plans are now complete and the Project may be
constructed;
J. The City Council wishes to obtain the immunities set forth in Government
Code § 830.6 with regard to the plans and construction of the Project; and
K. In accepting VOLUNTEER's donation of the Project, the City notes that
Labor Code § 1720.4 specifically exempts work performed by volunteers
from payment of prevailing wages. In addition, the Department of
Industrial Relations ("DIR") has determined that prevailing wages need not
be paid for the Project (see DIR Decision No. 98-004 dated June 10, 1998
[donated pergola on city property]; and DIR Decision No. 99-058 dated
January 7, 2000 [volunteer labor]). Accordingly, the Project is not a
"public work" under the Labor Code and twenty volunteers need not be
paid prevailing wages.
SECTION 2: Design Immunity.
A. The design and plans for the Project are determined to be consistent with
the City's standards and are approved.
B. The design approval set forth in this Resolution occurred before actual
work on the Project construction commenced.
C. The approval granted by this Resolution conforms with the City's General
Plan.
D. The approval and authorization granted by this Resolution is intended to
avail the City of the immunities set forth in Government Code § 830.6.
SECTION 3: Authorizations.
A. The City Engineer, or designee, is authorized to act on the City's behalf in
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approving any alterations or modifications of the design and plans
approved by this Resolution.
B. The City Manager is authorized to execute a contract with VOLUNTEER
for construction of the Project in a form approved by the City Attorney.
SECTION 4: The City Clerk is directed to certify the adoption of this Resolution.
SECTION 5: This Resolution will become effective immediately upon adoption.
PASSED AND ADOPTED this 6th day of August, 2 1
iIl Fisher, Mayor
ATTEST:
Tra y We r, City Clerk
4,
APPROVED A$'T+ FORM:
Mark D. He .ley,/(6,Atto rney
By 1.ik I
Karl H. ierger, Assistd City Attorney
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