CC RESOLUTION 4869RESOLUTION NO. 4869
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 AND El Segundo
Municipal Code §§ 1 -7 -12 and 1 -7A -4 AND FINDING THAT
THE PROJECT IS EXEMPT FROM REVIEW UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT AS AN
EMERGENCY REPAIR.
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. A domestic hot water boiler, located within the public facility identified as
Park Vista, failed on Thursday, March 27, 2014, due to a wiring short,
which also caused a small internal fire to the unit. Park Vista currently
houses many senior residents who were without hot water. The
inoperable boiler constituted an imminent threat to public health and safety
because the California Plumbing Code requires hot water be available to
occupied buildings for bathing, washing, dishwashing, laundry and other
cooking purposes.
D. In compliance with applicable law, and to protect public, health, safety and
welfare, the City Manager took immediate emergency action to replace the
boiler in accordance with El Segundo Municipal Code ( "ESMC ") §§ 1 -7 -12
and 1 -7A -4 and has reported his actions to the City Council.
E. The failed boiler constituted a sudden, unexpected occurrence that posed
a clear and imminent danger to the City property, its citizens, and
employees. This threat required immediate action to prevent or mitigate
the loss or impairment of essential public services.
F. Under such emergency conditions, the City Council finds that the delay
resulting from public bidding would have imperiled essential public
services.
G. The project is exempt from review under the California Environmental
Quality Act of 1970, as amended, Public Resources Code section 21000
et seq. ( "CEQA ") pursuant to Section 15269, subdivision (a) of the CEQA
Guidelines because replacing the boiler was an emergency repair to a
public facility necessary to maintain service essential to the public, health
and welfare.
SECTION 2: In light of the emergency described above, the City Council ratifies the
actions of the the City Manager, to take all steps necessary to protect public health,
safety and welfare including, without limitation, awarding contracts in accordance with
PCC § 22050 and ESMC §§ 1 -7A -4 and and 1 -7A -4
SECTION 3: This Resolution will become effective immediately upon adoption and
remain effective unless superseded by a subsequent resolution.
PASSED AND ADOPTED this 15th day of April, 2014.
ATTEST:
Tracy Wea r, City Clerk
Suza ne Fuentes, Mayor
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
Y:
Karl H. Berger, Assistant P ity Attorney
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The City Manager finds:
CITY OF EL SEGUNDO
City Manager's Office
DECLARATION OF EMERGENCY
That conditions of extreme peril to the safety of persons and property arose within the
City of El Segundo, caused by the failure of a hot water boiler at the Park Vista Senior
Housing facility. These conditions required an immediate response to replace the
boiler.
These conditions of extreme peril warrant and necessitated the proclamation of the
existence of a local emergency with regard to the failure of the boiler.
Accordingly, pursuant to § 1 -7A- the El Segundo Municipal Code, a local emergency
is proclaimed to have existed n t�itI Segundo on March 27, 2014.
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