CC RESOLUTION 48714871
RESOLUTION NO.
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 roofing project, located within the public facility identified as City Hall
resulted in debris falling through the roofing sub -floor and into the attic
space of the building. Subsequently, some of that debris, including tar
and gravel, has fallen through the ceiling tiles and onto work stations,
carpets and tables, creating an unsafe work environment and
necessitating the relocation of many City Hail staff. T he debris must be
mitigated before the Planning and Building Safety and Human Resources
staff can return to their routine work stations.
D. In compliance with applicable law, and to protect public, health, safety and
welfare, the City Manager is taking immediate emergency action to
remove the debris 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 fallen roofing debris constitutes 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.
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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 CEQA Guidelines § 15269(a) because the
fallen debris - related emergency repair to this public facility is 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 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 6t" day of May, 2014.
ATTEST:
racy VVeavog, uty Clerk
11�'Wh UL_&W�A)
gu'zarxp Fuentes, Mayor
APPROVED AS TO FORM:
Mark D. Hensley,.._ ity Attorney
r.
By.,,,
Karl H. B rger, Assistant City Attorney
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