CC RESOLUTION 4877RESOLUTION NO. 4877
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 Ell 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. On February 27, after rain during the night and early morning hours, the
drain in the northeast corner of the Human Resources wing of the building
leaked, causing flooding in several areas of the northern portion of the
building.
At this time, a significant amount of specialized cleaning to prevent mold
growth must be done. Drywall repair, carpet removal or cleaning, and
furniture restoration must also be completed in these areas to allow two
severely damaged areas to once again be used, to bring displaced City
personnel back into their offices, and to repair minor damaged areas.
Discussions with the contractor and their insurance company to repair the
areas have stalled.
D. In compliance with applicable law, and to protect public, health, safety and
welfare, the City Manager is taking immediate emergency action to
authorize the water damage repairs 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 potential for ongoing mold growth since the flooding constitutes an
1
unexpected occurrence that poses a clear and imminent danger to the
City property, its citizens, and employees. This threat requires 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 CEQA Guidelines § 15269(a) because the
repair of the water damaged areas 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 31d day of June, 2014.
ATTEST:
Tra6y Weat.�er, City Clerk
Suzan , a Fuentes, Mayor
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
By.
Karl H. Berger, Assistant City 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 water damage in the north portion of City Hall
resulting from the Roof Replacement Project. These conditions require an immediate
response to clean and repair drywall and carpet, and restore furniture, in the north
portion of City Hall.
These conditions of extreme peril warrant and necessitated the proclamation of the
existence of a local emergency with regard to the water damage in the north portion of
City Hall.
Accordingly, pursuant to § 1 -7A -4 of ;,he El Segundo Municipal Code, a local emergency
is proclaimed to have existed withiy1 he G�y of El- Segundo on June 3, 2014.
City Mager
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Date/Time