HomeMy WebLinkAboutResolution No. UB-04A-2016RESOLUTION NO. UB -4A-2016
A RESOLUTION OF THE UTILITY BOARD OF THE CITY OF AZUSA
RATIFYING THE CITY MANAGER'S DETERMINATION THAT AN
EMERGENCY CONDITION EXISTED WITH RESPECT TO THE
REPAIR OF CERTAIN ELECTRICAL FACILITIES IN THE VICINITY
OF 1330-1365 HOLLIS AVENUE, AND RATIFYING THE CITY
MANAGER'S LETTING OF A CONTRACT TO PERFORM SAID
REPAIRS WITHOUT COMPETITIVE BIDDING, PURSUANT TO
SECTION 22050 OF THE CALIFORNIA PUBLIC CONTRACT CODE
AND AZUSA MUNICIPAL CODE SECTION 2-523
WHEREAS, there are older direct buried electrical cables which serve the residences at
1330 and 1365 Hollis Avenue which failed, requiring the City to install temporary overhead
electrical lines in order to continue providing services to affected residences; and
WHEREAS, temporary overhead electrical lines are an emergency measure that, in the
interests of public safety, should be taken down as soon as practical; and
WHEREAS, in order to immediately and permanently repair the electrical cables,
underground electrical conduit and cable must be installed at this location along with related
undergrounding work (the "Repair Work"); and
WHEREAS, the estimated cost for the Repair Work is $29,700; and
WHEREAS, Azusa Municipal Code Section 2-512(k) defines repair as a "public
project", which normally requires informal bidding under Azusa Municipal Code Sections 2-
529(b) and 2-532; and
WHEREAS, Azusa Municipal Code Section 2-523 provides, however, that formal or
informal bidding ...... may be dispensed with in the case of emergency. An emergency shall
exist when the service, repair, or replacements are immediately necessary to permit the continued
performance of essential operations or services of the City, or result in excessive costs if not
immediately remedied, or to avoid the immediate danger to life, health, or property. The City
Council delegates authority to the City Manager to declare such procurement emergency. If the
purchase is Twenty -Five Thousand and no/100ths ($25,000.00) Dollars and over, the City
Manager shall give notice of the purchase process to the City Council"; and
WHEREAS, Section 2-523 was adopted by unanimous vote of the City Council (5-0) on
July 20, 2015 as part of the City's comprehensive update to its purchasing ordinance; and
WHEREAS, pursuant to the authority expressly delegated under Azusa Municipal Code
Section 2-523, on June 6, 2016 the City Manager let a contract to TSR in the amount of $29,700,
in order to immediately commence the Repair Work and thereby remove the need for temporary
overhead electrical lines; and
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WHEREAS, because this emergency procurement exceeds $25,000, the City Manager
has presented this Resolution to the Utility Board at its next available regular meeting in order to
give notice of the purchase process required by Azusa Municipal Code Section 2-523; and
WHEREAS, Public Contract Code Section 22002(c)(1) also defines repair as a "public
project", which, normally requires informal bidding under Public Contract Code Section 22032;
and
WHEREAS, Public Contract Code Section 1102 defines an emergency as "a sudden
unexpected occurrence that poses a clear and imminent danger, requiring immediate action to
prevent or mitigate the loss or impairment of life, health, property, or essential public services";
and
WHEREAS, Public Contract Code Section 22050(a)(1) states, "In the case of an
emergency, a public agency, pursuant to a four-fifths vote of its governing body 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"; and
WHEREAS, Public Contract Code Section 22050(b)(1) further provides that "The
governing body, by a four-fifths vote, may delegate, by resolution or ordinance, to the
appropriate ... city manager .... or other nonelected agency officer, the authority to order any
action pursuant to [Section 22050(a)(1)]'; and
WHEREAS, by unanimously adopting Azusa Municipal Code Section 2-523, the City
Council expressly delegated to the City Manager the authority to declare an emergency and to
procure the necessary equipment, services and supplies to address the emergency without putting
a contract out to formal or informal bidding; and
WHEREAS, Public Contract Code Section 22050(b)(3) provides that "If a person with
authority delegated pursuant to [Section 22050(b)(1)] orders any action .... that person shall
report to the governing body, at its next meeting required pursuant to this section, the reasons
justifying why the emergency will not permit a delay resulting from a competitive solicitation for
bids and why the action is necessary to respond to the emergency."; and
WHEREAS, Public Contract Code Section 22050(c)(3) further provides that "If a person
with authority delegated pursuant [Section 22050(b)(1)] orders any action .... the governing
body shall initially review the emergency action .... and at least at every regularly scheduled
meeting thereafter until the action is terminated, to determine, by a four-fifths vote, that there is a
need to continue the action, unless a person with authority delegated pursuant to [Section
22050(b)(1)] has terminated the action prior to the governing body reviewing the emergency
action and making a determination pursuant to this subdivision...'; and
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WHEREAS, for City utility matters, the City of Azusa City Council convenes as the
Azusa Utility Board; and
WHEREAS, the City Manager hereby reports to the Utility Board that, for the reasons
set forth herein, in the staff report, and on the public record, that there was substantial evidence
demonstrating that the conditions at the Repair Work site constituted a sudden unexpected
occurrence that posed a clear and imminent danger to the surrounding neighborhood and the
general public, requiring immediate action to prevent or mitigate the loss or impairment of life,
health, or property; and
WHEREAS, the City Manager also hereby reports to the Utility Board that, for the
reasons set forth herein, in the staff report, and on the public record, that there was substantial
evidence that the emergency did not permit a delay resulting from a competitive solicitation for
bids, and that the Repair Work was necessary to respond to the emergency; and
WHEREAS, the Utility Board has reviewed the City Manager's emergency action and
concurs with the City Manager's findings and determination.
NOW THEREFORE, THE UTILITY BOARD OF THE CITY OF AZUSA DOES
HEREBY RESOLVE AS FOLLOWS:
1. The failure of the electrical cables which serve residences at 1330 and 1365 Hollis
Avenue constitutes an "emergency" under Public Contract Code Section 1102 and the Utility
Board hereby ratifies the City Manager's determination in this regard.
2. The City Manager's decision to waive the informal competitive bidding
requirements for the Repair Work pursuant to Public Contract Code Section 22050(b)(3) and
Azusa Municipal Code Section 2-523 is hereby ratified.
3. The action is exempt from the California Environmental Quality Act ("CEQA")
(Pub. Res. Code, §§ 21000, et seq. and Title 14 of the California Code of Regulations, §§ 15000
et seq. ("State CEQA Guidelines")), pursuant to 14 Cal. Code of Regs. § 15269 as an emergency
project and Staff is hereby directed to file a Notice of Exemption with the Los Angeles County
Clerk's Office.
4. The City Clerk shall certify to the adoption of this resolution.
PASSED, ADOPTED and APPROVED this 27th day of June, 2016.
seph Romero Rocha
?Board Member/Mayor
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ATTEST:
9
J�Py� a ceComejo
Secretary City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I HEREBY CERTIFY that the foregoing Resolution UB -4A-2016 was duly adopted by the
Utility Board/City Council of the City of Azusa at a regular meeting of the Azusa Light &
Water Utility Board on the 27th day of June, 2016,
AYES: BOARD/COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA
NOES: BOARD/COUNCILMEMBERS: NONE
ABSENT: BOARD/COUNCILMEMBERS: NONE
J f ce Cornejo, r.,
Secretar City Clerk
APPROVED AS TO FORM:
Best Bet & Krieger, JLP
City Attrney