HomeMy WebLinkAboutResolution No. 2015-C54RESOLUTION NO. 2015-054
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA
RATIFYING THE CITY MANAGER'S DETERMINATION THAT AN
EMERGENCY CONDITION EXISTS WITH RESPECT TO A BUILDING
AT 890 N. DALTON AVENUE, RATIFYING THE CITY MANAGER'S
LETTING OF A CONTRACT TO DEMOLISH SAID BUILDING
WITHOUT COMPETITIVE BIDDING, AND FINDING THAT THERE IS
A NEED TO CONTINUE SUCH EMERGENCY ACTION, PURSUANT TO
SECTION 22050 OF THE CALIFORNIA PUBLIC CONTRACT CODE
AND AZUSA MUNICIPAL CODE SECTION 2-523
WHEREAS, the City of Azusa owns a building located at 890 N. Dalton Avenue (the
"Building"); and.
WHEREAS, the Building is unoccupied and in a severely dilapidated condition, and,
despite the City's efforts to board up/secure the Building, the City has recently become aware
that transients have been living in the Building, individuals have been illegally removing the
copper wiring and piping from the Building, and other dangerous conditions have been occurring
therein; and
WHEREAS, due to the Building's dilapidated condition, including failure of the roof
and the presence of asbestos and lead therein, it is not economically feasible to rehabilitate the
Building and the continued existence of the Building poses an attractive nuisance and a clear and
imminent danger to the surrounding neighborhood and the general public; and
WHEREAS, the City Manager has determined that the most effective means of
eliminating this danger to the public is to demolish the Building, including asbestos and lead
abatement; and
WHEREAS, the estimated cost to demolish the Building and perform asbestos and lead
abatement is $40,650; and
WHEREAS, Azusa Municipal Code Section 2-512(k) defines demolition 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 September 1, 2015 the City Manager let a contract to GAMA Contracting
Services, Inc. in the amount of $40,650, in order to immediately commence the demolition of the
Building and abatement of asbestos and lead therein; and
WHEREAS, because this emergency procurement exceeds $25,000, the City Manager
has presented this Resolution to the City Council 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 demolition 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
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22050(b)(1)] has terminated the action prior to the governing body reviewing the emergency
action and making a determination pursuant to this subdivision..."
WHEREAS, demolition of the Building and asbestos/lead abatement in ongoing and,
therefore, the emergency action has not yet been terminated; and
WHEREAS, the City Manager hereby reports to the City Council 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 Building 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 City Council 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 demolition of the Building and asbestos/lead abatement was necessary to respond
to the emergency; and
WHEREAS, the City Council has reviewed the City Manager's emergency action and
concurs with the City Manager's findings and determination.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES
HEREBY RESOLVE AS FOLLOWS:
1. The severely dilapidated condition of the Building constitutes an "emergency"
under Public Contract Code Section 1102 and the City Council hereby ratifies the City
Manager's determination in this regard.
2. The City Manager's decision to waive the informal competitive bidding
requirements for demolition of the Building and asbestos/lead abatement pursuant to Public
Contract Code Section 22050(b)(3) and Azusa Municipal Code Section 2-523 are hereby ratified.
3. Pursuant to Public Contract Code Section 22050(c)(3), by a four-fifths vote, the
City Council finds that there is a need to continue the emergency action originally authorized by
the City Manager. Further, such action shall be reviewed by the City Council at each subsequent
regular City Council meeting to determine whether there is a need to continue the action, until
the action is terminated.
4. 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.
5. The City Clerk shall certify to the adoption of this resolution.
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PASSED, APPROVED and ADOPTED this 215` day of September, 2015.
osepho rem o Rocha
Mayor
ATTEST:
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I HEREBY CERTIFY that the foregoing Resolution No. 2015-054 was duly adopted
by the City Council of the City of Azusa at a regular meeting thereof, held on the 2151 day of
September, 2015, by the following vote of Council:
AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
APPROVED AS TO FORM:
Best Be Krieger, LP
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City Attorney
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