14-G
TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Len Gorecki, Assistant City Manager/Director of Public Works Bernardo Iniguez, Public Works Manager
SUBJECT: Consideration and possible action to adopt Resolution No. 22-54 – A Resolution adopted pursuant to Public Contract Code § 20168 finding that an emergency exists within the City and authorizing contracting without the need for bidding pursuant to § 22050 and Bellflower Municipal Code Chapter 2.20 for the repairs to the light fixtures at the West Branch Greenway Multi-Modal Transportation Corridor (the “Bike Trail”) due to wire theft and finding that the project is exempt from review under the California Environmental Quality Act as an emergency project.
DATE: September 12, 2022
EXECUTIVE SUMMARY
On and after September 25, 2021, over 20,000 lineal feet of copper wire was stolen from the Bike Trail light fixtures, causing darkness at night due to the loss of power to those light fixtures. This created a condition of extreme peril to the safety of persons and property. The City Manager then declared an emergency and authorized the Public Works Director, or designee, to undertake all actions required to restore the lights on the Bike Trail. The attached Resolution will ratify the City Manager’s administrative declaration of an emergency and authorize contracting without the need for bidding.
RECOMMENDATION TO CITY COUNCIL
1) Adopt Resolution No. 22-54;
2) Authorize the City Manager, or designee, to execute a contract, in a form approved by the City Attorney, with Luster Electric Inc. (Luster); or
3) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
Measure R Fund 125 has sufficient funds to provide for the cost of electrical repairs which is estimated at $120,000.
-1-
Staff Report – Resolution Ratifying Declaration of Emergency for Repairs to the Bike Trail Light Fixtures
September 12, 2022
BACKGROUND
On and after September 25, 2021, over 20,000 lineal feet of copper wire was stolen from the Bike Trail light fixtures, causing darkness at night due to the loss of power to those light fixtures. Ordinarily, the Public Contract Code (“PCC”) § 22034 allows the City to authorize the City Manager to approve projects and to bypass bidding for projects less than $60,000; allows the City Council to award contracts through informal bidding for projects between $60,000 and $200,000; and requires formal bidding procedures for any project over $200,000. However, PCC § 20168 allows the City Council to adopt a resolution by four-fifths vote “declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health or property.” Pursuant to this section and PCC § 22050, the City Council may bypass bidding requirements ordinarily required under the PCC. An “emergency” is defined 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.”
Here, there was an imminent danger to public health and safety due to the loss of power to the light fixtures at the Bike Trail. While most of the emergency repair work was authorized by the City Manager utilizing emergency powers delegated to him via the COVID-19 Pandemic local emergency, the City Manager nevertheless declared an emergency to exist as of December 2, 2021, and authorized the Public Works Director, or designee, to restore the lights on the Bike Trail without the need for public bidding, pursuant to PCC § 22050 and BMC Chapter 2.20.
Public Works staff directed Luster to proceed with the necessary emergency repairs.
Adopting the proposed resolution will ratify the emergency; authorize staff to execute the appropriate contract with Luster; and ensure that Luster will be properly compensated for its emergency services.
ATTACHMENT
Resolution No. 22-54....................................................................................................... 3 -2-
CITY OF BELLFLOWER
RESOLUTION NO. 22-54
A RESOLUTION ADOPTED PURSUANT TO PUBLIC
CONTRACT CODE § 20168 FINDING THAT AN EMERGENCY
EXISTS WITHIN THE CITY AND AUTHORIZING
CONTRACTING WITHOUT THE NEED FOR BIDDING
PURSUANT TO § 22050 AND BELLFLOWER MUNICIPAL
CODE CHAPTER 2.20 FOR THE REPAIRS TO THE LIGHT
FIXTURES AT THE WEST BRANCH GREENWAY
MULTI-MODAL TRANSPORTATION CORRIDOR (THE “BIKE
TRAIL”) DUE TO WIRE THEFT AND FINDING THAT THE
PROJECT IS EXEMPT FROM REVIEW UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT AS AN
EMERGENCY PROJECT
THE CITY COUNCIL RESOLVES AS FOLLOWS:
SECTION 1. The City Council finds and declares as follows:
A. On March 17, 2020, the City Council adopted Resolution No. 20-09 which confirmed the existence of a local emergency related to the COVID-19 Pandemic (the “Pandemic”). The City Council subsequent adopted a series of resolutions extending the Pandemic emergency.
B. On March 14, 2022, the City Council adopted Resolution No. 22-13 which extended the Pandemic emergency until March 31, 2022.
There was no subsequent extension of the local emergency.
Consequently, it terminated on or about May 30, 2022 by operation of law (see, Government Code § 8630).
C. During the Pandemic, between September 25, 2021 and May 30, 2022, the City Manager authorized the emergency repair of various light fixtures along the West Branch Greenway Multi-Modal Transportation Corridor (aka the “Bike Trail”) pursuant to the emergency powers delegated to him via California law and the Bellflower Municipal Code (“BMC”) including, without limitation, BMC Chapter 2.20.
D. In total, more than 20,000 lineal feet of copper wire was removed from light fixtures since September 2021 resulting in extreme peril to the safety of persons and property (particularly at night).
-3-
City of Bellflower
Resolution No. 22-54
E. Although most of the work to protect the public occurred during the Pandemic, the City Manager (in an abundance of caution) executed a separate administrative declaration of emergency to retroactively ensure that all light fixtures were timely repaired. A copy of that administrative declaration is attached as Exhibit “A,” and incorporated by reference.
F. Pursuant to Public Contract 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.
G. 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.
H. Based upon the City Manager’s declaration of emergency, the City Council finds that there is an imminent threat to public health, safety, welfare and property that requires immediate action.
I. The City Council takes note of the analysis and decisions set forth in Graydon v. Pasadena Redevelopment Agency (1980) Cal.App.3d 631; Hodgeman v. City of San Diego (1942) 53 Cal. App.2nd 610; Orange County Water Dist. v. Bennett (1958) 156 Cal. App.2nd 745; and Los Angeles G&E Corp. v. City of Los Angeles (1922) 188 Cal. 307. The conditions caused by, and resulting from, the Pandemic make it apparent that immediate emergency action was necessary to protect public health and safety as to work completed at the Bike Trail.
J. This Resolution, and the actions ratified by the Resolution, were reviewed pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regulations §§15000, et seq., the “CEQA Guidelines”). Based upon that review, this action is exempt from further review pursuant to CEQA Guidelines § 15269(a) because the protection of public and private property is necessary to maintain service essential to the public, health and welfare (see also, CalBeach Advocates v. City of Solana Beach (2002) 103 Cal.App.4th 529).
SECTION 2. In light of the emergency described above, the City Council retroactively ratifies all actions of the City Manager beginning on December 2, 2021 to take all steps necessary to protect public health, safety, welfare and property including, without limitation, awarding contracts in accordance with PCC § 22050 and BMC Chapter
2.20. -4-
City of Bellflower
Resolution No. 22-54
SECTION 3. This Resolution does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Resolution’s effective date. Any such amended part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Resolution.
SECTION 4. If any part of this Resolution or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Resolution are severable.
SECTION 5. To the extent that any other resolution pertaining to the finding that an emergency exists within the City is incorporated into this Resolution, it is superseded in its entirety.
SECTION 6. Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 7. The Mayor, or presiding officer, is hereby authorized to affix his signature to this Resolution signifying its adoption by the City Council of the City of Bellflower, and the City Clerk, or her duly appointed deputy, is directed to attest thereto.
SECTION 8. This Resolution will become retroactively effective beginning December 2, 2021 upon adoption and remain effective unless superseded by a subsequent resolution.
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER THIS 12TH DAY OF SEPTEMBER 2022.
________________________________
Ray Dunton, Mayor
ATTEST:
________________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
________________________________
Karl H. Berger, City Attorney
-5-
-6-