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TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Joseph Montes, City Attorney
DATE: April 24, 2026
SUBJECT: CONSIDERATION OF RESOLUTION NO. R-26-08 TO
RATIFY THE CITY MANAGER’S PROCLAMATION OF
EMERGENCY AND AUTHORIZE EMERGENCY
PROCUREMENT OF CONSTRUCTION SERVICES FOR
REPAIRS TO THE FIRE STATION PURSUANT TO PUBLIC
CONTRACT CODE SECTIONS 20168 AND 22050
STRATEGIC PLAN CRITICAL SUCCESS FACTORS
Efficient, Responsive and Effective City Services
Fiscally Responsible and Transparent City Government
BACKGROUND
Fire Station 91, San Marino’s sole Fire Station is an essential public safety facility located within the City of San Marino that houses firefighting apparatus, emergency medical equipment, and fire personnel who provide emergency response services to the residents and businesses of the City. The facility is critical to the City's ability to deliver uninterrupted fire suppression and emergency medical response capabilities to the community.
City staff recently discovered that a long-term water leak within the Fire Station has caused significant and extensive water damage to the structure.
The damage includes deterioration of walls, flooring, electrical systems, and other building components critical to the continued safe operation of the fire station.
Upon discovery of the water damage, the City Manager, acting pursuant to the authority delegated under San Marino Municipal Code Section Tony Chou, Mayor
Calvin Lo, Vice Mayor
John Chou, Council Member
Hunter Chang, Council Member
Gretchen Shepherd Romey, Council Member
04.03.02(A), proclaimed a public emergency in connection with the water damage at the Fire Station and authorized immediate actions to assess, remediate, and repair the damage. Section 02.06.05(A)(8) of the San Marino Municipal Code delegates to the City Manager the power to proclaim a public emergency, as defined in Public Contract Code Section 1102, to immediately take all actions directly required by the emergency, to procure needed goods, services, and public projects, and to contract for public projects without informal or formal bidding.
DISCUSSION
The water damage at the Fire Station constitutes an emergency within the meaning of California Public Contract Code Section 1102, which defines "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." The continued deterioration of the facility, if not immediately addressed, may result in further structural damage, potential exposure of personnel to hazardous materials, and compromise the City's ability to provide uninterrupted fire protection and emergency services to the community.
Emergency Procurement Authority
The City Council is being asked to ratify the City Manager's emergency declaration and to authorize emergency procurement of construction services pursuant to two complementary provisions of the California Public Contract Code:
Public Contract Code Section 20168 provides that in case of an emergency, the legislative body may pass a resolution by a four-fifths vote of its members declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property. Upon adoption of the resolution, the City may expend any sum required in the emergency without complying with standard competitive bidding requirements. If notice for bids to let contracts will not be given, the legislative body shall comply with Chapter 2.5 (commencing with Section 22050).
Public Contract Code Section 22050 provides that in cases of emergency and pursuant to a four-fifths vote, a public agency 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. Section 22050 further provides that the governing body, by a four-fifths vote, may delegate to the city manager the authority to order such emergency actions.
This recommended action is consistent with the City's procurement policies set forth in San Marino Municipal Code Section 02.06.05, which delegates emergency procurement authority to the City Manager and defers to the Public Contract Code for public projects.
Additionally, with some remediation work already having begun, it is anticipated that emergency repair work will be taking place 24 hours a day by contractors when possible to return Fire Station 91 to full working order as quickly as possible.
Required Findings
In order for the City Council to approve the recommended actions, the City Council must, by a four-fifths (4/5) vote, make the following findings based on substantial evidence set forth in the minutes of this meeting:
(a) That a long-term water leak at Fire Station 91 has caused significant and extensive water damage to the facility, creating conditions that pose a clear and imminent danger to the health and safety of fire personnel and threaten the impairment of essential public safety services provided by the City; (b) That the emergency will not permit a delay resulting from a competitive solicitation for bids, and that the immediate procurement of construction services, materials, and supplies is necessary to respond to the emergency and to safeguard life, health, and property;
(c) That immediate repairs are necessary to permit the continued conduct of essential fire protection and emergency medical services operations and to ensure the safety of City personnel and the public.
Ongoing Review Requirements
Pursuant to Public Contract Code Section 22050(c) and San Marino Municipal Code Section 02.06.05(A)(8), the City Council must review the emergency action at each regularly scheduled meeting and determine, by a four-fifths (4/5) vote, whether there is a need to continue the emergency action and whether that work should continue without the benefit of informal or formal bidding. The City Council shall terminate the emergency action at the earliest possible date that conditions warrant so that the remainder of the emergency action may be completed by giving notice for bids to let contracts. Staff will report to the City Council on the status of the emergency project at its next regularly scheduled meeting and at each regular meeting thereafter, as required by the Public Contract Code, until the repairs are completed.
Environmental Analysis
The emergency repairs to Fire Station 91 are categorically exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Section 15301 (Existing Facilities) and Section 15269 (Emergency Projects).
FISCAL IMPACT & PROCUREMENT REVIEW
The full cost of the emergency repair work at Fire Station 91 is not yet known and will depend upon the scope of remediation required once a full assessment of the water damage has been completed. The City Manager will negotiate contracts with qualified contractors and vendors necessary to assess, remediate, and repair the damage. Even though there is no formal bid process required in emergency projects, the City Manager will make reasonable efforts to obtain competitive pricing where feasible and consistent with the urgency of the emergency. All contracts entered into pursuant to the Resolution shall be subject to applicable prevailing wage requirements. Staff will provide the City Council with regular updates on expenditures incurred pursuant to the Resolution at each regularly scheduled meeting.
While the costs of the emergency repair work are unknown at this time, the City anticipates a significant portion to be covered by the City’s property insurance policies with the California Joint Powers Insurance Authority subject to the City’s coverage limits. At a minimum, the City expects to be responsible for the insurance policy’s deductible of $15,000. Expenses not covered by insurance will be paid for out of the City’s General Fund Unassigned Fund Balance (Reserves).
LEGAL REVIEW
The City Attorney's office has reviewed and approved as to form.
RECOMMENDATION
Staff recommends the City Council approve Resolution No. R-26-08 ratifying the City Manager’s proclamation of emergency and authorizing emergency procurements to repair Fire Station 91. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
"I move to adopt Resolution No. R-26-08 a Resolution of the City Council of the City of San Marino, California, Ratifying the City Manager's Proclamation of Emergency and Authorizing Emergency Procurement of Construction Services for Repairs to Fire Station 91 Pursuant to Public Contract Code Sections 20168 and 22050."
ATTACHMENTS
1. Resolution No. R-26-08
2. City Manager’s Proclamation of Local Emergency