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
WHEREAS, Section 1102 of the California Public Contract Code defines an "emergency" as "a sudent respected occur to los or impatient it, heath, proper, resential public services"; and
WHEREAS, Section 20168 of the California Public Contract Code 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, and that upon adoption of the resolution, it may expend any sum required in the emergency without complying with standard competitive bidding requirements, provided that if notice for bids to let contracts will not be given, the legislative body shall comply with Chapter 2.5 (commencing with Section 22050); and WHEREAS, Section 22050 of the California Public Contract Code 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; and
WHEREAS, Section 22050, subdivision (b)(1), of the California Public Contract Code provides that the governing body, by a four-fifths vote, may delegate to the City Manager the authority to order emergency actions, including the procurement of necessary equipment, services, and supplies without giving notice for bids to let contracts; and WHEREAS, Section 04.03.02(A) 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; and
WHEREAS, Section 02.06.05(A)(8) of the San Marino Municipal Code further provides that at each meeting following such emergency proclamation, the City Council shall determine by a four-fifths (4/5) vote that there is a need to continue the remedial action and whether that work should continue without the benefit of informal or formal bidding; and WHEREAS, a long-term water leak has been discovered at the City's sole Fire Station, which has caused significant and extensive water damage to the structure, including damage to walls, CITY OF SAN MARINO RESOLUTION NO. R-26-08
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flooring, electrical systems, and other building components critical to the continued safe operation of the Fire Station; and
WHEREAS, The Fire Station is an essential public safety facility that houses firefighting apparatus, emergency medical equipment, and fire personnel who provide emergency response services to the residents and businesses of the City of San Marino; and WHEREAS, the water damage to the Fire Station poses a clear and imminent danger to the health and safety of fire personnel stationed at the facility and threatens the impairment of essential public safety services, including fire suppression and emergency medical response capabilities; and
WHEREAS, the continued deterioration of the facility resulting from the long-term water leak, if not immediately addressed, may result in further structural damage, and compromise the City's ability to provide uninterrupted fire protection and emergency services to the community; and WHEREAS, the City Manager, acting pursuant to the authority delegated under San Marino Municipal Code Section 04.03.02(A), proclaimed a public emergency on April 20, 2026 in connection with the water damage at the Fire Station and authorized immediate actions to assess, remediate, and repair the damage, including entering into contracts with TAAB Restoration Inc., dba ServPro for immediate remediation/mitigation efforts and Envirocheck, Inc. for testing; and WHEREAS, the City Council is required to ratify the City Manager's emergency proclamation and to review the emergency action at each regularly scheduled meeting thereafter, in accordance with Public Contract Code Section 22050; and
WHEREAS, compliance with competitive bidding procedures would require a number of months and would not allow prompt action to be taken as required to safeguard the health and safety of fire personnel and to protect City property and essential public services; and WHEREAS, this situation involves a clear and imminent threat demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, and essential public services; and WHEREAS, the California Environmental Quality Act ("CEQA") establishes a statutory exemption for emergency repairs to public service facilities necessary to maintain service and for other specific actions necessary to prevent or mitigate an emergency, and the repairs to Fire Station 91 are categorically exempt from CEQA pursuant to CEQA Guidelines Section 15301 (Existing Facilities) and Section 15269 (Emergency Projects).
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Marino, California, as follows:
SECTION 1. Findings. The recitals set forth above are true and correct and are incorporated into the body of this Resolution by reference. The City Council hereby finds, based on substantial evidence presented before the City Council, the following:
(a) 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 4916-6960-3235 vl
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of fire personnel and threaten the impairment of essential public safety services provided by the City.
(b) The emergency will not permit a delay resulting from a competitive solicitation for bids, and the immediate procurement of construction services, materials, and supplies is necessary to respond to the emergency and to safeguard life, health, and property. (c) 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.
(d) The action to immediately procure the required construction services, equipment, materials, and supplies on an emergency basis, without giving notice for bids to let contracts, is necessary to respond to the emergency conditions described herein.
SECTION 2. Ratification of Emergency Proclamation and Contracts Entered Into. In consequence of the conditions described herein, and pursuant to California Public Contract Code Sections 1102, 20168, and 22050, and San Marino Municipal Code Section 02.06.05(A)(8), the City Council hereby finds that a local emergency exists and ratifies the City Manager's proclamation of a public emergency with respect to the water damage at the Fire Station and also ratifies the contracts referenced above entered into at the City Manager's direction.
SECTION 3. Authorization of Emergency Procurement. The City Council, pursuant to San Marino Municipal Code Section 02.06.05(A)(8) and California Public Contract Code Sections 20168 and 22050(b)(1), and by a four-fifths (4/5) vote, hereby authorizes the City Manager to take the following actions in response to the emergency:
(a) Repair or replace the affected portions of Fire Station 91 and take any directly related and immediate action required by the emergency.
(b) Procure the necessary construction services, equipment, materials, and supplies for emergency remediation and repair purposes, without giving notice for bids to let contracts and without complying with the informal or formal bidding requirements otherwise applicable under the San Marino Municipal Code and the California Public Contract Code. (c) Negotiate and execute contracts with qualified contractors, consultants, and vendors as necessary to assess, remediate, and repair the water damage and any related structural, environmental, or systems damage at the Fire Station.
(d) Take all other actions directly related to and required by the emergency, including but not limited to environmental testing, hazardous materials abatement, temporary relocation of fire personnel and equipment, and any other measures necessary to restore the Fire Station to full operational capacity.
SECTION 4. Scope and Limitations. The emergency procurement authority granted herein shall be limited to those actions necessary to respond to the emergency conditions at the Fire Station as described in this Resolution. The City Manager shall exercise sound fiscal judgment in the expenditure of public funds and shall make reasonable efforts to obtain competitive pricing where feasible and consistent with the urgency of the emergency. All contracts entered into 4916-6960-3235 v1
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pursuant to this Resolution shall be subject to applicable prevailing wage requirements and other provisions of law not expressly waived by the emergency procurement authority.
SECTION 5. Reporting and Review. In accordance with California Public Contract Code Section 22050 and San Marino Municipal Code Section 02.06.05(A)(8):
(a) The City Manager shall report to the City Council at the next regularly scheduled meeting, and at each regularly scheduled meeting thereafter until the emergency action is terminated, on the status of emergency repair activities, contracts executed, and expenditures incurred pursuant to this Resolution.
(b) The City Council shall review the emergency action at each regularly scheduled meeting and shall 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. (c) 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, in accordance with Public Contract Code Section 22050(c)(3).
SECTION 6. CEQA Exemption. The City Council finds that the emergency repair activities authorized by this Resolution are categorically exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15301 (Existing Facilities) and Section 15269 (Emergency Projects).
SECTION 7. Effective Date. This Resolution shall become effective immediately upon its adoption.
SECTION 8. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution.
PASSED, APPROVED AND ADOPTED at a meeting of the City Council of the City of San Marino, California, on this 24'h day of April, 2026.
TONY CHOU
MAYOR
ATTEST:
Alison Willer
ALISON WALKER
CITY CLERK
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) ss.
CITY OF SAN MARINO
I, Alison Walker, City Clerk of the City of San Marino, California, hereby certify that Resolution No. R-26-08 was adopted by the City Council of the City of San Marino at a regular meeting held on the 24th day of April, 2026, and that the same was adopted by the following vote:
AYES: Council Member Chang, Council Member Chou, Council Member NOES: Shepherd Romey, Vice Mayor Lo, and Mayor Chou
ABSTAIN: None
ABSENT: None
Alisen Walter
ALISON WALKER
CITY CLERK