HomeMy WebLinkAboutAGENDA REPORT 2001 1205 CC SPC ITEM 04AMOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
uen City Manager hL
FROM: Steven K y, y g
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DATE: December 5, 2001 (CC Special Meeting of 12/5/01)
SUBJECT: Consider Resolution Authorizing the City Manager to
Contract for Emergency Repair Work to Public
Facilities Pursuant to Public Contracts Code Section
22050.
SUMMARY
Public Contracts Code Section 22050 (b) provides that the City
Council by a four - fifths vote may delegate to the City Manager
certain emergency powers. These powers include the authority to
order any action to repair or replace a public facility, take
any directly related and immediate action required by an
emergency, and procure the necessary equipment, services, and
supplies for those purposes, without giving notice for bids to
let contracts.
BACKGROUND
Sometime during the Thanksgiving Holiday weekend, one of four
large structural beams in the Apricot Room failed. As a result,
portions of the ceiling and roof collapsed. The nature of the
damage repair immediate action to ensure that additional
property damage does not occur. While the cost to construct
structural support to prevent further damage and repair the room
back to a usable condition is unknown at this time, we do know
that it will exceed $5,000.
The California Public Contracts Code requires that any project
in excess of $5,000 for the erection, improvement or repair of a
public improvement be let by competitive bid and awarded to the
lowest responsible bidder. This statutory requirement typically
results in a delay of several months before work on the project
actually starts.
M: \MLindley \Administration \Emergency contracting authority ccagd.doc
Apricot Room Emergency Repairs
Page 2
Recognizing that emergency situations may arise which
necessitate a more expedited procedure, Public Contracts Code
Section 22050(a) authorizes the City Council to enter into
emergency contracts to repair or replace public facilities when
it finds, based on substantial evidence that the emergency will
not permit a delay resulting from competitive solicitation for
bids, and that the action is necessary to respond to the
emergency. Public Contracts Code Section 22050(b) permits the
City Council to delegate this power to the City Manager,
imposing certain reporting and procedural requirements on the
City Manager, to ensure that the City Council is informed of any
work undertaken on an emergency basis.
DISCUSSION
In order to respond quickly to the emergency of the Apricot Room
structural damage, it is recommended that the City Council
delegate to the City Manager powers under Public Contracts Code
Section 22050(b) to act to repair or replace the Apricot Room
ceiling and roof without following the public bidding
requirements. The public health, safety and welfare necessitate
the repairs on an emergency basis as the facility cannot be used
safely by the public in its present state, and additional damage
could occur at any time due to rain.
Additionally, in order to respond immediately to any future
emergency situations that require action to repair or replace
damaged public facilities or related emergency actions it is
recommended that the City Council delegate emergency contract
power to the City Manager for future emergency situations as
provided in Public Contracts Code Section 22050. without such
authority, future emergency repairs will either necessitate
special meetings of the City Council, or be postponed (with
potentially severe consequences) until the next meeting of the
Council occurs.
STAFF RECOMDENDATION
Adopt Resolution No. 2001-
"(001CI
RESOLUTION NO. 2001-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AUTHORIZING THE CITY
MANAGER TO CONTRACT FOR EMERGENCY REPAIR WORK TO
PUBLIC FACILITIES PURSUANT TO PUBLIC CONTRACTS
CODE SECTION 22050
WHEREAS, the City Council desires a prompt response to
emergency situations involving damaged public facilities; and
WHEREAS, there is an emergency need to repair or replace
the damaged ceiling and roof in the Apricot Room of the Moorpark
City Community Center; and
WHEREAS, Public Contracts Code Section 22050(b) authorizes
the City Council to delegate to the City Manager the power to
take action to repair or replace a public facility in emergency
situations without giving notice for bids to let contracts.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council delegates to the City Manager
the power to act pursuant to Public Contracts Code Section 22050
to specifically repair or replace the damage to Apricot Room
ceiling and roof.
SECTION 2. The City Council delegates to the City Manager
the power to act pursuant to Public Contracts Code Section 22050
for any public facilities emergency as this Section in order to
address any future emergencies.
SECTION 3. The City Manager will follow the reporting and
procedural requirements set forth in Public Contracts Code
Section 22050(b). In addition, the City Manager will not
authorize any expenditures while acting under Section 22050(b)
which exceed $100,000.00.
SECTION 4. The City Clerk shall certify to the adoption of
this resolution and shall cause a certified resolution to be
filed in the book of original resolutions.
"fj0-.;
Resolution No. 2001 -
Page 2
PASSED AND ADOPTED this 5th day of December, 2001.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
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