R 5271 RESOLUTION NO. 5271
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE DETERMINING A NEED TO
CONTINUE WORK UNDER EMERGENCY CONTRACTS
FOR THE FCFA STATION 1 EMERGENCY GENERATOR
REPLACEMENT PROJECT
WHEREAS, on September 13, 2022, pursuant to Public Contract Code (PCC) Section
22050, the City Council deemed it was is in the public interest to immediately authorize
the expenditure of City funds needed to safeguard the health, safety and welfare and to
proceed immediately with the replacement of the emergency generator at the Five Cities
Fire Authority (FCFA) Station 1; and
WHEREAS, On September 13, 2022, the City Council deemed the immediate
replacement of the emergency generator was necessary in order to protect the public
health, safety and welfare and would not permit a delay resulting from a competitive
solicitation for bids and that prompt action, including authorization to expend all funds
required for such replacement without competitive bidding, was necessary to respond to
the emergency; and
WHEREAS, on September 13, 2022, the City Council adopted Resolution No. 5219
declaring an emergency and authorizing the City Manager to enter into any contract or
agreement in order to immediately replace the emergency generator; and
WHEREAS, PCC Section 22050 requires that after proceeding with an emergency
project, the City Council shall review the emergency action at its next regularly scheduled
meeting and at every regularly scheduled meeting thereafter until the emergency action
is terminated; and
WHEREAS, on September 27, 2022, the City Council adopted Resolution No. 5225
determining a need to continue work under emergency contracts to replace the
emergency generator and has adopted a similar resolution at all subsequent regular City
Council meetings; and
WHEREAS, the continuation of the emergency action and the update of the emergency
generator replacement project at FCFA Station 1 is categorically exempt from the
California Environmental Quality Act ("CEQA") under the Class 2 exemption, which
applies to the replacement or reconstruction of existing structures and facilities where the
new structure will be located on the same site as the structure replaced and will have
substantially the same purpose and capacity as the structure replaced, and where none
of the exceptions to the exemption apply. (State CEQA Guidelines, § 15302.); and
RESOLUTION NO. 5271
PAGE 2
WHEREAS, if it is determined that there is a need to continue the emergency action, PCC
Section 22050 requires a four-fifths vote to authorize the continuation of the emergency
action.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande
that the emergency declared by the City Council on September 13, 2022 regarding
replacement of the generator at FCFA Station 1 shall be deemed to continue, that the
action is necessary to respond to the emergency, and there is substantial evidence in the
record the continued emergency will not permit a delay resulting from a competitive
solicitation of bids.
BE IT FURTHER RESOLVED, that the recitals are incorporated herein and the local
emergency shall be deemed to continue to exist until its termination is proclaimed by the
City Council.
On motion of Council Member Barneich, seconded by Council Member Guthrie, and on
the following roll call vote, to wit:
AYES: Council Members Barneich, Guthrie, Secrest, George, and Mayor Ray Russom
NOES: None
ABSENT: None
The foregoing Resolution was passed and adopted this 28th day of February, 2023.
RESOLUTION NO.5o1l 1
PAGE 3
f.'
CAREN RAY .. :OM, MAYOR
ATTEST:
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
1,,v . 0 4
WHITNEY 'DONALD, CITY MANAGER
APPROVED AS TO FORM:
)41--/
ISAAC OSEN, INTERIM CITY ATTORNEY
OFFICIAL CERTIFICATION
I, JESSICA MATSON, City Clerk of the City of Arroyo Grande, County of San Luis
Obispo, State of California, do hereby certify under penalty of perjury, that the attached
Resolution No. 5271 was passed and adopted at a regular meeting of the City Council
of the City of Arroyo Grande on the 28th day of February, 2023.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 7th day of
March, 2023.
•
JESSICA MATSON, CITY CLERK