R 5276 RESOLUTION NO. 5276
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE DETERMINING THAT EXECUTION OF
A CONTRACT FOR THE FCFA STATION 1 EMERGENCY
GENERATOR REPLACEMENT PROJECT, PW 2021-09,
HAS TERMINATED THE EMERGENCY ACTION
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, on March 20, 2023 the City entered into a contract with Electricraft, Inc. to
immediately replace the emergency generator, along with related equipment, and perform
the generator installation; and
WHEREAS, execution of the contract was necessary to respond to the emergency, and
there was substantial evidence in the record that the emergency action was necessary to
prevent the inability to rapidly respond to emergencies during a power outage, meaning
the circumstances of the emergency would not have permitted a delay resulting from a
competitive solicitation of bids; and
RESOLUTION NO. 5276
PAGE 2
WHEREAS, there are no additional contracts which the City must award in order to
respond to the emergency, and the City waits for the generator and associated equipment
to be delivered and installed; and
WHEREAS, if it is determined that execution of the contract for the emergency generator
replacement at FCFA Station 1 terminated the emergency action, PCC Section 22050
requires a four-fifths vote to terminate the emergency action.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande
that the emergency action declared by the City Council on September 13, 2022 regarding
replacement of the generator at FCFA Station 1 shall be deemed to have terminated now
that the City has executed a contract to procure the equipment for the emergency
generator replacement.
BE IT FURTHER RESOLVED, that the recitals are incorporated herein.
BE IT FURTHER RESOLVED, the termination 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.)
Further, the Resolution is not subject to the California Environmental Quality Act("CEQA")
pursuant to State CEQA Guidelines sections 15060(c)(2), 15061(b)(3), and 15378(b)(5).
The activity is not subject to CEQA because it will not result in a direct or reasonably
foreseeable physical change in the environment; and the activity is covered by the general
rule that CEQA applies only to projects which have the potential for causing a significant
effect on the environment. Where it can be seen with certainty that there is no possibility
that the activity may have a significant effect on the environment, the activity is not subject
to CEQA. This action merely recognizes that the emergency action has terminated when
the contract was awarded, and therefore has no potential to have any effect on the
environment.
On motion of Council Member Guthrie, seconded by Council Member Barneich, and by
the following roll call vote, to wit:
AYES: Council Members Guthrie, Bameich, Secrest, and Mayor Ray Russom
NOES: None
ABSENT: Council Member George
The foregoing Resolution was passed and adopted this 28th day of March, 2023.
RESOLUTION NO.5:17Cp
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CAR N RAYS SOM, MAYOR
ATTEST:
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
2,
WHITNE M( ONALD, CITY MANAGER
APPROVED AS TO FORM:
IS OS INTERIM CITY ATTORNEY
65501.0000141074062 1
1
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. 5276 was passed and adopted at a regular meeting of the City Council
of the City of Arroyo Grande on the 28th day of March, 2023.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 31st day of
March, 2023.
SSICA MATSON, CITY CLERK