(a) In accordance with Cal. Pub. Contract Code §§ 22050 et seq., in cases of emergency when repair or replacements are necessary, the City Council, pursuant to a four-fifths vote of the City Council, may proceed at once to replace or repair any public facility without adopting plans, specifications, strain sheets, or working details, or giving notice for bids to let contracts. Before the City Council takes any action pursuant to this subdivision (a), it shall make a finding, based on substantial evidence set forth in the minutes of its meeting, that the emergency will not permit a delay resulting from a competitive solicitation for bids, and that the action is necessary to respond to the emergency.
(b) Pursuant to Cal. Pub. Contract Code § 22050, Subdivision (b)(1), the City Council hereby delegates to the City Manager or his/her designee, the authority to 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.
(c) If the City Manager or his/her designee orders any action specified in subdivision (a), that person shall report to the City Council, at its next meeting required pursuant to this section, the reasons justifying why the emergency will not permit a delay resulting from a competitive solicitation for bids and why the action is necessary to respond to the emergency.
(d) (1) If the City Council orders any action specified in subdivision (a), the City Council shall review the emergency action at its next regularly scheduled meeting and, except as specified below, at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four-fifths vote, that there is a need to continue the action.
(2) If the City Manager or his/her designee orders any action specified in subdivision (a), the City Council shall initially review the emergency action not later than seven days after the action, or at its next regularly scheduled meeting if that meeting will occur not later than 14 days after the action, and at least at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four-fifths vote, that there is a need to continue the action, unless the City Manager or his/her designee has terminated that action prior to the City Council reviewing the emergency action and making a determination pursuant to this subdivision.
(3) When the City Council reviews the emergency action pursuant to subdivision (1) or (2), it shall terminate the 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.
(§ 3, Ord. 3054, eff. August 18, 2016)