HomeMy WebLinkAbout24439 RESOLUTION NO. 24439
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
DECLARING A LOCAL EMERGENCY PURSUANT TO SECTION 20168 OF
THE CALIFORNIA PUBLIC CONTRACT CODE, PALM SPRINGS MUNICIPAL
CODE SECTION 7.04.040, AND CITY CHARTER SECTION 300; AWARDING
A CONSTRUCTION CONTRACT TO D.W. JOHNSTON CONSTRUCTION,
INC., A CALIFORNIA CORPORATION, WITHOUT COMPETITIVE
SOLICITATION FOR BIDS PURSUANT TO SECTION 22050 OF THE
CALIFORNIA PUBLIC CONTRACT CODE, AS NECESSARY TO
IMMEDIATELY PRESERVE AND RESTORE THE CORNELIA WHITE
HOUSE; AND DETERMINING THAT THE PROJECT IS CATEGORICALLY
EXEMPT FROM CEQA.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. The City Council finds and declares as follows:
A. Pursuant to Public Contracts Code ("PCC") § 20168, the City Council may, upon
a four-fifths vote, declare that public interest and necessity demand the
immediate expenditure of public money to safeguard life, health, or property
because of an emergency.
B. In accordance with PCC §§ 20168 and 22050, the City Council 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.
C. Conditions of extreme peril to the safety of persons and property arose as a
result of the urgent deterioration of the Cornelia White House, originally
constructed in 1893 from wooden railroad ties, considered the second oldest
extant structure in Palm Springs, and designated a Class 1 Historic Site (HSPB
#4) in 1984.
D. Due to the continuing rot and deterioration of the existing wooden railroad ties
and other portions of the Cornelia White House, the City Council finds that there
is an imminent threat to public health and safety that requires immediate action.
E. In compliance with Section 7.04.040 "Emergencies: Procedures" of the Palm
Springs Municipal Code ("PSMC"), to protect public, health, safety and welfare,
to permit the continued operation of Cornelia White House, and to avoid danger
to life or property, the City Council hereby authorizes the preservation and
restoration of the Cornelia White House without adopting plans, specifications, or
working details or giving notice for bids to let contracts.
Resolution No. 24439
Page 2
F. The urgent deterioration of the Cornelia White House constitutes a sudden,
unexpected occurrence that poses a clear and imminent danger to the City
property, its citizens, and employees. This threat requires immediate action to
prevent or mitigate the loss or impairment of this essential historic structure and
to preserve City services.
G. Under such emergency conditions, the City Council finds that the delay resulting
from public bidding will cause further deterioration of the Cornelia White House,
prevent its immediate preservation and restoration, and imperil essential public
services.
SECTION 2. The City Council finds and determines that the project is exempt from
review under the California Environmental Quality Act, as amended,
Public Resources Code section 21000 et seq. ("CEQA") pursuant to
Section 15331 of the CEQA Guidelines (Class 31 Exemption — Historical
Resource Restoration/Rehabilitation) as the project involves the
maintenance, repair, stabilization, rehabilitation, restoration, preservation,
conservation or reconstruction of historical resources in a manner
consistent with the Secretary of the Interior's Standards for the Treatment
of Historic Properties with Guidelines for Preserving, Rehabilitating,
Restoring, and Reconstructing Historic Buildings.
SECTION 3. In light of the emergency described hereinabove in Section 1, the City
Council authorizes the City Manager to take all steps necessary to protect
public health, safety and welfare including, without limitation, awarding a
construction contract to D.W. Johnston, Inc., a California corporation, in
the amount of $332,319 in accordance with PCC § 22050 and PSMC
Chapter 7.04.040, and to incur such other expenditures reasonably
deemed necessary by the City Manager as related to the project.
SECTION 4. If any part of this Resolution or its application is deemed invalid by a court
of competent jurisdiction, the City Council intends that such invalidity will
not affect the effectiveness of the remaining provisions or applications
and, to this end, the provisions of this Resolution are severable.
SECTION 5. To the extent that any other resolution pertaining to the finding that an
emergency exists within the City is incorporated into this Resolution, it is
superseded in its entirety.
SECTION 6. This Resolution will become effective immediately upon adoption and
remain effective unless superseded by a subsequent resolution.
Resolution No. 24439
Page 3
ADOPTED this 6th day of June, 2018.
David H. Ready,
City Manager
A EST:
Ant ny J. jia, M C
y Clerk
CERTIFICATION
I, Anthony J. Mejia, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 24439 is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on June 6, 2018 by the following
vote:
AYES: Councilmembers Holstege, Kors, Middleton, Mayor Pro Tern Roberts, and
Mayor Moon
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have set my hand and affixed the official seal of the City of
Palm Springs, California, this ` o day of TUB_ 2� t
AhLhony J. i M Clerk
City of Palm Sp ings, California