HomeMy WebLinkAboutOrdinance - 2569 - Amend Title 4 ORDINANCE NO. 2569
AN ORDINANCE OF THE CITY OF REDDING AMENDING TITLE 4
(REVENUE AND FINANCE), CHAPTER 4.22 (PUBLIC PROJECTS), BY
AMENDING SECTION 4.22.120 (EMERGENCIES), RELATING TO
CONFORMING EMERGENCY DECLARATION PROCEDURES TO
CALIFORNIA LAW AND DELEGATING AUTHORITY TO DECLARE AN
EMERGENCY TO THE CITY MANAGER
THE CITY COUNCIL OF THE CITY OF REDDING DOES ORDAIN AS FOLLOWS:
Section 1. Title 4 (Revenue and Finance), Chapter 4.22 (Emergencies), Section 4.22.120
is amended to read as follows:
4.22.120 - Emergencies.
A. In cases of emergency when public interest and necessity demand the immediate expenditure
of public money to safeguard life, health or property, including but not limited to states of
local emergency defined in Government Code Section 8558, Public Contract Code Section
20168 or 22050, the City Council may make a finding that the emergency will not permit a
delay resulting from a competitive solicitation for bids and that immediate action is necessary
to respond to the emergency. Thereafter, the City Manager shall 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.
1. For purposes of considering an emergency pursuant to Public Contract Code Sections
20168 or 22050, a four-fifths vote of the City Council is required.
2. For purposes of considering a local emergency declared pursuant to Government
Code Section 8630, a majority vote of the members of the City Council is required.
B. Any work authorized pursuant to this Section may be done by force account, by contract, or
by a combination of the two.
C. Pursuant to Government Code Section 8630(a) and Public Contract Code Section 22050(b),
as amended from time to time, the City Manager is delegated the authority set forth in
subdivision A of this Section otherwise reserved to the City Council.
1. In the event the City Manager takes any action pursuant to this subdivision under the
authority provided in Public Contract Code Sections 20168 or 22050, a report of the
action shall be made to the City Council setting forth the reasons justifying why the
emergency will not permit a delay resulting from a competitive solicitation of bids
and why the action is necessary to respond to the emergency. The City Council shall
review the action not later than seven days after the action, or at the City Council's
next regularly scheduled meeting, and at every regularly scheduled meeting thereafter
until the action is terminated, to determine by a four-fifths vote whether there is a
need to continue the action. When the City Council reviews the emergency action, 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.
2. In the event the City Manager takes any action pursuant to this subdivision under the
authority provided in Government Code Section 8630(a), the local state of emergency
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shall not remain in effect for a period in excess of seven days unless it has been
ratified by the City Council. The City Manager shall make a report to the City
Council consistent with the provisions of subdivision (C)(1) of this Section within
seven days of declaring a state of emergency, and the City Council shall determine
whether to ratify the determination of the City Manager. Thereafter, the City Council
shall review the need for continuing the local emergency at least once every thirty
days until the City Council terminates the local emergency.
Section 2. Severability. If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason
held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or
enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or
phrases of this Ordinance, or its application to any person or circumstance. The City Council of the
City of Redding hereby declares that it would have adopted each section, subsection subdivision
paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other
sections, subsections subdivisions paragraphs, sentences, clauses or phrases hereof be declared
invalid or unenforceable.
Section 3. The City of Redding finds that this Ordinance is not a "project" according to
the definition set forth in the California Environmental Quality Act ("CEQA"), and, pursuant to
CEQA Guidelines sections 15060(c)(2) (the activity will not result in a direct or reasonably
foreseeable indirect physical change in the environment) and 15061(b)(3) (there is no possibility the
activity in question may have a significant effect on the environment), the adoption of this ordinance
is therefore not subject to the provisions requiring environmental review.
Section 4. This ordinance shall take effect thirty (30) days after the date of its adoption,and
the City Clerk shall certify to the adoption thereof and cause publication according to law.
I HEREBY CERTIFY that the foregoing ordinance was introduced and read by the City Council of
the City of Redding at a regular meeting on the 7th day of March, 2017, and was duly read and
adopted at a regular meeting on the 21st day of March, 2017,by the following vote:
AYES: COUNCIL MEMBERS: McElvain, Schreder, Sullivan, Winter, & Weaver
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
BRENT WEAVER,Mayor
ATTEST: FORM APPROVED:
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PAMELA MI T , City Clerk BARRY E. IWALT, City Attorney
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