HomeMy WebLinkAboutRDA Reso 12-2008
RESOLUTION NO. 12-2008
REDEVELOPMENT AGENCY, CITY OF SOUTH SAN FRANCISCO,
STATE OF CALIFORNIA
A RESOLUTION ADOPTING FINDINGS AND
AUTHORIZING EXECUTION OF A CONTRACT \i\TITH
IDEAL DRYING COMPANY FOR ABATEMENT WORK. IN
AGENCY -OWNED RESIDENTIAL UNITS
WHEREAS, the Redeveloplnent Agency of the City of South San Francisco ("Agency")
is a redevelopn1ent agency existing pursuant to the Con1Inunity Redeveloplnent Law, Califo111ia
Health and Safety Code Section 33000, et seq. (the "CRL"), and pursuant to the authority
granted thereunder, has the responsibility to cany out the Redevelopment Plan ("Redeveloplnent
Plan") for the Downtown Project Area (the "Project Area");
WHEREAS, the Agency is the owner of the residential propeliy located in the Project
Area at 714-718 Linden Avenue, 310A Miller Avenue, and 341 B Comn1ercial Avenue
(collectively, the "Property");
WHEREAS, the Propeliy has experienced dmnage froln water intrusion due to window
leaks and deteriorating siding and waste lines;
WHEREAS, repairs to the Property will require the temporary relocation of the
occupants, and the Agency has identified suitable ten1porary replacelnent housing;
WHEREAS, abateInent of the Property dmnage requires specialized expeIiise that is
provided by a liInited nUInber of cOlnpanies operating in the area;
WHEREAS, abaten1ent of the Property dmnage in an expeditious n1am1er is necessary in
order to alleviate and avoid public health and safety hazards;
WHEREAS, in order to expeditiously cOlnplete repair work, ameliorate tenant health and
safety COnCe111S and minin1ize tenant displacement, it is necessary to award a contract for the
repair and abateInent work on an expedited basis;
WHEREAS, COInInon law recognizes an exception to competitive bidding requiren1ents
when the nature of a contract or proj ect is such that cOInpetitive proposals would be unavailing
or would not produce a public advantage, thereby rendering advertisement for cOInpetitive
bidding undesirable, impractical or iInpossible (see Graydon v. Pasadena Redevelopment Agency
(1980) 104 Cal. App. 3d 631,635,636);
WHEREAS, in addition to the foregoing con1ffion law exception, Public Contract Code
Sections 20168 and 22050 pern1it a public agency to forego formal competitive bidding
requirements if the governing body adopts a resolution by a four-fifths vote declaring that the
public interest and necessity demand immediate expenditures of public funds to safeguard life,
health or property following adoption of findings based on substantial evidence that action is
necessary to respond to an en1ergency that will not permit a delay resulting from competitive
bidding.
FINDINGS
WHEREAS, the Redevelopment Agency of the City of South San Francisco hereby finds
as follows:
A. The evidence set forth in this resolution, the accolnpanying staff report, and recorded in
the n1eeting n1inutes establish that the need to abate hazardous conditions at the Propeliy does
not pe1111it the delay that would result frOln the competitive solicitation of bids for the work
described above, and that such work is necessary to respond to eInergency conditions relating to
the Property; and
B. Entering into a negotiated contract with a qualified contractor, rather than soliciting
competitive proposals, will allow the Agency to iInInediately address the public health and safety
COnCe111S posed by the conditions at the Property and will enable the Agency to Ininimize
hardship for and displacen1ent of the existing tenants.
NOW, THEREFORE, BE IT RESOLVED by the Redevelopn1ent Agency of the
City of South San Francisco that it hereby:
1. Finds that the foregoing recitals are true and conect, and the findings set forth herein are
declared to be findings of the Redeveloplnent Agency of the City of South San Francisco.
2. Finds that award of a contract for abaten1ent and repair work at the Propeliy is exeInpt
from competitive bidding requirements pursuant to California Public Contract Code Section
22050 and the established con1mon-Iaw doctrine articulated in the case of Graydon v. Pasadena
Redevelopment Agency (1980) 104 Cal.App.3d 631.
3. Approves the award of a contract to Ideal Drying in an mnount not to exceed
Forty- Three Thousand Five Hundred Sixty Dollars ($43,560) for abateInent and repair
work at the Property.
4. Authorizes the Executive Director of the Agency (or his designee) to: (i) execute
a contract substantially in the form of the Agency's standard contract for public
improvelnent work with such modifications approved by the Executive Director and
Agency Counsel, and (ii) to sign all documents and take all actions necessary or
appropriate to cany out and implelnent the intent of this Resolution.
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I hereby ceIiify that the foregoing Resolution was regularly introduced and
adopted by the Redevelopment Agency of the City of South San Francisco at a special
n1eeting held on the 25th day of June 2008 by the following vote:
AYES:
Boardn1eInbers Mark N. Addiego, Richard A. Garbarino and I(evin Mullin,
Vice Chair Karvl MatsuInoto and Chair Pedro Gonzalez
NOES:
ABSTAIN:
ABSENT: None
ATTEST: