HomeMy WebLinkAboutCC RES 18-84RESOLUTION NO. 18-84
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
DECLARING THE NECESSITY OF THE IMMEDIATE EXPENDITURE OF
PUBLIC MONEY TO CONVERT CITY -OWNED STRUCTURES INTO SHELTER
FOR THE HOMELESS PURSUANT TO PUBLIC CONTRACT CODE § 20168;
AND DELEGATING AUTHORITY TO ORDER ACTION IN FURTHERANCE OF
SUCH CONVERSION PURSUANT TO PUBLIC CONTRACT CODE §
22050(b)(1))
The City Council of the City of Tustin finds:
WHEREAS, in enacting Public Contract Code § 20168, the members of the
California Legislature have recognized that general law cities are not required to comply
with the competitive bidding requirements set forth in the Public Contract Code when the
legislative body of such cities passes a resolution by a four-fifths vote of its members
declaring that the public interest and necessity demand the immediate expenditure of
public money to safeguard life, health, or property;
WHEREAS, the most recent Point in Time Count found that 69 persons within the
City of Tustin are homeless and living without shelter;
WHEREAS, the City of Tustin has found that the health and safety of unsheltered
persons in the City is threatened by a lack of shelter;
WHEREAS, the City has declared that a "shelter crisis" pursuant to Government
Code § 8698.2 exists in the City of Tustin and has authorized the City's participation in
the Homeless Emergency Aid Program set forth as part of SB 850 and the 2018-2019
Budget Act (Chapter 48, Statutes of 2018);
WHEREAS, as part of its participation in the Homeless Emergency Aid Program,
the City of Tustin intends to convert existing City -owned structures into shelter for
homeless individuals;
WHEREAS, the City of Tustin finds that the public interest and necessity of
converting City -owned structures into a homeless shelter demand the immediate
expenditure of public money to safeguard the life, health, or property of unsheltered
persons;
WHEREAS, the City of Tustin finds, based on substantial evidence, that the
emergency necessitating the conversion of City -owned structures into a homeless shelter
will not permit a delay resulting from a competitive solicitation for bids, and that such
conversion is necessary to respond to the emergency.
Resolution No. 18-84
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tustin
that 1) the public interest and necessity of converting City -owned structures into shelter
for homeless individuals demands the immediate expenditure of public money to
safeguard life, health, or property pursuant to Public Contract Code § 20168; and 2) the
authority to order action in furtherance of the conversion of City -owned structures to a
homeless shelter is delegated to the Public Works Director pursuant to Public Contract
Code § 22050(b)(1).
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin held on the 6th day of November, 'd Q
ATT ST:
ERI A —YASWA,
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Erica N. Yasuda, City Clerk and ex -officio Clerk of the City Council of the City of
Tustin, California, do hereby certify that the whole number of the members of the City
Council is five; that the above and foregoing Resolution No. 18-84 was duly and
regularly passed and adopted at a regular meeting of the City Council held on the 6th
day of November, 2018 by the following vote:
COUNCILMEMBER AYES: Murray, Gomez, Bernstein, Puckett, Clark (5)
COUNCILMEMBER NOES: (0)
COUNCILMEMBER ABSTAINED: (0)
COUNCILMEMBER ABSENT: (0)
I'
ERICA N. YA V
DA,
City Clerk
Resolution No. 18-84
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