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El Nino Plan, Urgency Ordinance, <br />Funding Authorization and Pre - Qualified <br />Vendors for Emergency Services <br />December 15, 2015 <br />Page 2 <br />The City Council is asked to adopt the proposed ordinance (Exhibit 2) updating the Municipal <br />Code. The ordinance will give the authority to the City Manager, followed by the Police Chief, <br />and then the OCFA Division Chief in charge in Santa Ana to declare an emergency; it will remove <br />the requirement for a Disaster Council; and the proposed ordinance will create efficiencies in the <br />City's emergency planning and response activities. <br />The proposed changes are intended to be an interim step in order to respond to El Nino. The <br />City's emergency planning staff will propose a more comprehensive ordinance as they update the <br />City's emergency plan. Given that El Nino storms may begin as soon as the end of December, <br />the City Council is asked to adopt the urgency ordinance as provided for in Section 415 of the <br />City Charter. <br />"Any ordinance declared by the City Council to be necessary as an emergency measure <br />for preserving the public peace, health, or safety, and containing a statement of the <br />reasons for its urgency, may be introduced and adopted at one and the same meeting if <br />passed by the affirmative votes of at least two- thirds (2/3) of the members of the council." <br />Section 415 — S.A. M. C. <br />For the reasons set forth in this report, staff recommends the urgency ordinance <br />The Public Works Agency, Parks, Recreation, and Community Services Agency, the Community <br />Development Agency, and Planning and Building Agency staff have all identified potential <br />impacts of atypical rain events resulting in large amounts of rainfall in concentrated periods of <br />time. Street flooding, tree emergencies, potential basement flooding in both public and private <br />buildings are possible. Staff has identified service contractors that may be needed to respond to <br />these rain and water related emergencies within the City. <br />The City's Municipal Code allows for the City Council to dispense with public bidding procedures <br />when it is in the City's best interests to protect health and safety, but this can only be done after <br />the declaration of an emergency. Recognizing that an El Nino type of emergency can be better <br />anticipated, staff and the City Attorney have prepared an alternative purchasing process involving <br />the pre - qualification of vendors for the City Manager to authorize expenditures in advance of and <br />related to El Nino event(s) for an amount not to exceed $250,000. <br />By approving the pre - qualified list of vendors the City Council will expedite the purchasing <br />process in the event of an El Nino emergency. The staff will be able to respond to situations prior <br />to the formal declaration of an emergency by engaging those on the approved list and with funds <br />authorized by the Council. The pre - qualified vendors will only be engaged to respond to El Nino <br />related emergencies and only up to the amount authorized by the City Council. <br />In the event that any expenditure exceeds the authorized amount, staff must follow the standard <br />emergency purchasing procedures. The pre - qualification alternative is offered to increase <br />efficiency and staff response time in the event of an El Nino emergency only. The list of <br />proposed contractors and vendors is set forth in Exhibit 3. <br />50A -2 <br />