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Item 1.6 - Report of Emergency Repair Expenditures Pertaining to the 2017 Winter Storm Event(E) City of Poway COUNCIL AGENDA REPORT APPROVED APPROVED AS AMENDED ❑ (SEE MINUTES) DENIED ❑ REMOVED ❑ CONTINUED RESOLUTION NO. DATE: September 19, 2017 TO: Honorable Mayor and Members of the City Council FROM: Robert Manis, Director of Development Services�(� CONTACT: Robert Manis, Director of Development Services (858) 668-4601 or bmanis@poway.org Peter Moote, Acting Director of Financ�� (858) 668-4414 or pmoote@poway.org SUBJECT: Report of Emergency Repair Expenditures Pertaining to the 2017 Winter Storm Event Made Under Authority of Resolution No. 17-004 Adopted on January 24, 2017 Summary: On January 24, 2017, the Poway City Council adopted Resolution No. 17-004, which declared an emergency within the City of Poway, and suspended the notice and bidding requirements in connection with emergency repairs due to the 2017 Winter Storm Event. Significant winter storms occurred on January 20 and February 27. Upon adoption of the resolution, the City Manager may expend any sum required during the emergency, and report the same to the City Council in accordance with Public Contract Code Section 22050. As required, the City Council will review all emergency expenditures at every regular meeting to determine if there is a need to continue the action, or if the declaration of emergency may be terminated. Recommended Action: It is recommended that the City Council continue the authorization for the City Manager to make necessary emergency repairs to protect the public health and welfare of the City. Discussion: All expenditures attributed to the 2017 Winter Storm Event exclude standard labor costs. The expenditures include totals for both the January 20 and February 27 storms, unless otherwise specified. Current Expenditures No current expenditures have been reported. Expenditures to Date $18,999 has been spent on miscellaneous items, including field supplies. $38,881 has been spent on overtime labor. 1 of 6 September 19, 2017, Item #1.6 Emergency Expenditures Update September 19, 2017 Page 2 $350 has been spent for equipment rental. $16,891 has been spent on facility repairs. $2,719 has been spent on water and sewer line repairs. $1,620 has been spent on street sweeping. $48,621 has been spent on tree removal. $195,845 has been spent on drainage structure repairs. $720 has been spent on repairs at Lake Poway. $1,200 has been spent on fencing. $2,046 has been spent on engineering consultation for Poway Grade. Under the authorization of Resolution 17-004, $327,892 has been expended to date. The next expenditures update is scheduled for the October 3, 2017, City Council Meeting. Environmental Review: This action is not subject to CEQA review. Fiscal Impact: The fiscal impact is unknown at this time. Budget adjustments will be finalized prior to the completion of the 2016-2017 fiscal year. Under the State Public Contract Code, staff is required to report back to the City Council at every regular meeting on the expenditures and to review the need to continue the emergency authorization. Public Notification: None. Attachments: A. Resolution No. 17-004 Reviewed/Approved By: Wendy Kaserman Assistant City Manager Reviewed By: Approved By: Morgan Foley City Attorney Tina M. White City Manager �titi:r<- 2 of 6 September 19, 2017, Item #1.6 RESOLUTION NO. 17-004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, FINDING AND DECLARING THE EXISTENCE OF AN EMERGENCY WITHIN THE CITY DUE TO A WINTER STORM EVENT, AND SUSPENDING NOTICE AND BIDDING REQUIREMENTS IN CONNECTION WITH REPAIRS REQUIRED THEREBY WHEREAS, the Winter Storm Event in the City of Poway, commencing on or about January 20, 2017 that resulted in erosion, flooding, and damage to public roads, drainage systems, and other public facilities within the City, created a threat to public health and safety; WHEREAS, Government Code section 8630 and Poway Municipal Code (PMC) Section 2,12.060 empower the City Manager, acting as the Director of Emergency Services, to proclaim the existence of a local emergency when the City is affected by a public calamity, and the City Council is not in session; WHEREAS, on January 20, 2017, the City Manager, acting pursuant to Government Cade section 8630 and PMC section 2.12.060, proclaimed the existence of a local emergency based on conditions of extreme peril to the safety of persons and property caused by the Winter Storm Event, attached hereto as Exhibit "A"; WHEREAS, the City Council is required by Government Code section 8630 and PMC section 2.12.065 to ratify the existence of a local emergency within seven (7) days of a Proclamation of Local Emergency by the City Manager; WHEREAS, Public Contract Code Section 20168 provides that the City Council may pass by four-fifths (4/5) vote, a resolution declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property; WHEREAS, upon adoption of such resolution, the City Manager may expend any sum required in the emergency and report the same to the City Council in accordance with Public Contract Code Section 22050; WHEREAS, if such expenditure is ordered, the City Council shall review the emergency action at each regular meeting, to determine if there is a need to continue the action or if the Proclamation of Local Emergency may be terminated; and WHEREAS, such storm, wind, flood and erosion damage constitute an emergency within the terms of Public Contract Code Sections 20168 and 22050 which requires that the City Manager be able to act quickly and without complying with the notice and bidding procedures of the Public Contract Code to repair and protect such public facilities. 3 of 6 ATTACHMENT A September 19, 2017, Item #1.6 Resolution No. 17-004 Page 2 NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Poway hereby finds and declares: 1. An emergency exists within the City as the result of storm, wind, flood and erosion damage to public facilities; and (a) The continuing threat of erosion and flooding requires that the City be able to expend public money to repair and protect storm -damaged public facilities in order to safeguard life, health, or property; and (b) The City Manager is authorized to order work for the temporary repair or protection of public facilities damaged by flooding and wind or threatened by erosion, if and to the extent necessary, to safeguard life, health, or property without complying with notice or bidding procedures; and (c) Once such expenditure is made, the City Manager shall report the conditions to the City Council at each regular meeting, at which time the City Council shall either continue the emergency action or shall declare the emergency ended. 2. This Proclamation of Local Emergency and all subsequent resolutions in connection herewith shall require a four-fifths (415) vote of the City Council. PASSED, ADOPTED, AND APPROVED by the City Council of the City of Poway. California, at a regular meeting thereof, this 24th day of January 2017. C� leve Vaus, Mayor ATTEST: Zr_ f6Nancy Neu tsld, CMC, City Clerk 4 of 6 September 19, 2017, Item #1.6 Resolution No. 17-004 Page 3 STATE OF CALIFORNIA ) )SS COUNTY OF SAN DIEGO) I, Nancy Neufeld, City Clerk, of the City of Poway, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 17-004 was duly adopted by the City Council at a meeting of said City Council held on the 24th of January 2017, and that it was so adopted by the following vote: AYES: CUNNINGHAM, GROSCH, MULLIN, LEONARD, VAUS NOES: NONE ABSENT: NONE DISQUALIFIED: NONE �/ Gl Nancy et fel , CMC, City Clerk, City of Poway 5 of 6 September 19, 2017, Item #1.6 Exhibit A PROCLAMATION OF LOCAL EMERGENCY WHEREAS, section 2.12.060 of the Poway Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity and the City Council is not in session; and WHEREAS, the City Manager, as Director of Emergency Services of the City of Poway, does hereby find that conditions of extreme peril to the safety of persons and property have arisen within the City of Poway, caused by a winter storm event commencing on or about 1:00 p.m. on the day of January 20, 2017; and WHEREAS, that the City Council of the City of Poway is not in session and cannot immediately be called into session; and WHEREAS, this Proclamation of Local Emergency will be ratified by the City Council within seven days of being issued. NOW, THEREFORE, IT IS HEREBY PROCLAIMED by the Director of Emergency Services for the City of Poway, that a local emergency now exists throughout the City and that said local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council; and IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency the powers, functions, and duties of the emergency organization of this City shall be those prescribed by state law, ordinances, and resolutions of this City, and by the City of Poway Emergency Plan; and IT IS FURTHER PROCLAIMED AND ORDERED that a copy of this Proclamation of Local Emergency be forwarded to the State Director of the Governor's Office of Emergency Services with a request that; 1. The State Director find the Proclamation of Local Emergency acceptable in accordance with provisions of the California Disaster Assistance Act; and that 2. The State Director forward this Proclamation, and request for a State Proclamation of Emergency, to the Governor of California for consideration and action. PASSED AND ADOPTED by the Director of Emergency Services for the City of Poway this 20th day of January, 2017, January 20, 2017 at 1:00 p.m. A<� I�✓�C Date and Time Tina White Director of Emergency Services 6 of 6 September 19, 2017, Item #1.6