Item 0 - Emergency Bid - Sewage Line
AGENDA REPORT SUMMARY
LIMITED DISTRIBUTION: JANUARY 18. 2005
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TO:
FROM:
Honorable Mayor and Members of the City Council
James L. Bowersox, City Manager/Executive Dir~
Niall Fritz, Director of Development Services ~
INITIATED BY:
DATE:
January 18, 2005
SUBJECT:
Resolution Finding and Declaring the Existence of an Emergency Within the City
of Poway and Waiving the Notice and Bidding Requirements In Connection With
Repairs Required Thereby
ABSTRACT
During the last rainstorm, significant damage to the new earthen channel next to Community Road
occurred in an area where a sewer line crosses the channel, at about the midpoint of the new channel
work. Both Development Services and Public Works staff feel that this poses an imminent potential
for the sewer line to break and dump raw sewage into the creek.
After meeting with the Regional Water Quality Board and Army Corps of Engineers staff last week,
they also agreed that something needed to be done to protect the sewer line. They have
approved emergency permits to allow the repairs that are needed.
ENVIRONMENTAL REVIEW
This item is not subject to CEQA review.
FISCAL IMPACT
The fiscal impact is estimated to be about $30,000. This is in line with prices received last summer for
this work which the agencies wouldn't permit at that time. There are adequate reserves in the
Community Road Widening Project (#1280) budget to cover the cost of the estimated work. Budget
adjustments will be finalized prior to the completion of the current fiscal year. Under the State Public
Contract Code, staff is required to report back to the City Council on the expenditures and to review
the need to continue the emergency authorization.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
None.
RECOMMENDATION
It is recommended that the City Council to approve the attached resolution authorizing the City
Manager to make necessary emergency repairs to protect the public health and welfare of the City
and suspending the notice and bidding requirements.
ACTION
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January 18, 2005 Item #
CITY OF POWAY
AGENDA REPORT
This report is included on the Consent Calendar. There will be no separate discussion of the report prior to approval by the City Council unless members
of the Council, staff or public request it to be removed from the Consent Calendar and discussed separately. If you wish to have this report pulled for
discussion, please fill out a slip indicating the report number and give it to the City Clerk prior to the beginning of the City Council meeting.
SUPPLEMENTAL
TO:
FROM:
Honorable Mayor and Members of the City Council
James L. Bowersox, City Manager/Executive Dire~
Niall Fritz, Director of Development Services J.P
Javid Siminou, City Engineer L
J. Bradley Kutzner, Assistant City Enginee~
January 18, 2005
INITIATED BY:
DATE:
SUBJECT:
Resolution Finding and Declaring the Existence of an Emergency
Within the City of Poway and Waiving the Notice and Bidding
Requirements In Connection With Repairs Required Thereby
BACKGROUND
During the last rainstorm, significant damage to the earthen channel next to Community
Road occurred in an area where a sewer line crosses the channel, at about the midpoint of
the new channel work. Both Development Services and Public Works staff feel that this
poses an imminent potential for the sewer line to break and dump raw sewage into the
creek.
After meeting with the Regional Water Quality Board and Army Corps of Engineers staff
last week, they also agreed that something needed to be done to protect the sewer line.
They have approved emergency permits to allow the repairs that are needed.
ENVIRONMENTAL REVIEW
This item is not subject to CEQA review.
FISCAL IMPACT
The fiscal impact is estimated to be about $30,000. This is in line with prices received
last summer for this work which the agencies wouldn't permit at that time. There are
adequate reserves in the Community Road Widening Project (#1280) budget to cover
the cost of the estimated work, Budget adjustments will be finalized prior to the
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January 18, 2005 Item #
Agenda Report
January 18, 2005
Page 2
completion of the current fiscal year. Under the State Public Contract Code, staff is
required to report back to the City Council on the expenditures and to review the need
to continue the emergency authorization.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
None.
RECOMMENDATION
It is recommended that the City Council approve the attached resolution authorizing the
City Manager to make necessary emergency repairs to protect the public health and
welfare of the City and suspending the notice and bidding requirements.
JLB:NF:JS:JBK:vm
M:\engserv\cip\Agenda Reports\2005 Reports\1280 Erner Channel Work\011805 Community Rd Erner Work_Rpt.doc
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January 18, 2005 Item #
RESOLUTION NO. 05-
A RESOLUTION OF THE CITY OF POWAY CALIFORNIA
FINDING AND DECLARING THE EXISTENCE OF AN EMERGENCY WITHIN THE
CITY AND SUSPENDING NOTICE AND BIDDING REQUIREMENTS IN
CONNECTION WITH REPAIRS REQUIRED THEREBY
WHEREAS, Public Contract Code Section 20168 provides that the City Coucil
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; and
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; and
WHEREAS, if such expenditure is ordered, the City Council shall review the
emergency action every 14 days if there is a need to continue the action or if the
declaration of emergency may be terminated; and
WHEREAS, flooding from recent rains have resulted in erosion, flooding, and
damage to public roads, drainage systems, and other public facilities within the City
which worsen with each successive storm and threaten the public health and safety;
and
WHEREAS, such 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.
NOW, THEREFORE, BE IT RESOLVED, THAT:
1. Pursuant to Public Contract Code Section 20168, the City Council finds and
declares that:
(a) An emergency exists within the City as the result of erosion damage to
public facilities; and
(b) The continuing threat of additional flooding requires that the City be able
to expend public money to repair and protect damaged public facilities
threatened by erosion in order in order to safeguard life, health, or
property; and
(c) The City Manager is authorized to order work for the temporary repair or
protection of public facilities damaged by or threatened by such erosive
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Attachment A
January 18, 2005 Item #
Resolution No.
Page
forces if and to the extent necessary to safeguard life, health, or property
without complying with notice or bidding procedures; and
(d) Once such expenditure is made, the City Manager shall report the
conditions to the City Council in not more than 14 days at which time the
City Council, by minute order, shall either continue the emergency action
or shall declare the emergency ended.
2. This declaration of emergency and all subsequent declarations in connection
herewith shall require a four-fifths (4/5) vote of the City Coucil.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway
at a regular meeting this 18th day of January, 2005.
Michael P. Cafagna, Mayor
ATTEST:
L. Diane Shea, City Clerk
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January 18, 2005 Item #
Resolution No.
Page
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO)
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify under penalty
of perjury that the foregoing Resolution No. 05- was duly adopted by the City Council
at a meeting of said City Council held on the 18th day of January, 2005, and that it was
so adopted by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
L. Diane Shea, City Clerk
City of Poway
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January 18, 2005 Item #