Res 17-004RESOLUTION 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 Code 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 (415) 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.
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 (4/5) 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.
-5t-eve Vaus, Mayor
ATTEST:
Nancy Aeuf6ld, CMC, City Clerk
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
I-- .ywir:�z
Nan*NE el , CIVIC, City Clerk,
City of Poway
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 a.m.
Date and Time
Tina White
Director of Emergency Services