Res 03-084 RESOLUTION NO. 03-084
A RESOLUTION OF THE CITY COUNCIL 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 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; 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 to determine if there is a need to continue the action or
if the declaration of emergency may be terminated; and
WHEREAS, wild land fires have burned 4,000 acres including an estimated 41
homes and the denuded slopes may result 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 fire and potential 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 fire 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 fire damaged
public facilities threatened by erosion 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 fire or threatened
by such erosive forces if and to the extent necessary to safeguard
life, health, or property without complying with notice or bidding
procedures; and
Resolution No. 03-084
Page 2
(d) Once such expenditure is made, the City Manager shall report the
conditions to the City Council every 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
Council.
PASSED, ADOPTED, AND APPROVED by the City Council of the City of Poway,
California, at a regular meeting thereof, this 28th day of October 2003.
Michael P. Mayor
ATTEST:
LorilAnne Peoples, City (~rk
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify under the
penalty of perjury, that the foregoing Resolution No. 03-084 , was duly adopted by the
City Council at a meeting of said City Council held on the 28th day of October 2003, and
that it was so adopted by the following vote:
AYES: EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: GOLDBY
Lo i Anne Peoples, City Cllerk
ClOt! of Poway