Res 04-027
RESOLUTION NO, 04- 027
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY,
CALIFORNIA RESCINDING RESOLUTION 03-084 REGARDING EMERGENCY
SUSPENSION OF NOTICE AND BIDDING REQUIRMENTS
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, the City Council passed Resolution No. 03-084 on October
28, 2003, which declared the existence of an emergency within the City and
suspended notice and bidding requirements in connection with repairs required
by the Cedar Fire, which burned over 7,000 acres including 53 homes and one
business, 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; and
WHEREAS, the City of Poway expended $1,099,666.89 for necessary
repairs and erosion control measures under the emergency authorization.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. Appropriate emergency repairs were authorized by the City Manager in
accordance with Public Contract Code.
2. The required work to restore public facilities and provide for erosion
control necessitating the suspension of notice and bidding requirements
for the City of Poway, post Cedar Fire, have been completed,
3. Resolution No. 03-084 is hereby rescinded.
Resolution No. 04- 027
Page 2
PASSED, ADOPTED AND APPROVED by the City Council of the City of
Poway, State of California, this 4th day of May 2004.
ATTEST:
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STATE OF CALIFORNIA )
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COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under
penalty of perjury, that the foregoing Resolution No. 04- 027 , was duly
adopted by the City Council at a meeting of said City Council held on the 4th day
of May 2004, and that it was so adopted by the following vote:
AYES: EMERY, GOLDBY, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: HIGGINSON