Res 05-005
RESOLUTION NO. 05- 005
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
Resolution No. 05-005
Page 2
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.
ATTEST:
L~~~~A
Resolution No. 05-005
Page 3
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- 005was 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: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSENT: NONE
DISQUALIFIED:
NONE
i/L/~ ~
L. DianQhea, City Clerk
City of Poway