Res 05-008
RESOLUTION NO. 05- 008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY CALIFORNIA
RESCINDING RESOLUTION 05-005 REGARDING EMERGENCY SUSPENSION OF
NOTICE AND BIDDING REQUIREMENTS
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 05-005 on January 18, 2005,
which declared the existence of an emergency within the City and suspended notice
and bidding requirements in connection with repairs required due to damage from
recent rains, including erosion, flooding, and damage to public roads, drainage
systems, and other public facilities within the City which may 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; and
WHEREAS, the City of Poway expended $23,080.00 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 have been completed.
2. Resolution No. 05-005 is hereby rescinded.
Resolution No. 05- 008
Page
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway
at a regular meeting this 1st day of February, 2005.
'zxf0
ATTEST:
~" 'Jn~~/-
L. Di ne Shea, City Clerk .
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. 05-008 was duly adopted by the City
Council at a meeting of said City Council held on the 1st day of February, 2005, and
that it was so adopted by the following vote:
AYES:
BOYACK, EMERY, HIGGINSO~, REXFORD, CAFAGNA
NOES:
NONE
ABSENT:
NONE
DISQUALIFIED:
NONE
l ^'kz j
~, t2~v ~~~
L. Dia e Shea, City Clerk
City of Poway