Res 07-079
RESOLUTION NO. 07-079
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 WILDLAND FIRES, AND SUSPENDING NOTICE AND BIDDING
REQUIREMENTS IN CONNECTION WITH REPAIRS REQUIRED THEREBY
WHEREAS, the October 2007 wildland fire known as the 'Witch Fire" has burned .
at least 7,247 acres in the City of Poway, including an estimated 87 homes, leaving
many denuded slopes that may result in erosion, flooding, and damage to public roads,
drainage systems, and other public facilities within the City, creating a threat to public
health and safety; and
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; and
WHEREAS, on October 22, 2007, 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 Witch Fire; and
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; and ,
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 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 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.
Resolution No. 07-079
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 fire 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 fire 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 fire or threatened by such
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 25th day of October 2007.
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Michael P. Cafag
ATTEST:
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Resolution No. 07-079
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. 07-079 was duly adopted by the City
Council at a meeting of said City Council held on the 25th day of October 2007, and that
it was so adopted by the following vote:
AYES: BOYACK, EMERY, HIGGINSON, CAFAGNA
NOES: NONE
ABSENT: REXFORD
DISQUALIFIED: NONE
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