Res 99-007RESOLUTION NO. 99-007
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, the Public Contract code Section 20168 provides that in an emergency 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, the roofing structure and drop ceiling tiles located in the Bill Bond Hall of the
Weingart Senior Center have sustained extensive damage resulting in imminent danger to the
public and causing the City's Building Division Services Manager to restrict public use of the facility
until the sustained damage is repaired; and
WHEREAS, the Bill Bond Hall is used extensively by Poway senior citizens for luncheons,
classes, and social and fund-raising activities, the latter for the support of at least one-third of its
senior programs; and
WHEREAS, such dangerous condition and inability to use the Hall constitutes an
emergency within the terms of Public Contract Code Sections 20168 and 22050 which requires
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 this public facility.
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 structural roof and ceiling
tile damage in the Bill Bond Hall of the Weingart Senior Center, a public
facility; and
(b)
The continuing threat of further structural damage requires that the City be
able to expend public money to repair the aforesaid damages and in order to
protect seniors who would use the damaged Halt for their many activities or in
order to safeguard life, health or property; and
(c)
RESOLUTION NO.99-007
Page 2
The City Manager is authorized to order work for the repair or protection of
public facilities damaged or threatened by further damages to the extent
necessary to safeguard life, health, or property without complying with notice
or bidding procedures; and
(d)
Once such an 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.
This declaration of emergency and all subsequent declarations in connection
herewith shall require a four-fifths (4~5) vote of the City Council.
ATTEST:
'~JdAnn~'Peoples, ~ity ~Cle~k
PASSED, ADOPTED, AND APPROVED by the City Council of the City of Poway,
California at a regular meeting there~~y 1999.;
Robert C. Emery, Do~
STATE OF CALIFORNIA )
) ss
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. 99-007 was duly adopted by the City Council at a
meeting of said City Council held on the 2nd day of February, 1999, and that it was so adopted by
the following votes:
AYES:
EMERY, GOLDBY, HIGGINSON, REXFORD
NOES: NONE
ABSTAIN: NONE
ABSENT: CAFAGNA
L~rl Anne Peoples, City ~Clerk
City of Poway