HomeMy WebLinkAbout2005-03-15; City Council; Resolution 2005-0761
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EXHIBIT 3
RESOLUTION NO. 2005-076
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA CONFIRMING STAFF ACTIONS
AND WAIVING BIDDING PROCEDURES AS SET FORTH
IN CARLSBAD’S PURCHASING ORDINANCE SECTION
3.28.130; AND AUTHORIZING THE CITY MANAGER, OR
HIS DESIGNEE, TO PAY FOR ALL EQUIPMENT,
SERVICES AND SUPPLIES RELATED TO THIS
EMERGENCY ACTION
WHEREAS, the City of Carlsbad experienced damage to various areas of the City due to
heavy rainfall; and
WHEREAS, Public Contract Code Section 1102 defines an emergency as “a sudden,
unexpected occurrence that poses a clear and imminent danger, requiring immediate action to
prevent or mitigate the loss or impairment of life, health, property, or essential public services”;
and
WHEREAS, staff has determined that the damage to City property met the criteria for an
emergency as defined in Public Contract Code 1 102; and
WHEREAS, in the event of an emergency, Section 3.28.130 of the Carlsbad Municipal
Code gives the City Manager authority to declare a public emergency subject to confirmation by
the city council, by a four-fifths vote at its next regular meeting following the declaration of the
emergency. The City Manager is authorized to take action as required by the existence of said
emergency and procure any necessary equipment, services, and supplies, without adopting the
plans, specifications, or working details or giving notice of bids to let contracts.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, as
Follows:
1.
2.
That the above recitations are true and correct.
That the foregoing constituted an emergency situation requiring immediate action
which could not reasonably wait for the next regularly scheduled meeting of the City
Council of the City of Carlsbad and required that the City dispense with the formal
bidding process.
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3. That the City Manager is hereby authorized to have repaired and/or restored the
damage to all areas affected by storm activity at a total of all contract costs to be
determined once all procurement of equipment, services, and supplies by contract
have been completed.
4. That every fourteen days, the City Manager shall review with the City Council the
emergency actions taken to date.
5. That the City Manager is hereby authorized to appropriate Fifty Thousand Dollars
($50,000) to the Public Works Administration Operating Budget to cover the costs of
future emergency repair contract services.
6. This resolution shall take effect immediately upon its adoption.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Carlsbad City
:ouncil held on the 15th day of MARCH , 2005 by the following vote, to wit:
AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose
NOES: None
ATTEST
LORRAINE Ril. WOM, City Clerk
(SEAL)
EXHIBIT 2
DECLARATION OF LOCAL EMERGENCY
IN ORDER TO IMMEDIATELY PROCURE EQUIPMENT, SERVICES AND SUPPLIES
WHERAS, the City Council of the City of Carlsbad empowers the City Manager to proclaim
the existence of a local emergency when said City is affected by a public calamity and the City
Council is not in session; and
WHEREAS, the City Manager of the City Carlsbad, California does hereby find:
That conditions of extreme peril to the safety of persons and property have arisen within the
City of Carlsbad caused by torrential rain which began on the 7th day of January, 2005; and
That these conditions created unexpected occurrences that posed a clear and imminent danger
and required immediate action to prevent or mitigate the loss or impairment of life, health, property,
or essential public services, and are or are likely to be beyond the control of the services, personnel,
equipment and facilities of the City of Carlsbad; and
That these conditions did not permit a delay resulting fiom a competitive solicitation for bids,
and that the action is necessary to respond to the emergency; and
That the City Council of the City of Carlsbad was not in session and could not immediately
be called into session.
NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency now exists
throughout the City of Carlsbad, California; and
IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local
emergency, the powers, functions and duties of the emergency organization of the City of Carlsbad,
are those prescribed by state law, by ordinances and resolutions of the City of Carlsbad Emergency
Plan.
Ra*d R. Patihe%, &ty Manager
City oy Carlsbad, California