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HomeMy WebLinkAbout2005-03-15; City Council; Resolution 2005-0761 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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