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HomeMy WebLinkAbout05-004 CC Resolution I I I RESOLUTION NO. 05-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RATIFYING EMERGENCY EXPENDITURES FOR THE RESTORATION OF PORTIONS OF THE COMMUNITY THEATER AND CHILDREN'S MUSEUM SITES CAUSED BY STORM WATER AND AUTHORIZING EXPENDITURES FOR THE IMMEDIATE CONSTRUCTION OF IMPROVEMENTS TO THE SITE TO PREVENT FURTHER DAMAGE DURING THE RAINY SEASON THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE AS FOllOWS: Section 1. declares that: The City Council of the City of Temecula hereby finds, determines and a. Due to the extraordinary storm activity during the period of December 27, 2004 through December 31, 2004, Murrieta Creek has experienced significant erosion along the portion of the embankment adjacent to the Community Theater and Children's Museum sites (collectively the "Site"). Additionally, weather reports indicated that extraordinary storms were predicted for the period of January 6,2005 through January 10, 2005, and were likely to create maximum flows and significant erosion in the Murrieta Creek banks adjoining the Site unless the required repairs are made. Without immediate repair of this embankment, the anticipated additional storms will cause significant damage to the Site and could significantly damage the Theater and Museum buildings and structures located on the Site. Therefore, it is necessary to provide immediate emergency repairs to the embankment to provide protection from further erosion and property damage. b. The estimate of the cost of the emergency work to provide labor, equipment and materials to immediately install one-ton rock slope protection along the damaged embankment at the Site is $125,000.00. c. In addition, due to the eminent danger of further erosion and potential damage to the Site and the buildings thereon, the Director of Public Works directed the contractor for the Theater project to take necessary precautions to redirect the low flow of Murrieta Creek away from the problem area by removing silt deposited within the channel. The emergency work performed by the theater contractor is estimated to cost $10,000. d Based on the findings set forth above, the City Council of the Temecula hereby finds and determines that embankment repair and fortification work described above must be immediately undertaken in order to avoid further damage to the Site and the buildings thereon, and is necessary for the protection of the public health, safety and general welfare. Based on the findings set forth above, the work proposed constitutes emergency work in accordance with Public Contract Code Section 22050. This emergency and the anticipated remaining effects of the rainy season will not permit the delay resulting from a competitive solicitation for bids and that this action is necessary in order to respond to the emergency. e. The City of Temecula further finds and. determines that, based upon the findings set forth above, full compliance with the otherwise applicable requirements of the Public Contracts Code would be unavailing, would not produce an advantage for the City, and would thus be undesirable, impractical, and impossible. The City's authority to proceed with the R:/Resos 2005/Resos 05-04 I I I embankment work in this manner was well established in Graydon v. Pasadena Redevelopment Agency et al. (1980) 104 Cal. App. 2"d 631 and the cases cited therein. Section 2. Based on the findings set forth above, the actions approved by this Resolution are exempt from the application of the California Environmental Quality Act ("CEQA") by virtue of the categorical and statutory exemptions set forth in the following sections of the CEQA Guidelines (14 Cal. Code Regs.): Section 15301 (repair of existing facilities); Section 15302 (replacement of existing structures); Section 15304 (minor alterations to land); and Section 15269 (emergency projects). Section 3. The City Council of the City of Temecula, pursuant to the findings and authorities cited above, hereby approves that certain Agreement between the City and Road Builders, Inc., for the emergency embankment work along Murrieta Creek at the Community Theater and Children's Museum Sites and authorizes the City Manager to execute the Agreement in substantially the form submitted to the City. The City Council hereby ratifies the actions taken by the City Manger and Director of Public Works in the emergency work taken to repair the embankments adjoining the Site and to protect the Site from further storm damage. Section 4. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 11th day of January, 2005. ATTEST: Susan W ones, CMC City Cler R:/Resas 2005/Resas 05-04 2 I I I STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 05-04 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 11'0 day of January, 2005 by the following vote: AYES: NOES: ABSENT: ABSTAIN: 4 COUNCILMEMBERS: Naggar, Roberts, Washington, Comerchero o COUNCILMEMBERS: None o COUNCILMEMBERS: None o COUNCILMEMBERS: None Susan W. J nes, CMC City Clerk R:/ResQS 2005/Resos 05-04 3