HomeMy WebLinkAbout2023-17 CC ResolutionRESOLUTION 2023-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA, CALIFORNIA, DECLARING AN
EMERGENCY CONDITION AND DECLARING THAT THE
PUBLIC INTEREST AND NECESSITY REQUIRES
CERTAIN WORK TO BE PERFORMED WITHOUT
COMPETITIVE BIDDING PURSUANT TO PUBLIC
CONTRACT CODE SECTIONS 20168 AND 22050
THE CITY COUNCIL OF THE CITY OF TEMECULA HEREBY FINDS,
DETERMINES, AND ORDERS AS FOLLOWS:
Section 1. The City of Temecula has identified two locations where storm drains were
damaged and/or collapsed and need immediate repair as a result of the excessive rain event over
the weekend of February 25 and 26, 2023. The storm drains are located at 29600 Margarita Road
(Margarita Road and Courtney Place) and Santiago Road (near Santiago Road and Via Valencia).
The repairs are necessary immediately to avoid additional damage to the storm drains and road
and restore use of the road for the travelling public (one lane of Margarita Road is currently closed
to the travelling public).
Section 2. Due to the urgency of the matter, it is necessary for the City to enter into an
agreement and commence work immediately. The Public Works Department Director requested
an informal quote from Miko Mountain Lion Inc., to complete the necessary repairs. The City has
an "On -Call" Agreement with Miko Mountain Lion, Inc. for excavation, backfill and grading
maintenance services. Miko Mountain Lion, Inc has successfully worked on other storm drain
projects in the City. The Public Works Director reviewed the proposal received from Miko
Mountain Lion, Inc. and has determined the cost to be in line with industry standards. The repairs
are estimated to cost approximately $200,000 (Margarita Road approximately $50,000 and
Santiago Road approximately $150,000).
Section 3. Pursuant to Public Contract Code Sections 1102, 20168, and 22050, the City
Council hereby finds that an emergency situation exists and declares that the public interest and
necessity demand the immediate expenditure of public money for such repair work to safeguard
life, health, and property without complying with the competitive bidding requirements of the
Public Contract Code. The emergency will not permit a delay resulting from a competitive
solicitation for bids, and the action is necessary to respond to the emergency.
Section 4. The City Council hereby acknowledges that it must approve this resolution by a
four -fifths vote of the entire City Council. Furthermore, the City Council recognizes that it may
delegate the authority to order the actions necessary to carry out the required improvements to any
non -elected officer of the City. Furthermore, the City Council recognizes that this item must be
reviewed at every regularly scheduled meeting hereafter, until the project is completed, to ensure
that the need to continue the action continues to exist. If the emergency conditions allow, the action
shall be terminated so that the remainder of the project may be completed by giving notice for bids
to let contracts.
Section 5. The City Council hereby waives competitive bidding under Public Contract
Code Section 22050 and authorizes the City Manager to execute all necessary contracts and
documents with a qualified contractor(s) or vendor(s) for the emergency storm drain repair
projects, and take any directly related and immediate action required to repair, replace or mitigate
the damaged storm drains, and procure the necessary equipment, services, and supplies for those
purposes, without giving notice for bids to let contracts, in a combined amount not to exceed an
amount of Two Hundred Thousand Dollars ($200,000). Nothing herein restricts the authority of
the City Manager to enter into contracts pursuant to his existing authority under the applicable
ordinances and municipal code of the City of Temecula.
Section 6. The City Council hereby delegates to the City Engineer the authority to approve
plans, specifications and designs for the repair or replacement of the storm drains and associated
rights of way.
Section 7. The City Council hereby ratifies and affirms the actions of the City Manager
and City employees and contractors taken so far to repair or replace portions of the storm drains
and associated rights of way, any directly related and immediate action required to mitigate the
damaged roads, and procurement of the necessary equipment, services, and supplies for those
purposes.
Section 8. The City Manager shall agendize and report on the status of the emergency
circumstances at each and every regularly scheduled meeting of this Council until either the project
is completed, or the Council finds the emergency conditions have ceased.
Section 9. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula
this 28d' day of February, 2023.
ATTES .
andi JQhl ty Clerk
[SEAL]
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Zak Schwank, Mayor
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing
Resolution No. 2023-17 was duly and regularly adopted by the City Council of the City of
Temecula at a meeting thereof held on the 28th day of February, 2023, by the following vote:
AYES: 5 COUNCIL MEMBERS: Alexander, Brown, Kalfus, Schwank,
Stewart
NOES: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Randi Johl, City Clerk
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