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08-0520_BOUDREAU PIPELINE CONSTRUCTION_Reso No. 05-05-20-01 RESOLUTION NO. 08-05-20-0 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO WAIVE THE FORMAL BIDDING PROCESS AS AN EMERGENCY CONDITION, DECLARING THE NECESSITY THEREOF, AND AUTHORIZING STAFF TO PROCEED WITH EMERGENCY REPLACEMENT OF TRUNK SEWER PIPE LOCATED ALONG THE CITY'S EASTERLY PROPERY LINE, WHEREAS, Sections 20168 and 22050 of the Public Contracts Code provide that upon adoption by the City Council by a four-fifths vote of a resolution declaring that the public interest and necessity demand the immediate expenditure of public funds to safeguard life, health, or property in order to proceed with emergency work without notice for bids to let a contract for such emergency work; and, WHEREAS, the staff report accompanying this Resolution sets forth the facts supporting a finding that an. emergency exists relating to the condition of the City's sewer system requiring the replacement of existing trunk sewer line located adjacent to the City's easterly property line and that the public interest and necessity demand the immediate expenditure of funds to construct the necessary sewer to prevent sewer overflows and safeguard life, health or property; and WHEREAS, Section 22050 also provides that the resolution may delegate to the City Manager, the authority to order any action required by the emergency and to procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let the contracts. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, HEREBY RESOLVES, FINDS AND DETERMINES AS FOLLOWS: 1. That the public interest and necessity demand the immediate expenditure of public funds to safeguard life, health, or property in order to proceed with emergency work for the replacement of existing trunk sewer line located adjacent to the City's easterly property line. 2. That the emergency will not permit a delay that would result from a competitive solicitation for bids and that action is necessary to respond to the emergency related to the conditions of the sewer system requiring the replacement of the existing sewer pipe. Page 1 of 2 05-20-2008 3. That the City Manager is hereby authorized to order any action required to remedy the emergency relating to the condition of the sewer system and replacement of the sewer pipe and to procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts. PASSED, APPROVED, and ADOPTED this 20`h y o ay, 2008. e e JOE OTO, MAYOR ATTEST: ( ` MMR FRET R. MONAHAN, CITY CLERK i STATE OF CALIFORNIA COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano,do hereby certify that the foregoing Resolution No.08-05-20-01 was duly adopted by the City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 20th day of May 2008, by the following vote: AYES: COUNCIL MEMBERS: Allevato, Nielsen, Hribar, Uso and Mayor Soto NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: None MARGARET R. MONAHAN, City Clerk Page 2 of 2 05-20-2008