2009/09/08 City Council Resolution 2009-91RESOLUTION NO. 2009-91
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING THE CITY ENGINEER TO TAKE EMERGENCY MEASURES TO
REPAIR THE COLLEGE TRUNK SEWER LINE, CITY PROJECT NO. 2009-02
WHEREAS, on April 14, 2009, the City Council adopted Resolution No. 2009 -35
amending the FY 2008 -09 Capital Improvements Project Budget to include a College Trunk
Sewer Repair Project, City Project No. 2009 -02 (the "Project ");
WHEREAS, on July 14, 2009, the City Council adopted Resolution No. 2009 -69
approving a professional services agreement with West Yost Associates to complete the Project;
WHEREAS, Resolution No. 2009 -35 also directed staff to undertake interim measures to
remedy a potentially hazardous condition of the sewer pipeline;
WHEREAS, in accordance with Resolution No. 2009 -35, the Public Works Department
lined the damaged sewer pipe with a cured -in -place pipe liner as a temporary fix,
WHEREAS, the Public Works Department recently and unexpectedly discovered that a
significant risk of failure of the sewer pipeline still remains;
WHEREAS, the current condition of the sewer pipeline and the risk of failure poses a
clear and imminent danger, requiring immediate action to prevent or mitigate the loss or
impairment of life, health, property and essential public services;
WHEREAS, the immediate repairs necessary to mitigate this hazard by encasing the
pipe in concrete and placing rip -rap immediately up and down stream of the encased pipe and
these repairs cannot be bid, designed or constructed before the rainy season begins;
WHEREAS, these emergency repairs are needed to properly protect the pipe, the sewer
treatment plant, and the surrounding environment;
WHEREAS, in accordance with California Public Code section 201168, the City
Council may pass a resolution by a four -fifths vote of its members in case of an emergency to
declare that the public interest and necessity demand the immediate expenditure of public money
to safeguard life, health, or property; and
WHEREAS, Rohnert Park Municipal Code section 3.04.120 authorizes the City to
dispense with its bidding procedures upon the circumstances outlined above.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Rohnert
Park finds that:
1. The above - referenced recitals are true and correct.
2. The potential for the failure of the sewer pipeline is an emergency that poses a clear and
imminent danger, requiring immediate action to prevent or mitigate the loss or
impairment of life, health, property, and essential public services.
3. Immediate action is necessary to respond to the emergency and prevent the possibility of
pipe failure.
4. Public interest and necessity demand the immediate expenditure of public money to
safeguard life, health, or property.
5. The nature of this emergency will not permit a delay resulting from a competitive
solicitation for bids, and immediate action is necessary to respond to the emergency.
6. The potential for the failure of the sewer pipeline is a situation which would result in an
unacceptable hazard to life, a significant loss of property, and significant economic
hardship if corrective action is not undertaken within a time period less than the normal
time required for formal bidding procedures and securing the necessary permits.
7. The emergency repairs are exempt from the requirements of CEQA under CEQA
Guidelines section 15269 as specific actions necessary to prevent or mitigate an
emergency that has a high risk of occurrence in the short-term.
BE IT FURTHER RESOLVED that the City Council delegates to the City Engineer the
authority to order repair of the sewer pipeline and to take any related and immediate action
necessary to effectuate the repair, including procuring the necessary equipment, services, and
supplies for those purposes, without adhering to the bidding or permitting requirements set forth
in state law and the Rohnert Park Municipal Code.
DULY AND REGULARLY ADOPTED this 8th day of September, 2009.
ATTEST: ®SLOxx_��nr pyR CITY OF ROHNERT PARK
1
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BELFORTE: AYE CALLINAN: AYE MACKENZIE: ABSENT STAFFORD: AYE BREEZE: AYE
AYES: (4) NOES: (0) ABSENT:. (1) ABSTAIN: (0)