HomeMy WebLinkAbout022-2017RESOLUTION NO. 22-2017
DECLARING THAT THE PUBLIC INTEREST AND NECESSITY DEMAND THE
IMMEDIATE EXPENDITURE OF PUBLIC MONEY TO SAFEGUARD LIFE,
HEALTH, OR PROPERTY
WHEREAS, a series of major storm events that started on January 7, 2017 and continued
through February 14, 2017 caused the initiation of emergency construction contracts for
repairs to Town streets and facilities; and
WHEREAS, the series of storms resulted in 7.02 inches of rain in Danville over a 96 hour
period causing a storm event frequency of 9.2 years; and
WHEREAS, the design capacity for Danville's storm drainage system for tributary areas
less than 1 square mile is a 10 year storm event frequency leading to excessive rainfall
and damage to the Towns drainage system, streets, and facilities; and
WHEREAS, California Public Contract Code Section 20168 states that in case of an
emergency, the Town Council may pass a resolution by a four-fifths vote that the public
interest and necessity demand the immediate expenditure of public money to safeguard
life, health, or property; and
WHEREAS, California Public Contract Code Section 22050 states that a finding shall be
made, based on substantial evidence set forth in the minutes of its meeting, that the
emergency will not permit a delay resulting from a competitive solicitation for bids, and
that the action is necessary to respond to the emergency; and
WHEREAS, the Danville Town Council has appropriated funding in the Capital
Improvement Program for the Town -wide Storm Drain System Management, CIP No. A-
330 in the 2016/17 Capital Improvement Program; and
WHEREAS, the emergency projects are categorically exempt from the requirements of
the California Environmental Quality Act, Section 15301, Class 1; now, therefore, be it
RESOLVED, that the Danville Town Council makes the following finding based on the
information presented at this meeting describing the damage to the Town's storm drain
system, street system, and facilities and that the immediate need for the emergency
projects is paramount to safeguarding of life, health or property; and, be it further
RESOLVED, by the Danville Town Council, that the Town Manager or designee(s) be
hereby authorized to execute, on behalf of the Town, written contracts for emergency
projects and is authorized to use project CIP No. A-330 for work in connection therewith,
and the City Clerk is hereby directed to attest same and affix thereto the official seal of
the Town; and, be it further
RESOLVED, that staff may within five (5) days of the adoption of this resolution,
transmit an Extract of Public Works contract award to the Department of Industrial
Relations, Division of Apprenticeship Standards, P.O. Box 420603, San Francisco, CA
94142. (Note: Should a finding of any discrepancy regarding this ratio of apprentices to
journeymen be made, the Town shall notify the Division of Apprenticeship Standards of
such findings.)
APPROVED by the Danville Town Council at a regular meeting on March 7, 2017, by the
following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Arnerich, Blackwell, Morga~
None
None
None
APPROVED AS TO FORM:
CITY ATTORNEY
FAIN N■U.`s5
PAGE 2 OF RESOLUTION NO. 22-2017