HomeMy WebLinkAbout24575RESOLUTION NO. 24575
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, DECLARING A LOCAL
EMERGENCY PURSUANT TO SECTION 20168 OF THE
CALIFORNIA PUBLIC CONTRACT CODE, PALM SPRINGS
MUNICIPAL CODE SECTION 7.04.040, AND CITY
CHARTER SECTION 300; AUTHORIZING THE CITY
MANAGER TO AWARD CONTRACTS AND ISSUE
PURCHASE ORDERS WITHOUT COMPETITIVE
SOLICITATION FOR BIDS PURSUANT TO SECTION 22050
OF THE CALIFORNIA PUBLIC CONTRACT CODE, AS
NECESSARY TO IMMEDIATELY AND EXPEDITIOUSLY
ADDRESS THE LOCAL EMERGENCY.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. The City Council finds and declares as follows:
A. Chapter 2.20 "Disaster Council" of the Palm Springs Municipal Code ("PSMC") was
established to provide for the preparation and carrying out of plans for the protection
of persons and property within the City of Palm Springs in the event of an emergency;
the direction of the emergency organization; and the coordination of the emergency
functions of the City of Palm Springs with all other public agencies, corporations,
organizations, and affected private persons.
B. Section 2.20.020 "Emergency defined" of the PSMC defines an "emergency" as the
actual or threatened existence of conditions of disaster or of extreme peril to the safety
of persons and property within this city caused by such conditions as air pollution, fire,
flood, storm, epidemic, riot or earthquake, or other conditions, including without
limitation conditions resulting from war or imminent threat of war, but other than
conditions resulting from a labor controversy, which conditions are or are likely to be
beyond the control of the services, personnel, equipment and facilities of this city,
requiring the combined forces of other political subdivisions to combat.
C. Section 2.20.050 "Director and coordinator of emergency services" of the PSMC
empowers the City Manager or his designee to request the city council to proclaim the
existence of a "local emergency" if the city council is in session, or to issue such
proclamation if the emergency is proclaimed by the director of emergency services;
request the Governor to proclaim a "state of emergency" when, in the opinion of the
director, the locally available resources are inadequate to cope with the emergency;
control and direct the effort of the emergency organization of the City of Palm Springs;
and to execute all of his ordinary power as city manager, all of the special powers
conferred upon him by the PSMC, or by resolution or emergency plan adopted by the
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City Council, all powers conferred upon him by any statute, by any agreement
approved by the city council, and by any other lawful authority.
D. Conditions of extreme peril to safety of persons and property have arisen within the
City of Palm Springs, caused by extreme weather conditions throughout the City
related to a major winter storm occurring on February 13-14, 2019, generating
significant rainfall resulting in major flooding throughout the City, and in particular
within the Whitewater River, Tahquitz Creek, and Palm Canyon Wash.
E. On February 14, 2019, the City Council was not in session, requiring the City Manager
to declare a local emergency related to the major flooding, based on the following
findings:
1) At the time of the declaration of a local emergency, the City Council was not in
session;
2) Conditions of imminent threat of impending emergency or disaster caused by
natural forces existed, posing extreme peril, loss of life, safety of persons and
property had arisen within the City caused by major flooding;
3) A local emergency existed due to an intense winter storm that delivered extreme
amounts of rainfall over the City and surrounding mountains, causing flooding, mud
and debris flows which in turn caused the evacuation of residents, road closures,
damage to property and critical infrastructure and necessitated the rescue of
residents to include swift water rescue, to protect their lives and safety;
4) The City has implemented emergency measures to protect the public by controlling
traffic, prohibiting ingress and egress into affected areas due to conditions
considered dangerous to lives and property;
5) The closures of major City streets were necessary within the City, as well as severe
damage to major City streets;
6) The storm related road closures have isolated or limited access to the Araby Cove
and Andreas Hills areas of the City;
7) The need necessitated the establishing of emergency facilities, such as the
activation of the City's Emergency Operations Center and sheltering of individuals;
and
8) The conditions of extreme peril warranted and necessitated the proclamation of a
Local Emergency.
F. On February 15, 2019, the City Manager assessed the condition of City roads and
facilities and determined that significant damage was caused by the Local Emergency,
and included the following:
1) Mud and debris flow and roadway damage on Indian Canyon Drive at the
Whitewater River;
2) Mud and debris flow and roadway damage on Gene Autry Trail at the Whitewater
River;
3) Mud and debris flow and roadway damage on Vista Chino at the Whitewater River;
4) Mud and debris flow and roadway damage on S. Palm Canyon Drive between
Bogert Trail and Murray Canyon Drive;
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5) Mud and debris flow and roadway damage on Araby Drive at the Palm Canyon
Wash;
6) Mud and debris flow and roadway damage on Rim Road at Palm Canyon Wash;
7) Mud and debris flow and roadway damage on Farrell Drive at Tahquitz Creek;
8) Mud and debris flow and roadway damage on El Cielo Road at Tahquitz Creek;
9) Mud and debris flow and roadway damage on Golf Club Drive at Tahquitz Creek;
10)Flooding and related damage to various buildings throughout the City.
11)Mud and debris flow and damage to the City's public golf courses (Legends Course
and Resort Course) located within Tahquitz Creek.
G. Pursuant to California Public Contract Code (PCC) § 20168, the City Council may,
upon a four -fifths vote, declare that public interest and necessity demand the
immediate expenditure of public money to safeguard life, health, or property because
of an emergency.
H. In accordance with PCC §§ 20168 and 22050, the City Council may repair or replace
a public facility, take any directly related and immediate action required by that
emergency, and procure the necessary equipment, services, and supplies for those
purposes, without giving notice for bids to let contracts.
Section 7.04.040 "Emergencies: Procedures" of the PSMC applies to services which
are governed by the PCC where a state of emergency is determined to exist. A state
of emergency exists when findings are determined by the city council which may
include but are not limited to, the states of emergency defined in Section 8558 of the
Government Code and as defined in PCC § 1102, and in conformance with the
provisions of PCC § 22050 when repair or replacements are necessary to permit the
continued conduct of the operation of services of the city, or to avoid danger to life or
property.
J. In accordance with Section 7.40.040 of the PSMC, where an emergency has been
determined, the City Manager may authorize the emergency procurement of supplies,
services, or construction items, regardless of the amount of the expenditure, when
there exists a threat to public health, welfare, or safety, provided that the emergency
procurement shall be made with such competition as is practicable under the
circumstances.
K. Pursuant to Section 7.04.040 of the PSMC, on February 15, 2019, the City Manager
did authorize the emergency procurement of services and construction to remove mud
and debris flows from various City roadways, initiate roadway reconstruction, and
commence with flooding remediation and renovations to various City buildings
affected by the February 14, 2019, flood.
L. On February 19, 2019, the Riverside County Director of Emergency Services did issue
a Proclamation of Local Emergency for Riverside County related to the
February 14, 2019, flood.
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M. On February 21, 2019, Governor Newsom issued a Proclamation of a State of
Emergency relating to the "atmospheric river system" that occurred in California
beginning on February 12, 2019, under the provisions of Government Code section
8558(b), found that the conditions caused by the winter storms, by reason of their
magnitude, are beyond the control of the services, personnel, equipment, and facilities
of any single local government and require the combined forces of a mutual air region
or regions, and declared a state of emergency to exit in various counties, including
Riverside County.
N. On February 26, 2019, the Riverside County Board of Supervisors adopted its
Resolution No. 2019-055 to ratify the proclamation of Local Emergency as declared
by the County's Director of Emergency Services.
0. The City's initial damage estimate related to the Local Emergency is $1,887,500 and
includes: (1) $150,000 for debris clearance; (2) $41,000 for emergency protective
measures; (3) $600,000 for road system repairs; (4) $16,000 for water control
facilities; (5) $65,500 for buildings and equipment; (6) $10,000 for public utility
systems; and (7) $1,005,000 for other repairs.
SECTION 2. The City Council hereby ratifies, affirms and declares the Local
Emergency referenced in Section 1 of this Resolution caused by the February 14, 2019,
flood that occurred within the City of Palm Springs and surrounding mountains.
SECTION 3. The City Manager shall take all steps necessary to protect public
health, safety and welfare including, without limitation, to execute any and all agreements
with qualified contractors, issue related Purchase Orders, and to execute any necessary
documents or service agreements to complete the emergency work related to reopening
City streets and repairing City buildings affected by the February 14, 2019, flood, or to
otherwise carry out the intent of this Resolution, in accordance with PCC § 22050 and
PSMC Section 7.04.040, and to incur and report such other expenditures reasonably
deemed necessary by the City Manager as related to the Project.
SECTION 4. If any part of this Resolution or its application is deemed invalid by a
court of competent jurisdiction, the City Council intends that such invalidity will not affect
the effectiveness of the remaining provisions or applications and, to this end, the
provisions of this Resolution are severable.
SECTION 5. This Resolution will become effective immediately upon adoption
and remain effective unless superseded by a subsequent resolution.
Resolution No. 24575
Page 5
ADOPTED THIS 6T" DAY OF MARCH, 2019.
VILY VI'Co I r%
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
CITY OF PALM SPRINGS)
David H. Ready, Esq., P .
City Manager
CERTIFICATION
SS.
I, Anthony J. Mejia, MMC, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 24575 is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on the 6tn day of March, 2019, by
the following vote:
AYES:
Councilmembers Holstege,
Mayor Moon
NOES:
None
ABSENT:
None
ABSTAIN:
None
Middleton, Roberts, Mayor Pro Tern Kors, and
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Springs, California, this � - ` day of 261 �
Lti
An(hony J. ejlia,
City Clerk