RESOLUTION NO. R-2022-007
W100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,
CALIFORNIA TERMINATING THE LOCAL EMERGENCY CONFIRMED BY CITY COUNCIL ON AUGUST 12, 2021 AND RESCINDING R-2021-070; RATIFYING EXPENDITURES IN THE AMOUNT OF $69,849.67 AND $327,405.63 TO PACIFIC PETROLEUM AND R. BAKER, INC., RESPECTIVELY; AND APPROPRIATING RELATED BUDGET ADJUSTMENTS IN FISCAL YEAR 2022
WHEREAS, on August 11, 2021 the Director of Emergency Services issued a proclamation declaring the existence of a local emergency in response to damage to a primary sewer collection and transmission line in the vicinity of 98 South Dolliver Street; and
WHEREAS, the proclamation was confirmed by City Council on August 12, 2021 by Resolution R-2021-070; and
WHEREAS, staff took immediate cleanup and protective measures to maintain the City's sewer system and prevent any environmental damage; and
WHEREAS, it was determined the section of damaged pipe was past the point of repair, and the best course of action would be to install a new pipe that runs under the creek, bypassing the damaged portion of the line; and
WHEREAS, horizontal directional drilling under the creek to install the new sewer pipe was completed and the new sewer line was and put into service on September 9, 2021; and
WHEREAS, per the City's Purchasing Policy and Procedures, an emergency declared by an appropriate authority as described in Pismo Beach Municipal Code Chapter 2.32, Emergency Services, requires that an order be placed with the most expeditious source of equipment, goods or services, taking into account timeliness of delivery and price; In the event of an Emergency, the City Manager/ Director of Emergency Services is authorized to approve without solicitation of bids purchases, leases, or other contracts for goods or services up to a value of $100,000; Emergency procurements shall be ratified as soon as practical, including ratification by City Council for emergency procurements exceeding $100,000 or the amount set by City Council after receiving the recommendation of the City Manager; and
WHEREAS, the City's costs for the August 2021 Sewer Spill emergency is $418,047.55; Of this amount, one agreement with R. Baker, Inc. in the amount of $327,405.63 exceeded the $100,000 procurement threshold and one agreement with Pacific Petroleum in the amount of $69,849.67 exceeded the non -emergency $50,000 procurement threshold.
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R-2022-007
NOW, THEREFORE, BE IT RESOLVED that pursuant to Government Code Section 8630, the City Council determines that conditions warrant the termination of the local state of emergency declared under Resolution R-2021-070, and therefore, the City Council of the City of Pismo Beach hereby terminates the local emergency confirmed by the City Council on August 12, 2021.
BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby ratifies the expenditures in the amount of $69,849.67 and $327,405.63 to Pacific Petroleum and R. Baker, Inc., respectively, for work performed in response to the damage to the primary sewer collection and transmission line.
BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby appropriates $418,048 in the Pismo Creek Sewer Spill project account in the Wastewater Enterprise Fund in Fiscal Year 2022.
BE IT FINALLY RESOLVED that Resolution R-2021-070 is hereby rescinded.
UPON MOTION OF Council Member Blake, seconded by Council Member Newton, the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 15tn day of February 2022, by the following vote:
AYES: 5 Blake, Newton, Guthrie, Reiss, Waage
NOES: 0
ABSENT: 0
ABSTAIN: 0
RECUSED: 0
Appro d/: n l Attest:
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Ed Waage, Mayor finder ied(CVy elerk
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R-2022-007