HomeMy WebLinkAboutResolution 2006-145 N.C.S. 08/07/2006 Resolution No. 2006-145 N.C.S.
of the City of Petaluma, California
A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PETALUMA AND THE PETALUMA COMMUNITY DEVELOPMENT COMMISSION
AUTHORIZING USE OF REDEVELOPMENT FUNDS FOR PUBLIC FACILITIES
AND MAKING SPECIFIED FINDINGS AND AUTHORIZING AND DIRECTING THE
CITY MANAGER OF THE CITY OF PETALUMA TO EXECUTE A CONTRACT
WITH THE LOWEST RESPONSIBLE BIDDER FOR EMERGENCY DREDGING OF
THE PETALUMA RIVER, TURNING BASIN AND MARINA, IN ACCORDANCE
WITH STATE AND FEDERAL BIDDING REQUIREMENTS, THE CITY CHARTER,
MUNICIPAL CODE, AND STATE AND OTHER APPLICABLE LAW, IN AN AMOUNT
NOT TO EXCEED $ 1,458,000
(EST. DREDGING COST PLUS CONTINGENCY)
WHEREAS, due to the winter flood event of January 2006, silt has been. deposited iri the
Petaluma River channel, Turning Basin and Marina in amounts sufficient to cause a hazard to
boaters and to increase the potential for additional. future flooding; and
WHEREAS, the siltation hazard to boaters has reduced and will reduce transient boat
traffic and lower the number of boating visitors to the City, resulting in economic loss to the City
and to downtown businesses; and
WHEREAS, dredging the Petaluma River channel, Turning Basin and Marina ("the
Project"}, is required to remedy the siltation hazard and to reduce the potential for additional
future flooding; and
WHEREAS, the California Department of Fish and Game ("DFG") normally requires
that dredging or other work in the Petaluma River occur between July 1 and November 1; and
WHEREAS, even if the City requests and DFG grants an extension of working time for
the Project, all work must be completed before mid-December, 2006; and
WHEREAS, staff has determined that to meet the required timeline and complete the
Project in conformance with DFG requirements, it will be necessary to award the contract before
the next scheduled meeting of the City Council of City; and
WHEREAS, on January 2, 2006, by proclamation, the Governor of California
proclaimed a state of emergency under California Government Code Sections 8550 et seq. as a
result of the flooding that occurred January 1, 2006, in the City of Petaluma, affecting the area of
the Project; and
WHEREAS, pursuant to the Governor's emergency disaster proclamation, costs of
dredging and of the Project are eligible for State reimbursement, up to 75% of the cost of the
Project; and
Resolution No. 2006-145 N.C.S. Page I
WHEREAS, the City is continuing to pursue additional funding from the Federal
Emergency Management Agency, which may provide additional reimbursement to City for the
costs of the Project; and
WHEREAS, staff has determined that to proceed with the Project on a timeline which
will not jeopardize the City's access to State and potential federal emergency funding, it will be
necessary to award the contract before the next scheduled meeting of the City Council of City;
and
WHEREAS, this project is exempt from the California Environmental Quality Act
("CEQA"), California Public Resources Code Sections 21000 et seq., in accordance with .Section
21080, subdivisions (b)(2), (3), and (4), and Section 15269, subdivisions (a), (b), and (c) of Title
14 of the California Code of Regulations ("CEQA Guidelines"), because the project consists of
emergency repairs to public service facilities necessary to maintain service; is undertaken to
maintain, repair and restore property or facilities damaged or destroyed as a result of a disaster in
adisaster-stricken area in which a state of emergency has been proclaimed by the Governor
pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the
Government Code; and is an action necessary to mitigate an emergency; and
WHEREAS, in accordance with California Health and Safety Code Section 33445 the
City Council of the City of Petaluma and the Petaluma Community Development Commission
make the following findings:
1. The reconstruction and repair of the Petaluma River Channel and Turning Basin
facilities, structures and other improvements contemplated by this resolution are of
benefit to the Petaluma Central Business District Project Area.
2. No other reasonable means of financing such reconstruction and repair is available to
the community.
3. The payment of funds for such. reconstruction and repair will assist in the elimination
of one or more blighting conditions inside the project area; and
WHEREAS, the reconstruction and repair contemplated by this resolution is result of a
declared flooding disaster that occurred on December 31, 2005 in the City and the Project Area
and siltation and other damage from that event and such reconstruction and repair is not "normal
maintenance or operations of buildings, facilities, structures or other improvements which are
publicly owned" pursuant to California Health and Safety Code Section 33445, subdivision (b).
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Petaluma and the Petaluma Community Development Commission hereby:
1. Declare the above recitals to be true and correct and findings of the City Council of
the City of Petaluma and of the Petaluma Community Development Commission.
2. Approve the Project Budget in the amount of $1,581,000 and authorize and direct the
City Manager to:
3. In accordance with California Public Contact Code Section 20688.2 and other
applicable law, waive any and all non-conformance in the bid for the Petaluma River
Dredging Project, and determine the lowest responsible bid.
Resolution No. 2006-145 N.C.S. Page 2
4. Award the contract for the Petaluma River Dredging Project to the lowest responsible
bidder, conditioned on timely execution of the Project contract and submission of all
required documents, including but not limited to, executed bonds, certificates of
insurance, and endorsements, in accordance with the Project bid documents.
5. Direct staff to issue a notice of award to said lowest responsible bidder.
6. Execute the Project contract on behalf of the City of Petaluma upon timely
submission of the signed Project contract and all other required documents, including
but not limited to, executed bonds, certificates of insurance, and endorsements, in
accordance with the Project bid documents.
Under the power and authority conferred upon this Council by the Charterof said City.
REFERENCE: Thereby certify the foregoing Resolution was introduced and adopted. by the A r as to
Council of the City of Petaluma at a Regular meeting on the 7`~` day of August, orm•
2006, by the following vote:
City Attorn y
AYES: Harris, Healy, Vice Mayor Nau, O'Brien, Torliatt
NOES: None
ABSENT: Mayor Glass
ABSTAIN: None
ATTEST: ~
City Clerk Vice ayor
Resolution No. 2006-d 45 N.C.S. Page 3