CC Resolution No. 17-028 Declaring Repairs to Regnart Rd an EmergencyRESOLUTION N0.17-028
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
DECLARING REP AIRS TO REGN ART ROAD AN EMERGENCY; AUTHORIZING
THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRA~T FOR THE
REP AIR OF REGN ART ROAD AND TO APPLY FOR FEDERAL AND STATE
DISASTER ASSISTANCE AND AUTHORIZING AN AMENDMENT TO THE
V
ANNUAL OPERATING BUDGET TO APPRORIATE $350,000.00 FOR REGNART
ROAD REPAIR
WHEREAS, from January 3, 2017 to January 12, 2017, and again from February
13, 2017 to February 22, 2017, the State of California, the County of Santa Clara, and the
City of Cupertino experienced a period of sustained, significant rains. On February 14,
2017, the Federal Government approved the State of California's Major Disaster
Declaration for the severe winter storms, flooding, and mudslides from January 3, 2017,
to January 12, 2017; and
WHEREAS, since the Federal Disaster Declaration, the State, County, and the
City of Cupertino continued to experience significant rain, resulting in damage; and
WHEREAS, the County of Santa Clara and State of California are further
contemplating a Declaration of Disaster for the period between February 13, 2017 to
February 22, 2017, more specfically designated the "President's Day Storm Event", for
purposes of obtaining State and Federal disaster assistance; and
WHEREAS, during the Declared Disaster storm events, as well during the
President's Day Storm Event, the City of Cupertino experienced mudslides, roadway
damages, and other storm-related damages; and
WHEREAS, Regnart Road suffered significant storm damage, as the road base
was washed away, compromising the structural integrity of the roadway, and
inhibiting its safe use;
WHEREAS, Regnart Road poses a clear and imminent danger reqmnng
immediate attention to mitigate the further loss of public facilitites as well as to ensure
those residents served by Regnart Road have access to essential public services;
WHEREAS, a public bidding process will delay the repair of Regnart Road,
increase the likelihood of further damage to the roadway, and potentially remove access
for those served by the roadway; and
Resolution No. 17-028
Page2
WHEREAS, this action is statutorily exempt from the California Environmental
Quality Act (CEQA) under California Code of Regulation, Title 14, Regulation 15269(b);
and the City Council is the decision maker and approves this exemption.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
Section 1. Recitals: The City Council does hereby find, determine, and resolve that
the foregoing recitals are true and correct.
Section 2. Approval and Authorization. The City Council does further resolve that:
1. The City Manager is .authorized to negotiate and execute a contract for the
repair of Regnart Road in an amount not to exceed $350,000.00, without
public bidding;
2. The Fiscal Year 2016/2017 Annual Operating Budget is amended to include an
increase of $350,000.00 to the Transportation Fund; and
3. The City Manager is hereby authorized to apply for State and Federal disaster
assistance.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 7th day of March 2017, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST :
Members of the City Council
Vaidhyanathan, Paul, Chang, Scharf, Sinks
None
None
None
APPROVED:
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Grace Schmidt, City Clerk Savita Vaidhyanathan, Mayor,
City of Cupertino