CC Resolution No. 23-106 declaring the repairs necessary to restore Stevens Creek Storm Drain as Emergency Work
RESOLUTION NO. 23-106
A RESOLUTION OF THE CUPERTINO CITY COUNCIL DECLARING
REPAIRS TO STEVENS CREEK STORM DRAIN AN EMERGENCY; AND
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE
CONTRACTS TO CONSTRUCT THE REPAIRS WITHOUT A PUBLIC
BIDDING PROCESS
WHEREAS, a portion of the Stevens Creek Storm Drain Main system has
suffered significant deterioration since originally observed in 2022, such that the
pipe has completely failed, compromising the structural integrity of the roadway,
and inhibiting its safe use; and
WHEREAS, the City Engineer has declared that vehicular use of a portion
of Stevens Creek Boulevard poses a clear and imminent danger requiring
immediate attention to prevent or mitigate the loss of essential public services to
the residents and businesses; and
WHEREAS, a public bidding process would delay the repair of Stevens
Creek Storm Drain, increasing the likelihood of further damage to public
infrastructure, and potentially removing vital access for those served by Stevens
Creek Boulevard.
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, BE IT 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. Pursuant to Municipal Code section 3.23.130(C), the City Council finds that
the foregoing recitals demonstrate that the public interest and necessity
demand the immediate expenditure of public money to safeguard life,
health, or property.
Resolution No. 23-106
Page 2
2. Pursuant to Municipal Code section 3.23.130(C), the City Manager is
authorized to negotiate and execute a contract to construct the repairs,
without a public bidding process, for an amount not to exceed the project’s
approved funding level of $880,000.
PASSED AND ADOPTED at a special meeting of the City Council of the City of
Cupertino this 10th day of October 2023, by the following vote:
Members of the City Council
AYES: Wei, Mohan, Chao, Fruen, Moore
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED:
________
Hung Wei, Mayor
City of Cupertino
________________________
Date
ATTEST:
________
Kirsten Squarcia, City Clerk
________________________
Date
10/16/23
10/16/23