RES 2011-19 AN EMERGENCY DIRECTING IMMEDIATE STEPS TO REPAIR & STABILIZE ROCKAWAYRESOLUTION NO. 2011-19
A RESOLUTION of the City Council of Bainbridge Island,
Washington, declaring an emergency and directing
immediate steps to repair and stabilize Rockaway Beach
Road.
WHEREAS, a segment of Rockaway Beach Road sits atop a steep bluff that
drops abruptly to the beach; and
WHEREAS, despite the City's efforts to protect it, the bluff supporting
Rockaway Beach Road has, through landslides and other natural processes, eroded to the
point that the structural integrity of Rockaway Beach Road has been seriously threatened;
and
WHEREAS, consultants retained by the City have advised that unless the City
undertakes major actions to prevent it, there is a serious risk that the roadway will fail
during the upcoming winter storm season; and
WHEREAS, a failure of Rockaway Beach Road would immediately endanger the
health and safety of those traveling on the road, would result in the loss and damage of
public and private property, and would significantly jeopardize access of emergency
vehicles to the residents of Rockaway Beach; and
WHEREAS, state law defines an emergency to' include "...a set of circumstances
which demands immediate action to preserve public health, protect life, [or] protect
public property..."; and
WHEREAS, in the event of such an emergency, state law authorizes the City to
enter into contracts and incur obligations necessary to combat such an emergency and to
protect the health and safety of persons and property without regard to time-consuming
procedures, and formalities prescribed by law; and
WHEREAS, state and City laws allow the City to waive competitive bidding
requirements and award necessary contracts in the event of a real and immediate ,threat to
the proper performance of essential functions or will likely result in material loss or
damage to property, bodily injury or loss of life if immediate action is not taken; and
WHEREAS, state and City laws provide exemptions from Shorelines regulations
for "...emergency construction necessary to protect property from damage by the
elements" and, for these purposes, define an emergency to be "...an unanticipated and
imminent threat to public health, safety, or the environment which requires immediate
action within a time too short to allow full compliance with this chapter"; and
WHEREAS, Shorelines regulations allow new protective structures to be built to
address an emergency situation, with permits for such structures obtained after -the -fact;
and;
WHEREAS, the City Council hereby finds that conditions at Rockaway Beach
Road do constitute an emergency under all applicable definitions of state and local law
and require the City to take immediate steps to protect the health and safety of the public
and to protect public and private property; now, therefore,
THE CITY. COUNCIL OF THE CITY OF BAINBRIDGE ISLAND DOES
RESOLVE AS FOLLOWS:
Section 1. As a result of the above-described situation, the City Council hereby
proclaims that a state of emergency exists at Rockaway Beach Road and authorizes and
directs the City Manager to enter into contracts, incur obligations, issue permits, and
undertake work as necessary to combat the emergency and to protect the health and
safety of persons and property and to exercise those powers in the light of this emergency
situation without regard to time-consuming procedures and formalities prescribed by
laws.
Section 2 The City Council- also authorizes and directs the City Manager to take
all necessary steps to build, on an emergency basis, any protective structures required to
address the emergency and to obtain any required Shorelines permits after -the -fact.
PASSED, by the City Council this 24th day of August, 2011.
APPROVED by the Mayor this 24th day of August, 2011.
By:
Kir to H opoulos, Mayor
ATTEST/AUTHENTICATE:
By:Rosalind D. D. Lassoff, City Jerk
FILED WITH THE CITY CLERK: August 19, 2011
PASSED BY THE CITY COUNCIL: August 24, 2011
RESOLUTION NO. 2011-19