Item 1.6 - Report of Emergency Clean-up Expenditures-Poway CreekG,� t OF POIf%9Y
C,ry'�N THE CCJ
City of Poway
COUNCIL AGENDA REPORT
DATE:
TO:
FROM:
INITIATED BY:
February 18, 2014
APPROVED
APPROVED AS AMENDED
❑
(SEE MINUTES)
DENIED
❑
REMOVED
❑
CONTINUED
Resolution No.
Honorable Mayor and Members of the City Council
Tina M. White, Interim City Manager
Leah Browder, Director of Public Works
Pat Ryan, Public Works Operations Managegk
SUBJECT: Report of Emergency Clean -up Expenditures Pertaining to
Hydraulic Fluid Spill into the Poway Creek Made Under
Authority of Resolution No. 14 -003
Summary:
On January 7, 2014 the Poway City Council adopted Resolution No. 14 -003 which
approved the waiving of the formal bid process for an emergency clean -up of a
hydraulic fluid spill in the Poway Creek. Under authorization of Resolution No. 14-
003, the City currently has an estimated $19,954 in invoices pending from the
contractor.
Recommended Action:
It is recommended that the City Council continue the authorization for the City Manager,
Acting City Manager or Interim City Manager to provide necessary emergency cleanup
to the Poway Creek in order to safeguard public health and safety. This item requires a
four -fifths vote of the City Council pursuant to Public Contract Code Section 22050.
Background:
On January 7, 2014 the Poway City Council adopted Resolution No. 14 -003 which
approved the waiving of the formal bid process for an emergency clean -up of a
hydraulic fluid spill in Poway Creek. Upon adoption of the Resolution, the City
Manager may expend any sum required during the emergency and report the same
to the City Council in accordance with the Public Contract Code Section 22050. As
required, the City Council will review all emergency expenditures at every regular
meeting to determine if there is a need to continue the action, or if the declaration of
the emergency may be terminated.
Findings:
III expenditures to -date attributed to the hydraulic spill include:
Previous Authorized Expenditures (pending) .
$19,954 for Patriot Environmental Services, Inc.
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Report of Emergency Clean -up Expenditures — Poway Creek
February 18, 2014
Page 2
Since last report on February 4, 2014, soil excavation and removal was performed on
January 29, 2014 after notification of regulatory agencies. Post - excavation soil testing
results were pending as of January 30, 2014 and will determine if additional excavation
is required or if the soil removal project can be considered complete.
Fiscal Impact:
The estimated cost for the emergency work to date from the contractor is $19,954.
Under the State Public Contract Code Section 22050, staff is required to report back to
the City Council at every regular meeting on the expenditures and review the need to
continue emergency authorization. The City has filed a claim for possible
reimbursement of costs under its environmental insurance policy.
Environmental Review:
This item is not subject to CEQA review.
Public Notification:
None.
Attachment:
A. Resolution No. 14 -003
2 of 4 February 18, 2014 Item # 1.6
RESOLUTION NO. 14 -003
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING WAIVER OF THE FORMAL BID PROCESS
FOR EMERGENCY CLEANUP OF A HYDRAULIC FLUID SPILL
IN THE POWAY CREEK
WHEREAS, during routine channel mowing in the Poway Creek an equipment
failure occurred resulting in a hydraulic fluid spill; and
WHEREAS, staff took immediate steps to contain the spill using appropriate
containment methods; and
WHEREAS, staff contacted County Hazmat for local support and sent
notifications as required to the State Office of Emergency Services and other
agencies; and
WHEREAS, in consultation with applicable regulatory agencies the City found
it necessary to hire a Hazmat firm to assist with the clean -up of the Poway Creek in
advance of a rain event expected within 24 hours; and
WHEREAS, the immediate need to complete the emergency clean -up of the
Creek would not permit a delay resulting from the public bid and contract process;
and
WHEREAS, staff secured a Hazmat firm from a list of qualified companies
who could perform the emergency work; and
WHEREAS, Public Contract Code sections 20168 and 22050, and Poway
Municipal Code section 3.28.080, provide that the formal bid process may be waived
by a four -fifths vote of the City Council in the case of an emergency which does not
allow time for a formal bid process; and
WHEREAS, Public Contract Code sections 20168 and 22050 provide that the
City Council may, by a four -fifths vote, adopt a Resolution declaring that the public
interest and necessity demand the immediate expenditure of public money to
safeguard life, health, or property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Poway as follows:
Section 1: The foregoing recitals of fact are found to be true and. correct, and
the actions previously taken by the Acting City Manager to respond to the herein
described`emergency are approved.
Section 2: The City Council hereby finds that delays caused by a competitive
bid process for follow -up work to complete the remediation of the hazardous spill will
likely result in harm to the environment, and approves a waiver of the City's formal
3 of 4 ATTACHMENT A February 18, 2014 Item # b if
Resolution No. 14 -003
Page 2
bid process for the emergency clean -up of the hydraulic fluid spill in the Poway
Creek to ensure that public health and safety is not compromised.
Section 3: The City Manager, any Acting City Manager, and any Interim City
Manager, and each of them,. (each, an "Authorized Representative ") is hereby
authorized to order work for the emergency repair and replacement, and execute
such agreements and other documents in the form approved by the Authorized .
Representative after consultation with the City Attorney.
Section 4: This Resolution shall require a four -fifths vote of the City Council.
PASSED, ADOPTED AND APPROVED by the City Council of the City of
Poway at a regular meeting this 7th day of January, 2014.
Don Higginson, Mayor
ATTEST:
(RI
Sheila R. Cobian, CMC, City Clerk
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO)
I, Sheila R. Cobian, CMC, City Clerk of the City of Poway, do hereby certify
under penalty of perjury that the foregoing Resolution No. 14 -003 was duly adopted by
the City Council at a meeting of said City Council held on the 7th day of January, 2014,
and that it was so adopted by the following vote:
AYES: CUNNINGHAM, VAUS, MULLIN, GROSCH, HIGGINSON
NOES: . NONE
ABSENT: NONE
DISQUALIFIED: NONE
Sheila R. Cobian, CMC, City Clerk
City of Poway
4 of 4 February 18, 2014 Item # /- 6