Item 1.9 - Final Report of Emergency Clean-up Expenditures-Poway CreekOF POI
Cihff of Poway
COUNCIL AGENDA REPORT
DATE:
TO:
FROM:
INITIATED BY:
SUBJECT:
Summary:
March 18, 2014
APPROVED
APPROVED AS AMENDED
(SEE MINUTES)
DENIED
REMOVED
CONTINUED
n
Resolution No. Y- 00o
Honorable Mayor and Members of the City Council
Tina M. White, Interim City Manageryto
Leah Browder, Director of Public Works
Pat Ryan, Public Works Operations Manager
Final Report of Emergency Clean -up Expenditures
Pertaining to Hydraulic Fluid Spill into the Poway Creek
Made Under Authority of Resolution No. 14 -003 adopted on
January 7, 2014, and Adoption of Resolution Rescinding
Resolution No. 14 -003 Regarding Emergency Waiving of
Notice and Bidding Requirement
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 paid $29,515.19 in invoices from the contractor. The City
has completed all expenditures and repairs associated with the emergency clean =up of
a hydraulic fluid spill in the Poway Creek. This report discontinues the previous
authorization associated with the hydraulic fluid spill into the Poway Creek.
Recommended Action:
It is recommended that the City Council accept the final report of emergency clean -up
expenditures, and adopt the Resolution Rescinding Resolution No. 14 -003, which
waived the formal bid process for emergency clean -up of a hydraulic fluid spill in the
Poway Creek and authorized the City Manager, Acting City Manager or Interim City
Manager to provide necessary emergency clean -up 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 the 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.
1 of 6 March 18, 2014 Item # l.q
Final Report of Emergency Clean -up Expenditures — Poway Creek and Resolution
Rescinding Resolution No. 14 -003
March 18, 2014
Page 2
Findings:
City crews performed soil excavation and removal for the Poway Creek hydraulic spill
on January 29, 2014 after notification of regulatory agencies. Post - excavation soils
testing indicates removal of contaminated soil has been achieved. The City has
completed all repairs and contractor payments associated with the emergency clean -up
of the hydraulic fluid spill in Poway Creek. Final reports have been submitted to
regulatory agencies. Contractor expenses attributed to the hydraulic spill are detailed
below.
Previous Authorized Expenditures
$19,954.00 for Patriot Environmental Services, Inc.
Current Expenditures
$ 9,561.19 for Patriot Environmental Services, Inc.
Total Expenditures
$29,515.19
Under the authorization of Resolution No. 14 -003, $29,515.19 was expended.
Fiscal Impact:
Total expenditures made under the emergency clean -up are $29,515.19. Any
necessary budget adjustments will be finalized during Fiscal Year 2013/2014. The cost
of this event falls below the retention amount for the City's environmental insurance
policy.
.Environmental Review:
This item is not subject to CEQA review.
Public Notification:
None.
Attachment:
A. Resolution No. 14 -003
B. Resolution Rescinding Resolution No. 14 -003
2 of 6 March 18, 2014 Item # /. Q
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 6 ATTACHMENT A March 18, 2014 Item # 1,1
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:
Sfieila 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
3" 1,:71. hifnns
Sheila R. Cobian, CMC, City Clerk
City of Poway
4 of 6 March 18, 2014 Item # 1-f
RESOLUTION NO. 14-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POWAY, CALIFORNIA, PROCLAIMING THE TERMINATION OF
WAIVER OF THE FORMAL BID PROCESS FOR EMERGENCY CLEANUP AS A
RESULT OF A HYDRAULIC FLUID SPILL IN THE POWAY CREEK
WHEREAS, Public Contract Code sections 20168 and 22050 provide that the
City Council may pass by a four- fifths vote, a waiver of the formal bid process 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 pass by a four - fifths vote, a declaration that the public interest and
necessity demand the immediate expenditure of public money to safeguard life,
health, or property; and
WHEREAS, on January 7, 2014 the City Council passed Resolution No. 14-
003 entitled, "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" as a result of a hydraulic fluid spill in the Poway
Creek caused by equipment failure during routine channel mowing in the Poway
Creek; and
WHEREAS, City crews performed soil excavation and removal for the Poway
Creek hydraulic spill after notification of regulatory agencies and post- excavation
soils testing results, performed by a Hazmat contractor, indicates removal of
contaminated soil has been achieved, and reports were submitted to regulatory
agencies, and the operational aspects of the project are considered complete; and
WHEREAS, the City of Poway expended $29,515.19 for necessary repairs
under the emergency authorization.
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 appropriate emergency repairs were authorized by the City Manager, Acting City
Manager, or Interim City Manager in accordance with Public Contract Code Section
22050.
Section 2: The required work to clean -up the hydraulic fluid spill in the Poway
Creek to ensure public health and safety is not compromised, necessitating a waiver
of the City's formal bid process for the City of Poway,, have been completed.
Section 3: Resolution No. 14 -003 is hereby rescinded.
Section 4: This Resolution shall require a four - fifths vote of the City Council.
5 of 6 ATTACHMENT B March 18, 2014 Item # l • q
Resolution No. 14-
Page 2
PASSED, ADOPTED AND APPROVED by the City Council of the_ City of
Poway at a regular meeting this 18thth day of March, 2014.
Don Higginson, Mayor
ATTEST:
Sheila R. Cobian, CMC, City Clerk
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO)
I, Sheila R. Cobain, CMC, City Clerk of the City of Poway, do hereby certify
under penalty of perjury that the foregoing Resolution No. 14- was duly adopted by
the City Council at a meeting of said City Council held on the 18th day of March, 2014,
and that it was so adopted by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Sheila R. Cobian, CMC, City Clerk
City of Poway
6 of 6 March 18, 2014 Item # /. 9