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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