Res 18-017RESOLUTION NO. 18-017
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING WAIVER OF THE FORMAL
BIDDING PROCESS FOR ROAD REPAIRS RELATED TO A
WATER MAIN BREAK IN TARZANA ROAD
WHEREAS, on April 4, 2018 a water main break occurred on the east side of Tarzana Road
near the intersection of Tarzana Road and Wilsey Way and flow from the break caused significant
damage to Tarzana and Glenoak Roads;
WHEREAS, California 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;
WHEREAS, California Public Contract Code section 20168 provides that the City Council
may pass by four-fifths vote, a resolution declaring that public interest and necessity demand the
immediate expenditure of public money;
WHEREAS, upon adoption of such resolution, the City manager may expend any sum
required in the emergency, and report the same to the City Council in accordance with California
Public Contract Code section 22050;
WHEREAS, if such expenditure is ordered, the City Council shall review the emergency
action at each regular meeting, to determine if there is a need to continue the action or if the action
may be terminated; and
WHEREAS, the damage to Tarzana and Glenoak Roads constitutes an emergency within
the terms of the California Public Contract Code sections 20168 and 22050 which requires the City
Manager to be able to act quickly and without complying with the notice and bidding procedures of
the California Public Contract Code to repair such public facilities;
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 City Manager to respond to the herein described emergency are approved.
Section 2: The City Council hereby finds that delays caused by the competitive bid
process for the repair work is not acceptable and approves a waiver of the City's formal bid process
for the repair work to ensure that public health, safety and welfare are not compromised.
Section 3: The City Manager is hereby authorized to order work for the emergency
repair, and to execute the necessary documents.
Section 4: This Resolution shall require a four-fifths vote of the City Council.
Resolution No. 18-017
Page 2
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, California,
at a regular meeting this 17th day of April 2018.
f
Steve Vaus, Mayor
ATTEST:
Nance fel , CMC. City Clerk
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Nancy Neufeld, City Clerk, of the City of Poway, California, do hereby certify under penalty
of perjury that the foregoing Resolution No. 18-017 was duly adopted by the City Council at a
meeting of said City Council held on the 17th day of April 2018, and that it was so adopted by the
following vote:
AYES: CUNNINGHAM, GROSCH, LEONARD, MULLIN, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Nancy Wufbld, tMC, City Clerk
City of Poway