Res 14-003RESOLUTION 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
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:
- au&a (91,
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