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Res 98-063RESOLUTION NO. 98-063 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA FINDING AND DECLARING THE EXISTENCE OF AN EMERGENCY WITHIN THE CITY AND SUSPENDING NOTICE AND BIDDING REQUIREMENTS IN CONNECTION WITH THE PROVISION OF HOUSEHOLD HAZARDOUS WASTE COLLECTION SERVICES WHEREAS, Public Contact Code Section 20168 provides that the City Council may pass by four/fifths (4~5) vote a resolution declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property; and WHEREAS, the County of San Diego previously operated a permanent household hazardous waste collection facility (PHHWCF) located in the City of Poway which served Poway Residents and residents from other jurisdictions in San Diego County, including unincorporated areas; and WHEREAS, the County of San Diego will cease operating the PHHWCF effective July 1, 1998; and WHEREAS, disruption of household hazardous waste collection service caused by a drastic reduction in hours of operation or complete closure of the PHHWCF will leave residents with no safe and legal means of disposing of their household hazardous waste; and WHEREAS, the probability of illegal dumping outside of the facility and throughout the community poses a serious health and safety threat to residents and the environment. NOW, THEREFORE, BE IT RESOLVED THAT: Pursuant to Public Contract Code Section 20168, the City Council finds and declares that: (a) An emergency exists within the City as the result of the threat of disruption of household hazardous waste collection service; and (b) The threat of damage to the environment and negative impacts on the health and safety of residents requires that the City continue to operate the PHHWCF without disruption of service; and (c) The City Manager is authorized to negotiate a month-to-month agreement with the contractor presently contracted with the County to operate the Poway PHHWCF without complying with notice or bidding procedures until such time a formal bidding procedure is conducted to select a household hazardous waste collection/ Resolution No. 98-063 Page 2 disposal contractor. This declaration of emergency and all subsequent declarations in connection herewith shall require a four-fifths (4/5) vote of the City Council. PASSED, ADOPTED, AND APPROVED by the City Council of the City of Poway, California at a regular meeting thereof, this 16th day of June, 1998. ATTEST: P~)pies, ~Assi~tant City Clerk STATE OF CALIFORNIA ) )ss COUNTY OF SAN DIEGO) I, Lori Anne Peoples, Assistant City Clerk of the city of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No.98- 063 was duly adopted by the City Council at a meeti~g of said City council held on the 16th day of June, 1998, and that it was so adopted by the following votes: AYES: CAFAGNA, EMERY, GOLDBY, REXFORD, HIGGINSON NOES: NONE ABSTAIN: NONE ABSENT: NONE Lori/Anne Pe(~ple~-, As~i,~t~nt City Clerk City of Poway