Res 14-008 RESOLUTION NO. 14-008
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Section 3: Resolution No. 14-003 is hereby rescinded.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.
Resolution No. 14-008
Page 2
PASSED, ADOPTED AND APPROVED by the City Council of the City of
Poway at a regular meeting this 18th day of March, 2014.
MIL Imo°
Don Higginson, Mayor r/'
ATTEST:
'<
S eila . 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. 14-008 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: CUNNINGHAM, VAUS, MULLIN, GROSCH, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
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C(21,■,,
Sheila ". obian, MC, City Clerk
City of Poway