Res 15-023RESOLUTION NO. 15 -023
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
TEMPORARILY SUSPENDING PROVISIONS OF
CERTAIN BIDDING REQUIREMENTS TO ALLOW
SINGLE BIDS FOR PURCHASES AND SERVICES
IN AMOUNTS LESS THAN $5,000 TO ACHIEVE
MANDATED WATER CONSERVATION ACTIVITIES
WHEREAS, the City of Poway imports nearly 100% of its potable water supply
from Northern California and the Colorado River via contractual arrangements with the
San Diego County Water Authority and the Metropolitan Water District of Southern
California; and
WHEREAS, Governor Edmund G. Brown Jr. issued Governor's Proclamation No.
1 -17 -2014 on January 17, 2014, declaring a State of Emergency to exist in California
due to severe drought conditions; and
WHEREAS, for the first time in five years, State water officials have tapped into
water reserves to meet supply demands, depleting reservoirs and water storage to the
lowest levels since 1977; and
WHEREAS, on July 15, 2014, the State Water Resources Control Board passed
Resolution No. 2014 -0038 to adopt California Code of Regulations, Title 23, sections
863, 864, and 865 as an emergency regulation; and
WHEREAS, pursuant to that emergency regulation, urban water suppliers in
California that have a water shortage contingency plan must implement the stage of the
plan that imposes mandatory restrictions on outdoor irrigation of ornamental landscapes
or turf with potable water or face severe financial penalties; and
WHEREAS, on July 21, 2014, Poway's City Manager declared a Level 2 Water
Shortage Alert, per Poway Municipal Code (PMC) Section 8.94.050(6)(2) implementing
mandatory conservation measures; and
WHEREAS, on August 5, 2014, the Poway City Council adopted Resolution No.
14 -049, which ratified the City Manager's decision to declare a Level 2 Water Shortage
Alert and transfer $90,000 to enhance the City's water conservation activities; and
WHEREAS, on February 3, 2015 and May 5, 2015 the Poway City Council
appropriated additional amounts of $20,000 and $100,000, respectively, for water
conservation programs; and
WHEREAS, on April 1, 2015, Governor Edmund G. Brown Jr. issued Executive
Order B -29 -15 mandating all Californians reduce water use by 25 %; and
Resolution No. 15 -023
Page 2
WHEREAS, on April 7, 2015, the Poway City Council adopted Resolution No. 15-
009, limiting outdoor watering to two designated days per week, before 8 a.m. and after
8 p.m. and restricting irrigation during and within 48 hours after measurable rainfall
beginning May 1; and
WHEREAS, the State Water Resources Control Board adopted an Emergency
Regulation on May 5, 2015, pursuant to the Governor's order to impose restrictions on
all urban water suppliers to achieve a statewide 25% reduction in water use, which
regulations place burdens on water agencies throughout the state to achieve immediate
water conservation; and
WHEREAS, Poway must reduce total consumption by 32% each month from
June 1, 2015, through February 28, 2016, when compared to that same month in 2013;
and
WHEREAS, failure to meet the Water Board's conservation targets may result in
penalties of up to $10,000 per day; and
WHEREAS, in order to achieve the 32% reduction in water use, the City
Manager is requesting a temporary waiver of the requirement for not less than three (3)
bids in an open purchase contract for landscaping goods and services, including public
projects of less than $5,000, on the basis that the City Manager has determined that
competitive bidding is not in the public's interest where it conflicts with the City's need
for expedited contracting for landscape materials and services to achieve compliance
with the City's mandatory water conservation activities.
that:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
1) The City Council hereby finds that the City Manager's determination that
competitive bidding is not in the public's interest where it conflicts with the
City's need for expedited contracting for landscape materials and services in
order to achieve the state mandate to reduce potable water use by its water
customers by 32% is hereby appropriate. The City Council further finds that
the requirement to obtain three quotes for purchases and services up to
$5,000 is hereby temporarily suspended.
2) The authorization for open market bidding of landscape services or materials,
without a minimum of three (3) bids, as provided in this Resolution, shall
remain in effect as long as the Governor's Executive Order (or any extensions
to, or replacement of, the executive order) applies to the City, unless earlier
terminated by City Council resolution.
Resolution No. 15 -023
Page 3
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway
at a regular meeting this 16th day of June 2015.
Steve Vaus, Mayor
ATTEST:
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Sheila . Cobian, CVIC, 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. 15 -023 was duly adopted by
the City Council at a meeting of said City Council held on the 16th day of June 2015, and
that it was so adopted by the following vote:
AYES: LEONARD, CUNNINGHAM, MULLIN, GROSCH, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
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Shei R. Cobian, MC, City Clerk
City of Poway