Resolution Number 10-01-28-01RESOLUTION NO. 10-01-28-01
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO WAIVE THE FORMAL BIDDING PROCESS AS AN
EMERGENCY CONDITION, DECLARING THE NECESSITY THEREOF,
AND AUTHORIZING STAFF TO PROCEED WITH EMERGENCY
INSTALLATION OF A GRANULATED ACTIVATED CARBON SYSTEM
FOR THE REMOVAL OF MTBE FROM THE CITY'S DRINKING WATER.
WHEREAS, Sections 201168 and 22050 of the Public Contracts Code provide
that upon adoption by the City Council by a four-fifths vote of a resolution declaring that
the public interest and necessity demand the immediate expenditure of public funds to
safeguard life, health, or property in order to proceed with emergency work without
notice for bids to let a contract for such emergency work; and,
WHEREAS, the staff report accompanying this Resolution sets forth the facts
supporting a finding that an emergency exists relating to the condition of the City's water
supply system and that the public interest and necessity demand the immediate
expenditure of funds to design and install a granulated activated carbon system at the
City's Ground Water Recovery Plant to safeguard life, health or property; and
WHEREAS, Section 22050 also provides that the resolution may delegate to the
City Manager, or other officer, the authority to order any action required by the
emergency and to procure the necessary equipment, services, and supplies for those
purposes, without giving notice for bids to let the contracts.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, HEREBY RESOLVES, FINDS AND DETERMINES AS
FOLLOWS:
1. That the public interest and necessity demand the immediate expenditure of
public funds to safeguard life, health, or property in order to proceed with
emergency work for the installation of a granulated activated carbon system at
the City's Ground Water Recovery Plant to eliminate MtBE from the City's
potable water system being delivered to the City's residents and businesses.
2. That the emergency will not permit a delay that would result from a competitive
solicitation for bids and that action is necessary to respond to the emergency
related to the conditions of the City's water supply system as more specifically
described in the staff report accompanying this resolution.
3. That the City Manager or his designee is hereby authorized to order any action
required to remedy the emergency relating to the condition of the City's water
supply system relating to the contamination of MtBE in the City's ground water
basin supplying the City's Ground Water Recovery Plant, and to procure the
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necessary equipment, services, and supplies for those purposes, without giving
notice for bids to let contracts.
4. The City Council finds that the approvals herein authorized are necessary to
protect the public health and welfare and shall not be deemed to waive the City's
rights to pursue its damages and restitution against the Chevron corporation and
related entities, who is the polluter responsible for the contamination of MtBE of
the City's groundwater supply.
PASSED, APPROVED, and ADOPTED
5TAXOTAW
STATE OF CALIFORNIA
COUNTY OF ORANGE )ss,
CITY OF SAN JUAN CAPISTRANO )
of January, 2010.
Uso, Mayor
I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing Resolution No, 10-01-28-01 was duly adopted by the Cit
Council of the City of San Juan Capistrano at a Special meeting thereof, held the 28t
day of January 2010, by the following vote:
YS` OUNCIL MEMBER:
Allevato, Hribar, Nielsen, Freese and Mayor Uso
O 'OUNCIL MEMBER:
None
B 1 - COUNCIL MEMBER:
None
a�ja�l4 rris, City
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1-28-2010