R 5124 RESOLUTION NO. 5124
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE DECLARING AN EMERGENCY AND
AUTHORIZING THE IMMEDIATE EXPENDITURE OF
FUNDS TO REPAIR THE STORM DRAIN SYSTEM AT 251
EAST GRAND AVENUE
WHEREAS, the City owns, operates and maintains a storm drain system including a
storm drain pipe (the "storm drain pipe")within a storm drain easement at 251 East Grand
Avenue, which is currently improved with a Chevron gas station; and
WHEREAS, the storm drain pipe had been constructed with corrugated metal pipe which,
due to its age, has deteriorated, allowing water to exit the storm drain pipe and erode the
surrounding soil, causing depressions in the asphalt surface above the storm drain pipe;
and
WHEREAS, in preparation of the rain event of October 24 and 25, 2021, a barrier was
placed at the storm drain pipe headwall in attempt to prevent storm water from entering
the storm drain pipe and causing further soil erosion; and
WHEREAS, during the rain event, storm water bypassed the barrier through a previously
unknown area of erosion and entered and flowed through the storm drain pipe; and
WHEREAS, the result of the October 24 and 25, 2021 storm water flow through the storm
drain pipe created further depressions in the asphalt surface above; and
WHEREAS, City crews set up a temporary barricade to direct traffic away from the area
of depression while the area was compacted with additional asphalt; and
WHEREAS, the failure of the storm drain pipe and the soil erosion surrounding the storm
drain pipe has created a situation that constitutes an imminent threat to the public health,
safety and welfare and requires immediate corrective action to plug and fill the existing
storm drain pipe and adjacent voids, and install a new storm drain pipe or pipes within the
existing storm drain easement; and
WHEREAS, pursuant to Public Contract Code Section 22050, the City Council deems it
is in the public interest, to immediately authorize the expenditure of City funds needed to
safeguard the health, safety and welfare in order to proceed immediately with the needed
repairs; and
WHEREAS, the City Council further finds that the need for immediate repair of the storm
drain system at 251 East Grand Avenue is necessary in order to protect the public health,
safety and welfare and will not permit a delay resulting from a competitive solicitation for
bids and that prompt action, including authorization to expend all funds required for such
repairs without competitive bidding, is necessary to respond to the emergency described
herein.
RESOLUTION NO. 5124
PAGE 2
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE that the public interest and necessity demand the immediate
expenditure of funds to repair the storm drain system at 251 East Grand Avenue to
safeguard the public health, safety and welfare, without strict compliance with the
provisions of the Public Contract Code.
BE IT FURTHER RESOLVED, that the City Manager is authorized to enter into any
contract or agreement needed in order to immediately repair the storm drain system at
251 East Grand Avenue and to report back to the City Council regarding said emergency
project at its next regularly scheduled meeting, pursuant to Public Contracts Code Section
22050. All acts of the City Manager in addressing this emergency taken prior to the
effective date hereof are hereby duly ratified by the City Council.
On motion of Council Member Barneich, seconded by Council Member Paulding, and by
the following roll call vote, to wit:
AYES: Council Members Barneich, Paulding, Storton, George, and Mayor Ray Russom
NOES: None
ABSENT: None
The foregoing Resolution was approved this 9th day of November, 2021.
RESOLUTION NO. 5124
PAGE 3
CAREN RA SSOM, MAYOR
ATTEST:JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
111 /44104110
WH v NEY M -ONALD, CITY MANAGER
APPROVED AS TO FORM:
TIMOT Y J. CAR , ITY ATTORNEY
OFFICIAL CERTIFICATION
I, JESSICA MATSON, City Clerk of the City of Arroyo Grande, County of San Luis
Obispo, State of California, do hereby certify under penalty of perjury, that the attached
Resolution No. 5124 was passed and adopted at a regular meeting of the City Council
of the City of Arroyo Grande on the 9th day of November, 2021.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 12th day of
November, 2021.
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JESSICA MATSON, CITY CLERK