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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. ta JESSICA MATSON, CITY CLERK