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R 5154 RESOLUTION NO. 5154 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DETERMINING A NEED TO CONTINUE WORK UNDER EMERGENCY CONTRACTS TO REPAIR THE STORM DRAIN SYSTEM AT 251 EAST GRAND AVENUE WHEREAS, on November 9, 2021, pursuant to Public Contract Code (PCC) Sections 20168 and 22050, the City Council deemed it was in the public interest to immediately authorize the expenditure of City funds needed to safeguard the health, safety and welfare and to proceed immediately with emergency repairs of the storm drain system at 251 East Grand Avenue; and WHEREAS, on November 9, 2021, the City Council deemed that the emergency repairs would 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, was necessary to respond to the emergency; and WHEREAS, on November 9, 2021 , the City Council adopted Resolution No. 5124 declaring an emergency and authorizing the immediate expenditure of funds to repair the storm drain system at 251 East Grand Avenue; and WHEREAS, PCC Section 22050 requires that after proceeding with an emergency project, the City Council shall review the emergency action at its next regularly scheduled meeting and at every regularly scheduled meeting thereafter until the emergency action is terminated; and WHEREAS, on November 23, 2021, the City Council adopted Resolution No. 5130; on December 14, 2021 , the City Council adopted Resolution No. 5137; on January 11, 2022, the City Council adopted Resolution No. 5140 and on January 25, 2022, the City Council adopted Resolution No. 5147 determining a need to continue work under emergency contracts to repair the storm drain system at 251 East Grand Avenue; and WHEREAS, if it is determined that there is a need to continue the action, PCC Section 22050 requires a four-fifths vote to authorize the continuation of the emergency action. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande that the storm drain system emergency declared by the City Council on November 9, 2021, shall be deemed to continue. BE IT FURTHER RESOLVED, that the storm drain system emergency shall be deemed to continue to exist until its termination is declared by the City Council. RESOLUTION NO. 5154 PAGE 2 On motion of Council Member Barneich, seconded by Council Member Storton, and on the following roll call vote, to wit: AYES: Council Members Barneich, Storton, Paulding, George, and Mayor Ray Russom NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 8th day of February, 2022. RESOLUTION NO. 5154 PAGE 3 / CAREN RAY RIIS O , MAYOR ATTEST: ss( j ) JESSICA MATSON, CITY CLERK APPROVED AS TO CONTENT: � �• ,i 4%�I Pg WHI NE MquitiNALD, ITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY 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. 5154 was passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 8th day of February, 2022. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 10th day of February, 2022. J SSICA MATSON, CITY CLERK