HomeMy WebLinkAboutResolution 2026-059City of Atascadero
Resolution No. 2026-059
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RESOLUTION NO. 2026-059
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, PURSUANT TO PUBLIC CONTRACT
CODE SECTION 22050 DECLARING THAT PUBLIC INTEREST AND
NECESSITY DEMAND THE IMMEDIATE EXPENDITURE OF PUBLIC
MONEY DUE TO AN EMERGENCY SITUATION, AUTHORIZING THE
CITY MANAGER TO ENTER INTO CONTRACTS WITH QUALIFIED
CONTRACTORS TO COMPLETE CRITICAL REPAIRS TO THE PUBLIC
STORM DRAIN SYSTEM
WHEREAS, repairs are needed to the City’s public storm drain system due to aging and
recently failed storm drain culverts and pipes, a sudden and unexpected occurrence that poses a
clear and imminent danger requiring immediate action to prevent or mitigate the loss or
impairment of life, health, property, or essential public services; and
WHEREAS, the National Weather Service and NOAA are predicting a high probability
for a wet 2026/2027 winter season from El Nino influences including record ocean temperatures
and short range weather modeling, including forecasts for rainy weather during October through
December 2026; and
WHEREAS, due to the potential threat of the failed storm pipes to public safety from road
collapse and flooding due to heavy rains with the predicted El Niño winter season, coupled with
the long lead time needed to publicly bid these repairs, staff is recommending expediting critical
repairs to the failed storm drain pipes; and
WHEREAS, Public Contract Code section 22050(a)(1) allows that “in the case of an
emergency, a public agency, pursuant to a four-fifths vote of its governing body, may repair or
replace a public facility, take any directly related and immediate action required by that emergency,
and procure the necessary equipment, services, and supplies for those purposes, without giving
notice for bids to let contracts”; and
WHEREAS, based on the staff report and other information provided to the City Council,
the City Council finds that there is an emergency as defined by Public Contract Code Section 1102
in that there is a clear and imminent danger, requiring immediate action to prevent or mitigate the
loss or impairment of life, health, property, or essential public services, that the emergency will
not permit a delay resulting from a competitive solicitation for bids, and that the action is necessary
to respond to the emergency.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero:
SECTION 1: Based on staff’s recommendations, the Council incorporates and adopts as
findings the foregoing recitals, and finds that emergency repairs to failed storm drain pipes and
culverts are necessary in advance of the 2026/2027 El Nino Winter Season.
Docusign Envelope ID: D083B5CE-D7EB-86CC-818A-13329A9E802F
City of Atascadero
Resolution No. 2026-059
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SECTION 2: The emergency will not permit a delay resulting from a competitive
solicitation for bids and that this action is necessary to respond to the emergency.
SECTION 3: The City Manager is hereby authorized to enter into contracts with qualified
contractors to perform the necessary repairs to the failed drain pipes and culverts of the public
storm drain system.
SECTION 4: Pursuant to Public Contract Code Section 22050(c), the City Council shall
review this emergency action at its next regularly scheduled meeting, and each regularly scheduled
meeting thereafter until the repairs to the failed storm drain pipes and culverts are complete, to
determine whether there is a need to continue the action authorized by this Resolution.
PASSED AND ADOPTED at a regular meeting of the City Council held on the 8th day
of September, 2026.
On motion by Council Member Funk and seconded by Mayo, the foregoing Resolution is
hereby adopted in its entirety on the following roll call vote:
AYES: Council Member Funk, Newsom, Peek, Mayor Pro Tem Dariz, Mayor Bourbeau
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF ATASCADERO:
________________________________
Charles Bourbeau, Mayor
ATTEST:
Lara K. Henderson, City Clerk
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