- 1 -
RESOLUTION NO. ___-2026
RESOLUTION OF THE FORT BRAGG CITY COUNCIL APPROVING THE
CONCEPTUAL DESIGN APPROACH FOR THE EMERGENCY
REPLACEMENT OF THE NOYO RIVER RAW WATER CROSSING,
AUTHORIZING EMERGENCY CONTRACTING, AND FINDING THE PROJECT
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15269(b);
WHEREAS, the City of Fort Bragg owns and operates a raw water transmission system that conveys source water to the City's Water Treatment Plant and provides an essential public service; and
WHEREAS, in September 2026, the existing raw water transmission line crossing beneath the Noyo River experienced a catastrophic failure, resulting in emergency conditions affecting critical municipal water infrastructure; and
WHEREAS, the City implemented temporary emergency measures to maintain continuity of water service while evaluating alternatives for a permanent repair and replacement of the failed crossing; and
WHEREAS, the City engaged Lumos & Associates, Inc. to evaluate feasible repair and replacement alternatives and it was determined that replacement of the crossing utilizing Horizontal Directional Drilling (HDD) is the preferred alternative due to its constructability, longterm reliability, and ability to minimize impacts to the Noyo River and surrounding environment; and
WHEREAS, Lumos & Associates, Inc. has prepared a conceptual design approach for the emergency replacement of the Noyo River raw water crossing utilizing HDD; and WHEREAS, the City Council finds that replacement of the failed crossing is necessary to maintain service essential to the public health, safety, and welfare and to restore the longterm reliability of the City's raw water transmission system; WHEREAS, the City Council further finds that the emergency nature of the failure requires immediate action to repair and replace critical public infrastructure and that delay associated with ordinary competitive procurement procedures could jeopardize the City's ability to maintain a reliable municipal water supply; and
- 2 -
WHEREAS, emergency contracting procedures authorized by Fort Bragg Municipal Code Sections 3.20.030 and 3.22.040 and California Public Contract Code Sections 20168 and 22050 permit the City Council, by a four-fifths vote, to authorize emergency work and procure services, equipment, and construction necessary to respond to an emergency without compliance with standard competitive bidding requirements; and WHEREAS, funding for the emergency replacement project is anticipated to be derived from available Water Enterprise funds, emergency funding sources, and other funding sources as may become available; and
WHEREAS, the proposed project is statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15269(b), which exempts emergency repairs to publicly owned service facilities necessary to maintain service essential to the public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fort Bragg as follows:
1) The foregoing recitals are true and correct and are incorporated herein by this reference.
2) The City Council finds that an emergency exists requiring immediate action to repair and replace the failed Noyo River raw water crossing in order to protect public health, safety, welfare, and the continued provision of municipal water service. 3) The City Council hereby approves the conceptual design approach for the emergency replacement of the Noyo River raw water crossing utilizing Horizontal Directional Drilling (HDD), as recommended by Lumos & Associates, Inc.
4) The City Council finds that the project is statutorily exempt from CEQA pursuant to CEQA Guidelines Section 15269(b).
5) Pursuant to Fort Bragg Municipal Code Sections 3.20.030 and 3.22.040 and California Public Contract Code Sections 20168 and 22050, the City Council authorizes the use of emergency contracting procedures necessary to expedite design, permitting, procurement, construction, and related services required to complete the emergency replacement project.
6) The City Manager, or designee, is authorized to take all actions necessary to implement the approved emergency replacement project, including execution of contracts, procurement of equipment and services, submission of permit applications, pursuit of grant and emergency funding opportunities, and other related administrative actions consistent with applicable law.
7) The City Council shall review the emergency action at subsequent regularly scheduled meetings as required by California Public Contract Code Section 22050 until the emergency action has been completed.
- 3 -
The above and foregoing Resolution was introduced by Councilmember ________, seconded by Councilmember ________, and passed and adopted at a regular meeting of the City Council of the City of Fort Bragg held on the ____ day of ________, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Jason Godeke
Mayor
ATTEST:
Diana Paoli
City Clerk