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HomeMy Public PortalAbout2019.115 (09-03-19) RESOLUTION NO. 2019.115 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD FINDING THAT THERE IS A NEED TO CONTINUE THE EMERGENCY ACTION PURSUANT TO PUBLIC CONTRACT CODE SECTION 22050(c)(1) WITH THE RESPECT TO THE REPAIR OF PALM AVENUE FROM BULLIS ROAD TO THE END OF THE STREET TO THE EAST BY WAY OF A FOUR-FIFTHS VOTE OF ITS MEMBERS WHEREAS, Palm Avenue from Bullis Road to Muriel Drive received "Very Poor" condition under the City's 2017 Pavement Management Program Report; and WHEREAS, staff observed sink holes at Palm Avenue and after excavation, further found that muddy soil was found at a shallow depth and dry soil at 7 feet deep, and sewer line and laterals that were sagging at certain locations; and WHEREAS, to avoid further deterioration, the Director of Public Works determined that an emergency exists and recommended the repair of Palm Avenue to the City Manager; and WHEREAS, on May 7, 2019, pursuant to Public Contract Code Section 22050(c)(2), the City Council initially reviewed the emergency action taken by the City Manager and approved appropriation for the water line installation and road repair; and WHEREAS, Public Contract Code Section 22050 allows for repair or replacement of 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, Resolution No. 2017.251 delegated authority to the City Manager or his or her designee to order an action specified under the California Public Contract Code Section (a)(1) pursuant to Section 22050(b); and WHEREAS, the City Manager hereby reports to the City Council that pursuant to a recommendation from the Public Works Director that the emergency still exists at Palm Avenue with the continued presence of sink holes, muddy soil at shallow depths, sewer line and laterals sagging a various locations therefore emergency action has not yet been terminated. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: Section 1. That the City Council has reviewed the emergency action and finds that by way of a four-fifths vote of its members, finds that there is a need to continue the action pursuant to Public Contract Code Section 22050(c)(2). Section 2. This resolution shall take effect immediately upon its adoption. 1 Section 3. The City Clerk shall certify as to the adoption of this City Council Resolution. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lynwood, California this 3rd day of September 2019. Jo - Luis Solache, Mayor ATTEST: 111 /A Jim _ „ Maria Quinonez, Jose meteotl, City Clerk j City Manager APPROVED AS TO FORM: Noel Tapia, City Attorney 2 STATE OF CALIFORNIA ) ) § COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of said City at its regular meeting thereof held in the City Hall of the City on the 3rd day of September, 2019 and passed by the following vote: AYES: COUNCIL MEMBERS CASANOVA, SANTANA, MAYOR PRO TEM CASTRO, AND MAYOR SOLACHE NOES: COUNCIL MEMBER ALATORRE ABSTAIN: NONE ABSENT: NONE aria Quinonez, City Clerkdir) STATE OF CALIFORNIA ) ) § COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No. 2019.115 on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this 3rd day of September, 2019. aria •uinonez, / City Clerk • 3