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HomeMy Public PortalAbout2022.067 (04-19-22) RESOLUTION. 2022.067 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD FINDING THAT THERE IS A NEED TO CONTINUE THE EMERGENCY ACTION BY WAY OF A FOUR-FIFTHS VOTE OF ITS MEMBERS, PURSUANT TO THE PUBLIC CONTRACT CODE SECTION 22050(c)(1) WITH RESPECT TO THE EMERGENCY REPAIRS AT WELL NO. 19 WHEREAS, In December 2021, the well equipment was taken off-line to mitigate water quality issues. An initial investigation and report were provided to begin emergency work on the Well totaling to $76,849 in emergency repairs; and WHEREAS, additional emergency work that is needed includes backfilling the well with 850 feet of approved gravel, brushing the casing with Sterilene to remove the bio-fouling, patching the seven (7) holes in the well casing, changing the pump from oil to water lubrication for water quality, and disinfecting the well to complete the rehabilitation. Staff also recommends to perform optional zone sampling to provide a profile of the water quality to determine where the manganese issue is to isolate that zone and improve water quality since the well is already off-line; and WHEREAS, based on the recommendation from the Acting City Engineer on the immediate repairs needed, the City Manager approved the emergency actions waiving the informal competitive bidding requirements; and WHEREAS, California Public Contract Code Section 22050 provides that in the case of an emergency, a city, pursuant to a 4/5s 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 provided the public agency is able to make a finding, based on substantial evidence, 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; and WHEREAS, California Public Contract Code Section 22050 provides that in the case of an emergency, a city, pursuant to a 4/5s vote of its governing body, a public agency may delegate to the City Manager the authority to order any action pursuant to California Public Contract Code Section 22050(a)(1) to address the emergency; and WHEREAS, on April 5, 2022, the City Council found that there is substantial evidence in the record demonstrating that emergency action is needed to place Well No. 19 back into production. Examples of the emergency work needed includes backfilling the well with 850 feet of approved gravel, brushing the casing with Sterilene to remove the bio-fouling, patching the seven (7) holes in the well casing, changing the pump from oil to water lubrication for water quality, and disinfecting the • well to complete the rehabilitation. Staff also recommends to perform optional zone sampling to provide a profile of the water quality to determine where the manganese 1 issue is to isolate that zone and improve water quality since the well is already off-line. The needed work created an emergency requiring immediate action to procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts; and WHEREAS, the City Council delegated the authority to the City Manager or his or her designee upon recommendation from the Director of Public Works and/or City Engineer the authority to order any action pursuant to the California Public Contract Code Section 22050 (a)(1) including the waiving of formal or informal competitive bidding requirements to perform the needed work in order to place Well No. 19 back into production. 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. Section 3. The City Clerk shall certify as to the adoption of this City Council Resolution. PASSED, APPROVED and ADOPTED this 19th day of April, 2022. Jorge` a nova, Ma • ATTEST: 1 r-; 4 aria Quinonez i ' 411.1 Erni- nandez, City Clerk City ager APPROVED AS TO FORM: APPROVED AS TO CONTENT: 4_Ljve_,PC—T Noel Tapia, Mir T. Fattahi, City Attorney Acting City Engineer 2 STATE OF CALIFORNIA ) ) § COUNTY OF LOS ANGELES ) I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a meeting held on the 19th day of April, 2022. AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO TEM SOLACHE AND MAYOR CASANOVA NOES: NONE ABSENT: NONE ABSTAIN: NONE Maria Quinonez," City Clerk STATE OF CALIFORNIA ) ) § COUNTY OF LOS ANGELES ) I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. 2022.067 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 19th day of April, 2022. Maria Quinonez, City Clerk 3