HomeMy Public PortalAbout2022.078 (05-03-22) RESOLUTION NO. 2022.078
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 RENOVATIONS AND
EMERGENCY REPAIRS AT THE NATATORIUM
WHEREAS, on March 1 , 2022, the City Council by minute action approved
the recommended repairs at the Natatorium, the City's pool and the budget of
$5,000,000 for these repairs; and
WHEREAS, the patio wall shows major signs of compromised structural
deficiencies, the pool deck shows evidence of detaching and cracking throughout the
surface of the pool deck, the electrical system requires replacement to prevent electrical
shorts and possible fire, and the pool wall requires replacement to avoid collapse; and
WHEREAS, based on the recommendation from the Acting City Engineer on
the immediate repairs of the patio wall, pool deck floor, electrical and interior wall
to the City Manager, 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 the patio wall shows major signs of
compromised structural deficiencies, the pool deck shows evidence of detaching and
cracking throughout the surface of the pool deck, the electrical system requires
replacement to prevent electrical shorts and possible fire, and the pool wall requires
replacement to avoid collapse has created an 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
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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 tear down and replace the patio wall, to replace the pool deck,
to upgrade the electrical system, and to replace the pool wall.
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 3rd day of May, 2022.
Jorge nova
Mayor
ATTEST:
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Ma is uinonez Ernie H ndez
City Clerk City M a er
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
ATw,"
Noel Tapia Vir T. Fatt i
City Attorney Acting Cit ngineer
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
I, 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 regular meeting held on the 3rd day of May 2022, and passed by the
following votes:
AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO AND MAYOR PRO
TEM SOLACHE
NOES: NONE
ABSENT: MAYOR CASANOVA
ABSTAIN: NONE
Maria Quinonez,
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
I, 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. 2022.078 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 May 2022.
"o--1 au'44
Maria Quinonez,
City Clerk tb
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