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HomeMy Public PortalAbout2022.087 (05-17-22) RESOLUTION NO. 2022.087 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 PUBLIC CONTRACT CODE SECTION 22050(c)(1) WITH RESPECT TO THE EMERGENCY REHABILITATION ON WELL NO. 19 WHEREAS, Well No. 19 produces water at 2,054 acre feet per year; and WHEREAS, Well No. 19 water production is almost half of the City's entire water system; and WHEREAS, staff has observed that Well No. 19 started producing an overwhelming amount of sand and silt during normal pumping and subsequent videos of the well exposed the holes in the well casing; and WHEREAS, upon recommendation from the City's Utility Services Manager and Acting City Engineer, immediate rehabilitation of Well No. 19 is needed to resolve water quality issues and to bring the well back into production, and WHEREAS, it is cost-effective to conduct the optional zone sampling at a cost of $49,690 while the well is off-line; 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 production and presence of an overwhelming amount of sand and silt during normal pumping and subsequent videos of Wells No. 19 and the existence of holes in the well casing has 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 I 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 competitive bidding requirements to engage a consultant to assess and expose Well No. 19 deficiencies as evidenced by the significant presence of sand and silt as well as holes to the well casing, and WHEREAS, the City Council authorized the City Manager to begin emergency rehabilitation work which includes backfifling the well, brushing of the casing with Sterilene to remove bio-fouling, patching the seven (7) holes in the well casing, changing the pump from oil to water lubrication, and disinfecting the well and approves the additional optional work on the zone sampling while the well is offline; and WHEREAS, the approved emergency work at Well No. 19 has not yet been completed, thus requiring continuation of the emergency work. 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 17th day of May, 2022. Jorge-es��� Mayor ATTEST: Maria Quifi6nez Ernie H m ndez City Clerk City M ona er 2 APPROVED AS TO FORM: APPROVED AS TO CONTENT: _ r OldD Noel Tapia I Mir . Fattahi City Attorney A ting City Engineer 3 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 17th day of May, 2022. AYES: COUNCIL MEMBERS FLORES, MAYOR PRO TEM SOLACHE AND MAYOR CASANOVA NOES: NONE ABSENT: COUNCIL MEMBERS SANTANA AND SOTO ABSTAIN: NONE aria 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. 2022.087 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 17t" day of May, 2022. 1 Maria Quinonez, City Clerk 4