HomeMy Public PortalAbout2022.230 (07-19-22) RESOLUTION NO. 2022.230
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. The City Council of the City of Lynwood hereby finds and declares
that the foregoing recitals are true and correct, and incorporates them herein as findings
and as a substantive part of this Resolution.
Section 2. 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 3. Authorize the Mayor to execute the Resolution for and on behalf of
the City of Lynwood.
Section 4. This Resolution shall take full force and effect immediately upon
adoption by the City Council.
PASSED, APPROVED and ADOPTED this 19th day of July, 2022.
Jorge
Mayor
ATTEST:
Maria Quinonez Ernie qdrn ndez
City Clerk City Wanader
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APPROVED AS TO FORM: APPROVED AS TO CONTENT:
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Noel Tapia Mir T. Fattahi
City Attorney Acting City Engineer
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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 JULY, 2022.
AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO TEM
SOLACHE AND MAYOR CASANOVA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
,o.
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. 2022.230 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 JULY, 2022.
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Maria Who,
City Clerk
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