HomeMy Public PortalAbout2022.264 (09-20-22)RESOLUTION NO. 2022.264
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
TERMINATING AN EMERGENCY ACTION PREVIOUSLY TAKEN ON
THE EMERGENCY REPAIR OF WELL NO.19 PURSUANT TO PUBLIC
CONTRACT CODE SECTION 22050
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 was 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
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 approved emergency work at Well No. 19 has been completed
and the well was approved by the State Water Resources Control Board, Division of
Drinking Water to go back into operation on July 31, 2022; and
WHEREAS, there is no more need to continue the emergency action.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
HEREBY FIND, PROCLAIM, ORDER AND RESOLVE AS FOLLOWS:
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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 terminates the emergency action at Well No.
19 and finds that any remainder of the emergency action may be completed by
submitting the Notice of Completion and file all necessary documentation to close out
the project.
Section 3. That the City Council 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.
Section 5. The City Clerk shall certify as to the adoption of this City Council
Resolution.
PASSED, APPROVED and ADOPTED this 20th day of September, 2022.
ATTEST:
Maria ouinbnez,
City Clerk
APPROVED AS TO FORM:
Noel Tapia,
City Attorney
Jorge
rnie Her
City Ma
APPROV D AS TO CONTENT:
T. Fattahi,
cting 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 20th day of September, 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. 2022.264 on file in my office and that said
Resolution was. adopted on the date and by the vote therein stated. Dated this 20th day
of September, 2022.
aria Quinonez,
City Clerk
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