CC RESOLUTION 4765RESOLUTION NO. 4765
A RESOLUTION ADOPTED PURSUANT TO PUBLIC
CONTRACTS CODE § 20168 FINDING THAT AN
EMERGENCY EXISTS WITHIN THE CITY AND
AUTHORIZING CONTRACTING WITHOUT THE NEED FOR
BIDDING PURSUANT TO § 22050.
The City Council does resolve as follows:
SECTION 1: The City Council finds and declares as follows:
A. Pursuant to Public Contracts Code ( "PCC ") § 20168, the City Council may,
upon a four -fifths vote, declare that public interest and necessity demand
the immediate expenditure of public money to safeguard life, health, or
property because of an emergency.
B. In accordance with PCC §§ 20168 and 22050, the City Council 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.
C. On Wednesday, November 30 — Thursday, December 1, 2011 Southern
California experienced unusually high winds. Among other things, the
winds caused damage at "The Lakes" to the netting and wooden /metal
poles at the driving range, snapping approximately 10 of the wooden poles
and several of the metal extensions. The Golf Course Driving Range is
now inoperable.
D. In compliance with applicable law, and to protect public, health, safety and
welfare, the City took immediate emergency action to close the driving
range in accordance with El Segundo Municipal Code ( "ESMC ")§ 1 -7 -12.
E. The repair /replacement of the netting and poles constitutes a sudden,
unexpected occurrence that poses a clear and imminent danger to the
City property, its citizens, and employees and adjacent properties. This
threat requires immediate action to prevent or mitigate the loss or
impairment of essential public services. There is an imminent danger to
public health and safety for several reasons including, without limitation:
(1) people and /or property could be severely impacted should the
structural integrity of the remaining wood poles fail and the poles topple;
(2) the threat of falling poles on the adjacent WBMWD chemical reservoir;
and (3) the potential harm to people and property of golf balls leaving the
facility if the poles and netting are not immediately replaced.
F. Under such emergency conditions, the City Council finds that the delay
resulting from public bidding would imperil essential public services.
1.
SECTION 2: In light of the emergency described above, the City Council directs the
City Manager, or designee, to take all steps necessary to protect public health, safety
and welfare including, without limitation, awarding contracts in accordance with PCC §
22050.
SECTION 3: This Resolution will become effective immediately upon adoption and
remain effective unless superseded by a subsequent resolution.
SECTION 4: The City Council will review this emergency action at its next regularly
scheduled meeting and at every regularly scheduled meeting thereafter until the work
described above is completed. The Council must determine by a four -fifths vote that
there is a need to continue the work at each meeting.
PASSED AND ADOPTED this 6th day of December, 2011.
Eric Busch, Mayor
ATTEST:
Cindy Mortesen, City Clerk
APPROVED AS TO FORM:
Mark D. , City Attorney
By:
:L' - �
Karl H. terger, Assistant City Attorney
2.