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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.