2011 DEC 06 - CC PACKET SPC REVREVISED
SPECIAL MEETING
AGENDA
EL SEGUNDO CITY COUNCIL
WEST CONFERENCE ROOM - 350 Main Street
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REVISED
(ADDING ITEM #2 UNDER SPECIAL MATTERS)
SPECIAL MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, DECEMBER 6, 2011 — 4:30 P.M.
CALL TO ORDER
ROLL CALL
PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30
minute limit total). Individuals who have received value of $50 or more to communicate to the City Council on behalf of
another, and employees speaking on behalf of their employer, must so identify themselves before addressing the City Council.
Failure to do so is a misdemeanor and punishable by a fine of $250.
SPECIAL MATTERS: -2- matter
I. Interview of candidates and potential appointments to the Investment Advisory
Committee and the Community Cable Advisory Committee.
2. Consideration and possible action to adopt a resolution pursuant to Public Contract
Code § 20168 finding that an emergency exists and authorizing contracting without the
need for bidding pursuant to Public Contract Code § 22050 for repairing and improving
netting and poles at the Lakes Golf Course driving range
Recommendation 1) adopt a resolution pursuant to Public Contract Code § 20168 finding that
an emergency exists and authorizing contracting without the need for bidding pursuant to
Public Contract Code § 22050 for repairing and improving netting and poles at the Lakes Golf
Course driving range; and 2) take such additional, related, action that may be desirable.
ADJOURNMENT
POSTED:
DATE:
TIME:
NAME: M UY�1 f� �;-� LrLY ,J
2
EL SEGUNDO CITY COUNCIL MEETING DATE: December 6, 2011
AGENDA STATEMENT AGENDA HEADING: Special Matters
AGENDA DESCRIPTION:
Consideration and possible action to adopt a resolution pursuant to Public Contract Code
§ 20168 finding that an emergency exists and authorizing contracting without the need
for bidding pursuant to Public Contract Code § 22050 for repairing and improving netting
and poles at the Lakes Golf Course driving range and authorizing the City Manager to
execute an agreement with Judge Netting, Inc. (Fiscal Impact: $400,000)
RECOMMENDED COUNCIL ACTION:
1. Adopt a draft resolution pursuant to Public Contract Code § 20168.
2. Authorize the City Manager to execute a public works contract with Judge Netting,
Inc. (an Arizona Corporation) in a form approved by the City Attorney.
3. Take such additional, related, action that may be desirable.
ATTACHED SUPPORTING DOCUMENTS:
Draft resolution.
FISCAL IMPACT: Budget Adjustment Required
Amount Budgeted: $0
Additional Appropriation: Yes $287,000.00
Account Number(s): Continuing Appropriations: 503- 400 -5301 -8104 ($43,000);
503- 400 -5302 -6215 ($9,500); 503- 400 -5307 -6215 ($10,500);
FY 11 -12: 503- 400 -5301 -8104 ($60,000); 601- 400 -5301 -8104
($45,000); 405- 400 - 0000 -6215 ($119,000)
ORIGINATED BY: 4 Stephanie Katsouleas, Public Works Director
ll�
REVIEWED BY: Bob Cummings, Recreation and Parks Director
APPROVED BY: Doug Willmore, City Managerv,,,,,,,,4/
BACKGROUND AND DISCUSSION:
About 20 years ago 75 -foot wooden telephone -type poles were installed around The Lakes to
secure netting for the driving range. It was later determined that the nets were too low to prevent
golf balls from being driven out of the facility. Subsequently, 20 foot metal extensions were
affixed to the top of the wooden poles. While the extended net height of 95 feet was better, it is
still too low to contain all of the golf balls within the range.
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 driving range is now closed and will remain
closed until the remaining poles can be removed and new netting and poles can be installed to
prevent golf balls from exiting the property.
Emergency Justification
Many of the wooden net poles have broken and staff is concerned that the structural integrity of
remaining poles may have been compromised in the recent wind storm. Although some poles
have been reinforced with steel guy wires and anchors, there is concern that additional moderate
to high winds could cause further damage, thereby negatively impacting the long term success of
the current repairs. There is also concern that if any of the remaining poles on the south side of
the golf range fall, there will be additional damage to the West Basin Municipal Water District
( WBMWD) facility, specifically its chemical reservoir.
An engineer from Judge Netting who specializes in golf course and driving range fencing has
assessed the situation and will not endorse the current wooden poles with metal extensions at the
current height of 95 ft. His recommendation is to replace the wooden poles with new taller steel
poles that can sustain winds and allow for the required and necessary height of 120 ft. Replacing
the 20 year old wooden net poles with new taller steel poles will 1) virtually eliminate the
possibility of winds bringing the poles down, 2) significantly reduce the number of golf balls
leaving the facility and 3) provide a reasonable and necessary level of protection and safety to
the public and adjacent facilities.
The increased height requires that the Director of Planning and Building Safety review the
proposed modification and determine whether to require a CEQA assessment. Greg Carpenter,
the City's Planning and Building Safety Director, has reviewed the plans and has determined that
additional CEQA review is not required.
Ordinarily, the Public Contracts Code ( "PCC ") requires formal bidding for all public works
projects. PCC § 20168, however, allows the City Council to adopt a resolution by four -fifths
vote "declaring that the public interest and necessity demand the immediate expenditure of
public money to safeguard life, health or property." Pursuant to this section and PCC § 22050,
the City Council may by -pass bidding requirements ordinarily required under the PCC. An
"emergency" is defined as "a sudden, unexpected occurrence that poses a clear and imminent
danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health,
property, or essential public services."
Here, 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.
Funding
It is estimated that replacing the net poles on both the north and south sides will cost
approximately $400,000. It is also estimated that insurance will pay for about $113,000, which
represents the cost of replacing the current wood poles to their original condition. However,
since it has been determined that the original height of 75 ft is inadequate to prevent golf balls
from leaving the facility and that poles providing 120 ft height must be made of steel, staff is
recommending that City Council authorize both the emergency repair and upgrade for an
additional $287,000.00. There is approximately $168,000.00 available in The Lakes Golf
Course budget, leaving a balance of $119,000.00 that would need to be covered by the General
Fund.
Timeline
Judge Netting has indicated they could have new metal poles delivered within a week and
installed in about three weeks.
RESOLUTION NO.
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.
Resolution No.
Page 1 of 3
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.
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
Karl H. Berger, Assistant City Attorney
Eric Busch, Mayor
Resolution No.
Page 2 of 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO 1
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, DO HEREBY
CERTIFY that the whole number of members of the City Council of the said City is five;
that the foregoing resolution, being RESOLUTION NO. was duly passed and
adopted by the said City Council, approved and signed by the Mayor of said City, and
attested by the City Clerk of said City, all at a regular meeting of the said Council held
on the day of , 2011, and the same was so passed and
adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTION:
NOT PARTICIPATING:
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of
, 2011.
Cindy Mortesen, City Clerk
Of the City of El Segundo,
California
(SEAL)
Resolution No.
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