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Home My WebLink AboutCC AG PKT 2013-05-29 #G AGENDA STAFF REPORT DATE: May 29, 2013 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Jim Basham, Community Development Director SUBJECT: DECLARATION OF A NUISANCE AND EMERGENCY AT THE RESTAURANT BUILDING ON THE SEAL BEACH PIER AND APPROVAL OF WORK OF URGENT NECESSITY PURSUANT TO THE CITY CHARTER AND AUTHORIZING THE CITY MANAGER TO LET REPAIR CONTRACTS WITHOUT ADVERTISING FOR BIDS SUMMARY OF REQUEST: That the City Council adopt Resolution No. 6375 declaring that the conditions of the restaurant at the end of the Seal Beach Pier constitute a nuisance and have created an emergency and urgent necessity pursuant to Municipal Code Chapter 7.35 and City Charter Sections §107 and §1010, and to authorize Budget Modification No. 13-10-02 in the amount of $100,000 to complete the repairs necessary to abate the nuisance. BACKGROUND AND ANALYSIS: Staff conducted an inspection of the restaurant space on the Seal Beach Pier on January 8, 2013, immediately after it was vacated by the last tenant to occupy the premises. The inspection revealed abandoned furniture and fixtures and multiple structural deficiencies and unsafe conditions, including but not limited to- Rusted electrical boxes and exposed wiring throughout the building; Cracked, exposed, uneven, and deteriorating flooring throughout the kitchen and dining area; • An accumulation of substantial amounts of bird excrement in the subflooring; moisture and leaking pipes due to rusted and deteriorating plumbing; and • Deteriorating and cracked floors, which has exposed asbestos containing materials. Agenda Item Q It was also discovered that the bathrooms adjacent to the building had been broken into and vandalized. The City subsequently secured the building and boarded up the bathrooms to minimize any additional vandalism. The condition of the building constituted a public nuisance pursuant to §7.35.010 of the Seal Beach Municipal Code, which states in part: "A public nuisance is any violation of this code or anything injurious to health, indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property by a neighborhood or by a considerable number of persons even where the annoyance or damage inflicted upon individuals is unequal." The California Coastal Act recognizes a city's power to declare a nuisance within the Coastal Zone. Public Resources Code §30005(b). Based on conditions of the building, the City Manager determined that immediate action was necessary to abate the nuisance as quickly as possible and authorized staff to solicit bids for the immediate repair of the building including, the immediate abatement of asbestos containing materials, repair and replacement of electrical, plumbing and water lines, removal of moisture exposed nonbearing partitions, and repair of the floor and subfloor. JH General Contractors, Jarvis Restoration, and Critter Gitter were selected to conduct the necessary repairs. The work is currently in progress. The City Council is asked at this time to ratify the City Manager's decision and approve a budget amendment to account for the cost of emergency repairs to the building through adoption of the attached resolution. Based upon the bids, the City is currently programmed to spend $65,000. However, staff seeks a budget amendment of $100,000 in the event additional emergency repair work is required. ENVIRONMENTAL IMPACT: Adoption of the proposed resolution is exempt from the California Environmental Quality Act. LEGAL ANALYSIS: The City Attorney has reviewed the proposed resolution and approved it as to form. Page 2 FINANCIAL IMPACT: A budget adjustment in the amount of $100,000 is required to complete the emergency repairs. RECOMMENDATION: That the City Council adopt Resolution No. 6375 declaring that the conditions of the restaurant at the end of the Seal Beach Pier constitute a nuisance and have created an emergency and urgent necessity pursuant to Municipal Code Chapter 7.35 and City Charter Sections §107 and §1010, and to authorize Budget Modification No. 13-10-02 in the amount of $100,000 for account number 001- 052-44000 to complete the repairs necessary to abate the nuisance. EMITTED BY: NOTED AND APPROVED: M'TTED By' im Basham, Ingram, City t9ager o ommu ity v mmunity bevelopment Director Attachments: A. Resolution No. 6375 Page 3 RESOLUTION NUMBER 6375 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DECLARING A NUISANCE AT THE RESTAURANT BUILDING ON THE SEAL BEACH PIER, DEEMING CERTAIN WORK TO BE OF URGENT NECESSITY PURSUANT TO THE CITY CHARTER AND RATIFYING THE CITY MANAGER'S DECISION TO LET REPAIR CONTRACTS WITHOUT ADVERTISING FOR BIDS THE SEAL BEACH CITY COUNCIL DOES HEREBY FIND AND RESOLVE: Section 1. On January 8, 2013, City staff inspected the restaurant building(the "building")at the end of the Seal Beach Pier and discovered abandoned furniture and fixtures and multiple structural deficiencies and unsafe conditions, including but not limited to: rusted electrical boxes and exposed wiring throughout the building; cracked, exposed, uneven, and deteriorating flooring throughout the kitchen and dining area; an accumulation of substantial amounts of bird excrement in the subflooring; moisture and leaking pipes due to rusted and deteriorating plumbing; and deteriorating and cracked floors, which has exposed asbestos containing materials. It was also discovered that the bathrooms adjacent to the building had been broken into and vandalized, Based on the results of the inspection, City staff determined that certain urgent repairs are needed for the building, Section 2. Seal Beach Municipal Code Section 7.35.010 defines a public nuisance to include: "...anything which is injurious to health, indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property by a neighborhood or by a considerable number of persons.... The city council shall have the power to declare by resolution that any particular act or condition constitutes a nuisance." Section 3. Based on the conditions of the building, the City Manager determined that immediate action was necessary to abate the nuisance as quickly as possible and authorized the solicitation of bids for the immediate repair of the building including: the immediate abatement of materials containing asbestos; repair and replacement of electrical, plumbing and water lines; removal of moisture exposed nonbearing partitions; and repair of the floor and subfloor. JH General Contractors and Critter Gitter were selected to conduct the necessary repairs. The work is currently in progress. Section 4. Based upon the foregoing and upon the entirety of the record, including but not limited to the staff report and other evidence submitted at the council meeting,the City Council hereby finds and declares as follows: A. The dangerous condition of the building was a threat and injurious to the public health, safety and welfare and constituted a public nuisance that required immediate abatement. In the absence of repair, access to the end of the pier, including access for coastal uses such as fishing, would have had to be terminated or severely restricted. The repair needed to be implemented so that the coast and its precious resources would no longer be threatened. The action was the least environmentally damaging alternative. Any delays would have adversely affected the users and visitors to the pier. B. The need to abate the public nuisance caused by the condition of the building public constituted an emergency pursuant to City Charter Section 107 and a matter of urgent necessity as that term is used in City Charter Section 101. Resolution Number 6375 Section 5. Based upon the foregoing, and in accordance with City Charter Section 1010, the Council deems that the work, supplies, and materials needed to repair the building were of urgent necessity for the preservation of life, health, or property and hereby ratifies the City Manager's decision to let contracts for the repair of the building without advertising for bids. Section 6. The City Council hereby authorizes Budget Modification No. 13-10- 02 in the amount of $100,000 to complete the repairs necessary to abate the nuisance to the building. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 29th day of May , 2013 by the following vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: Mayor ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6375 on file in the office of the City Clerk, passed, approved, and adopted by the Seal Beach City Council at a regular meeting held on the 29th day of May , 2013. City Clerk