HomeMy WebLinkAboutCC Res 6375 2013-05-29 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
111
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. I
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:
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AYES: Council Members: A .t./lip (S//�// i i _ AA". i
NOES: Council Members: fr
ABSENT: Council Members: in i
ABSTAIN: Council Members: 4 _ I.
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City/Clerk
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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