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Home My WebLink AboutCC AG PKT 2013-08-26 #GAGENDA STAFF REPORT DATE: August 26, 2013 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Sean P. Crumby P.E., Director of Public Works SUBJECT: DECLARATION OF A PUBLIC NUISANCE ON 13TH STREET 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. 6402 declaring damage to 13th Street constitutes a public nuisance and that the damages have created an emergency and urgent necessity pursuant to Municipal Code Chapter 7.35 and City Charter Sections §107 and §1010, and authorizing the City Manager to execute repair contracts as necessary without advertising for bids. BACKGROUND AND ANALYSIS: On July 15, 2013, Atlas Environmental Engineering, Inc. ( "Atlas ") was conducting Hydrogen Peroxide injection remediation at a monitoring well (MW17) location on 13th Street just south of Pacific Coast Highway. Atlas is the environmental consultant hired by G &M Oil owners of the Chevron service station at 13th Street and PCH. The area around this groundwater monitoring well is known to contain contaminants associated with a former release of petroleum hydrocarbons from the G &M Oil property and documented in a Supplemental Corrective Action Plan (SCAP) prepared by Atlas. This SCAP was approved by the Orange County Health Care Agency (OCHCA) and Atlas is only approved to perform work in accordance with the SCAP. During remediation work performed by Atlas, a portion of the public right -of -way surrounding well MW17 failed. The City subsequently closed down 13th Street from PCH to Landing Avenue until the damage could be reviewed and repaired. Knowing that any roadway reconstruction could potentially contain hazardous materials, staff contacted Frey Environmental (Frey), who is the City's contracted Underground Storage Tank Remediation consultant, to provide the City with an estimate to oversee and conduct roadway reconstruction, possible environmental Agenda Item G permitting, contaminated soil excavation, restoration activities completed under a South Coast Air Quality Management District permit, and subsequently haul contaminated soil off -site to a treatment facility. All costs associated with construction, permitting, road closure /reopening, consultation, and inspecting along with staff time will be submitted to G &M Oil for full reimbursement once completed. The dangerous condition of 13th Street is a threat to the public health, safety and welfare, and constitutes a public nuisance per section §7.35.010 of the Seal Beach Municipal Code which states in part: "A Public Nuisance is... 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." Based upon the condition of 13th Street, the City Manager determined that immediate action was necessary to abate the nuisance as quickly as possible and authorized staff to proceed with the immediate repair and reconstruction of the damaged portion of 13th Street. Staff is requesting that the City Council ratify the City Manager's decision to authorize emergency work to reconstruct the portion of 13th Street damaged by Altas, working on behalf of G &M Oil. ENVIRONMENTAL IMPACT: Adoption of the proposed resolution is exempt from the California Environmental Quality Act (CEQA). Section 21080(b)(4) of the Public Resources Code, provides that CEQA does not apply to "Specific actions necessary to prevent or mitigate an emergency." "'Emergency' means a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate Toss of, or damage to, life, health, property, or essential public services. 'Emergency' includes such occurrences as fire, flood, flood, earthquake, or other soil or geologic movements as well as such occurrences as riot, accident, or sabotage." Pub. Res. Code 21060.3. The sudden, unexpected damage at 13th Street and potential release of hazardous materials constituted an emergency demanding immediate action pursuant to Section 21080(b)(4) of the Public Resources Code. Page 2 LEGAL ANALYSIS: The City Attorney has reviewed the proposed resolution and approved it as to form. FINANCIAL IMPACT: On July 18, 2013, an initial estimate of $94,000.00 for the work was mailed to G &M Oil as Frey Environmental began the work. On July 22, 2013, the work to repair 13th Street was concluded. The final total cost for all work involved in reconstructing 13th Street, including all construction, inspection, and staff time, involved is $44,706.09. A second letter was mailed on August 7, 2013 with an invoice to G &M Oil requesting reimbursement. A capital project number (ST1499) was set up to track the cost for this emergency repair. When the funds are received, the capital project fund (045- 333 - 44000) will be reimbursed. If G &M Oil does not reimburse the City, a budget amendment will be brought forward and further action will be pursued to collect the funds. RECOMMENDATION: That the City Council adopt Resolution No. 6402 declaring damage to 13th Street constitutes a public nuisance and that the damages have created an emergency and urgent necessity pursuant to Municipal Code Chapter 7.35 and City Charter Sections §107 and §1010, and authorizing the City Manager to execute repair contracts as necessary without advertising for bids. SUBMITTED BY: Sean P. Crumby, P.E. Director of Public Works Prepared by: David Spitz, Associate Engineer Attachments: A. Resolution No. 6402 Page 3 NOTED AND APPROVED: . Ingram, Cit M anager RESOLUTION NUMBER 6402 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DECLARING A NUISANCE ON 13TH STREET SOUTH OF PACIFIC COAST HIGHWAY, DEEMING CERTAIN WORK TO BE OF URGENT NEC ESSITY PURSUANT TO THE CITY CHARTER AND RATIFYING THE CITY MANAGER'S DECISION TO LET REPAIR CONTRACTS WJTHOUT ADVERTISING FOR BIDS THE SEAL BEACH CITY COUNCIL HEREBY RESOLVES AS FOLLOWS: Section 1. On July 15, 2013. Atlas Environmental Engineering, Inc. ("Atlas") was conducting Hydrogen Peroxide injection remediation at a monitoring well (MW17) location on 13~ Street just south of Pacific Coast Highway. During remediation work performed by A0|na, a portion of the public right-of-way surrounding well MW17 failed. Staff inspected the condition of the roadway and determined that the road needed to be closed until urgent repairs could be made, Section 2. Section 7.35.010 of the Seal Beach Municipal Code defines a public nuisance as follows: "A Public nuisance is ... anything which is injurious to heakh, indecent or offensive to the oan000, or an obstruction to the free use of pnoperty, 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 Section 3. Based upon the dangerous condition of 13m Street, the City Manager determined that immediate action was necessary to abate the nuisance as quickly as possible and authorized the immediate repair of the roadway including excavation of damaged asphalt and base material, transportation and disposal of contaminated base mo\eho|, and reconstruction of the roadway to a condition where traffic is permitted back on the road. The work has been completed. Section 4. Based upon the foregoing and the record, including but not limited to the staff report and public comment, the Council hereby finds and declares as A. The dangerous condition of the street was a threat and injurious to the public hea|th, safety and welfare and constituted a public nuisance that required immediate abatement. In the absence of repair, access to homes and neighborhoods would be restricted. The repair needed to be implemented so that the roadway could be reopened and access could be returned to those who were adversely affected. B. The need to abate the public nuisance caused by the condition of the street constituted an emergency pursuant to the City Charter Section 107 and a matter of urgent necessity as that term is used in City Charter Section 1010. Section 5. Based upon the foregoing and in accordance with City Charter Section 1010; the Council deems that work, oupplies, and materials needed to repair 13`^ Street are of urgent necessity for the preservation of |ife, hee|th, or property, and hereby ratifies the City Manager's decision to let contracts for the repair of 13th Street without advertising for bids. Resolution Number 6402 PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 26th day of August .2013by 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 } |. Linda Devine, City Clerk of the City of Seal Beooh, do hereby certify that the foregoing resolution is the original copy of Resolution Number 5402 on file iri the office of the City C|nrk, paoo*d, app,oved, and adopted by the Seal Beach City Council at a regular meeting held on the 26th day of August .2013. City Clerk