HomeMy WebLinkAboutCC Res 6402 2013-08-26 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 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 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 13th Street just south of Pacific Coast Highway. During
remediation work performed by Atlas, 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 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 upon the dangerous condition of 13th 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 material, and reconstruction of the roadway to a
condition where traffic is permitted back on the road. The work has been
completed.
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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
follows:
A. The dangerous condition of the street 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 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, supplies, and materials needed to
repair 13th Street are 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 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 , 2013 by the following vote:
AYES: Council Members: . . inks NA Atea.
NOES: Council Members: 914
ABSENT: Council Members: 111 ABSTAIN: Council Members: �;/�
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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 6402 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 26th day of August , 2013.
Cit Clerk