HomeMy WebLinkAboutCC Res 6448 2014-04-14 RESOLUTION NUMBER 6448
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
DECLARING A NUISANCE, DEEMING CERTAIN WORK TO BE
OF URGENT NECESSITY PURSUANT TO THE CITY CHARTER
RATIFYING THE CITY MANAGER'S DECISION TO APPROVE
CERTAIN REPAIR WORK WITHOUT ADVERTISING FOR BIDS
FOR A NEW CONTRACT, AND DECLARING WORK TO BE
COMPLETED PER CONTRACT DOCUMENTS FOR PIER PLAZA
STORAGE VAULT REPAIRS PROJECT NO. BP1401
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. In 2012, the City became aware of possible structural deficiencies
in the Pier Plaza Storage Vault (Vault) located adjacent to Main Street and to
Ocean Avenue on the southeastern side of the pier. The area directly above the
vault was cordoned off and a structural engineering firm, Dale Christian
Structural Engineers, was contracted to perform a Limited Structural Investigation
(LSI) to determine if the room was damaged and needed repairs or if the City
could reopen the viewing area above the room. The LSI identified structural
deficiencies in the storage room, including the roof. The parking/viewing area
above the storage room was therefore cordoned off to the general public.
Section 2. On January 27, 2014, the City Council awarded a contract to
Golden State Constructors, Inc. (Contractor) for the Pier Plaza Storage Vault
Repairs Project No. BP1401 (Project) in the amount of $38,400 to repair the
storage room and make the room and the viewing area directly above,
structurally safe.
Section 3. On March 4, 2014, during the scheduled demolition of the roof and
• parts of the walls to the Vault, parts of the existing walls that were expected to
remain as part of the Project crumbled and were destroyed. It was also
discovered that the remaining retaining walls were more severely deteriorated
than the prior inspection could have determined. These remaining retaining walls
were holding up parts of Eisenhower Park and certain beach viewing areas.
Based on the results of an inspection, City staff determined that certain urgent
repairs are needed to prevent a full collapse.
Section 4. Section 7.35.010 of the Seal Beach Municipal Code 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` dity council shall have the
power to declare by resolution that any particular act or condition
constitutes a nuisance. ‘4
Section 5. Based on the conditions of the Vault, the City Manager determined
that immediate action was necessary to abate the nuisance as quickly as
possible and authorized the Contractor to perform certain work beyond the scope
of the Project, including the addition of two new interior walls, flush with the
existing fractured walls, so that the new roof could be tied into newly poured
walls with new rebar. The additional work has been completed by the Contractor
and the City Engineer has determined that the Project and additional repairs
have been substantially completed in accordance with the contract documents.
Section 6. 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 Vault was a threat and injurious to
the public health, safety and welfare and constituted a public nuisance that
Resolution Number 6448
required immediate abatement. In the absence of repair, there was an
immediate danger that retaining walls were holding up parts of Eisenhower Park
and certain beach viewing areas would collapse. 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 beach and
Eisenhower Park.
B. Repairing the Vault constitutes: an emergency pursuant to City
Charter Section 107; a matter of urgent necessity as that term is used in City
Charter Section 1010; and a nuisance pursuant to Municipal Code Chapter 7.35.
Section 7. Based upon the foregoing, and in accordance with City Charter
Section 1010, the Council deems that work, supplies and materials needed to
repair the Pier Plaza Storage Vault are of urgent necessity for the preservation of
life, health or property and hereby ratifies the City Manager's decision to approve
the additional repair work without advertising for bids for a new contract.
Section 8. The work required to be performed by Contractors has been
completed and accepted. A "Notice of Completion" shall be filed on behalf of the
City in the Office of the Orange County Recorder within 10 days of the date of
this resolution.
Section 9. The Council hereby approves Budget Amendment No. 14-10-02 for
the cost of repairing the Vault to modify the Fiscal Year 2013/2014 budget as
follows:
REVISED/
ADOPTED PROPOSED BUDGET (diff)
DESCRIPTION ACCOUNT BUDGET BUDGET AMENDMENT
Contract Professional 045-333-44000 $8,014,319 $8,034,319 $20,000
Transferin 045-000-31500 $8,014,319 $8,304,319 $20,000
Transfer Out 001-080-47000 $6,921,298 $6,641,298 $20,000
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a
regular meeting held on the 14th day of April , 2014 by the following vote:
AYES: Council Members . /.:6.0aida%t / it
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NOES: Council Members
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ABSENT: Council Members 9, r"�w
ABSTAIN: Council Members 71139
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Mayor
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Cit• Clerk ''FgoUNt C"."--
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 6448 on file in
the office of the City Clerk, passed, approved, and adopted by the City Council at
a regular meeting held on the 14th day of April , 2014.
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Cit Clerk k` CUMTV