HomeMy WebLinkAboutCC Res 5515 2006-11-13
RESOLUTION NUMBER 5515
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEAL BEACH DECLARING A NUISANCE, DEEMING
CERTAIN WORK TO BE OF URGENT NECESSITY
PURSUANT TO THE CITY CHARTER AND AUTHORIZING
ABATEMENT AT THE PROPERTY LOCATED AT 343 AND
357 - 12th STREET
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE:
I
Section I. The City recently purchased land and improvements located at 343 and
357 12th Street, Seal Beach, California 90740, more particularly described as Parcel 2 on
Parcel Map 87-131, as per map recorded in Book 233, Pages 15, 16 and 17 of Parcel
Maps, in the Office of the Orange County Recorder (hereinafter referred to as the "site").
The site is predominantly vacant. Sun N Fun, a cooperative preschool program, leases
one classroom, a restroom and an outdoor play area. The remaining eleven classrooms,
bathroom, hallways, and outdoor areas are vacant.
Section 2. With the exception of the Sun N Fun leased area, the site is in very poor
condition and rapidly declining. Reccnt inspections by staff and independent consultants
indicate that the buildings have significantly deteriorated since 2004. The expected wet
weather season will exacerbate the conditions including the severely damaged roof. The
site has been broken into and vandalized several times. In addition, the site poses
immediate fire and environmental concerns requiring immediate action and abatement,
and constitutes a public nuisance per se.
Section 3.
Section 7.35 ofthe Seal Beach Municioal Code provides:
"A public nuisance is ... 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 city
council shall have the power to declare by resolution that any particular
act or condition constitutes a public nuisance."
I
Section 4. The hazardous environmental condition of the buildings is a threat and
injurious to the public health, safety and welfare and constitutes a public nuisance per se.
Leaving the site unabated with dangerous structures intact constitutes a nuisance. The
traditional method of study/designtpermittinglbidlbuild also presents a potential risk to
the environment because of time delays. Upon considering the impacts of the nuisance
upon the environment, this facility is best served by an expedited process to abate the
nuisance including design build.
Section 5. Based .ti"pciri;Uie [;;;egoing, and based upon the record, including but not
limited to the staff report 'and pubtlkt~)timony, the Council hereby finds and declares that
the site (with the exception of the' S~n N Fun classroom and leased outdoor area)
constitutes a public nui.sancJ that re~uires immediate abatement. The proposed
abatement and demolition heeds to be iqlplemented so that the surrounding environment
is protected and that the attractive nuisance is removed. The recommended action is the
least environmentally damaging altemative. Any delays will adversely affect users and
the surrounding area.
I
Section 6. Based upon the foregoing, and based upon the record, including but not
limited to the staff report and public testimony, the Council hereby further finds and
declares that the site (with the exception of the Sun N Fun leased area), the attractive
nuisance, hazardous condition of the buildings and the urgent need for demolition of
structures on the site constitute: an emcrgency pursuant to Charter Section 107; a matter
of urgent necessity as that term is used in Charter Section 10 10; and a nuisance pursuant
to Municipal Code Sections 7.35 and 7.40.
Resolution Number 5515
I
Section 7. Based upon the foregoing, and in accordance with Charter Section 1010,
the Council deems that work, supplies and materials needed for the project are of urgent
necessity for the preservation of life, health or property and hereby authorizes the City
Manager to let contracts without advertising for bids. The Council further finds and
authorizes that, pursuant to Charter Section 1010.5, the City Manager may enter into a
design-build contract for the project because the use of a design-build process will reduce
project costs, expedite project completion or provide design features not achievable
through the design-bid-build process.
PASSED, APPROVED AND ADOPTED BY THE City Council of Seal Beach, at a
meeting hereof held on the 13th day of November ,2006 by the following vote:
AYES: COUNCILMEMBERsI)ni1oldtha8n.~ ~, ~
NOES: COUNCILMEMBERS ~
ABSENT: COUNCILMEMBERS ~
ABSTAIN: COUNCILMEMBERS ~
J~J LA'4Q'"
MAYOR
I
ATTEST:
~ ~~U:I
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk for the City of Seal Beach, California, do hereby certify that
the foregoing resolutions is the original copy of Resolution Number 5515 on file in that
office of the City Clerk, passed, approved an adopted by the City Council of the City of
Seal Beach at'a.regu~ar meeting ]1ereofheld on the 13th day of November ,2006.
Jt,_~ a;:;/
~erk
I