HomeMy WebLinkAboutCC Res 5117 2003-03-24
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RESOLUTION NUMBER 67/7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEAL BEACH, CALIFORNIA, DECLARING A NUISANCE,
DEEMING CERTAIN WORK TO BE OF URGENT NECESSITY
PURSUANT TO THE CITY CHARTER, AND AUTHORIZING A
BUDGET AMENDMENT, NO. 03-23 FOR THE SUNSET
MARINA PARK SEWER LINE REPAIR
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
Section l. On March 12, 2003, staff discovered evidence of a leak in the 6" diameter
submerged cast iron sewer force main that crosses under Anaheim Bay to Pacific Coast
Highway. The precise location of the leak is unknown. Upon determining that there was a
unhealthy sewer discharge into a water body, staff immediately shut off the water at all Aquatic
Park meter locations, including the restrooms and Harbor Patrol Headquarters, and notified
County personnel, the Santa Ana Regional Water Quality Conlt'lll Board and the Orange County
Health Care Agency, Thereafter, the City placed above ground holdmg tanks to temporarily
collect the sewage on site, The Coastal Commission was notified on March 14,2003.
Section 2, But for the immediate action, sewage would have continued to discharge mto
Anaheim Bay causing an immediate risk to the Bay and threatening a sensitive habitat area, Due
to the age of the pipe, its exposure to erosion and its subrnerged location, it is foreseeable that
other leaks will develop, and that additional sewer waste will be discharged into the Bay
SectIOn 3.
follows:
Section 14-1 of the Code of the City of Seal Beach, defines a public nuisance as
"Public nuisance" shall mean anytlung whIch is injurious to health, or is indecent or
offensive to the senses, or is 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 any
considerable number of persons in the City irrespective of whether the annoyance or
damage inflicted upon individuals is unequal.
Section 4. The dangerous condition of the pipe is a threat and mjunous to the public health,
safety and welfare and constitutes a public nuisance per se. Leaving the pipe within the bay
constitutes a nuisance, The mterim method of pumping the sewer flow also presents a potential
risk to the environment. If a potential sewer overflow were to occur during this temporary fix,
usage of water in the park would need to be severely restricted affecting coastal recreation and
boating uses. ^s'it s(~iiils-now, the temporary solution restricts the services provided to users
and visitorsit6':th~ ~quit.Hc.jia';k, Alternatively, the only other solution would be to permanently
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close the p!1rk: facility and/or pgt provide sewer service, Park closure would adversely affect the
public's I\ccess to prfcious"coastal resources, Upon considering the impacts upon the
environment, the Couniy'~ park f~cilities are best served by a connection with Huntington Beach
(the "project") rather than repairing the existing line within the bay or installing a new line
therein and\pumpmg sewage. n'ortherly along Pacific Coast Highway, The proJect IS more
partIcularly descrj~~ .i~ t~!;1 ~enda Report dated March 24, 2003.
Section 5, Based upon the foregoing, and based upon the record, including but not limited to
the staff report and public testimony, the Council hereby finds and declares that the discharge of
sewer waste into the water and a sensitive habitat, and the threat of future discharges,
individually and collectively, constitutes a public nuisance that requires immediate abatement.
In the absence of the installation of the project proposed for the transportmg and disposal of
sewer waste, coastal uses such as fishing and boating will have to be terminated or severely
restricted. The proposed alternative needs to be implemented so that the Bay and its precious
resources will no longer be threatened. The recommended action is the least environmentally
damaging alternative, Any delays will adversely affect the users and visitors to the park,
Section 6, Based upon the foregoing, and based upon the record, mcluding but not limited to
the staff report and public testimony, the Council hereby further finds and declares that the sewer
leak, Immment threat of future leaks and further discharges or overflow of sewage waste,
Resolution Number ~j7
constitute: 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 City Code Sections
14-1 and 14-10,
Section 7, Based upon the foregoing, and in accordance with Section 1010 of the Official
Charter ofthe City of Seal Beach, the Council deems that work, supphes 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 advertismg for bids. The Council further
finds and authorizes that, pursuant to CIty Charter Section 1010,5, the City Manager may enter I
into a desigil-build contract for the project because the use of a desigil-buJ!d process will reduce
project costs, expedite project completion or provide design features not achievable through the
design-bid-build process.
Section 8,
The fiscal year budget requires budgetary amendments as outlined below:
DEPT
ACCOUNT
PROPOSED
BUDGET BUDGET
BUDGET (dlfl)
AMENDMENT
Fixed Assets
044-000-10160
$1,390,000 $1,990,000
$600,000
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Seal Beach
hereby adopts budget amendment 03-23 for the Sunset Marina Park Sewer Line Repair, a project
which has been declared of urgent necessity,
P ~;(I'PPROVED AtJ...DOPAbY the City Council of the City of Seal Beach on
- day of ~ ' 2003 by the following vote:
Councilmembe
AYES:
NOES:
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ABSENT:
Councilmembers
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Mayor
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
I, Joanne M, Yeo, City Clerk of Seal Beach, californ~ ]rebY certify that the foregoing
resolution is the original copy of Resolution Number on file in the office of the City
Clerk, passed, approved, and adoPt~l the City Council f~ty ofse~h, at a regular
meel1ng thereof held on the Of _ day of /JA..fl , ' 2003,
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