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Home My WebLink AboutCC AG PKT 2006-11-13 #J e New Business Declaration of Emergency, Urgent Necessity and Nuisance at the Old Zoeter School Preschool & Daycare Site WILL BE DELIVERED UNDER SEPARATE COVER e Agenda No. ,T e . , , e e e AGENDA REPORT DATE: November 13, 2006 TO: Honorable Mayor and City Council THRU: John B. Bahorski, City Manager FROM: Mark K. Vukojevic, P.E" Director of Public Works/City Engineer SUBJECT: DECLARATION OF EMERGENCY, URGENT NECESSITY AND NUISANCE AT PROPERTY LOCATED AT 343 AND 357 12TH STREET SUMMARY OF REQUEST: The proposed City Council Action will adopt the attached Resolution finding that the condition of the property located at 343 and 357 12th Street, and the need for abatement, constitute: an emergency per City Charter Section 107; a matter of urgent necessity as used in Charter Section 1010; and a nuisance per City Code Section 7.35 and 7.40. In addition, the proposed action will authorize the City Manager to execute contracts including design/build, necessary to abate the nuisance not to exceed the budget specified in the 5-year Capital Improvement Program. BACKGROUND: 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, formerly a portion of the Old Zoeter School facilities, 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. With the exception of the Sun N Fun leased area, the site is in very poor condition and rapidly declining. Recent 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. The attractive nuisance and hazardous environmental condition of the buildings constitute a public nuisance that requires immediate attention through abatement and demolition, an emergency pursuant to City Charter Section 107 and a matter of urgent necessity as that term is used in City Charter Section 1010. - 1 - Agenda Item J"" 'I e e e The City purchased the site from the Los Alamitos School District with the sale proceeds of the Shopping Center on PCH. With the consent of the City Council, the Redevelopment Agency has authorized the use of sale proceeds for funding the demolition of structures and constructing improvements on the site. Staff recommends that the Sun N Fun preschool be relocated during the abatement and demolition. Staff is negotiating with the Girl Scout Council of Orange County for temporary use offacilities on 7th Street. Upon completion of the nuisance abatement, Sun N Fun preschool will be relocated back to the site. Staff recommends the following action to abate the nuisance: 1. Relocate the Sun N Fun Dreschool: Staff has contacted the Girl Scouts Council of Orange County to explore the feasibility of using facilities on 7th Street as a temporary facility for the Sun N Fun preschool during abatement and demolition. 2. Environmental Abatement: Remove hazardous materials from the building and site, Obtain environmental clearance for the site. 3. Site Demolition: Demolish the buildings, the site and disconnect utilities; Maintain and modify the Sun N Fun classroom for re-use. 4, ImDlement Erosion and Sediment Controls: Landscape the remainder of the site with turf to control sediment and prevent erosion. 5. Return Sun N Fun Preschool: Assist the return of Sun N Fun Preschool. No project is without risk. One potential risk is that the abatement and/or demolition process uncovers additional hazards to be mitigated. The probability of this occurrence seems low since the site has been studied and tested. Deferring nuisance abatement to complete additional studies, prepare detailed plans and specifications, and obtain other jurisdictional permits using the conventional bid and construction process would result in the continued existence of a dangerous nuisance and would incur further expenditures. Upon considering the impacts of the nuisance upon the environment, the dangerous condition, and threat to life, health and property, an expedited abatement process, including design build, is necessary. Any delays will adversely affect the surrounding environment and poses a threat to life, health and property. In sum, abating the nuisance expeditiously preserves life, health and property and makes environmental, engineering and financial sense. In accordance with Section 1010 of the Official Charter of the City of Seal Beach, the Council may deem 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 can further find and authorize that, pursuant to City 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. -2- Agenda ltem_ ~ e e e In addition to the steps above, it is recommended that the City Council declare that the condition of the property constitutes a public nuisance. Section 7,35 of the Seal Beach Municipal 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." The California Coastal Act contains an exemption from the requirements of obtaining a Coastal Permit when necessary to abate a public nuisance: PRC Section 30005. No provision of this division is a limitation on any of the following: (a) Except as otherwise limited by state law, on the power of a city or county or city and county to adopt and enforce additional regulations, not in conflict with this act, imposing further conditions, restrictions, or limitations with respect to any land or water use or other activity which might adversely affect the resources of the coastal zone. (b) On the power of any city or county or city and county to declare, prohibit, and abate nuisances. The intended short-term future of the site is park and recreational facilities and the Sun N Fun classroom. The Council may wish to consider the long-term future at a later date. FISCAL IMPACT: Funds are currently budgeted within the 5-year Capital hnprovement Program, previously adopted by the Council. $800,000 has been programmed under Project 50223 from the Redevelopment Agency Project Area and $200,000 has been programmed under Project 50224 from park and recreational fees. RECOMMENDATION: It is recommended that the City Council adopt the attached Resolution: 1. Finding that the site constitutes: an emergency per City Charter Section 107; a matter of urgent necessity as used in Charter Section 1010; and a nuisance per Municipal Code Section 7.35 and 7.40; and 2. Authorizing the City Manager to execute contracts including design/build., necessary to abate the nuisance not to exceed the budget specified in the 5-year Capital Improvement Program. -3- Agenda ltem_ "I e e e Prepared By: M'U~' Director of Public Works/Ci Engineer Attachments: Resolution No. 551 t)declaring a public nuisance Site drawing -4- Agenda Item_ i e RESOLVTIONNUMBER 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],2TH STR1lET THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1 The City ..cently purchased land and improvements located .t343 and 357 12th S1It:et, Seallleach, Califomia 90740, m"'" particularly described as Parcel 2 on Parcel M.p 87- 131, as per map reconIed in Book 233, Pages IS, 16 and 17 ofparcel Maps, in the Office of the Onnge County Recorder (hereinafter rcfem:d to as the "site'"). The site is predominantly vacant. Sun N Fun, a cooperative preschool program, leases DOB classroom, a restroom and an outdoor play area. The remaining eleven cla.s.srooms, bathroom, hallways, and outdoor areas are vacant ~. With the exceplion of the Sun N Fun leased area, the .ite i. in very poor condition and l'8pidly declining. Recent inspectiOJll by .taff and independent consultants indicate that the buildinSS have .ignificantly deteriorated since 2004. The expected wet we.ther ....on will exaoerbate the conditions including the ......Iy dam.ged roof. The .ite bas been broken into and vandalized several times. In addition, the site poses immediate fire and environmental concerns n:quiring immediate action and abatement, and. constitutes a public nuisance per se. SectiDn ~. Section 7.35 of the Seal Beach Municinal Code provides: e "A public nuisance is ... anything injurious to health. indecent or offensive to the senses. or an obstruction to the free use of property. so IS to interfens with the comfortable enjoyment oflife or property by. neighborbood or by. considerable Dumber ofpemons even where the annoyance or damage inflicted upon individuals is unequal. The city council shall have 1M power to declare by resolution that any particular act or condition constitutes a public nuisance." ~. The hazardous environmental condition or the buildings is a threat and injurious to the public health, safety and welfare and constitutes a public nuisance per s<<. Leaving the site unabated with dangDl"DUS structures intact constitutes a nuisance. The traditional method of study/desigolpermitting/bidlbuild al.o p...."ts a potential risk to the environment beeauae of time delays. Upon considering the impacts of the nuisance upon the environment, this facility is best served by an expedited proceaa to ahate the nui.ance including design build. ~. Based upon t~e fo"going. and based upon the ..cord, including but nollimited to !be .I>ffreportand public testimony, the Council hereby finds and deel.... that the .ite (with the exception of the Sun N Fun classroom and leased outdoor area). Hufi iM.lIs .i 88IL_I:.ll1\ constitutes a public nuisance that requires immediate abatement. The proposed abatement and demolition needs to be implemented so that the surrounding environment is protected. and that the attractive nuisance is removed. The recommended action is the least envirorunentaLly damaging alternative. Any delay. will ad""""(y .ffect usera and t~e sull'Ounding area. ~. Based upon the foregoing, and based upon the record. including but not limited to tile statrreport and public te.timony, the Council hereby further finds and decl.... 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 emergency pursuant to Charter Section l07j a matter of urgent necessity as that term is used in Cbarter Section 1010; and . nuiaance pursuaotto Municipal Code Seenon. 7.35 and 7.40. ~. Based upon the foregoing. and in accordance with Charter Section 1010, the Council deems that work. supplies and materials needed for tho project are of urgent necessity for the p....rvation of life, bealth or property and be..by autllori... 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~buiId process will reduce project costs. expedite project completion or provide design fealU1'eS not achievable through the design-bid-build pro...... e e ~ e ~ &. <JNC> \l .Ind_ Semple Locabon '- ,......,'. -'.' -'- [Q) ;0, .u "'l -... -... p.a .u ":' 01' op -... _M. 01.0" .... au IUft,D1NG -lit- ":' _u _M. . ... '11 .... ocp .. "'l -. .., .. ... .., Ga) "1 . ... I I "'" IUZLDIIiIQ"r .., .., Dip 011 -. 'OOM' O\,'l 013 .... - .., 01' KlNlllI!lUIoU.ftN ~ ~I"l' 'V OC} (.._........... ] dMIll\11l1d1C1nblltllmlh. trIIt8nI" 'IIOIlN ....... to IIOOMIO IlIIthliA,..t ..... is .. . .. r G'.11031 .... Oil OIl .., .;. ~ ... 00 ..", DRAWNl'I'l . 9- 3- 4 M.L. .PACIFIC ......... REVISION ~: ENVIRONMENTAL . . ... 04193 1"11I30' TITLE: SAMPLE LOCAnON PLAN -~ CD -...... Zoeler School, 357 12th Street, Seel Beach, CA ___ TEe Engineering