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Home My WebLink AboutCC AG PKT 2008-04-14 #Y AGENDA STAFF REPORT . DATE: April 14, 2008 TO: Honorable Mayor and City Council THRU: David Carmany, City Manager FROM: Vince Mastrosimone, Director of Public Works SUBJECT: EMERGENCY REPAIR - SEAL BEACH MUNICIPAL PIER SUMMARY OF REQUEST: The City Council is asked to adopt the attached Resolution No. _ declaring damages to the Seal Beach Municipal Pier to be a public Nuisance, deeming certain work to be of urgent necessity, and authorizing the City Manager to execute repair contracts as necessary without advertising for bids. . BACKGROUND: On February 24, 2008, a large storm producing waves in excess of 20 feet struck the southem California Coast, including the City of Seal Beach, During this storm, two fender piles were knocked free from their bracing and became lodged under the pier causing damage to pier structural piles. Other damage including a broken whaler, tom pile sheathing and damaged cross-bracing occurred during this storm. The City subsequently closed down the pier until the damage could be reviewed and resolved. On February 25, 2008 Professional Coastal Engineers from the firm of Moffatt & Nichol concurred that the Pier should remain closed until the broken fender piles are removed and the damage is re-assessed. That day, the City's Director of Emergency Services issued a Disaster Proclamation allowing the City to hire a contractor to perform emergency work to remove the floating fender piles that night. . On February 26, 2008 Moffatt & Nichol Engineers returned and visually re- evaluated the damage to the pier. Then, on February 28, 2008 divers from Moffatt & Nichol performed an underwater inspection, Both inspections followed guidelines established by the American Society of Civil Engineer's Underwater Investigations Standard Practice Manual. The post-inspection report, available for review in the office of the Director of Public Works, identified and recommended certain urgent repairs needed for the pier, The City received an estimate from John S. Meek Company, the contractor that removed the floating piles, to perform emergency repairs to the pier as outlined in Agenda Item Y . the Moffatt & Nichol report. Certain repairs will be funded by DCOR, the company who maintains and operates a boat launch attached to the pier where the fender piles were located, while the remaining repairs will be the responsibility of Seal Beach. The dangerous condition of the Pier is a threat to the public health, safety and welfare and constitutes a public nuisance per section 7.35,010 of the Seal Beach Municipal Code which reads: "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.' Staff recommends repairs occur immediately. The proposed repairs need to be implemented so that the coast 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 pier. FINANCIAL IMPACT: . Estimates to repair the pier total $89,535, The City is responsible for $7,375 of that total for repairs to cross bracing and other damage to the pier during the storm. The remaining $82,060 will be paid for by DCOR. Funds are available within the City's General Fund, Tidelands Account for these repairs. RECOMMENDATION: It is recommended City Council adopt Resolution No, declaring damages to the Seal Beach Municipal Pier to be a public Nuisance, deeming certain work to be of urgent necessity, and authorizing the City Manager to execute repair contracts as necessary without advertising for bids. 6.;TTED~~) inca ~mone Director of Public Works NOTED AND APPROVED: ~to David carm~nj, City Manager Attachments: . A. Proposed Resolution B. Repair Cost Estimate . RESOLUTION NUMBER 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 THE CITY MANAGER TO LET REPAIR CONTRACTS WITHOUT ADVERTISING FOR BIDS THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. On February 24. 2008, heavy suri In excess of 20 feet struck the southem Callfomla coast, Including the City of Seal Beach. During this heavy suri, two fender piles broke free of the boat landing ('Boat landing") attached to the Saal Beach Pier ('Pier"). The broken fender piles became wedged between several Pier piles, which they repeatedly Impacted. The floating fender plies damaged the Pier. The Coastal Commission was notified on February 25, 2008. Section 2. On February 26, 2008, professional engineers from the firm of Moffatt & Nichol conducted a post-event inspection of the Pier following the guidelines established by the American Society of Civil Engineer's Underwater Investigations Standard Practice Manual. As a result of that Inspection, Moffatt & Nichols has recommended that certain urgent repairs are needed for the Pier. Section 3. 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 interiere 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." The dangerous condltlon of the pier is a threat and Injurious to the public health, safety and weriare and constitutes a public nuisance per se. Pier closure would adversely affect the public's access to precious coastal resources. Section 4. Based upon the foregoing, and based upon the record, Including but not Iim~ed to the staff report and public comment, the Council hereby finds and declares that the condition of the pier constitutes a public nuisance that requires immediate abatement. In the absence of repair, coastal uses such as fishing will have to be terminated or severely restricted. The proposed repair needs to be Implemented so that the coast and Its precious resources will no longer be threatened. The recommended action Is the least environmentally damaging altemative. Any delays will adversely affect the users and visitors to the pier. Section 5. Based upon the foregoing, and based upon the record, Including but not limited to the staff report and public comment, the Council hereby further finds and declares that repairing the damage to the Pier 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 6. 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 and Boat landing are of urgent necessity for the preservation of life, health or property and hereby authorizes the City Manager to let contracts for the repair of the Pier and Boat landIng without advert/sing for bids. Resolution Number xxxx . PASSED, APPROVED and ADOPTED by the City Council of the City of Seal Beach at a regular meeting held on the 14th day of Aoril , 2008 by the following vote: A YES: Council member NOES: Councilmember ABSENT: Council member ABSTAIN: Council member Mayor ATTEST: City Cieri< STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } . I, Linda Devine, City Cieri< of the City of Seal Beach, Calffomla, do hereby certify that the foregoing resolution Is the original copy of Resolution Number _ on file In the office of the City Cieri<, passed, approved, and adopted by the City Council of the City of Seal Beach at a regular meeting held on the 14th day of Acril , 2008. City Clerk . . . . 04/02/2008 15:30 3108352153 J5M PAGE 02/03 ra MIlK -~-- 14732 SO. MAPLE AVENUE GAADENA, CA 90248 TEl.: (31 0) 83ll-6323 FAX: (S1 0) &'lW163 6UAIl..: genWO~ April 2, 2008 City of Seal Beach - City Hall 211 Eighth St(eet Seal Beach, CA 90740 Attention: David Spitz, FE Phone: (562) 431.2527 (Ext. 1331) FAX: (562) 430-8763 Gentlemen: We are pleased fu submit the fo1lowing quotation for repairs to the Seal Beach Pier. Price to include a11labor, material and equipment to "'Pair the pillt per the Moffatt ,. Nichol recommendations received Mard16, 2008. We exclude any utUitiCll, costs ofpamits IIlld inspections. We requite a section ofparidng Jot near the: side ofthc pier for material staging, for traIlsferring onto the pier, IIIld parking passes for our crewI. We will be ab\e to complete this work during daytime hours and do not require olosing the pier to the public. We can delineate our work area and keep the public at a safe distance, The duration of this project is llIlticlpatcd to lIIke )e.!IS thalli 0 working days to COlIIl'1ete after out initial mobilization onto the pier. The breakdowu for die above work 1J u fonows: Bale price to repair the boItt landing dalUglllDd pU, wrap only: Mobdlzatlon ..... ... ............ ....................... 5:31,270.00 Materiab .... ........................... .............. 12,015.00 Labor & EquiplDtllt ................................... 30.175.00 Total Bue Prlee ....................,..........._..... S74,!60.00 Add Opt. *1 Repair storm danuoged pIer braces: MatertaIs .. ................. ....... ..... ... .............. $2,415..00 Labor &. Eq1liJ?meut ............................... 4..960.00 Total Add Opt # 1 ,..................................... $7.37S.00 Add Opt #2 Supply and Install two H.D.P.E. rub .trips to the boat landlllg fender pile: Mauri. .................f.......f................f......... $4,015.00 '. Labor &. eqaipmeot ................................ 3.485.00 Total Add Opt. #2 .............................................. $7,500.00 G.._I Colllfructlan: pile O","nl . Foundations . Marine · Sharins · HazMaI . U"'"', '7091$1 . . . B4/B2/2B88 15:33 3188352163 J5M Material is in stock and we can start work in a timely manner with a.cceptance of this quote:. If you have any questions, pl_ call, i!j?YOua, Project Manager ,... PAGE B3/83