HomeMy WebLinkAboutCC Res 5709 2008-04-14
RESOLUTION NUMBER 5709
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:
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Section 1. On February 24, 2008, heavy surf in excess of 20 feet struck the
southern California coast, including the City of Seal Beach. During this heavy
surf, two fender piles broke free of the boat landing ("Boat Landing") attached to
the Seal Beach Pier ("Pier"). The broken fender piles became wedged between
several Pier piles, which they repeatedly impacted. The floating fender piles
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
interfere with the comfortable enjoyment of life or property by a neighborhood or I
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 condition of the pier is a threat and injurious to the public health,
safety and welfare 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 limited to the staff report and public comment, the Council hereby finds
and declares that the ~"onqitibh of. the pier constitutes a public nuisance that
requires immediate abatement. In ttie 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 alternative. 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 I
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 advertising for bids.
Resolution Number 5709
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PASSED, APPROVED and ADOPTED by the City Council of the City of Seal
Beach at a regular meeting held on the 14th day of April , 2008 by
the following vote:
AYES: councilmember~ ~ ~ .~, ~
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7Z)fhv
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NOES:
Councilmember
ABSENT:
Councilmember
ABSTAIN:
Councilmember
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Mayor
ATTEST: n
~A 4W
CI Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
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I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify
that the foregoing resolution is the original copy of Resolution Number 5709 on
file in the office of the City Clerk, passed, approved, and adopted by the City
Council of the City of Seal Beach at a regular meeting held on the 14th day
of April ,2008.
~4j, vU/?1#JtI
ity Clerk
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