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HomeMy WebLinkAboutAdditional Funding to the Nuisance Property Abatement Fund - Okld'+IMAL RJF(,a)oe�D Cart IS WITH CoW WO)tCV0,YI.- PLEASE COMPLETE THIS INK ATION tce�orcD�p. RECORDING REQUESTED BY: I_ Recorded in Official Records, County of Orange Darlene Bloom, Interim Clerk-Recorder A+-n: C a Q �.�dw`-�� I Illiil lllll lllll lllll lllll ll!II III II IIIII II II Ilill NO FEE AND WHEN RECORDED MAIL TO: 130 11 R282 002059852011:01am 07118102 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 02d0O ff�c.-'/---, (;+ ' ,n THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT: % t cr -t 0:5 }� d� G a.o-trn►� U d-e S�. THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording lee applies) b.059-TITLE PAGE(R7/95) RESOLUTION NO. 2002-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CERTIFYING SPECIAL ASSESSMENTS FOR RECOVERY OF COSTS OF ABATEMENT OF NUISANCE WHEREAS,the City Council has adopted Huntington Beach Municipal Code 17.08.010 which adopts the 1997 Uniform Housing Code (UHC); and WHEREAS,UHC Section 1401.3 authorizes the City to cause repairs to correct the conditions that render a building substandard; and WHEREAS, UHC Section 1605.3 authorizes the City Council to order that the costs incurred by the City in repairing the property be assessed against the property as a special assessment; and WHEREAS,the City has incurred costs in the repair of the property located at 16911 Bolsa Chica,Huntington Beach, California, 92649; and WHEREAS,the City Council wishes to order the costs of repair to be assessed against the property as a special assessment. NOW THEREFORE,BE IT RESOLVED by the City Council of the City of Huntington Beach as follows: 1. The City Council held an administrative public hearing on o7-1 5-2002 which was properly noticed as required by Uniform Housing Code Section 1602, for the purpose of certifying a special assessment against a property where the City has incurred costs of repair in abating a public nuisance. 2. The special assessment designated on Exhibit A,which is attached and incorporated herein by this reference, is hereby certified as representing the costs incurred by City in repairing a substandard property and qualified for collection as a special assessment under UHC 1605.3. 3. The City Council as part of the City's nuisance abatement program orders that these costs are to be collected as special assessments against the property shown on Exhibit A pursuant to the provisions of UHC Chapter 16. 4. Pursuant to such authority, the City Treasurer is directed to take the requisite steps for recording notice of such assessments against the respective properties in the property records of the County of Orange and for obtaining the collection of such assessments by the Tax Collector of the County of Orange. j mp/mi sc/admin/resoluti,'07.'03 02 Res. No. 2002-68 5. The City Treasurer is also authorized to take the necessary steps to have releases filed with the County Recorder when any such special assessments have been paid. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held thereof on the 15th day of July , 2002. ATTEST: City Clerk o7-11-atf Mayor REVIEWED AND P D APPROVED AS TO FORM: City Administrator P Ci y Attorney INZ ED.AND APPROVED: Planning Director j mp/misc/admin/resoluti/07/03.'02 Res. No. 2002-68 Ex. A Exhibit A SPECIAL ASSESOR'S ASSESMENT PARCEL PROPERTY ADDRESS/ AMOUNT OWNER NUMBER LEGAL DESCRIPTION County of Orange Linda Frances Spano $20,000.00 Joe Domenico Spano 178-263-11 16911 Bolsa Chica j mp/mist/admin-resoluti/07/03/02 Res. No. 2002-68 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 15th day of July,2002 by the following vote: AYES: Green, Dettloff, Boardman, Cook, Houchen, Winchell, Bauer NOES: None ABSENT: None ABSTAIN: None City Clerk and ex-officio derk of the City Council of the City of Huntington Beach, California The forepoi v inwMent is a correct copy of tfa origM on Me in this office. Attest 01- 1'1 20 0 2 ONNIE BROCKWAY City irk anEx-off Icip Oferk of the CouncN 5he of Huntwigton Beach. CatNornl By Deputy PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: Recorded in Official Records, County of Orange i Darlene Bloom, Interim Clerk-Recorder IIIIII IIIII A+bn: c°d e--E�^ d IIIII Illl II II m�'` ' I I 111111111111111111111111111111 NO FEE 2002059852011:07am 07/18102 � AND WHEN RECORDED MAIL TO:. 130 11 R28 5 0.00 .0.00 0.00 0.00 0.00 0.00 0.00 0.00 " THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT: a,S,50 ,.•�zon --002-, 6 � � S S % THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 00.059-TITLE PAGE(R7/95) RESOLUTION NO. 2oo2-E8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CERTIFYING SPECIAL ASSESSMENTS FOR RECOVERY OF COSTS OF ABATEMENT OF NUISANCE WHEREAS,the City Council has adopted Huntington Beach Municipal Code 17.08.010 which adopts the 1997 Uniform Housing Code (UHC); and WHEREAS,UHC Section 1401.3 authorizes the City to cause repairs to correct the conditions that render a building substandard; and WHEREAS,UHC Section 1605.3 authorizes the City Council to order that the costs incurred by the City in repairing the property be assessed against the property as a special assessment; and WHEREAS,the City has incurred costs in the repair of the property located at 16911 Bolsa Chica, Huntington Beach, California, 92649; and WHEREAS,the City Council wishes to order the costs of repair to be assessed against the property as a special assessment. NOW THEREFORE,BE IT RESOLVED by the City Council of the City of Huntington Beach as follows: 1. The City Council held an administrative public hearing on o7-i 9-2002 , which was properly noticed as required by Uniform Housing Code Section 1602, for the purpose of certifying a special assessment against a property where the City has incurred costs of repair in abating a public nuisance. 2. The special assessment designated on Exhibit A, which is attached and incorporated herein by this reference, is hereby certified as representing the costs incurred by City in repairing a substandard property and qualified for collection as a special assessment under UHC 1605.3. 3. The City Council as part of the City's nuisance abatement program orders that these costs are to be collected as special assessments against the property shown on Exhibit A pursuant to the provisions of UHC Chapter 16. 4. Pursuant to such.authority, the City Treasurer is directed to take the requisite steps for recording notice of such assessments against the respective properties in the property records of the County of Orange and for obtaining the collection of such assessments by the Tax Collector of the County of Orange. jmp/misc/admin/resolutii07i 03,-02 . Res. No. 2002-68 5. The City Treasurer is also authorized to take the necessary steps to have releases filed with the County Recorder when any such special assessments have been paid. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held thereof on the 15th day of JulY , 2002. ATTEST: dxxz� City Clerk Mayor REVIEWED AND P D APPROVED AS TO FORM: City Administrator P Ci y Attorney INIT"EDANDAPPROVED: Planning Director jmp/misc/admin/resoluti/07/03/02 Res. No. 2002-68 Ex. A Exhibit A SPECIAL ASSESOR'S ASSESMENT PARCEL PROPERTY ADDRESS/ AMOUNT OWNER NUMBER LEGAL DESCRIPTION County of Orange. Linda Frances Spano $20,000.00 Joe Domenico Spano 178-263-11 16911 Bolsa Chica j mp/mi sc/admin-resol uti/07/03/02 Res. No. 2002-68 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 15th day of July, 2002 by the following vote: AYES: Green, Dettloff, Boardman, Cook, Houchen, Winchell, Bauer NOES: None ABSENT: None ABSTAIN: None City Clerk and ex-officio derk of the City Council of the City of Huntington Beach, California The fore pwq wrsvumant is a correct copy of the original on file in this offioe. Attest a�- 1'► 20 0 2 ONNIE BROCKWAY City erk and erk of the City CouncA he of HuntkVton Bewh. CdN0MkL By �. _ Deputy N Cofy T:w WL h vk. J )td y ._1 AUfal' N°T q� MD�b. PLEASE COMPLETE THIS INFORMATION -T RECORDING REQUESTED BY: t�(nh D R COP p Recorded in Official Records, County of Orange Cory. '� fjL�� Darlene Bloom, Interim Clerk-Recorder A+4)n C�b� ^�d m � IllllilllllllllllllllllillllllllIII II I IIIIIII IIIII IIIII NO FEE AND WHEN RECORDED MAIL TO: 130 11 R282 002059852011:01am 07118102 0.00 0.00 -0.00 0.00 0.00 0.00 0.00 0.00 01 d 0 C) THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT: 0 �. t�.,, �S S 0Is-% �0r rt 1 l 0 -3 THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 00'.059-TITLE PAGE(R7/95) RESOLUTION NO. 2002-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CERTIFYING SPECIAL ASSESSMENTS FOR RECOVERY OF COSTS OF ABATEMENT OF NUISANCE WHEREAS, the City Council has adopted Huntington Beach Municipal Code 17.08.010 which adopts the 1997 Uniform Housing Code(UHC); and WHEREAS,UHC Section 1401.3 authorizes the City.to cause repairs to correct the conditions that render a building substandard; and WHEREAS,UHC Section 1605.3 authorizes the City Council to order that the costs incurred by the City in repairing the property be assessed against the property as a special assessment; and WHEREAS, the City has incurred costs in the repair of the property located at 16911 Bolsa Chica,Huntington Beach, California, 92649; and WHEREAS,the City Council wishes to order the costs of repair to be assessed against the property as a special assessment. NOW THEREFORE,.BE IT RESOLVED by the City Council of the City of Huntington Beach as follows: 1. The City Council held an administrative public hearing on o7-1 s-2002 which was properly noticed as required by Uniform Housing Code Section 1602, for the purpose of certifying a special assessment against a property where the City has incurred costs of repair in abating, a public nuisance. 2. The special assessment designated on Exhibit A, which is attached and incorporated herein by this reference, is hereby certified as representing the costs incurred by City in repairing a substandard property and qualified for collection as a special assessment under UHC 1605.3. 3. The City Council as part of the City's nuisance abatement program orders that these costs are to be collected as special assessments against the property shown on Exhibit A pursuant to the provisions of UHC Chapter 16. 4. Pursuant to such.authority, the City Treasurer is directed to take the requisite steps for recording notice of such assessments against the respective properties in the property records of the County of Orange and for obtaining the collection of such assessments by the Tax Collector of the County of Orange. j mp/misc/admi n/resol utii07;03/02 Res. No. 2002-68 5. The City Treasurer is also authorized to take the necessary steps to have releases filed with the County Recorder when any such special assessments have been paid. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held thereof on the 15th day of July 2002. ATTEST: City Clerk a7-17-stf Mayor REVIEWED AND P D APPROVED AS TO FORM: City Administrator r- Ci y Attorney INIT ED AND APPROVED: Planning Director j mp/mi sc/admin/resol uti/07/03%02 Res. No. 2002-68 Ex. A Exhibit A SPECIAL ASSESOR'S ASSESMENT PARCEL PROPERTY ADDRESS/ AMOUNT OWNER NUMBER LEGAL DESCRIPTION County of Orange Linda Frances Spano $20,000.00 Joe Domenico-Spano 178-263-11 16911 Bolsa Chica jmp/mist/admin,resoluti/07/03/02 Res. No. 2002-68 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach,-and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 15th day of July, 2002 by the following vote: AYES: Green, Dettloff, Boardman, Cook, Houchen, Winchell, Bauer NOES: None ABSENT: None ABSTAIN: None dv � OW-04/1 City Clerk and ex-officio Crerk of the City Council of the City of Huntington Beach, California The foregoing mannent is a oared copy of the original on file in this oflbe. Attest • 07- 11 20 02 CONNIE BROCKWAY My Cie* andclerk of the City Council he of Huntington Beach, California. By _ Deputy CITY OF HUNTINGTON BEACH ►� ��[t� L�� b MEETING DATE: July 15, 2002 DEPARTMENT ID 1-7 ER: PL62-24 BW WO Council/Agency Meeting Held: Cz Deferred/Continued to: o proved ❑ Co ditionally A roved ❑ Denied Dot ler ' Signature c n - Council Meeting Date: July 15, 2002 Department ID Number: PI 2-274- r-- CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION Cn SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: WILLIAM P. WORKMAN, Assistant City Administrator PREPARED BY: HOWARD ZELEFSKY, Director of Planning SUBJECT: APPROVE CERTIFICATION OF SPECIAL ASSESSMENT FOR RECOVERY OF COSTS FOR ABATEMENT OF NUISANCE (SPANO PROPERTY - 16911 BOLSA CHICA) Key, Np, lops ' (,pg Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Transmitted for your consideration is a request from the Planning Department to: 1) Record notice of a special assessment against private property, located at 16911 Bolsa Chica, for the value of the costs incurred by the City in abating a nuisance. Funding Source: None Recommended Action: Motion to: (/ 1. Adopt Resolution No.M ��b U entitled "A Resolution of the City Council of the City of Huntington Beach Certifying Special Assessment for Recovery of Costs of Abatement of Nuisance at 16911 Bolsa Chica (Spano Property)." Alternative Action(s): The City Council may make the following alternative motion(s): 1. "Do not approve Resolution No.40146." spano assessment -2- 7/1/2002 2:40 PM REQUEST FOR COUNCIL ACTION MEETING DATE: July 15, 2002 DEPARTMENT ID NUMBER: PL02-24 Analysis: Code Enforcement first received complaints regarding this property in October 2000, regarding substandard property and the accumulation of junk and debris. The initial inspection revealed the property was unsecured and had a notice of public auction posted on the front gate. Additionally, windows were smashed, the front room had visible fire damage, and numerous examples of extensive exterior dilapidation were observed. Upon further investigation, Code Enforcement discovered that the Orange County Public Guardian was in control of the property, due to the owner, Linda Francis Spano being no longer capable of caring for herself, her property, or her assets. The County Public Guardian had put the house up for auction but the auction was halted after an appeal was filed by St. Peter's by the Sea, claiming they were currently involved in purchasing an interest in the property from Joe Spano, son of Linda Spano. In December of 2000, the house and property were secured by the County Public Guardian, and Code Enforcement suspended the case pending a resolution of the ownership issues between St. Peter's by the Sea and the County Public Guardian. Between December of 2000 and December of 2001, the property experienced one transient related fire, and was broken into numerous times and subsequently re-secured after each break-in. No attempts were made by either the County Public Guardian or Joe Spano to correct the existing violations and the condition of the property continued to decline. In December of 2001, no progress had been made in resolving the ownership issue. Code Enforcement continued to receive complaints regarding the property's conditions and Huntington Beach Police and Fire Departments continued to receive calls for service regarding transient activity and safety concerns of adjacent property owners. Based upon these conditions, Code Enforcement initiated a Dangerous Building Notice and Order, and the building was declared to be an imminent danger to the public and surrounding properties. Notification of all parties of interest listed on the property's title report were mailed a declaration of dangerous building notice and order, via certified mail on December 19, 2001, and a notice and order packet was posted on the front gate of the property on the same date. A declaration of dangerous building and notice of pendency of action was also recorded with the County Recorder's Officer and appears on the title report for the property. All parties were given 30 days to appeal the notice and order or bring the property up to code by correcting all violations. The case was suspended until January 21, 2002 for re- inspection. These actions are consistent with the procedures outlined in the Universal Housing Code and the Universal Building Code for the initiation of abatement of dangerous buildings and nuisance properties. spano assessment .3. 7/1/2002 2:40 PM REQUEST FOR COUNCIL ACTION MEETING DATE: July 15, 2002 DEPARTMENT ID NUMBER: PL02-24 As of January 21, 2002, no appeals had been received and the property was in the same condition as on December 19, 2001. Code Enforcement began the process of filing for an abatement warrant to demolish the dangerous building. On February 1, 2002, Code Enforcement discovered a more recent "last known address"for Joe Spano than originally indicated in December of 2001. As part of the City's diligence to due process, a new notice and order packet was mailed via certified mail to Joe Spano at the newly discovered address. On February 8, 2002, an attorney representing Joe Spano contacted Code Enforcement and an additional Notice and Order packet was mailed to the attorney. The case was suspended until March 11, 2002, allowing Mr. Spano and his attorney 30 days to appeal the notice and order or to bring the property up to code. As of March 11, 2002, no appeal had been received nor had the property been brought up to code. On May 6, 2002, the City Council approved additional funding of $20,000 for the abatement of the property to eliminate the dangerous building and public nuisance. On May 8, 2002, the City of Huntington Beach obtained an abatement warrant permitting the City, or the City's agent, to enter the property and remedy the code violations on the exterior of the property. On May 31, 2002, the City entered into an agreement with Greenleaf Grading Company. Greenleaf Grading Company completed the following work: 1. Demolition and disposal of the single family dwelling, including slab and footings 2. Asbestos survey and abatement of asbestos material present 3. Demolition of in-ground swimming pool 4. Removal and disposal of all dead, decaying and overgrown vegetation 5. Removal and disposal of all junk, trash, and debris 6. Removal of one large tree at front of property determined to be unstable and at imminent risk of failing into public right-of-way The cost of abating the nuisance (identified on Exhibit A to the resolution attached), totalled $20,000. This cost will be recorded as a lien on the property and reported to the County Tax Assessor for inclusion on the property tax bills. An administrative hearing is required by Uniform Housing Code Section 1602 as adopted by Huntington Beach Municipal Code Chapter 17.08.010. Only property owners are entitled to speak at the administrative hearing. All other interested parties may speak at regular public comment at the beginning of the meeting. Environmental Status: Project is exempt from environmental review pursuant to Section 15268 Ministerial Projects of the California Environmental Quality Act. spano assessment -4- 7/1/2002 2:40 PM REQUEST FOR COUNCIL ACTION MEETING DATE: July 15, 2002 DEPARTMENT ID NUMBER: PL02-24 Attachment(s): City Clerk's Page Number No. Description 1 Resolution No.2001- 9 entitled "A Resolution of the City Council of the City of Huntington Beach Certifying Special Assessment for Recovery of Costs of Abatement of Nuisance at 16911 Boisa Chica S ano Property)." 2 Greenleaf Grading Company Invoice dated 6/14/02 in the amount of$20,000.00. RCA Author: William J. Zylla/Scott Hess spano assessment -5- 7/1/2002 2:40 PM ATTACHMENT 1 RESOLUTION NO. 2002-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CERTIFYING SPECIAL ASSESSMENTS FOR RECOVERY OF COSTS OF ABATEMENT OF NUISANCE WHEREAS, the City Council has adopted Huntington Beach Municipal Code 17.08.010 which adopts the 1997 Uniform Housing Code (UHC); and WHEREAS, UHC Section 1401.3 authorizes the City to cause repairs to correct the conditions that render a building substandard; and WHEREAS, UHC Section 1605.3 authorizes the City Council to order that the costs incurred by the City in repairing the property be assessed against the property as a special assessment; and WHEREAS, the City has incurred costs in the repair of the property located at 16911 Bolsa Chica, Huntington Beach, California, 92649; and WHEREAS, the City Council wishes to order the costs of repair to be assessed against the property as a special assessment. NOW THEREFORE,BE IT RESOLVED by the City Council of the City of Huntington Beach as follows: 1. The City Council held an administrative public hearing on o7-i5-2002 which was properly noticed as required by Uniform Housing Code Section 1602, for the purpose of certifying a special assessment against a property where the City has incurred costs of repair in abating a public nuisance. 2. The special assessment designated on Exhibit A,which is attached and incorporated herein by this reference, is hereby certified as representing the costs incurred by City in repairing a substandard property and qualified for collection as a special assessment under UHC 1605.3. 3. The City Council as part of the City's nuisance abatement program orders that these costs are to be collected as special assessments against the property shown on Exhibit A pursuant to the provisions of UHC Chapter 16. 4. Pursuant to such authority, the City Treasurer is directed to take the requisite steps_ for recording notice of such assessments against the respective properties in the property records of the County of Orange_ and for obtaining the collection of such assessments by the Tax Collector of the County of Orange. j mp/misc/admin/resoluti/07/03/02 Res. No. 2002-68 5. The City Treasurer is also authorized to take the necessary steps to have releases filed with the County Recorder when any such special assessments have been paid. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held thereof on the 15th day of July 2002. ATTEST: City Clerk ol-jl- Mayor REVIEWED AND P D APPROVED AS TO FORM: y-}-`a - City Administrator Vr- Ci y Attorney INIT ED AND APPROVED: Planning Director j mp/misc/admin/resoluti/07/03/02 Res. No. 2002-68 Ex. A Exhibit A SPECIAL ASSESOR'S ASSESMENT PARCEL PROPERTY ADDRESS/ AMOUNT OWNER NUMBER LEGAL DESCRIPTION County of Orange Linda Frances Spano $20,000.00 Joe Domenico Spano 178-263-11 16911 Bolsa Chica j mp/mi sc/admi n/resol u ti/07/03/02 Res. No. 2002-68 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 15th day of July, 2002 by the following vote: AYES: Green, Dettloff, Boardman, Cook, Houchen, Winchell, Bauer NOES: None ABSENT: None ABSTAIN: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATACHMT ENT 2 i i i July 520 DEMOLITION AND GRADING COMPANY 02 General Engineering Contractors 7702 Yukon Drive Huntington Beach,CA 92648 (714)842-7655 CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 i JOB ADDRESS 16911 BOLSA CHICA HUNTINGTON BEACH, CA DATE —02 REMOVAL OF ONE LARGE TREE AT FRONT OF PROPERTY $1,500.00 DEMO $18,500.00 i i TOTAL DUE THIS BILLING $20,000.00 i i CONDITIONAL:-WAIVER ANDS-RELEASE UPON FINAL PAYMENT (California Civil Code§3262(d)(3)) Upon receipt by the undersigned of a check from CITY OF HUNTINGTON BEACH (Maker of Check) in the sum of $ TWEE THOUSAND-DOLLARS ($20,000.00) (Amount of Check) payable to GREENLEAF GRADING-COMPANY- (Payee or Payees of Check) and when the check has been properly endorsed and has'been paid by the bank upon which it is drawn, this document shall become effective to release any mechanic's lien, stop notice, or bond right the undersigned has on the job of CITY OF HUNTINGTON BEACH caner located at 16911 BOLSA CHICA HUNTINGTON BEACH, CA (Job Description) This release covers the final payment to the undersigned for all labor, services, equipment or material furnished on the job, except-for disputed claims for additional work in the amount of $. oI Before any recipient of this document relies on it, the party should verify evidence of payment to the under- signed. Dated: JUNE 19, 2002 GREENLEAF GRADING COMPANY (Company Name) By: (Title) NOTE: CIVIL CODE SECTION 3262(d)(3) PROVIDES:Where the claimant is required to execute a waiverand release in exchange for, or in order to induce the payment of, a final payment and the claimant is not, in fact, paid in exchange for the waiver and release or a single payee check or joint payee check is given in exchange for the waiver and release, the waiver and release shall follow substantially the form set forth above. USE.REVERSE SIDE AS RELEASE FOR INDIVIDUALS PERFORMING LABOR FOR WAGES (for a unconditional waiver and release upon final payment use Wolcotts Form 32624 or 32624D) III�IIII I ��II�I I 7 67775 52623 3 WOLCOTTS FORM 32623-CONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT-REV.3.94 &994 WOLCOTTS FORMS INC. (Priee Bless 6.2P) DEMOLITION AND GRADING CO. GENERAL ENGINEERING CONTRACTORS 7702 YUKON DRIVE • HUNTINGTON BEACH, CA 92648 • (714) 842-7655 FAX (714) 848-0167 CONTRACT CHANGE ORDER Customer Cy o� � Ori.gi.nal. Contract: Amount Previous change Order This Change Order Job address Revised Contract Amount Change Order No. dam/ Description of Revision B.-rove TEP_ t . Item Description Unit Price Extended Price Total. of this Revision ( GREENLEAF DEMOLITION & GRADING AND CUSTOMER AGREE 'I'0 THE TERMS AND CONDITIONS OF THE ABOVE STATED REVISIONS AND THAT PAYMENT FOR SUCH REVISION (S) SHALL BE DUE ON THE DATE OF NEXT SCHEDULED BILLING. GREENLEAF AND CUSTOMER FURTHER AGREES THAT SUCH TERMS AND CONDITIONS SUPERSEDE ANY CONTRARY TERMS AND CONDITIONS CONTAINED IN THE CONTRACT. ALL OTHER TERMS AND CONDITIONS OF THE CONTRACT ARE THE SAME. CUSTOMER TITLE, DATE o g MEETING DATE: July 15, 2002 DEPARTMENT SUBJECT: REQUESTING: Planning Resolution regarding special asssessments for abatement of Spano Property TODAY'S DATE June 27, 2002 VERIFIED BY ADMININSTRATION: APPROVED BY: Ray Silver City Administrator 6/27/2002 12:05 PM Q6127'oj d,/oyljo. NOTICE OF ADMINISTRATIVE HEARING BY THE CITY COUNCIL CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the City Council of the City of Huntington Beach in the City Council Chambers, 2000 Main Street, Huntington Beach, California, 92648 at the hour of 7:00 p.m. or as soon thereafter as possible, on Monday, July 15, 2002 to consider the adoption of proposed Resolution entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CERTIFYING SPECIAL ASSESSMENTS FOR RECOVERY OF COSTS OF ABATEMENT OF NUISANCE AT 16911 BOLSA CHICA STREET (SPANO PROPERTY)." A copy of the proposed Resolution is on file in the City Clerk's Office, 2000 Main Street, Huntington Beach 92648, for inspection by the public. An administrative hearing is required by the Huntington Beach Municipal Code Section 17.08.010 adopting Uniform Housing Code Section 1602. Only property owners are entitled to speak at an administrative hearing. All other interested parties may speak at regular public comment at beginning of the meeting. Written communications to the City Council may also be mailed to the City Clerk. The public hearing is held pursuant to Huntington Beach Municipal Code Section 17.08.010 adopting Uniform Housing Code Section 1602. Dated: June 28, 2002 CITY OF HUNTINGTON BEACH Connie Brockway, City Clerk 2000 Main Street Huntington Beach, CA 92648 i spano abatement 06/27/02 r Joe Domenico Spano/Mr.Joe Spano Linda Francis Spano Aka Mary Francis Joe Domenico Spano/Mr.Joe Spano Copen Banger and Associates Jewell Spano 240 Vista Montana#6-Q Attn: Mark Ross Heibron Elderly Care San Clemente,CA 92672 4 Hutton Center Drive Suite 720 8792 W. Cerritos Ave Santa Ana, CA.92707 Anaheim, CA 92804 Laurence M.Watson,Esq.,County Counsel Administrator,Heibron Elderly Care William A. Baker,Public Guardian Jan T.Martin,Esq.Deputy County Counsel 8792 W. Cerritos Ave 1300 South Grand Avenue Hope E.Snyder,Esq.Deputy County Counsel Office of the County Counsel of County of Orange Anaheim, CA 92804 Santa Ana, CA 92705 10 Civic Center Plaza,P.O.Box 1379 Santa Ana,CA 92702-1379 Deputy Public Defender,Mental Health Division Cherly Beasley,Deputy Public Defender 600 W. Santa Ana Blvd, Suite 600 Santa Ana, CA 92701 I I RCA ROUTING SHEET INITIATING DEPARTMENT: Planning SUBJECT: SPECIAL ASSESSMENT FOR RECOVERY OF COSTS OF ABATEMENT 16911 BOLSA CHICA-SPANO PROPERTY COUNCIL MEETING DATE: July 15, 2002 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attome Not Applicable Certificates of Insurance (Approved by the City Attome Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RE RNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM: (Below • . For Only) RCA Author: HZ:SH:BZ:rl PROOF OF PUBLICATION STATE OF CALIFORNIA) SS. County of Orange ) I am a Citizen of the United States and a NOTICE ' . ADMINISTRATIVE HEARING resident of the County aforesaid; I am 01HECITYCOUNCIL v over the age of eighteen years, t T g g Y � an no a HUNTINGTON BEACH party to or interested ' in the below NOTICE IS• HEREBY GIVEN.,�that. a�-Public_. entitled matter. I am a principal clerk of Hearing the City Council be held by , ouncil of the' the HUNTINGTON BEACH INDEPENDENT, a City h Huntington Beach in, the City .Council Chambers, 2000 Main newspa er of general circulation printed Street, Huntington Beach;California;92648 and pu lished in the City of Huntington at the hour thereafter, or as soon thereafter as Beach, County of Orange, State of possible, 2 Monday, July 15,2002 to consider' California, and that attached Notice is a the adoption proposed Resolution, enn titled "A RESOLUTION OF THE true and complete copy -as was ' printed CITY COUNCIL IN THE CITY OF;HUNTINGTON and published in the Huntington Beach BEACH CERTIFYING SPECIAL'ASSESSMENTS and Fountain Valley issues of said FOR RECOVERY OF COSTS 'OF ABATEMENT OF NUISANCE'AT 16911 newspaper to wit the issue(s) of: BOLSA OHICA .STREET (SPANO PROPERTY):'.. . A copy of the proposed Resolution is;on file,in the City Clerk's Office, 2000 Main Street,`Hun tington Beach, CA. 92648, for inspection'by. July 4 2002 the public. i An administrative hearing,is required by the Huntington Beach Municipal Code Section' 17.08.010 adopting Uniform Housing Code Section r602. Only I declare under penalty of perjury, that — prtitled o:s6ears tan'. i , entitled to speak at an administrative hearing. the foregoing is true and correct. All other 'inte7ested ,parties- may speak at regular'public comment I at beginning of the. meeting. Written com- munications to the City Executed on July 4 1 2002 council may also be at Costa Mesa, California. mailed p the City Clerk. The,public hearing is held; pursuant to,Hun- tington Beach Municipal Code Section 17.08.010 adopting Uniform Hou s- ing Code Section 1602., Dated:June 28,2002 ' CITY OF , HUNTINGTON BEACH Connie Brockway, 'City Clerk,2000 Main Street;Huntington, Beach,CA 92648 Published'Huntington Beach Independent 02o1- 7a • CITY OF HUNTINGTON BEACH Inter-Department Communication TO: CONNIE BROCKWAY, City Clerk r � FROM: GAIL HUTTON, City Attorney tV DATE: July 15, 2002 D SUBJECT: Late Communication—Item D-1.6 Due to clerical error an amendment should be made by interlineation per the attached as part of City Council's motion to adopt the resolution pursuant to the Recommended Action. GAIL HUTTON, City Attorney /K �- �� P jmp/02memo/late RESOLUTION NO. W k" 6 v A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CERTIFYING SPECIAL ASSESSMENTS FOR RECOVERY OF COSTS OF ABATEMENT OF NUISANCE WHEREAS, the City Council has adopted Huntington Beach Municipal Code 17.08.010 which adopts the 1997 Uniform Housing Code (UHC); and WHEREAS,UHC Section 1401.3 authorizes the City to cause repairs to correct the conditions that render a building substandard; and WHEREAS, UHC Section 1605.3 authorizes the City Council to order that the costs incurred by the City in repairing the property be assessed against the property as a special assessment; and M11 WHEREAS, the City has incurred costs in the repair of the property located at 205I -Salt *iL e-ircf , Huntington Beach, California, 92646; and dalSa c°Aica gZIWI WHEREAS, the City Council wishes to order the costs of repair to be assessed against the property as a special assessment. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach as follows: 1. The City Council held an administrative public hearing on , which was properly noticed as required by Uniform Housing Code Section 1602, for the purpose of certifying a special assessment against a property where the City has incurred costs of repair in abating a public nuisance. 2. The special assessment designated on Exhibit A,which is attached and incorporated herein by this reference, is hereby certified as representing the costs incurred by City in repairing a substandard property and qualified for collection as a special assessment under UHC 1605.3. 3. The City Council as part of the City's nuisance abatement program orders that these costs are to be collected as special assessments against the property shown on Exhibit A pursuant to the provisions of UHC Chapter 16. 4. Pursuant to such authority, the City Treasurer is directed to take the requisite steps for recording notice of such assessments against the respective properties in the property records of the County of Orange and for obtaining the collection of such assessments by the Tax Collector r- of the County of Orange. �P jmpi misc/admin/resoluti/07/03i02 ATTACHMENT 1 y' � 5 07 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CERTIFYING SPECIA ASSESSMENTS FOR RECOVERY OF COSTS OF ABATEMENT OF NUISANCE WH AS, the City Council has adopted Huntington Beach Municipal Code 17.08.010 which adopts t 1997 Uniform Housing Code (UHC); and WHEREA UHC Section 1401.3 authorizes the City to cause repairs to correct the conditions that rende a building substandard; and WHEREAS, UH Section 1605.3 authorizes the City Council to order that the costs incurred by the City in rep a' 'ng the property be assessed against the property as a special assessment; and WHEREAS, the City has ' curred costs in the repair of the property located at 20551 Salt Air Circle, Huntington Beach, Cali rnia, 92646; and WHEREAS, the City Council 'shes to order the costs of repair to be assessed against the property as a special assessment. NOW THEREFORE, BE IT RESOL D by the City Council of the City of Huntington Beach as follows: 1. The City Council held an administrat' e public hearing on , which was properly noticed as required by Uniform using Code Section 1602, for the purpose of certifying a special assessment against a property wh e the City has incurred costs of repair in abating a public nuisance. 2. The special assessment designated on Exhibit A, hich is attached and incorporated herein by this reference, is hereby certified as represe ing the costs incurred by City in repairing a substandard property and qualified for collection a a special assessment under UHC 1605.3. 3. The City Council as part of the City's nuisance abatement pro ram orders that these costs are to be collected as special assessments against the property sho on Exhibit A pursuant to the provisions of UHC Chapter 16. 4. Pursuant to such authority, the City Treasurer is directed to take the re isite steps for recording notice of such assessments against the respective properties in the propert ecords of the County of Orange and for obtaining the collection of such assessments by the Tax Collector of the County of Orange. j mp/mi sc/ad mi n/reso I u ti/07/03/02 F, Agenda Item. D-1 E �p►dm�inEstrat�ve Pubtic Hearing �� Public Hearing to consider the adoption of ; Resolution No 2002-6$, entitled "A Res6lutio`n of he City Council of the 'Gity of Huntington Beach'Cerr 1fying Special' Assessment for Recovery of Costs for Abatement of Nuisance (Spann Property} 16911 Bofsa ChIca Street" k `S ` a ..... :', .......... � er,aa"�-rt'� s ,� r 5 ' h.. "sue' '� i� OR tatff tc �r art � e Me ~� » �d' „�Y„�� �v�ei• !V t� Masses"sment agatnst¢pnvate prop+ y��c � � � k .n5 k d ,x •>x✓' "f5 s+FC } 1 E?911{ Bo &C'h 1ca;IfoEA.I value of,costs incurred`,,- r" i VTF t sT sx'� t n "v�xatt.. tr x Eby the City �nt abating abnuisance "' a 'H rr y. r. �. k t J �, `z•, w+u .�k Kk�, "}KT'�:��. 's'�a4, k^n Syr �i. �'4Yk' 1^ S,Sk- t. INC 7. JzD f 4, 4. a,,.,r-2,��w ,, .f ,-,'5�._�-- -ctc x-�. rV�• 'r ,u"Y.x. s�' x 'r ..r�t _ ?�: �sn�y - 5 s. sc F. 4 xZ E3ecei- b.e € .b ode En grcernen Initiated a Dangervu B i d�ngtPubt�c lwsanGe Pfotice and"C.lyd : .May 6, 2f302 City Counc-i aPPi oved ac#d tianaX r funding'afh$20,000`forthe,`abatementbf dangerous ,building.and priblic nuisance ,.: May 8, 2002 City obtained an .abatemenfi'warrant tn' en ..ter the-property-to remedy the code violations _. May 3I 2002 'City entered into'agreement with Greenleaf Gr dpng Compan to abate_the;danger..ous ` IT SIR 4M14.t% � ,�,'.,�s � 2„ Lm ,(�wd4.' 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W L, fY OF HUNTINGTON BEACP. MEETING DATE: MAY 6, 2002 DEPARTMENT ID MBER: PL82-16 Council/Agency Meeting Held: Deferred/Continued to: Xroved ❑ onditionally Approved ❑ Denied ierk's i nature Council Meeting Date: MAY 6, 2002 Department ID Numb PL02-16z ti CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: WILLIAM P. WORKMAN, Assistant City Administrator D PREPARED BY: HOWARD ZELEFSKY, Director of Planning AZI SUBJECT: APPROVE ADDITIONAL FUNDING TO THE NUISANCE PROPERTY ABATEMENT FUND AND AUTHORIZE THE EXECUTION OF A CONTRACT TO FACILITATE THE ABATEMENT OF A NUISANCE PROPERTY (SPANO RESIDENCE - 16911 BOLSA CHICA STREET) Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Transmitted for your consideration is a request from the Planning Department to: 1) appropriate additional funds ($20,000) to the Nuisance Property Abatement Fund and, 2) authorize the execution of a Nuisance Abatement contract to facilitate the abatement of a nuisance property located at 16911 Bolsa Chica Street. The property has been a nuisance for at least 18 months and the abatement includes demolishing an existing single-family residence and swimming pool, and removal of dead/ decaying/overgrown vegetation and all junk, trash, and debris on the property. A lien will ultimately be placed on the property for reimbursement to the City for costs incurred in abating this nuisance. Funding Source: Unreserved General Fund in the amount of$20,000. PL02-16 - 5/2/200210:21 AM REQUEST FOR ACTION MEETING DATE: MAY 6, 2002 DEPARTMENT ID NUMBER: PL02-16 Recommended Action: Motion to: 1. "Appropriate $20,000 from the Unreserved General Fund, account number 100.31.100.1999 to the Nuisance Property Abatement Fund, account number 10060301.64900, and" 2. "Approve and authorize the Assistant City Administrator to execute a services contract in substantially the same form and upon approval as to form by the City Attorney as the attached sample between the City of Huntington Beach and a contractor to be selected for Nuisance Abatement Services at 16911 Bolsa Chica Street." Alternative Action(s): The City Council may make the following alternative motion(s): 1. "Deny the appropriation of additional funds to the Nuisance Property Abatement Fund to facilitate the abatement of a nuisance property located at 16911 Bolsa Chica Street." 2. "Continue the item and direct staff accordingly." Analysis: A. REQUEST The request is two-fold in order to abate a _dangerous building and a nuisance property at 16911 Bolsa Chica Road: 1. To appropriate $20,000 from the Unreserved General Fund to the Nuisance Property Abatement Fund; and 2. To authorize the City Administrator to execute a Nuisance Abatement contract engaging a contractor to perform the demolition work. Abatement actions include the demolition of the existing single-family residence, the demolition of the in-ground swimming pool, and the removal of all dead, decaying, and overgrown vegetation, and all junk, trash, and debris on the property. However, the costs to abate the property exceed the amount of funds currently available in the City's Nuisance Property Abatement Fund. PL02-16 5/2/2002 10:21 AM O� REQUEST FOR ACTION MEETING DATE: MAY 6, 2002 DEPARTMENT ID NUMBER: PL02-16 The cost of abating the nuisance is anticipated to total $20,000. The following is a tentative schedule for the abatement following the approval of additional funds: 1. May 7, 2002: Obtain Abatement Warrant from West Court to enter onto the property and take abatement actions. 2. May 8 - 24, 2002: Abatement work performed by contractor 3. June 17, 2002: Council will be requested to approve the placement of a lien on the property for the value of the work actually performed. 4. June 18, 2002: Staff submits lien in person to the County Recorder's Office. Previous cloud on title providing notice of pending action to abate a dangerous building is removed. All changes/additions appear on title within four days. The timeframe in which the City can anticipate repayment of the abatement costs via the lien process ranges from.one month to four years. The following are three potential scenarios and corresponding timeframes for repayment: 1. Property owner or his/her successors make voluntary payment after receiving notice of the costs associated with abatement and after the filing of the lien. Under this scenario, payment may occur within one month after the abatement of the property. 2. Property owner or his/her successors make payment through an assessment appearing on the property tax bill this fall. Under this-scenario, payment may occur when the property tax bill is paid later this year. 3. County initiates foreclosure of the property to recover the debt after it remains unpaid for four years. Under this scenario, payment would occur upon the completion of the foreclosure sale, however, interest would also be accrued throughout this four year time period. B. CODE ENFORCEMENT BACKGROUND Code Enforcement first received complaints regarding this property in October 2000, regarding substandard property and the accumulation of junk and debris. The initial inspection revealed the property was unsecured and had a notice of public auction posted on the front gate. Additionally, windows were smashed, the front room had visible fire damage, and multiple examples of extensive exterior dilapidation were observed. The numerous violations observed at this property encompassed 18 different municipal, building, and housing code regulations. Upon further investigation, Code Enforcement discovered that the Orange County Public Guardian was in control of the property, due to the owner, Linda Francis Spano being no longer capable of caring for herself, her property, or her assets. The County Public Guardian PL02-16 1F 5/2/2002 10:21 AM 3 REQUEST FOR ACTION MEETING DATE: MAY 6, 2002 DEPARTMENT ID NUMBER: PL02-16 had put the house up for auction but the auction was halted after an appeal was filed by St. Peter's by the Sea, claiming they were currently involved in purchasing an interest in the property from Joe Spano, son of Linda Spano. In December of 2000, the house and property were secured by the County Public Guardian, and Code Enforcement suspended the case pending a resolution of the ownership issues between St. Peter's by the Sea and the County Public Guardian. Between December of 2000 and December of 2001, the property experienced one transient related fire, and was broken into numerous times and subsequently re-secured after each break-in. No attempts were made by either the County Public Guardian or Joe Spano to correct the existing violations and the condition of the property continued to decline. C. NUISANCE ABATEMENT PROCESS/NOTIFICATION In December of 2001, no progress had been made in resolving the ownership issue. Code Enforcement continued to receive complaints regarding the property's conditions and Huntington Beach Police and Fire Departments continued to receive calls for service regarding transient activity and safety concerns of adjacent property owners. Based upon these conditions, Code Enforcement initiated a Dangerous Building Notice and Order, and the building was declared to be an imminent danger to the public and surrounding properties. Notification of all parties of interest listed on the property's title report were mailed a declaration of dangerous building notice and order, via certified mail on December 19, 2001, and a notice and order packet was posted on the front gate of the property on the same date. A declaration of dangerous building and notice of pendency of action was also recorded with the County Recorder's Officer and appears on the title report for the property. All parties were given 30 days to appeal the notice and order or bring the property up to code by correcting all violations. The case was suspended until January 21, 2002 for re-inspection. These actions are consistent with the procedures outlined in the Universal Housing Code and the Universal Building Code for the initiation of abatement of dangerous buildings and nuisance properties. As of January 21, 2002, no appeals had been received and the property was in the same condition as on December 19, 2001. Code Enforcement began the process of filing for an abatement warrant to demolish the dangerous building. On February 1, 2002, Code Enforcement discovered a more recent"last known address" for Joe Spano than originally indicated in December of 2001. As part of the City's diligence to due process, a new notice and order packet was mailed via certified mail to Joe Spano at the newly discovered address. On February 8, 2002, an attorney representing Joe Spano contacted Code Enforcement and an additional Notice and Order packet was mailed to the attorney. The case was suspended until March 11, 2002, allowing Mr. Spano and his attorney 30 days to appeal the notice and order or to bring the property up to code. PL02-16 ;6- 5/2/2002 10:21 AM REQUEST FOR ACTION MEETING DATE: MAY 6, 2002 DEPARTMENT ID NUMBER: PL02-16 As of March 11, 2002, and to date, no appeal has been received nor has the property been brought up to code. Code Enforcement staff are now prepared to move forward with the abatement of the nuisance property.' D. BENEFIT OF APPROVAL By approving the additional funding for the abatement of the property, the City will benefit through the elimination of a dangerous building and a nuisance property in a quick and efficient manner. These actions are deemed necessary based upon the extensive code violations, the current condition of the property, and the repeated calls for service to code enforcement, police, and fire. The Police Department has received 27 calls for service over the last 18 months regarding this property, and has received 15 calls for service at the adjoining property (16931 Bolsa Chica, St. Peter's by the Sea Church) during the same time period for issues stemming from this property. E. IMPACT OF DENIAL The denial of the request means code enforcement staff would attempt to gain compliance through other measures, prolonging the existence of the dangerous building and nuisance, calls for service may continue to be received by the police and fire departments and code enforcement, and surrounding properties would continue to be negatively impacted until the other measures were successful in abating the nuisance. Other measures that could be employed to address the issues on this property in lieu of demolition include Administrative Citations and/or Criminal Citations. However, these measures are time consuming and may not result in the timely eradication of the dangerous building and nuisance, may result in the filing of a lien to recover fines if not paid, and may result in a request by Code Enforcement to the City Attorney's Office for prosecution of the property owners, which would include Joe Spano and the County Public Guardian's Office. COUNCIL POLICY REGARDING REQUESTS FOR AN APPROPRIATION OF GENERAL FUNDS As adopted by the City Council in March 1998, all requests for appropriation of general funds must meet one of the following criteria; 1) The request is for an unanticipated emergency, 2) The request is required to implement labor negotiations, or 3) The request will be offset by related new revenues. The new appropriations being requested are an unanticipated emergency. In addition, the City will ultimately be reimbursed for the costs associated with the abatement via a lien to be recorded on the property. Environmental Status: PL02-16 5/2/200210:21 AM i REQUEST FOR ACTION MEETING DATE: MAY 6, 2002 DEPARTMENT ID NUMBER: PL02-16 Project is exempt from environmental review pursuant to Section 15268 Ministerial Projects of the California Environmental Quality Act. Attachments : City Clerk's Page Number No. Description 1 Sample Services Contract for Nuisance Abatement Services 2 Fiscal Impact Statement 3 Current Photos of Property RCA Author: William J. Zylla/Scott Hess PL02-16 / 5/2/2002 10:21 AM f� ATTACHMENT # 1 SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR NUISANCE ABATEMENT SERVICES THIS AGREEMENT, made and entered into this day of by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and , a California , hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for services, hereinafter referred to as "PROJECT," generally described as nuisance abatement services in the City of Huntington Beach and more specifically described in the attached Exhibit A; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK, ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor,plans, tools, equipment, supplies, transportation, utilities and all other items, services, applicable permits, and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connection with the work, including,but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work 0l agree/trugreen/4/26/02 1 within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK, PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "B"); Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 0l agree/trugreen/4/26/02 2 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. PAYMENT CITY shall pay CONTRACTOR for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit B. The payments specified in Exhibit B shall be the only payments to be made to CONTRACTOR for services rendered pursuant to this Agreement unless,pursuant to Paragraph 1 above, CITY approves additional compensation for additional services. CONTRACTOR shall submit all billings for said services to CITY in the manner specified in Exhibit B, or, if no manner be specified in Exhibit B, then according to the usual and customary procedures and practices which CONTRACTOR uses for billing clients similar to CITY: 5. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within three (3) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within ten (10) consecutive working days from the day the "Notice to Proceed" is issued by CITY, excluding delays provided for in this Agreement. 6. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. 01 agree/tmgreen/4/26/02 3 7. TERMINATION CITY reserves the right to terminate the agreement or any portion thereof, unilaterally at any time and for any reason by service of ten (10) days written notice to CONTRACTOR. 8. CHANGES CONTRACTOR shall adhere strictly to the Scope of Services set forth in Exhibit A unless a change therefrom is authorized in writing by the Planning Department. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the Planning Department may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the Planning Department, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the Planning Department. CITY reserves the right to make such increases or decreases in the quantity of any item of work to be performed or furnished under this Agreement; and in the event that any such increase or decrease in the quantity of work to be performed or finished is so ordered, the amount to be paid CONTRACTOR under this Agreement shall be correspondingly increased or decreased, as the case may be, in proportion to the increased or decreased quantities of work. 9. SAFETY PRACTICES CONTRACTOR shall comply fully with all laws, orders, citations, rules, regulations, standards and statutes, with respect to occupational health and safety, the handling and storage of hazardous materials, accident prevention, safety equipment and construction practices. CONTRACTOR shall conduct inspections to determine that safe working conditions and equipment exist and accepts sole responsibility for providing a safe place to work for its employees 0 1 agree/trugreen/4/26/02 4 and for employees of its subcontractors and suppliers of material and equipment, if any, for adequacy of and required use of all safety equipment and for full compliance with the aforesaid laws, orders, citations, rules, regulations, standards and statutes. 10. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR,within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten- (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 11. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 12. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims,judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any 01agree/tmgreen/4/26/02 5 negligent act or omission of the CONTRACTOR, and subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence except where caused by the active negligence, sole negligence, or willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. 13. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000)bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000)bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000)bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors'employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 14. INSURANCE In addition to the workers' compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of 0 1 agree/tnigreen/4/26/02 6 their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of$1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self-insured retention, or a"deductible"or any other similar form of limitation on the required coverage. 15. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work-hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY; and 4. shall state as follows: "The above-detailed coverage is not subject to any deductible or self-insured retention, or any other form of similar-type limitation." CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. 01 agree/trugreen/4/26/02 7 The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner,the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 16. NON-ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 17. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code sections 1090 et seq. 18. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to the following authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 01 agree/trugreen/4/26/02 8 FOR CITY FOR CONTRACTOR Director of Planning City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 19. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 20. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of U.S.C. Section 1324a regarding employment verification. 21. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 22. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 01 agree/trugreen/4/26/02 9 23. ENTIRETY The foregoing, and Exhibits "A," and "B" attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: print name ITS: (circle one)Chairman/President/Vice President Director of Administrative Services AND (Pursuant to HBMC Chapter 3.02) By: APPROVED AS TO FORM: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary-Treasurer City Attorney Ip INITIATED AND APPROVED: - REVIEWED AND APPROVED: Director of Planning City Administrator Olagree/tnigreen/4/26/02 10 EXHIBIT A ADDRESS: 16911 Bolsa Chica Huntington Beach, CA APN: 178-263-11 LEGAL DESCRIPTION: 16911 Bolsa Chica Huntington Beach, CA APN 178-263-11 General Description of the Property to be Abated(Including Tasks to be Performed): EXHIBIT A agree/forms/nuisance sample EXHIBIT B FEE SCHEDULE- MANNER OF PAYMENT 1. Payment will be made upon City's acceptance of the bill and cost breakdown. CONTRACTOR shall submit a detailed bill and cost invoice reflecting each charge for which it seeks compensation. CONTRACTOR shall not invoice CITY prior to the completion of the sacrament. 2. Request for payment Shall be sent to: Director of Planning City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 3. CONTRACTOR shall retain payroll, accounting, or other records necessary to support an audit of its invoices. 4. CITY shall not be obligated to pay for any service not specifically authorized by this contract and not defined in the notice to proceed issued by CITY. CONTRACTOR shall perform any additional services relating to this project as requested in writing by the CITY representative. 5. All work shall be billed according to CONTRACTOR and attached as part of Exhibit B. 6. Any additional work approved in writing by CITY or set forth in this Agreement shall be billed by CONTRACTOR on an hourly basis, or any portion of an hour. Additional work shall be charged at the hourly rate of$ 7. Maximum payment under this contract shall be $1,250.00. RECEIVED AND APPROVED: Dated: Contractor EXHIBIT B Jmp/planning/bolsa/April 15,2002 ATTACHMENT #2 � CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION To: Ray Silver, City Administrator From: Clay Martin, Director of Administrative Services Subject: FIS 2002-17 Approve Additional Funding to the Nuisance Property Abatement Fund and Authorize the Execution of a Contract to Facilitate the Abatement of a Nuisance Property (Spano Residence) Date: April 24, 2002 As required by Resolution 4832, this Fiscal Impact Statement has been prepared for "Approve Additional Funding to the Nuisance Property Abatement Fund and Authorize the Execution of a Contract to Facilitate the Abatement of a Nuisance Property (Spano Residence)". If the City Council approves this request (total appropriation $20,000), the estimated unreserved, undesignated General Fund balance at September 30, 2002 will be reduced to $8,978,500. 44� Clay Martin Director of Administrative Services ATTACHMENT #3 f 1 2 rt 3 r � n f 1 d i m ' 3 f t 70 a � i r �f PHOTO PAGE 1 1p y� } s r � � R x - 4 0", kill �+ a e a}7 � A� � w PHOTO PAGE 2 2 µ a St ' - �:': • �=_'1k x� 5 '.?.s,ai 'i S F` y �£ �� 3 .a.-F ,4 i 'y � a r `zf r 4 k 'S•g °�" SA- — ICI ��� �I�� oil ISO 11 h - ' .m . E _ y ne.«� x r PHOTO PAGE 3 v 2 k1 f} g IM IS r ,Als F- oil� b KZ •` -f3� r%= 5. k.�'k". "' rax' r, cx9 „ ,a S;.„t. ;... ' - :,w'".�+ c ,.,. ,,,.;� ,4�*b yy�� i 3 IN P _ a i n a F PHOTO PAGE 4 r� �} ax' r44 g«�i+Mj�n'3 } YJ �""„�' !< "� 4 3 -I M 3 !�I f i Ia E ,I 4!i - a u M Fs k W mg `' PHOTO PAGE 5 �r y t, r. y I € r r i i 04 CD 4 NO ip ibk r � � r t a UIn r t m Cl)13 s' RCA ROUTING SHEET INITIATING DEPARTMENT: Planning SUBJECT: ABATEMENT OF NUISANCE PROPERTY SPANO RESIDENCE -16911 BOLSA CHICA STREET COUNCIL MEETING DATE: May 6, 2002 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attome Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attome Not Applicable Certificates of Insurance (Approved by the City Attome Not Applicable Financial Impact Statement (Unbudget, over$5,000) Attached Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVLEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk `EXPLANATION FOR RETURN OF ITEM (Below • . 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