HomeMy WebLinkAboutAdditional Funding to the Nuisance Property Abatement Fund - Okld'+IMAL RJF(,a)oe�D Cart
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RECORDING REQUESTED BY: I_ Recorded in Official Records, County of Orange
Darlene Bloom, Interim Clerk-Recorder
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002059852011:01am 07118102
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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
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" 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
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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
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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
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(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
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