TO: Honorable Mayor and Members of the City Council
FROM: Ryan Smoot, City Manager
SUBJECT: Consideration and possible action to adopt Resolution No. 24-39 – A Resolution adopted pursuant to Bellflower Municipal Code (“BMC”) Chapter 2.20 and Public Contracts Code § 20168 finding that a local emergency exists within the City and authorizing contracting without the need for bidding pursuant to § 22050 and Bellflower Municipal Code § 3.28.070(d) and finding that the nuisance abatement project at 17617-17629 Bellflower Boulevard is exempt from review under the California Environmental Quality Act as an emergency project.
DATE: July 8, 2024
RECOMMENDATION TO CITY COUNCIL
1. Adopt Resolution No. 24-39; and
2. Authorize funding up to $300,000 for the nuisance abatement project at 17617-17629 Bellflower Boulevard; or
3. Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
The cost to abate Bellflower Municipal Code violations at 17617-17629 Bellflower Boulevard is estimated to be $300,000 to be paid out of Code Enforcement (CDBG and General Fund).
BACKGROUND
On or about December 20, 2023, the City and DGSG Investment Properties, LLC (“DGSG”) entered into a Code Enforcement Compliance Agreement for 17617-17639 Bellflower Boulevard, which was amended on or about April 18, 2024 (together, the “Compliance Agreement”). DGSG is the current property owner of 17617-17629 Bellflower Boulevard in the City of Bellflower. The Compliance Agreement was entered into due to DGSG failing to maintain the Property in compliance with the Bellflower Municipal Code (“BMC”), including, without limitation, BMC Chapter 8.36 (Public Nuisances) and Chapter 8.40 (Registration and Maintenance of Vacant Properties). 12-A
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BELL F O <4 X
t r o taf‘ep s
Staff Report – Declaration of Emergency
July 8, 2024
BACKGROUND – Continued
The Compliance Agreement (Agreement File No. 1024) required DGSG to post a $100,000 surety in a form approved by the City Attorney to guarantee performance of DGSG’s obligations under the BMC and the Compliance Agreement. The Compliance Agreement notes that should DGSG fail to comply with the BMC, including without limitation, BMC Chapters 8.36 and 8.40, during the term of the Compliance Agreement or if DGSG is not carrying out the intent of this Agreement, the City may serve written notice upon DGSG and its surety demanding satisfactory compliance with this Agreement.
DGSG failed to comply with the BMC and is in breach of its Compliance Agreement.
Therefore, the City served DGSG with a written notice regarding the noncompliance on July 2, 2024. If DGSG does not bring the Property into full compliance with the BMC, including, without limitation, Chapters 8.36 and 8.40, within five business days (by July 10, 2024), then the City, at its sole discretion, will use reasonable force to enter the Property and perform any abatement necessary to bring the Property into compliance with the BMC, including, without limitation, Chapters 8.36 and 8.40. The costs of such abatement will be charged to DGSG on a time and materials basis.
In such event, the City may take possession of and utilize in completing said abatement, construction, any materials, appliances, and other property belonging to DGSG as may be on the site of the work without liability to the City. DGSG must reimburse the City for any costs or damages related to the CITY’s abatement efforts to bring the Property into compliance with the BMC, including without limitation BMC Chapters 8.36 and 8.40 as well as attorney’s fees and costs.
DISCUSSION
Pursuant to Public Contracts Code (“PCC”) § 20168, the City Council may, upon a four-fifths vote, declare that public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property because of an emergency. In accordance with PCC §§ 20168 and 22050, the City Council may repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts.
Based upon the current site condition of 17617-17639 Bellflower Boulevard and DGSG’s noncompliance of the BMC, a local emergency exists within the City’s territorial limits. Subject to the limitations of Resolution No. 24-39, the City Manager, as the Director of Emergency Services, is empowered to carry out all emergency powers conferred upon him/her as the Emergency Services Director by local and state laws, and by all other lawful authority, as may be necessary to protect life and property.
During the existence of a local emergency, the powers, functions, and duties of the Emergency Services Director and the emergency organization of this City will be those prescribed by state law, by ordinance, and resolutions of this City approved by the City Council.
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Staff Report – Declaration of Emergency
July 8, 2024
DISCUSSION – Continued
In summary, adopting Resolution No. 24-39 would:
1. Authorize the City Manager to take all steps necessary to protect public health, safety, welfare and property including, without limitation, awarding contracts in accordance with PCC § 22050 and BMC Chapter 2.20;
2. Direct the City Manager to take all steps necessary to protect public health, safety and welfare including, without limitation, awarding contracts in accordance with PCC § 22050 and BMC Chapter 2.20;
3. Direct the City Manager and the City Attorney to take all steps necessary to recoup all costs to abate the public nuisances on the Property, including, without limitation, utilizing DGSG’s $100,000 surety deposit, pursue nuisance abatement liens and/or special assessment against the Property pursuant to BMC Chapter
8.36, civil lawsuit, or by any other lawful means; and
4. Amend the 2024-2025 budget to establish a $300,000 appropriation from the CDBG and General Fund Code Enforcement including corresponding adjustments to revenues, to pay for property abatement at 17617-17639 Bellflower Boulevard.
ENVIRONMENTAL REVIEW
The Resolution itself and the projects anticipated by the Resolution were reviewed pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regulations §§15000, et seq., the “CEQA Guidelines”). Based upon that review, the Projects are exempt from further review pursuant to CEQA Guidelines § 15269(a) because the protection of public and private property is necessary to maintain service essential to the public, health and welfare.1
ATTACHMENT
Resolution No. 24-39…………………………………………………………………………3
1 CEQA findings regarding an anticipated imminent emergency are valid (see CalBeach Advocates v. City of Solana Beach (2002) 103 Cal.App.4th 529).
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CITY OF BELLFLOWER
RESOLUTION NO. 24-39
A RESOLUTION ADOPTED PURSUANT TO BELLFLOWER MUNICIPAL
CODE (“BMC”) CHAPTER 2.20 AND PUBLIC CONTRACTS CODE
§ 20168 FINDING THAT A LOCAL EMERGENCY EXISTS WITHIN THE
CITY AND AUTHORIZING CONTRACTING WITHOUT THE NEED FOR
BIDDING PURSUANT TO § 22050 AND BELLFLOWER MUNICIPAL
CODE § 3.28.070(D) AND FINDING THAT THE NUISANCE ABATEMENT PROJECT AT 17617-17629 BELLFLOWER BOULEVARD IS EXEMPT
FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT AS AN EMERGENCY PROJECT
THE CITY COUNCIL DOES RESOLVE AS FOLLOWS:
SECTION 1: The City Council finds and declares as follows:
A. On or about December 20, 2023, the City and DGSG Investment Properties, LLC (“DGSG”) entered into a Code Enforcement Compliance Agreement for 17617-17639 Bellflower Boulevard, which was amended on or about April 18, 2024 (together, the “Compliance Agreement”). DGSG is the current property owner of 17617-17629 Bellflower Boulevard in the City of Bellflower. The Compliance Agreement was entered into due to DGSG failing to maintain the Property in compliance with the Bellflower Municipal Code (“BMC”) including, without limitation, BMC Chapter 8.36 (Public Nuisances) and Chapter 8.40 (Registration and Maintenance of Vacant Properties).
B. The Compliance Agreement (Agreement File No. 1024) required DGSG to post a $100,000 surety in a form approved by the City Attorney to guarantee performance of DGSG’s obligations under the BMC and the Compliance Agreement. The Compliance Agreement notes that should DGSG fail to comply with the BMC including, without limitation, BMC Chapters 8.36 and
8.40, during the term of the Compliance Agreement or if DGSG is not carrying out the intent of this Agreement, the City may serve written notice upon DGSG and its surety demanding satisfactory compliance with this Agreement.
C. DGSG failed to comply with the BMC and is in breach of its Compliance Agreement. Current violations of the BMC include, without limitation, the following:
1. BMC § 8.36.030(6) – Exterior portions of buildings or structures (including, but not limited to, roofs, balconies, decks, fences, stairs, stairways, walls, signs and fixtures), as well as sidewalks, driveways and parking areas, that have become defective, unsightly, or are maintained in a condition of dilapidation, deterioration or disrepair to such an extent as to result in, or tend to result in, a diminution in property values, or interferes with the peaceful use, possession and/or enjoyment of adjacent properties, or where such condition otherwise violates or is contrary to the Bellflower Municipal Code, or California or Federal law.
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City of Bellflower
Resolution No. 24-39
2. BMC § 8.36.030(A)(11) – Overgrown vegetation including, without limitation, any one of the following:
(a) – Vegetation likely to harbor, or promote the presence of, rats, vermin and/or insects;
(b) – Vegetation causing or tending to cause detriment to neighboring properties, or that is out of conformity with neighboring community standards to such an extent as to result in, or contribute to, a diminution of property values
(c) – Vegetation that creates, or promotes, the existence of a fire hazard;
(d) – Vegetation that overhangs or grows onto or into any public property, including, but not limited to, any public alley, highway, land, sidewalk, street or other right-of-way, so as to cause an obstruction to any person or vehicle using such public property;
3. BMC § 8.36.030(A)(12) – Dead, decayed, diseased or hazardous trees, weeds, ground cover, and other vegetation, or the absence of healthful vegetation, that causes, contributes to, or promotes, any one of the following conditions or consequences:
(a) – An attractive nuisance;
(b) – A fire hazard;
(c) – The creation or promotion of dust or soil erosion;
(d) – A diminution in property values;
(e) – A detriment to public health, safety or welfare.;
4. BMC § 8.36.030(A)(32) – Maintenance of inadequate landscaping upon any portion of any premises that is visible from any public street, public property or right-of-way if the premises is located in a residential zone; or maintenance of inadequate landscaping upon any portion of any premises in any commercial or industrial zone. "Inadequate landscaping" means such landscaping as results in a diminution of the appearance of the subject premises as compared with neighboring property, or degrades the aesthetic quality of the subject premises, or reduces property values in the immediate neighborhood, and includes but is but not limited to the following:
(a) – Lack of groundcover or lawns, shrubs, or other vegetation in any portion of the premises not otherwise developed with a structure, paving, or landscaping hardscape;
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City of Bellflower
Resolution No. 24-39
(b) – Insufficient groundcover, lawn, or other landscaping material on the premises, resulting in blowing dust and/or soil erosion;
(c) – Trees, shrubs, lawn, or other plants that are dying from lack of water, fertilizer or maintenance, or from disease;
(d) – Failure to comply with any landscaping plan approved by the City in connection with the issuance of any land use approval for the premises;
5. BMC § 8.36.030(A)(33) – Any condition recognized in applicable law or in equity as constituting a public nuisance, or any condition existing on real property that constitutes, or tends to constitute, blight, or that is a health or safety hazard to the community or neighboring properties.
6. BMC § 8.36.040(B) – Unimproved Vacant Lot Types. Persons owning or maintaining vacant lots that were never developed or became vacant after pre-existing buildings, structures or impervious surfaces were removed, must provide a landscape and irrigation plan to the Director for approval within 30 days of the real property becoming vacant.
D. The City Council further finds these violations amount to a public nuisance that creates an imminent hazard to a person or persons, or to other real or personal property, warranting emergency action to abate an imminent hazard pursuant to BMC § 8.36.160.
E. Because of DGSG maintaining the Property in violation of BMC Chapters
8.36 and 8.40, the City served DGSG with a written notice regarding the noncompliance on July 2, 2024.
F. If DGSG does bring the Property into full compliance with the BMC, including, without limitation, Chapters 8.36 and 8.40, within five business days (by July 10, 2024), then the City, at its sole discretion, will use reasonable force to enter the Property and perform any abatement necessary to bring the Property into compliance with the BMC including, without limitation, Chapters 8.36 and 8.40. The costs of such abatement will be charged to DGSG on a time and materials basis.
G. Pursuant to Public Contracts Code (“PCC”) § 20168, the City Council may, upon a four-fifths vote, declare that public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property because of an emergency.
H. In accordance with PCC §§ 20168 and 22050, the City Council may repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts.
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City of Bellflower
Resolution No. 24-39
I. The City reviewed the project’s environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regulations §§15000, et seq., the “CEQA Guidelines”). Based upon that review, the City Council finds that the property abatement project at 17617- 17629 Bellflower Boulevard is exempt from further review pursuant to CEQA Guidelines § 15269(a) because the protection of public and private properties is necessary to maintain service essential to the public, health and welfare.
J. This Resolution, and its findings, is based upon the entirety of the record considered by the City Council at its July 8, 2024 meeting including, without limitation, the factual references identified in this Resolution, the staff report accompanying this Resolution, and the entire administrative record regarding 17617-17639 Bellflower Boulevard.
SECTION 2: Actions. Subject to the limitations set forth in this Resolution and in light of the emergency described above, the City Council takes the following actions:
A. Based upon the current site condition of 17617-17639 Bellflower Boulevard and DGSG noncompliance of the BMC, a local emergency exists within the City’s territorial limits. Subject to the limitations in this Resolution, the City Manager, as the Director of Emergency Services, is empowered to carry out all emergency powers conferred upon him/her as the Emergency Services Director by local and state laws, and by all other lawful authority, as may be necessary to protect life and property.
B. During the existence of this local emergency, the powers, functions, and duties of the Emergency Services Director and the emergency organization of this City will be those prescribed by state law, by ordinance, and resolutions of this City approved by the City Council.
SECTION 3: Authorizations. The City Council authorizes the City Manager, or designee, to undertake the following actions:
A. In light of the emergency described above, the City Council authorizes the City Manager to take all steps necessary to protect public health, safety, welfare and property including, without limitation, awarding contracts in accordance with PCC § 22050 and BMC Chapter 2.20.
B. Directs the City Manager to take all steps necessary to protect public health, safety and welfare including, without limitation, awarding contracts in accordance with PCC § 22050 and BMC Chapter 2.20.
C. Directs the City Manager and the City Attorney to take all steps necessary to recoup all costs to abate the public nuisances on the Property including, without limitation, utilizing DGSG’s $100,000 surety deposit, pursue nuisance abatement liens and/or special assessment against the Property pursuant to BMC Chapter 8.36, civil lawsuit, or by any other lawful means. -7-
City of Bellflower
Resolution No. 24-39
D. Amends the 2024-2025 budget to establish a $300,000 appropriation from the CDBG and General Fund Code Enforcement including corresponding adjustments to revenues, to pay for property abatement at 17617-17639 Bellflower Boulevard.
SECTION 4: Limitations. The City Manager, or designee, is required to implement this purpose of this Resolution as follows:
A. To the extent practicable, the City Manager, or designee, is required to utilize reasonable efforts to select responsible contractors at the lowest price to complete property abatement at 17617-17639 Bellflower Boulevard.
SECTION 5: Public Projects Findings. Pursuant to BMC § 17.04.120 (Public Projects), the City Council makes the following findings:
A. Reasonable attempts were made to comply with the zoning regulations in the BMC.
The proposed abatement project complies with the zoning regulations.
B. Strict and literal interpretation and enforcement of Title 17 of the BMC would inhibit the City’s ability to maintain public health, safety, and general welfare in a particular instance; and
It is in the public interest to expedite this project in order to abate the BMC violations that exist at 17617-17639 Bellflower Boulevard, and which, among other things, amount to an imminent threat to persons and/or property.
C. Granting of the exemption will not be detrimental to the public health, safety, and general welfare or materially injurious to properties or improvements in the vicinity.
The abatement project intends to address and mitigate existing public nuisances amounting to an imminent threat to persons and/or property, thereby promoting public safety and health. Furthermore, the exemption ensures that necessary actions can be taken swiftly to prevent further deterioration or harm, ultimately benefiting the community and surrounding properties by maintaining and enhancing the local environment and safety standards.
SECTION 6: This Resolution does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Resolution’s effective date. Any such amended part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Resolution.
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City of Bellflower
Resolution No. 24-39
SECTION 7: If any part of this Resolution or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Resolution are severable.
SECTION 8: Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 9: The Mayor, or presiding officer, is hereby authorized to affix his signature to this Resolution signifying its adoption by the City Council of the City of Bellflower, and the City Clerk, or her duly appointed deputy, is directed to attest thereto.
SECTION 10: This Resolution will become effective immediately upon adoption and remain effective unless superseded by a subsequent resolution.
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER THIS 8th DAY OF JULY 2024.
__________________________
Dan Koops, Mayor
ATTEST:
_________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
__________________________
Karl H. Berger, City Attorney
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