TO:Honorable Mayor and Members of the City Council
FROM:Ryan Smoot, City Manager
SUBJECT:Consideration and possible action to adopt Resolution No. 25-02 – 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 17046 Bellflower Boulevard is exempt from review under the California Environmental Quality Act as an emergency project.
DATE:January 13, 2025
RECOMMENDATION TO CITY COUNCIL
It is recommended that the City Council consider the following:
1) Adopt Resolution No. 25-02; and
2) Authorize funding up to $250,000 for the nuisance abatement project at 17046 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 17046 Bellflower Boulevard is estimated not to exceed $250,000 and will be paid out of Code Enforcement (CDBG and/or General Fund).
BACKGROUND
The City has been engaged in code enforcement regarding BMC violations at 17046 Bellflower Boulevard (“Property”) since May 2023, generally focused on overgrown vegetation, graffiti, and general blight of the structure and surrounding area. The registered owner of the Property is Euclid Hazard Capital, LLC. 12-B
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Staff Report – Declaration of Emergency
January 13, 2025
BACKGROUND – Continued
On April 9, 2024, the City obtained an abatement warrant from the Court authorizing City personnel to enter the Property and (1) remove and/or trim any and all vegetation that is overgrown and unsightly, (2) remove or cover any graffiti on the Property; (3) remove all junk, trash, and debris from the Property; (4) paint over boarded up windows to mitigate the appearance of the Property being vacant; and (5) otherwise ensure all exterior portions of the Property remain free of blight so as to be consistent with the provisions of the BMC. As a practical matter, this warrant was intended to address issues that could be quickly remedied by City personnel to improve the appearance of the Property with the hope that larger issues involving the blight of the dilapidated structure itself would still be voluntarily abated by the property owner.
On April 15, City Staff members from Code Enforcement and Public Works (“City Staff”) arrived on site, seeing that no responsible party was present, and executed the abatement warrant. Over the course of the next several months, the Property relapsed with the same public nuisances previously abated by the City, with no apparent maintenance whatsoever by the property owner, despite repeated advisal by the City Attorney’s Office. Several City Staff visited the Property and observed the same lack of maintenance and blight violations of the BMC.
The City Attorney’s Office also made several attempts to collect reimbursement for the costs associated with this abatement but received no response from the property owner.
On August 20, 2024, notice was provided to the property owner of Pending Recordation of Abatement Lien, wherein the property owner was notified of continued nuisances existing on the Property alongside required corrective actions needing to be completed to mitigate those violations. This Notice provided the owners until October 11, 2024, to bring the Property into full compliance and listed a series of BMC provisions which were in violation at the Property. City Staff again observed the property as unmaintained after the October deadline.
The Property is currently littered with trash and debris, overgrown vegetation, graffiti, and has broken windows. In its current condition, this Property amounts to a very real threat to public safety and private property, in addition to an unmitigated blight to the community.
Among the most concerning issues is a completely shattered large, front window allowing for easy access to the interior of the structure, as well as signs of occupation as a result.
In the experience of Code Enforcement and Public Safety, it is common during the winter months for unhoused individuals to squat in abandoned structures in the City and light fires inside to keep warm. This has on a number of occasions resulted in structure fires that caused significant damage to the Property itself and threatened neighboring properties and public safety. Additionally, there are two unsecured vaults in the structure that, if closed, could trap trespassers inside without anyone knowing. -2-
Staff Report – Declaration of Emergency
January 13, 2025
BACKGROUND – Continued
Emergency action to abate these conditions is required to protect from the imminent threat to public safety and private property, as well as abate the various conditions amounting to public nuisances and blight. Because the Property Owner has been completely nonresponsive to the City’s notices to maintain its Property, and because the City is not in a position to conduct the required security and maintenance of the Property generally, and the structure in particular, the only viable means of bringing the Property into compliance is by demolishing the structure, clearing the lot, and installing Kentucky fencing and mulch ground cover to leave it in substantial compliance with the City’s vacant lot ordinance. The costs of such abatement will be charged to Euclid Hazard Capital, LLC, on a time and materials basis.
On November 19, 2024, the Los Angeles County Superior Court issued an abatement warrant to demolish the structure and to bring the Property into substantial compliance with the City’s vacant lot ordinance. On November 21, 2024, the property owner was formally notified by the City Attorney’s Office of this warrant and the City’s intention of following through with it if the owner did not immediately bring the Property into full compliance by demolishing the structure or eliminating all elements of blight and dilapidation. The property owner still has not responded or taken any action whatsoever toward bring the Property into compliance. Preliminary testing for toxic materials on site has just been completed and City staff is now prepared to move forward with demolition under the abatement warrant.
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 condition of the Property at 17046 Bellflower Boulevard and its noncompliance with the BMC, a local emergency exists within the City’s territorial limits.
Subject to the limitations of Resolution No. 25-02, 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 pursuant to BMC § 8.36.160,et seq.
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
January 13, 2025
DISCUSSION – Continued
In summary, adopting Resolution No. 25-02 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, 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 $250,000 appropriation from the CDBG and General Fund Code Enforcement including corresponding adjustments to revenues, to pay for property abatement at 17046 Bellflower Boulevard, which will eventually be recouped from the property owner either by direct reimbursement or by special nuisance abatement assessment on the Property and foreclosure if necessary.
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. 25-02…………………………………………………………………………5
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. 25-02
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 17046 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.17046 Bellflower Boulevard is located in the City of Bellflower, State of California, and more particularly described as Assessor’s Parcel Number 7109-025-002 (“Property”);
B.In 2023, the City Code Enforcement Inspectors initiated enforcement action with the Property. On March 13 and May 9, 2023, Code Enforcement sent the owner notices of violations for failure to maintain the property with compliance deadlines. The lack of any progress led to the issuance of administrative citations totaling over $8,000 in fines and penalties, which remain unpaid. After not receiving any response, on December 19, 2023, the City sent a Notice of Public Nuisance and Corrective Actions to the owner;
C. By March 2024, there had been no discernable progress made towards bringing the Property into compliance with the BMC. On March 22, 2024, the City mailed a Notice of Public Nuisance and Intent to Abate with City Personnel. Still receiving no response, on April 9, 2024, the City sought and was granted an abatement warrant by the Los Angeles County Superior Court to address those aspects of blight on the Property that could be reasonably abated by City staff. On April 15, 2024, City staff executed that abatement warrant after receiving no response from the owner. Attempts to recoup these abatement costs were unsuccessful, leading the recording of a $11,954.05 public nuisance abatement lien against the property on or about October 8, 2024;
D. Since executing the abatement warrant in April 2024, the Property had remained without any discernable maintenance or attempts to rehabilitate the dilapidated structure. It has lapsed back into having overgrown vegetation, graffiti, accumulation of trash and debris, and broken windows;
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City of Bellflower
Resolution No. 25-02
E.Of particular concern is a completely shattered large, front window allowing for easy access to the interior of the structure, as well as indications of occupation by trespassers as a result. In the experience of City Staff, it is common during the winter months for unhoused individuals to occupy abandoned structures and light fires inside to keep warm. This has on a number of occasions resulted in structure fires that caused significant damage to the Property itself and threatened neighboring properties and public safety. Additionally, there are two unsecured vaults in the structure that, if closed, could trap trespassers inside without anyone knowing. These conditions amount to an imminent threat to private property and public safety, warranting emergency abatement actions pursuant to BMC § 8.36.160,et seq.
F.On November 19, 2024, the Los Angeles County Superior Court issued to the City an abatement warrant to demolish the structure in furtherance of public safety and to bring the Property into substantial compliance with the City’s vacant lot ordinance. On November 21, 2024, the property owner was formally notified by the City Attorney’s Office of this warrant and the City’s intention of following through with it if the owner did not immediately bring the Property into full compliance by demolishing the structure or eliminating all elements of blight and dilapidation. The property owner still has not responded or taken any action whatsoever toward bringing the Property into compliance. Preliminary testing for toxic materials on site has just been completed and City staff is now prepared to move forward with demolition under the abatement warrant;
G. Emergency abatement of the Property is warranted due to the imminent threat to private property and public safety. This includes demolition of the structure and bringing the Property into substantial compliance with the City’s vacant lot ordinance. The cost of this emergency abatement and to proceed without formal bidding procedures under the City’s emergency powers requires authorization and acknowledgment from the City Council; and
H. Pursuant to Government Code § 38773.5 and Bellflower Municipal Code § 8.36.190, the City may recoup its abatement-related costs, including attorney fees, in the form of a lien against the Property to be collected by special assessment in the event the property owner fails to reimburse the City for these costs.
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 17046 Bellflower Boulevard and Euclid Hazard Capital, LLC, 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. -6-
City of Bellflower
Resolution No. 25-02
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.
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 17046 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.
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City of Bellflower
Resolution No. 25-02
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 17046 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.
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. ///
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City of Bellflower
Resolution No. 25-02
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER THIS 13th DAY OF JANUARY 2025.
__________________________
Ray Dunton, Mayor
ATTEST:
_________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
__________________________
Karl H. Berger, City Attorney
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