HomeMy WebLinkAbout7.3ADD Crossridge 7957CITY COUNCIL MEETING
AGENDA STATEMENT
CITY CLERK FILE # 440-40
DATE: October 17, 2000
SUBJECT:
Abatement of Nuisance at 7957 Crossridge Road
(Report Prepared by: George Thomas, Building Official and
Elizabeth H. Silver, City Attorney)
ATTACHMENTS:
RECOMMENDATION:
FINANCIAL STATEMENT:
1. None.
Consider whether to:
,
Authorize the City Manager to execute an agreement with
the owners of the subject property that, in the City Manager's
discretion, guarantees that the owners will abate the nuisance
conditions on the property.
Authorize the City Manager to execute an agreement with
the selected contractor, or if necessary another contractor,
that in the City Manager's discretion, authorizes the
contractor to begin abatement by demolition after providing
sufficient time to determine whether the owners are prepared
to abate the nuisance conditions on the subject property by
completing construction.
Sufficient funds have been budgeted for the project.
DESCRIPTION:
On September 19, 2000, the City Council adopted Resolution Number 171-00 authorizing staff to proceed
with the abatement of 7957 Crossridge Road, if the owners of the property failed, by September 29, to
satisfy the conditions imposed in the resolution to obtain a new building permit to complete the
construction of an addition to the residence on the property and restore the residence to a habitable
condition: The owners did not meet that deadline. On October 3, 2000, the City Council adopted
Resolution Number 176-00 waiving the competitive bid process and authorizing staff to solicit bids and
negotiate with contractors to demolish the unsafe addition and restore the residence to a habitable
condition.
Under authority from the City Council, staff has prepared the scope of work and approved plans and
solicited bids from contractors. Staff completed negotiations and reference checks by the bid's October
COPIES TO:
In-House Distribution
ITEM NO.
13
12, 2000 closing date. An agreement with the lowest responsible bidder has been presented to the Council
on the Consent Calendar for tonight' s meeting.
On October 11, Benj am_in Souza, one of the owners of the subject property, presented documents to the
City in an effort to comply with the requirements of Resolution No. 171-00 and, thereby, obtain a new
building permit to complete construction of the addition that in part constitutes and has led to the nuisance
conditions on the subject property. The Council's intent in ordering the property abated was, as expressed
in Resolution 171-00, to eliminate the nuisance conditions on the property and restore it to a habitable
condition as quickly as possible. If the Council is willing to grant the owners additional time to complete
the construction of the addition, to guarantee that the work is done in the shortest time possible, it should
require the owners to obtain a new building permit and, at a minimum, do all of the following to obtain a
permit: --
Provide proof acceptable to the City Manager that the owners have secured sufficient funds
to complete the addition and restore the residence to a habitable condition and to paT'?6?
the costs incurred by the City in abating the nuisance conditions on the property.
Place funds secured to abate the nuisance conditions into an escrow account that will be
paid out to compensate the City for costs of abatement to this point, and that, upon the
owners' failure to begin or complete work according to a schedule approved by the
Building Official, will become accessible by City to pay for demolishing the addition and
restoring the residence to a habitable condition. The escrow instructions would provide for
progress payments to the owners' contractor upon approval by the Building Official of the
completion of the stages of construction outlined in a work schedule to be prepared by the
owners and approved by the Building Official.
Obtain approval of the Building Official for plans for the completion of the addition, a
schedule for the commencement and completion of the construction, and a scope of work.
The owners will also be required to submit and receive Building Official approval of their
agreement with their general contractor to perform the approved abatement work.
If the Council is interested in allowing the owners to abate the nuisance conditions on the property, staff
recommends providing the owners until October 25 to come to an agreement with the City, part of which
will be agreement to a schedule approved by the Building Official for obtaining a building permit and
satisfying the other conditions outlined above and in the Council's Order to Abate. Staff believes that the
owner should submit all required documents and place funds into an escrow account within two weeks of
the execution of such an agreement, in other words, not later than November 8, 2000. Staff believes that
it can complete review of those documents and issue a building permit within a week of their submission,
in other words, by November 15, 2000. Staff considers the owners' four-month construction schedule
reasonable, which would result in completion of the addition by March 15, 2001. Nevertheless, staff
requests that the Council discuss and provide guidance regarding a reasonable timetable for each stage
outlined in this report. Subsequent to failure by the owners to come to such an agreement with the City;
to submit documents in a timely manner; to commence, complete a stage of, or complete construction
according to the approved schedule; or to correct a deviation from approved plans after reasonable notice
from the City, the City would, under the authority provided by the Council' s Order to Abate and the
agreement to be prepared with the owners, go forward with its plan to abate the nuisance conditions on the
property by demolishing the addition and restoring the residence to its original, habitable condition.
If the Council is willing to grant the owners additional time to abate the nuisance conditions of the
property by completing construction of the addition, it should also authorize the City Manager to
negotiatg with the City's selected contractor, or if necessary another contractor, to demolish the addition
to the residence upon the owners' failure to comply with the conditions described above; to commence,
finish a stage of, or complete construction of the addition; or to correct a deviation from approved plans
after reasonable notice from the City.
CONCLUSION:
If the Council is interested in allowing the owners to abate the nuisance conditions on the property, staff
recommends that the Council, by motion, authorize the City Manager, in his discretion, to do the
following:
1. Negotiate and execute an agreement with Benjamin and Sasha Souza, the owners of the
property located at 7957 Crossridge Road, that, at a minimum, requires them to satisfy the conditions
outlined above, at the times described above (or other times designated by the Council), prior to th'~" ':
issuance by the City of a building permit that would allow them to complete construction of an addition to
the residence on the subject property.
2. If an agreement satisfactory to the City Manager cannot be reached with the owners by
October 25, negotiate and execute an agreement with the City's selected contractor, or if necessary
another contractor, upon the occurrence of any of the circumstances described above, to demolish the
uncompleted addition to the residence and restore the residence to its original, habitable condition.
J:\WPD~ATTYXSW\dublin\planning\crossridge\altematecontractl016.doc
.__F.~O_Ojlt M~YERS, NAVE, RIBACK, SILVER & WILSON (TUE)10.17'00 ~2:25/ST. 12:24/N0. 4860102722 P 2
MOTION TO ADD ITEM OF BUSINESS TO AGENDA:
MOTION: Parsuant to Government Code section 54954.2(b)(2), I move that the Council
find there is a need to take immediate agtion to consider authoriTing the City Managcr, in his
discreiion, to negotiate and execute an agreement with the owners of the property located at 7957
Crosmidge Road to give them more time to abate the nuisance conditions on the property; that
the need for action came to the attention of the council after the agencta tbr tonight's meeting was
posted, when staff received a request from the owners' attorney to allow them to complete
construction of an addition to the residence on the property; and that it is necessary to add this
item to the age, nda toni.'ght so that the Cotmoil oan oonsider authorizing the City Manager to
execute an agreement with the owners to assure that the necessary abatement work will be
completed as expeditiously as possible. This item would be added to the agenda as Item 7.3
trader Unfinished Business.
OCT-i?-SBBO 18:13PM TEL) ID)DUBLIN CITY MGR OFFC P~GE:002 R=99~