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SR-031996-9A PCD:SF:PC f:\plan\admin\ccreport\seacastl COUNCIL MEETING: March 19, 1996 .9A_ PfARr If t Monica, californi! 1996 / I .j T Santa TO: Mayor and city council FROM: city Staff SUBJECT: Recommendation that the Clty council Adopt a Resolution Declaring that an Emergency EXlsts with Respect to the property Located at 1725 The Promenade and Authorize the Expenditure of Funds to Enforce Nuisance Abatement Board Actions to Abate the Imminent Threat to Public Safety. INTRODUCTION This staff report recommends that the City Council authorize the expenditure of funds to enforce the Nuisance Abatement Board (NAB) Order of February 9, 1996 on the Sea Castle Apartments at 1725 The promenade, includlng the demolition of the building. To do so, it is recommended that the Council 1) declare that an emergency exists in compliance with applicable federal and state standards in order to satlsfy the requirements of the State Office of Historic Preservation through the adoptlon of the attached Resolution (see Attachment A), 2) authorize the city Manager to negotiate and execute a contract with Ground Zero Demolition and Environmental Engineering Company, and 3) authorize the use of funds to carry out these actions. BACKGROUND On the morning of Thursday, February 1, 1996 a major fire occurred in the Sea Castle Apartments, causing extensive damage to the structure beyond the previous damage from the January 17, 1994 earthquake. MAR 1 9 f996 1 r 9A t . -.. " , y On February 7, 1996 and February 9, 1996 the Nuisance Abatement Board (NAB) conducted emergency hearings concerning the Sea Castle Apartments to determlne whether a nuisance existed at the site, and what actions should be taken in order to abate the nuisance. From testimony received at that hearing, the Nuisance Abatement Board determlned that the condition of the property constitutes a publlC nuisance requiring immediate abatement. As detailed in Attachment A, the structure is in danger of collapse, is a continued fire rlsk, and contains hazardous materials which pose a publlC health risk. At the February 9, 1996 hearing, the property owners' attorney stated that the owners agree the building was severely damaged and needs to be demolished, and indicated that they will work wlth the city to remove the building. After all testlIDony was completed, the Nuisance Abatement Board ordered the property owner to board and secure the building, provide security, undertake air quality monitoring, and obtain a demolitlon permit by February 23, 1996 with demolition beginning by March 1, 1996, in order to adequately address the immediate threat (see Attachment B). As of March 12, 1996, the property owner had boarded the building, provided security for a short period of time, and performed some of the required alr quality monitoring, although all of these conditions were met after the deadlines set forth in the NAB Order. 2 * Wh~le the property owner has implemented some portlons of the NAB Order, the owner has not fully implemented the most slgnificant terms and conditions -- demolition of the building and hazardous materials removal. Based on the property owners' past responses to NAB Orders as well as the February 9, 1996 NAB Order, it does not appear the property owner will abate the nuisance in a timely manner. As discussed in Attachment A, further delay poses a serious threat to public health and safety. The longer the structure is in place, the greater the risk of collapse, fire, or public exposure to hazardous materials. Therefore, it ~s now necessary for the City to demolish the structure and remove any hazardous substances. Staff has taken preliminary steps to lmplement this, including obtal.ning bids from contractors experienced in both hazardous material abatement and demolition. Bids from 13 qualified demolition firms were received and evaluated by a commlttee of City staff which included representatives from the followlng departments: City Attorney's Office, City Manager's Office I Environmental and Public Works Management, Fire, and Planning and Community Development. Based on review of the 13 bl.dsl three finallsts were selected. After soliciting additional ~nformation from the three finalists, the staff committee recommends selection of Ground Zero Demolltion and Environmental 3 . Engineering company as the lowest and most responsive bidder. All references were positive, and staff inquired with the South Coast Air Quallty Management district, and Californ~a Occupation Safety and Health Agency and determined that no citations or violations were associated with any work by Ground Zero Demolition and Environmental Engineering Company. In addltion, to ensure proper environmental, hazardous materials, and air quality monitoring and security, the city has contracted with appropriate firms to perform these requirements per the NAB Order whenever the property owner does not, or when compelling community needs may require additional monitoring. Due to the complexlty of the demolition process, a project manager wlll be retained to oversee the operations. To expedite the process for implementlng the demolition, staff recommends that the Council waive the competitive bid process in accordance with Santa Monica Municlpal Code Section 2.24.071(d) (3). According to this section, waivlng the bidding procedure is acceptable if "due to urgent necessity, the public health, welfare or safety would be jeopardized if the bidding procedure were followed. " The public record as established at the NAB hearing regarding this site clearly indicates that delays associated with formal bidding procedures could jeopardize public health, welfare or safety. 4 At thlS time, staff belleves that community Development Block Grant (CDBG) 1994 Emergency Supplemental and/or Multi-Family Earthquake Recovery Loan Program (MERL) funds can be used for the demolition and associated activities. In order to use any CDBG funds, final Housing and Urban Development (HUD) approval must be obtained. However, should HUD approval not be obtained, the use of future city Redevelopment Agency Earthquake Recovery Project Tax Increment funds is possible through an advance of these funds from the General Fund. In addition, since the structure at 1725 The Promenade is eligible for listing on the National Register of Historic Places, and because federal funds may be used for demolition of the structure, the City must comply with the National Historic Preservation Act of 1966, as amended. Under those standards, the Council may declare that an emergency exists with respect to 1725 The Promenade, and that the property is an :l.mminent threat to public health and safety. The attached Resolution describes the basis for these fJ.ndings. The NAB hearlng and order clearly support the adoption of such a declaration. In summary, the building is structurally unsafe due to the earthquake and fire damage, remains a fire risk in lts current conditlon, and asbestos and lead based material are present throughout the bUllding. As the hazardous materials in the building dry out, they can become airborne and pose a serious heal th threat to any person entering the building and to the surrounding neighborhood. 5 Th~s declaration of emergency and supporting documentation will be forwarded to the state Office of Hlstoric Preservation Officer (SHPO) for review. If the state Historic Preservation Officer concurs with the evidence and findings, demolition of the structure must commence wi thin thirty days of the date of the emergency declaration. If the determination is not supported, a more detailed analysis must be conducted which could delay demolition for up to sixty days. Given the evidence and supporting material from the February 7 and February 9, 1996 Nuisance Abatement Board hearings, staff is optimistic that the emergency declaration will be supported. In additlon to the federal standards, the City is also asking SHPO to confirm that under the clrcumstances, demoli tion of the structure complies with any appllcable state historic requirements. The City intends to pursue every avenue to recover all costs incurred by the City for security, air quality monitoring, project management, demolition and hazardous materials removal including placing a lien on the property. BUDGET/FINANCIAL IMPACT To proceed with the actions set forth in this staff report on an emergency basis, and pendlng staff confirmation/clarification concernlng the appropriate uses of COBG funds with HUD, staff is requesting the following alternat1ve budget authority to finance thlS project: 6 1) Appropriate $692,353 to account #19-700-695-00000-4481- 00000 financed from MERL CDBG funds; or 2} Appropriate $692,353 to account #19-700-695-00000-4481- 00000 financed from Emergency Supplemental CDBG funds; or 3) Authorize a loan of $692,353 from the General Fund to the Redevelopment Agency Earthquake Recovery Project (RDA), secured by a Promissory Note between the RDA and the General Fund to be repaid from future tax increment revenues wlth interest at the city's rate of interest earnlngs on ltS regular funds, and the appropriation of $692,353 to account #17-700-695-00000-4481-00000 and authorizing the Clty Manager and the Executive Director of the Redevelopment Agency to execute the Promissory Note on behalf of the City Council and Redevelopment Agency. Only one form of the above financing alternatives will be used. RECOMMENDATION It is recommended that the City Council authorize the expenditure of funds to enforce the Nuisance Abatement Board (NAB) orders on the Sea Castle Apartments at 1725 The Promenade. Specifically, it 1S recommended that the Council take the following actions: o Adopt a resolut1.on declaring that an emergency exists with respect to the property located at 1725 The Promenade. o Authorize the expenditure of CDBG (Emergency Supplemental or MERL) or Redevelopment funds as set forth above to perform the required Nuisance Abatement Board orders from February 9, 1996 for the Sea Castle Apartments at 1725 The Promenade, including security, environmental monitoring, demolition and project management. o Waive the competitlve bld process for selecting firms assoclated with these actions, including security, air quality monltoring, demolition and project management. 7 o Authorize the city Manager to negotiate and execute a contract with Ground Zero Demolition and Environmental Engineering Company and related firms for the demolition, security, air quality monitoring, and project management for the project. Prepared by: Katie Lichtig, Senior Management Analyst Kathryn Vernez, Senior Management Analyst City Manager's Office Craig Perkins, Director Joan Akins, Administrative Services Officer Environmental and Public Works Management Mike Dennis, Director Finance Department Rob wirtz, Hazardous Materials Captain Flre Department Suzanne Frick, Director Paul Casey, Assistant to the Director Planning and Commun1ty Development Department Attachment A: Resolution Declaring that an Emergency Exists with respect to the Property at 1725 The Promenade. Attachment B: February 9, 1996 Nuisance Abatement Board Resolution Declaring a Public Nuisance and Order of Abatement. 8 ATIACIIMRNT A RESOLUTION NO. 900h (City council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING THAT AN EMERGENCY EXISTS WITH RESPECT TO THE PROPERTY AT 1725 THE PROMENADE WHEREAS, the property at 1725 The Promenade, commonly known as the Sea Castle Apartments, was severely damaged in the January 17, 1994 Northridge earthquake and was ordered vacated and "red tagged" by the Building Official due to its structural instabilltYi and WHEREAS, the City'S Nuisance Abatement Board held numerous hearings from February, 1994 to May, 1994 in order to determine the extent of the damage to the building and ordered the shoring of the penthouse portion of the building and boarding and securing of the premises to reduce the health and fire hazards to the public and adJacent property owners; and WHEREAS, since the owner failed to comply with the Nuisance Abatement Board resolution, the City commenced temporary shoring of the property, and completed the project in September, 1994; and WHEREAS, on numerous occasions since the earthquake, and after the shoring of the building, the owner's representative, Robert Braun, has been requested to secure the structure against unauthorized access, however Mr. Braun's response has not been 1 timely, adequate or to the Fire Department's specifications for boarding and securing a vacant building; and WHEREAS, on December 19, 1995, the Premises was posted with a First Notice to Abate a Public Nuisance by the City Building Official due to the presence of conditions which constituted a fire hazard, and the owner directed to secure the building and to meet with representatives of the Santa Monica Police and Fire Departments to discuss the appropriate methods of abating the fire hazard; and WHEREAS, due to the continuing failure to abate the ongoing fire hazard conditions by the property owner, on January 23, 1996 the Clty of Santa Monica filed a cross-complaint in Los Angeles Superior Court (Case No. BS 032 530) seeking a court order requiring the maintenance of the fire extinguishing and detection system, removal of combustible and hazardous materials and maintenance of the structure in a secure and barricaded condition that would prevent entry by unauthorized individuals; and WHEREAS, on January 26, 1996, a Second Notice to Abate a Public Nuisance was sent by the City Building Official again directing the owner to secure the structure and to meet with representatives of the Police and Fire Departments; and 2 WHEREAS, on February 1, 1996, at approximately 6:00 A.M. in the morning, the Fire Department responded to a major fire at 1725 The promenade; and WHEREAS, the February 1, 1996 fire greatly aggravated the damaged conditlon of the Sea Castle building and emergency meetings of the Nuisance Abatement Board were held on February 7, 1996 and February 9, 1996 to assess the risk presented by the structure; and WHEREAS, testimony presented at the hearing confirmed that the structure has extensive fire and water damage, partially collapsed parapet walls on the north and south towers, exit stairwells blocked with debrls from the collapsed parapet walls, partial collapsed floors in the two towers down to approximately the fourth floor, no roof on the south wing, and large holes in many of the floors making portions of the building physically inaccessible or too dangerous to access, making future emergency rescue work extremely hazardous and creating an imminent danger of collapse; and WHEREAS, the shoring installed after the earthquake has burned and been compromised, and the steel columns in the penthouse portion of the bUllding are buckled and twisted; and 3 WHEREAS, future fire suppression activity would be difficult since the building is in a dangerous structural condition described above, and has inoperative fire alarm and sprinkler systems; and WHEREAS, the building is structurally unsound, and engineers have determined that the building is unsafe to enter; and WHEREAS, due to its current weakened condition, any movement of the building, from an earthquake, strong winds, additional water falling on the building or from falling debris, could lead to further collapse; and WHEREAS, the Sea Castle building is constructed of hollow clay tiles without layers of brick reinforcement, which greatly elevates the probability of further collapse and falling debris; and WHEREAS, occupied residential structures are located immediately adjacent to the Sea Castle building on the north side and Lowe's Santa Monica Beach Hotel is located to the northeast of the building, which means that another fire at the site, coupled with a strong on-shore breeze could endanger the residential property or the hotel; and WHEREAS, on February 8, 1996, building materials samples were taken from the site and tested positive for the presence of asbestos and lead; and 4 WHEREAS, asbestos and lead are known heal th dangers and hazardous materials, and the February 1, 1996 fire has caused the spread of asbestos and lead contam1nation throughout the building; and WHEREAS, given the height of the building and the proximity to the ocean and the evening wind currents, the asbestos and lead material are capable of becoming airborne when the materials dry out; and WHEREAS, there is a continuing risk that individuals will seek to enter the building even in its dilapidated condition without authorization, and unauthorized entry poses significant health and safety risks, lncluding increasing the potential for another fire and exposure to hazardous materials; and WHEREAS, these conditions constitute a major health and fire hazard, all of which collectively constitutes an imminent threat to public health and safety requiring immediate abatement; and WHEREAS, repair and rehabilitation of the building is 1nfeasible from a safety perspective as the stabilization necessary for asbestos abatement prior to repair would place work crews and the public at substantial risk from building collapse and hazardous material exposure during the stabilization process and would essentially require the building of a whole new structure to 5 support the old structure for the same reason rehabilitation is economically infeas~ble; and WHEREAS, on February 9, 1996 the Nuisance Abatement Board ordered the property owner to board and secure the building, provide 24 hour security, conduct weekly air quality monitoring, obtain a demolition permit by February 23, 1996 and begin demolition by March 1, 1996 in order to abate the emergency conditions; and WHEREAS, while the property owner has met some of the conditions required as part of the Nuisance Abatement Board Order, lncluding boarding the building, providing security and performing weekly air monitor1ng, albeit after the required deadlines, the owner has not app11ed for or obtained a demolition permit, or commenced the demolition process; and WHEREAS, the longer the structure is in place, the greater the risk for collapse, fire, or public exposure to hazardous materials, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY RESOLVE AS FOLLOWS: 6 SECTION 1. The City Council of the city of Santa Monica hereby declares that an emergency exists with respect to 1725 The Promenade and that the structure presents an imminent threat to the public of bodily harm and of damage to adjacent property. SECTION 2. The city Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: f1J1Ld&~LAu MatSha Jope~ Moutrie City Atto!-tley f:\plan\admin\reso\seacastl 7 Adopted and approved this 19th of March. 1996 ~~.~ Mayor I hereby certIfy that the foregomg ResolutIon 9006 (CCS) was duly adopted at a meetmg of the CIty Council held on the 19th of March, 1996 by the followmg vote Ayes CouncIlmembers Abdo, O'Connor, Ebner, Greenberg, Genser, Rosenstem Noes Councilmembers None Abstam Councllmembers None Absent" Councllmembers Holbrook ATTEST ... ~~ CIty Clerk ATTACHMENT B .: CITY OF SANTA MONICA NUISANCE ABATEMENT BOARD NonCE OF RESOLUTION DECLARING A PUBUC NUISANCE AND ORDER OF ABATEMENT DAD aim 'rID "., ~.'--.I February 7, 1996 at 2:00 P.M. February 9, 1996 at 9:00 A.X. ....1Iftx.g ftm PIl1lllT... DUCIlD_ &II I LCK2U... ...-T. DaCaIftZOI.. 1725 The Pru.enade Lc*: 1, 2, 3, .. &: 5 Santa Ikmica, CA 90401 Tract: 542 Town of 8an1:a Ifonica APN: 4290-021-001 UICOIU) ODI_ OR RBPU8Bft1A!'ZVIII Sea castle Apartaents, Ltd. c/o Robert Braun ADDRB881 11704 Wilshire Boulevard, No. 208 Los Angeles, California 90025 APPBUXBG :roll RB8POKDBBrl Robert Braun (2/7/96 and 2/9/96) Sherman stacey (2/9/96) for respondent Sea Castle Apartments, Ltd. APPBARDlG J'OR DB exn: Shannon Yauchzee, Acting Building Officer Capt. Bernard Melekian, S.H.P.D. Lt. Jaaes Dawson, S.M.P.D. Jia Hone, SMFD Fire Marshall Mike A. Garcia, SMFD Fire Inspector steve Locati, SMFD, ABs't Fire Marshall Gary Welling, Industrial Waste, EPW Nabih Youssef Brian Cochran Bruce Broqer-Mackey Barry Rosenbaua, Deputy City Attorney Cara Silver, Deputy city Attorney 1 . ; . I'XJlDXBOS 1. Upon receipt and consideration of the evidence and testillony given before it, the Nuisance Abatement Board Jlakes the fOllowing finding- of fact concerning the presence of a public nuisance at 1725 The ProJllE.nade, Santa Monica, california (hereinafter, "the Premises"). 2. The PreJIises consists a vacant structure with 1. 78 separate units that were foraerly used for residential purposes and i. ~re co.-only known a8 the Sea castle Apar'baan'ta. The buildinq VillI ...wrral,. ~98d in the JU''I!lry 17, 19'4 Hortbridga eart:bquake aDd ... ' ~ vacated by the BUildin9 Official due to its at:ruct:ural in8Ubilit:y. _idantial UH: and occupancy for any reaaon baa D~ been perIlit.t.d .iDee the eartbquaka due to its coDdi~10Jl. 3 ~~.' . oft - IIUIITI:roua occaalona since the eart:hqUalte t:he owner's repraelltativa, Robert. Braun, baa .been requeated to ,.ecure the ~ _~ lmIl\\thorized acca8a. BcNeYer 1Ir. Braun's reapollM J;uaa not Men ~1aely, adequate or to the Pire ~t' s apeciffc:a1:fOlW for boarding and IK ~~illCJ a vacant building. The Santa Monica Police Deparblent: reports that it received 72 calls tor service at the Pr_i_ in 1994 following the earthquake and an additiOl'Ull 42 calls for aervice during 1.995. (sea Exhibita 25 and 26). The bigv_t probl_ concern open fire st-arted by transients living in the building and drug use in ~e building. 'l'hat DUlIIber does not include nozwal patrollinq and randcm inspections during the course of the day. 4. On December 19, 1995, the Premises was posted with a First Notice to Abate a Public Nuisance by the City Building Official due to the presence of conditions which constituted a fire hazard. Tbe owner was directed to secure the building and to meet with representatives of the Santa Monica Police and Fire Departments to discuss the appropriate methods of abating the fire hazard. 5. On December 28, 1995, the Santa Monica poliee Department notified the owner of a breach in the boarding of the structure. The owner was directed to re-secure the bui~dinq due to continuing evidence of entry by unauthorized individuals and the ongoing fire threat posed by the use of the structure by these individuals. 6. On January 3, 1996, both City Police and Fire Department personnel went to the Premises due to breaches in the boarding of the structure and assisted in the rmaoval of unauthorized individuals fro. the structure. The Fire Department verbally informed the owner's representative, Robert Braun, to attach steel plates to the garage doors in order to prevent entrance through those areas. That direction was confirmed in writing in a letter dated January 4, 1996. 2 7. The owner did not secure the building in the manner directed by personnel of the Fire Department.. City personnel contacted the owner's representative, Mr. Braun on January 17, 22 and 23 to infona hi. that the building was not secured adequately. 8. Due to the continuing failure to abate the ongoing fire hazard conditions, on January 23, 1996 the City of Santa Honica filed a cross-ccmplaint in Los Angeles Superior Court (case No. BS 032 530) seeking a court order requiring the Jlaintenance of the tire extinguishing and detection syst_, r_oval at ccmbustible and bazardo.. _tariaa and _iDtenanca of the structure ill . secure and barricaded condition that would prevent entry by unauthorized individual.. - 9. On Jaauary 26r 1996, . Seccmcl 1fo~ice to Abate . Public XUianca vas HIlt by the City Building' Ofriclal ~ln directing the owner to .ecara t:ba .tructure and to _t with repr....t:atives of the Pol1c. and Fire Departaenta. The Wotica &1110 ..t . hearing betore the lfuiaan.ce Abat-.nt Board for Pebruary 7, 1996. 10. 011. January 29, 1996, the owner ot the building was again infonaed at unauthorized access to the buildinq. The owner was directed to re-secure the building again. 11. on January 30, 1996, a city Fire Inspector left a message for the owner's repre.entative, Robert Braun, i~orainq him that the building was still inadequately secured and requesting ~ission to enter the building, with Mr. Braun present, to inspect the condition of the fire sprinkler systeB. No response was received. 12. On February 1, 1996, at approximately 6:00 A.H. in the morning, the Fire Department responded to a major fire at the Premises. Due to the damaged condition of the structure, the Fire Department was forced to fight the fire froll. a defensive position which required alllost all the fire fighting resources of the Santa Hon~ca Fire Department and forced the citv of Santa Monica to request the assistance of the Los Angeles Fire Department in suppressing the tire. Fire suppression activities continued until Saturday, February 3, 1996. The fire severely damaged the building, especially the tower sections. 13. Due to the fire at the Premises, on February 5, 1996, an Amended Second and EIlergency Notice was served upon the owner and others having an interest in the property indicating that the previously scheduled February 7, 1996 hearing would encompass additional issues such as: (1) the Premises' structural integrity; (2) the present condition of the Premises' fire sprinklers and the ability of the sprinklers to protect the Premises; (3) the presence of health hazards associated with asbestos and lead paint on the Premises; (4) the danger to adjacent structures and public rights of way; (5) the Premises' possible status as an ongoing fire 3 hazard; and, (6) the potential for persons to seek and gain unauthorized access to the Pr..ises for such purposes as shelter, looting, or criainal activity and attendant hazards associated with such acce.. or occupancy. The bended. Second Notice also indicated that the Nuisance Abateaent Board could consider adoption of a Resolution Declaring a Huisanee, which would include orders to take such action as would be necessary to ilImed.iately abate the nuisance includinq, but not liaited. to: ordering the owner to deaolish or partially d.-olish the Pr..ises; ordering the owner to take steps to abate lead or a.bestos hazards; orderinq the OVIler to undertake _--=- Z'WIIIOV'61 prior to deaoli1:ion; ordering 1:be o.m.r w lIhore or abd>>tli.. t:be Preai_; ordering' the owner to repair the aprinltlar.i on.ring the Owner to secure the Prea1- before, during, IIJICl after dellOlit:ioD; ordariDg the ~tiDg ot guard(s) on the b_I_. 24 baur8 . day, IUId OZ'dariDg t:ba 0Idaer m r~7V8 all ....N-.tear ~111:1OD and to _mblin the PftIIi1H 1D .'-c"l-.n and odRlt.-,......., tree ot accuaulat:io_ of ~1. or. hazardous _t:eriala".' 14. since the tire at the Pr..J.s_, the city has kept four Police offlcara and one sergean _ on the Preai... to provide security. In addition a fence is being constzucted around the peri.aeter of the Preai... which will cau.. the closure of the southbound lane of Appian Way. The purpo.e of the fence is both to preven~ unauthorized. entry and to prevent public access to the areas adjacent to the building onto which ..t:eria18 from the building could fall. Due to its location adjacent: to the beach, 'the closure of 1:hat lane for any significant period of tills will severely liait traffic cirCUlation in that area for all adjacent property owners, residents and visitors. 15. The Sea Castle Apartment building was originally built in 1925. It is an eight-story building with a reinforced concrete frame, but walls of unreinforced hollow block concrete infil!. Because the structure was severely damaged in the January 17, 1994 Nortbridge Earthquake, it was given a "red-tag" whjr:h made occupancy of the structure illegal. The structure was upgraded to "yellow-tag" status after shoring. 16. The February 1, 1996 fire greatly aggravated the dUlaged condition of the Sea Castle building. The structure is heavily fire damaged and water damaged. OVer a .illion gallons of water were used durinq the height of the fire due to its intensity. The parapet walls on the north and sou1:h towers have partially collapsed. Debris fro. the collapsed parapet walls have fallen near exit suirwells which would be the entry point for Fire Department Personnel if they had to re-enter the building for another _ergency. The floors in the two towers bave also partially collapsed down to approximately the fourth floor. There is no roof on the south wing. There is also heavy fire damage and structural collapse in the aezzanine area just west of the elevator. There are large holes in many of the floors and so.e of 4 ~' these boles are hidden by loose debris. A majority of the windows are gone. Portions of the building are physically inaccessible or are too dangerous to access. The baseaent contains two to three feet o~ standing water with some oil residue. These conditions make tuture eaergency rescue work very hazardous. In addition, there is a current risk that portion of the building facade d"lIIJ1111ged by the earthquake and fire will fall. 17. Future fire suppression activity would be difficult siuce the building is in a dangerous structural condition. The fire alarll and aprlnkler syst_ are inoperative and the structure conbilw debris in Ule north and south wings which viII coDlltitute a tire hazard when it dri_. Due to the u-ance of floors in JIaJlY loca1:i0D8 and ~ exatence ot the cOJlbu8tihle 4ebri8, the holes in th. tlOGrll would act like a chluey rapidly apr-diD9 a tire from on. floor to the nmct. SUch a tire would probably ovarwhela a fire sprinkler ~ even if the syll'tea ware restored to aervice. 18. Z-.diately adjacmtt to th. sea ca.t1.e bIlilctiDg on the north side are rasidmltial atructur_ vIl1ch are occupied. Access is lillited since Appian Way is the only street leac1ing to the property and the alley on the north side of the property is only about 20 :teet wide. The narrowness at the alley could prevent or delay the deployaent of fire equipll811t to :tight a future fire. That would .specially be true in the future because part of the street viII be tenced otf. 19. The building is a high sei_ie hazard because it relies on hollow clay tiles to provide structural resistance. The only steel structural elements are in the colt111'11'\s and they are very thin and not fire rated. The fire caused the steel elements to melt and come under additional stress. 20. Lowe's Santa Monica Hotel is located to the northeast of the building. Another fire at the site, coupled with a strong on- shore breeze could endanger the Lowe's site. 21. Due to its current weakened condition, any movement of the building, from an earthquake, strong winds, additional water falling on the building or fro. falling debris, could lead to a further collapse of the bollow clay tile walls. The ..sonry walls around the elevators provide some lateral resisting capacity, but the walls have already been damaged and would be further weakened by the removal of the top levels. Though the wings of the building were not as severely impacted by the fire, the wings are tied to the core of the building where the tower and elevator are located. If the central core of the building is removed, the wings must be demolished also since the building does not contain seismic or joint separations between the components and the core provides the only lateral support for the wings of the building. In addition, removal of the upper floor of the tower will lessen the compaction of the lower walls and weaken the structure. 5 22. The Sea Castle building is one of a very few buildings in the City, which relies on hollow clay tiles without layers of brick reintorc~t, which tact greatly elevates the probalJility of further collapse and taIling' debris. The tiles th...e1.ves are fraqi1e and pose a danger since they shatter upon contact causing pieces of the tile to fly off in all directions. Dependinq on the height froa which they fall, the tile fragments could fly as far as 20 to 30 teet. 23. Fallowing the tire, the north side of the south tower and the .outh .ide of the north tower are leaning in, vbicb i. to be expected .iJace the tire put .tr_. on and cauaecl the collapa8 of t:he -tl~ 8Y8Ua which in turn caused a pulling on the valls. Since 1:be ~100r ~ provide. bracing tor tile _118, the cta.age or ~ of floor. ..... 1:bat . a1nor aart:.hquaka, a v~ atoxa or even a:1lNvy rain could C8U.8 the collapM! of ~- J:aIIu' valla. 24. !'b8 doi"lng tJ.tal1ed att8r the eart:b.cpIake Jau, *burned and has ~ ~oa1M4. FrOll ~e ~ourth ~100r, it... obsuved that the IIt:Ml col~ in t:be tower were buckled ana tMUbd. It: vas 4e8cr1be4 .. looking lilte -apaghetti-. Giv.m the acm4iUon of the steel colUJll18 , engineers bave det.erained that the building is unaate. 2!5. Alternative reintorc..-nt scb__, such as .teel brace fr..e., would be very expeJUd ve and, IlOre iIlportantly, would iIlpact the character and function of the buildinq. Givan the narrow corridors and other apace probl_, the ))racing ..y interfere with the exiting .yst_ of the building or on the tunctional areas left in the building. In order to reinforce the building, the old floors would have to be removed and replaced in order to provide the necessary bracing. That would require bracing the walls until the floor work is completed. Such work would place work crews at risk since the structure itself is still subject to collapse from minor seismic activity, winds or heavy rains. In essence, a new structure would have to be built to support the old struct.tre. 26. On February 8, 1996, buildinq materials samples were taken trom the site and tested for the presence of asbestos. samples taken ot an acoustic ceiling, roof and floor tile tested positive tor asbestos in an aaount above AQMD's standard of 1% or greater by weight. A fourth Simple of drywall debris fell within AQMD's standard, but exceeded the CAL-oSBA standard of one-tenth of a percent by weight or greater. 1n addition, under AQlU) and CAL- OSHA regulations, debris is considered. to bave lead, unless proven otherwise. The current asbestos situation is stable only because much of the building's interior is water laden as a result of the alIlount of water used by the Fire DepartJlent to suppress the fire. As the building dries out, the hazardous material will become more dangerous because the material can beCOJle airborne. 27. Lead contamination raises issues similar to the asbestos 6 . . conta.ination. The current wet condition of the buildinq has stabilized the situation, but it will become more hazardous when the buildinq dries out and the material can becOlle airborne. 28. Asbestos and lead are known heal th dangers and are hazardous :aaterials. The February 1, 1996 fire has caused the spread of asbestos and lead contamination throughout the building, even those portions not directly affected by the fire. Given the height of the building and the proxatty to the ocean and the eveninq wind currents, the asbestos and lead aba~ probleas JIWIt :be aba1:ecl bef'ore the _terial dri_ out and ~.. capable of being airborne. IIonitorinq of the ..bellt08 and lead CODt:...~nation viII have to con1:1nue to enaure the _tety ot city _tety personnel and the r_ldenu ot the adjacent properti_. Re-v8t1:iDg o:f the bui1dl"9' ..~i.18 ..y :be Deca8sary to prevent the lead and ubea1:o8 f'roa becoPf.YMJ airborn. above acceptable levels. Re- vet1:ing ..y CiIlu.e rurt:ber dau.4Je to th. .t:ruct.ure. 29. In a a..Glition situation, the 1_4 and a8beatoa problem could be abat:e4 -alOllCJ with dellOllt.ion in appr~t.ely a two to thr.. aonth periocl of tm. In a preservation situation, abatellent would take lonqer, possibly up to one to two years. In a lonqer . term abat..-nt, workers would bave to enter the building and keep the _tarials vet so that they do not beCOJH airborne. However, the process of vetting the ..terials would further weaken the building. Additionally, the buildinq would have to be shored and other precautions taken to prevent debris frcm. falling frOll the buildinq before any such abatement could occur. 30. There is a continuing risk that individuals will seek to enter the building without authorization, even in its dilapidated condition. Fencing, boarding and securinq cannot ensure that entry will not occur in the future. Unauthorized entry poses significant health and safety risks, including increasing the potential for another fire. Given the condition of the Premises, fire fighters are at significant risk of injury if they are called upon aqain to suppress a fire at the Premises or to rescue someone within in it. 31. These conditions constitute a major health and fire hazard, all of which collectively constitutes a public nuisance requiring immediate abatement. 32. Respondent's counsel, SherJlan stacey, indicated at the February 9, 1996 hearinq that respondent agrees that it is clear that the buildinq was severely damaged by the fire and also indicated that it will work with the City to remove the building. 33. Based upon the testimony of the witnesses in this proceeding, there will be no threat to public safety during the interim period until de1llolition of the structure comaences, if respondent promptly complies with the requirement that four security personnel be posted on each corner of the Premises and are 7 . . supervised by a roving- supervisor; if the structure is boarded and secured as directed by this order; and demolition proceeds in accordance with this order. "SOLUTIO. .um OItDBR . Based upon the f indinqs set forth above, it is hereby .oved and resolved: 1. The Preai._ conat:itute a public nuillaDCe pursuant to santa lIoftiea llu.nicipal COde Article VZ:II, Chapter 8.12. 2. The owner i. ordered to do the following: - a. Ulrtil the .tructur. i. fully:, ~lillhed, the owner of the Preai._ 8ball properly board and 88CDre all opening. to t:be ~ on the Preai._ in a aanner acceptable to Santa Monica Fire ~t. SUCh boarding shall be perforaed by no later than 5:00 P.M. on February 10, 1996. b. Maintain the fance enccmpa..ing the Pr_ises erected by the City and i-ediately repair any breach in the fencinq. c. The owner of the Premises shall aaintain at the owner's expense at least 4 security personnel and one roving supervisor on the Pr_ises. tfhe guards shall be present 24 hours a day and shall be posted at each corner of the property to ensure that all openings to the building are within the line of sight of at least one security guard. The security shall be in place by 5:00 P.M. on February 13, 1.996 or sooner. During the interim period, the owner shall reiBlburse the city for all cost of providing such security. Once d_olition of the site commences, the level and extent of security required for the site may be altered. after consultation and agreement with the owner's contractor and the City's Department of Building and Safety. d. Air quality monitoring of the site for hazardous substances shall be conducted once per week with a written copy of the .onitoring report provided to the city. The first report shall be undertaken and provided to the City by February 16, 1996. If air quality levels 8 . - reach levels in violation laws or regulations, iaaediately be watered airborne contamination. of Federal or State the site shall down to prevent e. A permit to demolish the property and abate the asbestos/lead/water contamination at the site shall be obtained froa the city within fourteen (14) days trOJl the date of this order. Prior to obtafninej this perait, the owner shall provide proot that a contractor baa been selected aDd hired aDd ~h~t all necessary clearances for the deaolition of this property and ahateaent of hazardous sublltanca. bave been obtained inclwSiDg but not lillited to clearance froa the South Coast Air Quality llanaq-.nt Board and any other applicable tederal, state or local agency. t. Deaolition of the property shall ~ence within seven (7) days atter the d_olition perai t has been issued. g. Dtnlolition of the site shall be c01Ipleted within sixty (60) days frOlll the date that deaolition is ccmaenced. At the time of coapletion of the demolition, the site shall contain no structure above grade, d_olition debris or any other materials from the structure, and the basement shall be filled or removed, and the site shall consist of a level surface and be securely fenced to prevent access for dumping or parking. 3. The Nuisance Abatement Board shall maintain continuing jurisdiction to maintain the Premises in a non-hazardous condition. If any of the above conditions are not satisfied, the Chairperson of the Nuisance Abatement Board retains the authority to have this Resolution and Order implemented by City staff at the owner's expense and to set further hearings on this matter in order to abate the public nuisance. 4. If the public nuisance on the subject premises is not abated in the manner set forth above within the time periods ordered by the Nuisance Abatement Board, the Nuisance Abatement Board hereby authorizes City staff to cause the public nuisance to be abated and to make the cost of such abatement a lien or special assessment against the SUbject premises. 9 . . This is the final decision of the Nuisa.nce Abatement Board not subject to further appeal. The time within which judicial review of this decision .uat be sought is governed by Code of civil Procedure section 1094.6, which provision has been adopted by this Ci ty pursuant to Santa Monica Municipal Code Section 1.16.010. I hereby certify this Resolution is a statement of Official Action and accurately reflects the final determination of the Nuisance Abatement Board of the city of Santa Monica. DATED : ~~ Chairperson Nuisance AhateIDent Board C~~:rD DUal RftOU :DdJIl:rr RBQua~ nab\1725reSO.2 " 10