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R-9006 . It 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 instabllity; 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 e e 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 City 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 e e 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 condition 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, exi t stairwells blocked with debris 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 building are buckled and twisted; and 3 e e 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 wi th 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 e e WHEREAS, asbestos and lead are known health dangers and hazardous materials, and the February 1, 1996 fire has caused the spread of asbestos and lead contamination 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, including 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 infeasible 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 e e support the old structure for the same reason rehabilitation is economically infeasible; 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, including boarding the building, providing security and performing weekly air monitoring, albeit after the required deadlines, the owner has not applied 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 e e 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: trJl~~ MatSha Jone~ Moutrie ciey Attot-fiey f:\plan\admin\reso\seacastl 7 e e Adopted and approved thIS 19th of March, 1996 4~ 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, Rosenstein Noes CouncIlmembers None Abstam CouncIlmembers- None Absent CouncIlmembers' Holbrook ATTEST '- ~~ " CIty Clerk