HomeMy WebLinkAboutAttachment 011808 r.
X3, 1979
Atascadero City Council
Staff Report - City Manager's Office
Update on Printery and Community Center
(This update will include current programs and activities,
FEMA funding and site conditions.)
RECOMMENDATION:
Council receive and file this report.
DISCUSSION:
The City Manager will provide a verbal report on all related issues concerning the
Printery and the Community Center, including current programs and activities, FEMA
funding, and site conditions at the new Community Center.
FISCAL IMPACT: None
ATTACHMENTS:
1. Administrative Services Director Rachelle Rickard's Memo, dated 01/18/08
2. Printery and Community Center Timeline
3. Colony Park Community Center, 5599 Traffic Way Timeline
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City of At
Office of Administrative Services
TO: City Council
FROM: Rachelle Rickard, Administrative Services DirectorG4-
SUBJECT: Federal Emergency Management Agency assistance to the City of
Atascadero in the case of the Printery Building
DATE: January 18, 2008
The purpose of this memo is to provide you with information regarding the City's use of
Federal Emergency Management Agency (FEMA) Printery building funding for the
construction of the new Colony Park Community Center. I appreciate your desire to
have the most complete information available on this subject. To that end, I've attached
a 14-year timeline of activities regarding the Printery to this memo.
Additionally, I'd like to provide you with a brief recap of FEMA's regulations and process
with regard to their Public Assistance (PA) program.
FEMA, along with the State Office of Emergency Services (OES), provided an
informational briefing soon after the disaster. Through that briefing, and additional
follow up meetings, City staff members were informed of the regulations of the Public
Assistance Program.
According to "Public Assistance; Public Assistance Guide" (Guide) published by FEMA
(publication FEMA 322), there are four basic eligibility criteria for public assistance
funding:
1. Applicant
2. Facility
3. Work
4. Cost
Applicant
The first requirement to obtain public assistance funding is to qualify as an eligible
applicant under FEMA's official definition. The Guide lists four types of categories of
eligible applicants. Included in that list is local government.
Facility
After being established as an eligible applicant, the PA program requires that the facility
to be funded also meets the requirements as eligible.
Facility Defined
According to page 16 of the Guide, "A facility is defined as any publicly or PNP-
owned building, works, system, or equipment; or certain improved and maintained
natural features." The Printery is a building and therefore meets this criteria.
Legal Responsibility
An eligible applicant must be legally responsible for the damaged facility at the time
of the disaster. Page 25 of the Guide states that, "Ownership of a facility is sufficient
to establish the responsibility for work to repair the facility." The City was the owner
at the time of the disaster, and was legally responsible for the building from July
1994 to March 2006.
Located in Disaster Area
The building must also be located within the designated disaster area. The declared
disaster area included San Luis Obispo and Santa Barbara Counties.
Active Use
Additionally, the facility must be in active use at the time of the disaster. Occupancy
of the building would meet this requirement. Many activities were taking place in the
Printery at the time of the San Simeon quake including cheerleading practice, rental
of space to a photography studio and a karate studio, and utilization of portions of
the building by the Masons and the George C. Beatie Skate Park users. The
building was far from vacated.
Work
FEMA defines three general types of work that may be eligible: 1) debris removal; 2)
emergency protective measures; and 3) permanent restoration. Each type has its own
criteria to meet. The funding the City received for the Printery fell under the permanent
restoration type.
Cost
On page 33 of the Guide, FEMA defines "costs that can be directly tied to the
performance of eligible work" as eligible. Such costs must be reasonable, necessary,
compliant with all procurement regulations, and net of all applicable credits. FEMA
determined eligible costs for the Printery.
Improved Proiects
The Stafford Act (the governing legislation for the PA program) allows eligible applicants
to request Improved Projects. According to page 85 of the Guide, "The improved facility
must have the same function and at least the equivalent capacity as that of the pre-
disaster facility." Because the Printery was being used for several activities at the time
of the quake and because the Colony Park Community Center carries at least the
equivalent capacity as that of the Printery, the City is eligible for the improved project.
FEMNOES has extensive proof process that the City had to successfully complete prior
to being considered eligible for improved project funds. City staff followed all
regulations and provided all requested documentation during that process.
The estimated cost to repair earthquake damage to the Printery Building was
$7,260,000. FEMA responded with a commitment to the City in the amount of
$4,051,020, which is the amount that FEMA calculated it would cost to replace the
Printery.
After evaluating all of the options, the Council determined that it was in the best interest
of the community to apply for an improved project rather than repairing the Printery
building. By making this decision, the Council would be able to accomplish many goals
simultaneously: they would provide a new and better planned facility for the youth; the
Printery building would be preserved for future generations through the use of private,
not public, funds; and FEMA, and ultimately the taxpayers, would save a significant
amount of money, estimated in the millions of dollars, all through the legal and ethical
use of FEMA's Public Assistance Program.
FEMA has very lengthy policies and requirements. The above information is a
simplified executive summary of those regulations. I would be happy to review this
issue in further detail and provide additional backup information.
Attachment: Printery and Community Center Timeline
PRINTERY AND COMMUNITY CENTER TIMELINE
5/24/94 Council votes to accept the Atascadero Temple Association's (ATA's) proposal to donate
99% of the building and 100% of both lots. Council also approves a resolution
authorizing the Agreement to Convey Real Property and the Joint Occupancy Agreement
with the understanding that they are to be amended before the close of escrow and come
back for final approval by the City Council
07-12-94 Council gives final approval of the Agreement to Convey Real Property and the Joint
Occupancy Agreement relating to the acquisition of the Masonic Temple
07-12-94 City and Atascadero Temple Association execute Joint Occupancy Agreement and
through Agreement to Convey Real Property. Atascadero Temple Association conveys 99%
07-29-94 interest in Printery to City, subject to joint occupancy agreement
1994 City owns and maintains the Printery Building
(remainder of
year) Activity reports are not available for activities held at the Printery, but newspaper archives
and recollections suggest activities at the Printery include clean up days, fund raising
activities, and dances
1995 City continues to own and maintain the Printery Building
Activity reports are not available for activities held at the Printery, but newspaper archives
and recollections suggest activities at the Printery include fund raising activities, meetings
and clean up days
1995 Fund raising and planning activities are held for the George C. Beatie Skate Park next to
the Printer
06-27-95 Council report on Architect's Analysis of the Youth Center/Printery Building. Council
directs staff to "continue the present usage policy"
1996 City continues to own and maintain the Printery Building
Activity reports are not available for activities held at the Printery, but newspaper archives
and recollections suggest activities at the Printery include fund raising and skate park
activities
03-23-96 George C. Beatie Skate Park opens
04-09-96 Council receives report on seismic retrofit and the financing /fundraising plan. Council
endorses the financing /fundraising plan
1997 City continues to own and maintain the Printery Building
Activity reports show that Printery holds activities such as Kids Night Out, Atascaplazza,
rentals for weddings and various church organizations, a movie night, a harvest party,
teen variety night, karate, volleyball and other activities
1998 City continues to own and maintain the Printery Building
Activity reports show that Printery holds activities such as youth basketball, Teen Variety
Night, baton class, Mommy & Me, Atascapooloozza, rentals for weddings, youth task
force meetings, dance classes, pitching clinics, and other activities
1999 City continues to own and maintain the Printery Building
Activity reports show that Printery holds activities such as youth basketball, Teen Variety
Night, ARCC meetings, Youth Task Force meetings, karate, volleyball, Girls Scouts
slee over, creative performing classes, and other activities
12-14-99 Council gives direction to discontinue efforts to renovate the Printery building as a Youth
Center, initiate fund-raising effort and develop plans for a Gymnasium to be built on a site
to be determined
Page 1 of 6
PRINTERY AND COMMUNITY CENTER TIMELINE
2000 City continues to own and maintain the Printery Building
Activity reports show that Printery holds activities such as youth basketball, Teen Variety
Night, superbowl party, census training, jazzercise, karate, fencing, adult volleyball and
other activities.
02-24-00 Atascadero Temple Association requests a decision from the City regarding the intentions
for future occupancy of the Printery Building.
05-23-00 Council directs staff to develop an ad hoc committee of service organization
representatives to review alternatives for the future of the Printery building.
11-15-00 City goes out to bid for design services for a Youth/Community Center
2001 City continues to own and maintain the Printery Building
Activity Reports show that Printery holds activities such as Kite's Away, Slime Science,
Camp Kinetic, basketball, fencing, volleyball, Friday Variety Night, meetings, and other
activities
01-23-01 Council hires Heiser and Associates as architect for design of a proposed Youth /
Community Center site to be determined
07-24-01 Council decides to purchase Hay and Feed Building
11-28-01 City purchases Hay & Feed Building
2002 City continues to own and maintain the Printery Building
Activity Reports show that Printery holds activities such as Art Class, Mommy & Me, AHS
Mock Rock, 'azzercise, volleyball, foreign student and other activities
2002 Activities at Hay & Feed include youth basketball, REC Program (summer and Christmas
holiday break), fund raising activities, and BMX demonstration
2003 City continues to own and maintain the Printery Building
Although use is not as heavy as previous year, Activity Reports show that Printery holds
activities such as Mommy & Me, high school concert, youth soccer sign ups, karate,
volleyball, AHS Cheer and other activities
2003 Activities at the Hay & Feed include youth basketball and REC Program (summer months
and Christmas holiday break
April, June & Council discusses disposition of the Printery in closed session
July 2003
6-26-03 Mr. Gearhart applies for a building permit for the Masonic Meeting Hall at 2605 Traffic
Way
8-12-03 Council votes to:
1. Prepare and execute the necessary agreements and documents to return ownership
of the Atascadero Masonic Temple/Printery building to the Atascadero Masonic temple
Association and;
2. Include an agreement to have the building placed on the National Registry of Historic
Places and;
3. Allow temporary use of the George C. Beatie Skate park, until such time as the skate
park can be relocated to Traffic Way Park; and
4. Record a deed restriction to prohibit the demolition of the historic portions of the
Printery and,
5. Form a committee of 2 council Members to meet with a developer designated by the
Masons to make recommendations back to the full Council to renovate the building in
exchange for transfer of Development Credits."
Page 2 of 6
PRINTERY AND COMMUNITY CENTER TIMELINE
12-22-03 Earthquake severely damages building. Building is red tagged and the skate park is
closed temporarily
12-22-03 Scheduled activities at the Printery are canceled i.e.
through 12- Volleyball 12-22-03, 12-24-03, 12- 3-5pm
31-03 29-03 and 12-31-03
Karate Most days 5-8:30pm
Cheer Clinic 12-30-03 10am —3 m
12-26-03 FEMA Preliminary Damage Assessment (PDA) teams arrive and staff shows them
damage at the Printery Building. Possible ownership and use issues are brought up with
FEMA/OES personnel at that time. PDA teams are also shown the Hay & Feed Building
12-29-03 Temporary fencing around Printery building is installed
2004 City continues to own and provide critical item maintenance for the Printery Building.
Skate park is open March —September, however portable toilets are brought in as access
to the Printery building is forbidden. (In September 2004 a minor earthquake hit the
central coast and after an inspection of the building after this minor trembler, it was
determined that the skate park could not remain open due to safety concerns
2004 Activities at the Hay & Feed Building include temporary indoor skate park (January-
February and October-December) and youth basketball
01-21-04 Wysong Construction completes Emergency Shoring Project to prevent collapse of
Printery
01-21-04 Office of Historic Preservation notifies the City that on 1-2-04 the Printery was placed on
the National Registry of Historic Places
01-30-04 Council discusses the future of the Printery and there was consensus "to keep the
Printery, live up to the agreement with the Masons, and re-locate them to the Pavilion
until the Printery is restored."
02-03-04 Kickoff meeting with FEMA/OES is held and projects, procedures and limitations
regarding the earthquake are discussed. Staff, FEMA representatives and OES
representatives tour damaged facilities ending at the Printery Building. After the tour,
FEMA and OES express an interest in documents regarding the use of the Printery and
our agreement with the Masons
02-18-04 At the recommendation of FEMA/OES representatives, staff takes a trip to talk with UCLA
facilities personnel regarding their experience with the FEMA process during the
Northridge earthquake. Staff learns about more about Alternate and Improved Projects
02-24-04 Council holds a closed session regarding the Printery Real Property Negotiations: "City
Attorney Roy Hanley announced that by a 3:2 vote (Pacas, Luna opposed) it was decided
to perform according to the previously agreed upon agreement with the Masons"
February— City staff works with FEMA/OES representatives on an almost daily basis. City provides
April 2004 representatives with copies of items such as Joint Occupancy Agreement with
Atascadero Temple Association, schedule of activities in the Printery building from
1/1/1997 through 12/31/2003, print outs of expenses and maintenance activities for the
Printery, and other requested documentation
03-10-04 At a meeting FEMA and OES representatives discuss the process the City would have to
go through if the City would like to consider an alternate or improved project for the
Printery building.
03-23-04 City issues building permit for Masonic Meeting Hall at 2605 Traffic Way
05-04-04 At a meeting FEMA and OES representatives state that City should do a full damage
assessment and then if they decide to, they can request an alternate or improved project
after the fact
Page 3 of 6
PRINTERY AND COMMUNITY CENTER TIMELINE
05-11-04 Council authorizes staff to hire Hardy, Holzman Pfeieffer Associates and Nabih Youssef
&Associates as the architecture and engineering firms for the Printery seismic repairs
06-21-04 Project to renovate the Hay & Feed Building into a youth center goes out to bid
07-22-04 City reimburses Atascadero Temple Association (ATA) per recently submitted invoices.
Invoices are for rent of their temporary facilities from January 2004 through June 2004 in
accordance with the joint occupancy agreement. (City continues to pay rent for ATA until
City returns Printery to ATA.
08-05-04 City receives bids for renovation of Hay & Feed building as a Youth Center. John
Madonna Construction is the only bidder and comes in substantially higher than budgeted
at $2,409,900 Total project budget is $1.2 million
08-11-04 City's earthquake architecture and engineering teams are here documenting damage to
through the Printery building and designing appropriate repair schemes
08-13-04
08-24-04 Council rejects the bid received for the renovations to Hay & Feed building as too
expensive
09-09-04 Walk through of Printery Building with FEMA representatives, OES representatives, A&E
consultants and with City staff. Everyone tours entire building discussing earthquake
damage, pre-existing damage, use of various areas (Mason's areas, photography studio,
Ken Yu Kan Karate studio, gym, kitchen, pool room, etc.), possible fixes, etc.
09-14-04 Staff asks Council for direction on whether to look at additional funding sources or revise
the plan for the Youth Center (Hay & Feed). There was Council consensus to look at
additional funding sources for the Youth Center (Hay & Feed) including utilizing
redevelopment fLinds
09-14-04 Council hears about the Printery money, FEMA and the possibility that 70% of the total
cost estimates of the reconstruction can be transferred to another project. Therefore a
City Council study session is scheduled to look at FEMA projects
09-21-04 Staff prepares report for study session on FEMA funds. Staff discusses timing of the
projects, agreements with the Masons, and timing pressures. Staff also recommends
that Council direct the FEMA/OES funds from the Printery project to the City
Administration Building
09-23-04 Pfeiffer Partners submits Damage Assessment and Rehabilitation Plan to City, FEMA
and OES.
09-28-04 Council unanimously affirms it would not challenge giving the Printery back to the
Masons, and Council unanimously decides to take the FEMA funds of$6.3 million and
use it on an improved project— a new Youth Center
09-30-04 In response to request by FEMA, City transmits copies of all agreements between City
and Atascadero Temple Association to OES
10-26-04 Mr. McKinney updated Council on progress for the Youth Center and asks for direction
with respect to processes. Decision points to consider are:
1. How will the location of the new facility be decided
2. Who/how will the approval of the conceptual plan be completed
Council deliberates on the discussion points as well as the roll of the Parks & Recreation
Commission in the decision making process for the Youth Center
11-23-04 City hires company to move Atascadero Temple Association furniture to storage. City
begins paying for Atascadero Temple Association storage unit in accordance with joint
occupancy agreement
12-02-04 Meeting with FEMA representatives, IDES representatives, architecture & engineering
team and City staff occurs to discuss the Printery Damage Assessment Report, the
proposed repairs to the Printery, the use of the Printery prior to the earthquake and other
items related to issuing a project worksheet for the Printery Building
Page 4 of 6
PRINTERY AND COMMUNITY CENTER TIMELINE
12-09-04 Pre-Design Cost Model Report forwarded to FEMA. Estimated cost to repair earthquake
damage to the Printery Building is $7,260,000
12-14-04 Council approves the selection of the Traffic Way/Hay & Fee/City Corporation Yard site
for the development of the Recreation Center building and associated facilities, and
directs the City manager to proceed with the development of a Youth Center building and
site plan for the Traffic Way location and directs the City Manager to prepare a plan for
the relocation of the Corporation Yard and the removal of unnecessary waste water
related facilities. Motion passed 3:1 Pacas opposed, O'Malley was absent
12-16-04 City submits report entitled "URM Wall to Diaphragm Connection Damage for the Printery
Building to OES. OES forwards report to FEMA soon after receipt)
12-21-04 Project Worksheet prepared by FEMA is dated 12-21-04; however support documents
prepared by FEMA for the PW are dated February 2005. (The City is not notified that PW
exists until March 2005 and notification of funding availability was not received by City
until October 2005.)
The project worksheet determines that the cost of repairing the Printery Building exceeds
the 50% threshold for repair vs. replacement, therefore funding is based on the cost of
replacing the Printery. Funding is in the amount of$4,051,020 (75% of this amount will
be funded by FEMA, 25% by OES
12-28-04 City transmits (to OES and FEMA) copies of floor plan of Printery showing areas of
exclusive use designated in July 1994 agreement with Atascadero Temple Association
2005 City continues to own and provide critical item maintenance at the Printery Building
2005 Activities at the Hay & Feed Building include After School Activities Program (January—
Mayouth basketball, skate park (April — December
2-2-05 OES issues a supplemental notice to City for funding in the amount of$160,517 for
architecture and engineering costs + administrative costs related to the Printery
03-07-05 City sends letter to Congressman Thomas requesting assistance obtaining Printery
funding decisions from FEMA
03-09-05 In conversation with an OES representative, the City is notified that a PW for the Printery
had been issued for over$4 million dollars. The length of the appeal process and the
City's time pressure to relinquish the building to the Temple Association are discussed. It
is suggested that the City complete an improved project request
03-09-05 Press release issued from Congressman Thomas' office regarding FEMA announcement
that City would be compensated for loss of Printery
03-22-05 Council approves site master plan for Traffic Way Park (by David Volz Design) and
Recreation Center Design Plans (by BFGC
04-25-05 City submits Request for Improved Project for Printery Building to OES. (OES forwards
to FEMA 5-12-05
June 2005 City works with FEMA and OES on Environmental / Historical Review of City's improved
project request
06-29-05 FEMA notifies OES that project complies with NEPA and with historical requirements.
OES forwards notification to Cit 7-15-05
07-19-05 City requests a time extension for the Printery Improved Project
08-18-05 OES approves the City's Improved Project Request for the Printery
08-26-05 Wade McKinney signs Grant Deed to transfer ownership of the Printery Building to the
Atascadero Temple Association
09-02-05 OES approves a time extension through December 31, 2007 for the Printery Improved
Project
09-23-05 Final inspection of Masonic Meeting Hall at 2605 Traffic Way
Page 5 of 6
PRINTERY AND COMMUNITY CENTER TIMELINE
10-12-05 OES issues a supplemental notice to City for funding in the amount of$4,192,433.
$4,051,020 is for the Printery Building and the remaining amount is to reimburse a portion
of administrative costs related to the project. PW is dated 12-21-04
11-08-05 Council certifies Mitigated Negative Declaration for Traffic Way Park expansion and
Recreation Center Master Plan
2006 City continues to own and provide critical item maintenance at the Printery Building
through 3-9-06
2006 The Hay & Feed Building is used as an indoor skate park and holds related activities.
The building was closed for renovations in January and February with a grand opening on
02-28-06
03-02-06 Atascadero Temple Association signs Grant Deed for Printery Building.
03-09-06 Grant Deed is recorded, returning the Printery Building to the Atascadero Temple
Association
08-17-06 Council awards bid for New Recreation Center to Wysong Construction
2007 The Hay & Feed Building is used as an indoor skate park and holds related activities.
02-23-07 City submits first claim for FEMA/OES reimbursement on New Recreation Center (for
appropriate costs paid through 2-23-07
04-16-07 City submits claim for FEMA/OES reimbursement on New Recreation Center (for
appropriate costs paid 2-24-07 through 4-16-07
08-15-07 City submits claim for FEMA/OES reimbursement on New Recreation Center (for
appropriate costs incurred through 6-30-07
Page 6 of 6
Colony Park Community Center Timeline
5599 Traffic Way
1937 - 1983 The Traffic Way property operated as the sewage treatment plant.
1980 - 2005 Property functioned as the City sewer lift station (consisting of a pump
house, turbine and water storage tank) & Public Works Yard; several
buildings existed on the property, including a main office, mobile trailer
office, paint shop and a Dial-A-Ride storage shed.
11-2004 Komex collected soil samples and concluded that (1) No organic
contaminants were detected above their respective method-reporting limits
in any shallow soil samples, and (2) metals concentrations in soil samples
did not exceed any USEPA Region 9 Residential PRGs.
12-14-2004 City Council approved the selection of the Traffic Way Yard site for the
development of the Recreation Center building and associated facilities,
and directed the City Manager to proceed with the development of a Youth
Center building and site plan for the Traffic Way location, and directed the
City Manager to prepare a plan for the relocation of the Public Works Yard
and removal of the unnecessary waste-water related facilities.
02-2005 Komex conducted a Phase I environmental assessment and concluded
that there was no evidence of any recognized environmental conditions
(REC's) at the 5493 property (adjacent to the 5599 Traffic Way property).
Komex concluded that there could be a possibility of the following on the
5599 Traffic Way Property: gasoline and/or materials associated with
sewage wastewater or sewage treatment byproducts which may have
impacted soils and groundwater; asbestos containing materials and lead-
based paints could require assessment prior to the demolition of property
buildings.
07-2005 ATC Associates conducted a Phase II environmental assessment of the
property including soil sampling and analysis as well as assessing the
buildings and structures for lead and asbestos. Asbestos tiles and some
lead-based paint were found in some structures. These structures were
removed in late 2005. Asbestos and lead abatement and disposal
associated with these structures were completed in late 2005 as well (SLO
Air Pollution Control District Notification #A05-93).
09-2005 Mearns Consulting Corp. conducted a HHRA (Human Health Risk
Assessment) based on the soil data from the ATC Phase II assessment.
Their assessment recommended soil remediation.
12-2005 ATC Associates supervises a remedial excavation at the property to
remove soil containing elevated concentrations of certain contaminants.
Three different areas were excavated with a total of 1,249 cubic yards of
soil being removed. ATC also collected 17 soil confirmation soil samples.
12/12/05 Santa Maria Sanitary Landfill (SMSL) inspected, accepted and approved
for disposal approximately 60 loads of"non hazardous hydrocarbon
impacted soil", after specifically stating that only non-hazardous material
would be accepted for disposal.
04-2006 SLO County Department of Public Health conducted recommended a
comprehensive post-remediation human health risk assessment (HHRH)
be conducted.
Page 1 of 2
Colony Park Community Center Timeline
5599 Traffic Way
05-2006 Mearns Consulting Corp. responds to comments from the County's
Environmental Consultant Teri Copeland regarding her HHRA and site
characterization reports.
06-2006 After receiving comments from Mearns, Jeff Poehl of the County's Public
Health Office, issues a letter stating that a site clearance cannot be offered
and that there are still additional questions.
07-2006 Avocet Environmental performed supplemental soil sampling. Organic
compounds and semi-volatile compounds were not detected in any of the
soil samples analyzed.
07-2006 At the recommendation of the County's Environmental Consultant, the City
hires McDaniel-Lambert to perform another HHRA (Human Health Risk
Assessment) on the property, the complete text and analysis of which is
contained for public review in the attached binder. This report applies
relevant USEPA & CalEPA risk assessment guidance and addressed all
the outstanding issues that were of previous concern to the County.
08-29-06 The SLO County Department of Public Health reviewed the McDaniel-
Lambert HHRA report and concludes that the final version of the HHRA
dated 8/28/06 is complete and acceptable, and that no further action was
required for the site to be used as a recreational facility.
08-2006 Council awards the bid for the new Recreation Center to Wysong
Construction
12-2007 Completed Colony Park Recreation Center opens to the public.
Page 2 of 2