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HomeMy WebLinkAboutAgenda Packet 011808Atascadero 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 City of Atascadero 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