HomeMy WebLinkAboutUST Records - 692 MarshCity of San Luis Obispo Fire Department
2160 Santa Barbara Avenue, San Luis Obispo, CA 94301-5240
Phone 805-781-7380, Fax 805-543-8019
REQUEST FOR PUBLIC RECORDS
The California Public Records Act (Government Code 6250. et seg.) was enacted to ensure public access to public
records. This form will enable us to accurately and efficiently fill your request. Copies are $0.35 per page.
NAME: �� DATE OF REQUEST: ! 1
I /
FIRM: b,��:ro ��w•pc�-�.�t �.v�� . ADDRESS:
9(-)
ID:
INFORMATION REQUESTED: For each record, list street address and �z bject matter.
cAl
YOUR REQUEST WILL BE PROCESSED IN COMPLIANCE WITH THE PUBLIC RECORDS ACT.
California Government Code Section 6253 (c). Each agency, upon request for a copy of records shall, within 10 days from receipt of the request,
determine whether the request, in whole or in part, seeks copies of disdosable public records in the possession of the agency and shall promptly
notify the person making the request of the determination and the reasons therefore. In unusual circumstances, the time limit prescribed in this
section may be extended by written notice by the head of the agency or his or her designee to the person making the request setting forth the
reasons for the extension and the date on which a determination is expected to be dispatched. No notice shall specify a date that would result in
an extension for more than 14 days.'
Please contact KERRY of the San Luis Obispo Fire Department at731-7 W for an appointment.
FOR OFFICIAL USE ONLY
Researched by -
Time Spent:
Date Completed:
Charge (if any):
Mail: Pickup:
05-29-02
IAs used in M section, 'iunusual circunwWwes'means, but only to Me extent reasonably necessary to the proper processing of the particular
request: t)Tho need to search for and colloct the requested records from held facilities or other establishments that are separate from the office
processing the request. 2) Tho need to seam for, eollocf, and approprfately examine a voluminous amount of separate and dlstlnct rocords
wVch are demanded in a single roquest. 3)The need for consultation, wNc h shall be conducted with all practkablo spood, with another agency
Raving substantial interest in the determination of Me request or among two or more components of the agency having substantial sublect
matter interest therein.
lok
COUNTY OF SAN LUIS OBISPO
ENVIRONMENTAL HEALTH SERVICES DIVISION
ENVIRONMENTAL HEALTH SERVICES DIVISION
PUBLIC RECORD ACT REQUEST FORM
This form is not required to submit a request; however, this assists the Department identify records or data you
are requesting and track your request.
Per the California Public Records Act (CPRA), I hereby request reproduction of the following records maintained by
this department and understand that there may be fees incurred in the reproduction of the records.
Please complete the form below. If this department does not maintain your requested records this form will be
forwarded to the correct department, to the extent known.
YOUR NAME
Patrick Groff
MAILING ADDRESS (STREET AND UNIT NUMBER)
MAILING ADDRESS LINE 2
CITY, STATE & ZIP CODE
ORGANIZATION (IF APPLICABLE)
Pangea Environmental Services, Inc.
PHONE NUMBER
(
FAX NUMBER
EMAIL ADDRESS
pgrofff@pangeaenv.com
RECORDS REQUESTED (where applicable, include an APN, property address, and/or other identifying information)
I would like to request a file review for 692, 696, and 698 Marsh Street, San Luis Obispo, 93401. The
APN for this property is 800-011-653.
Please provide any recent or historic documentation related to the Underground Storage Tank (UST)
which was closed in place at this location.
YOUR SIGNATURE (TYPE NAME IF COMPLETING ONLINE) I TODAY s DATE
Patrick Groff
12/21/2017
CPRA requests may be submitted:
• Via Email: Email completed form to: ehs@co.slo.ca.us
• Via Fax: Fax completed form to (805) 781-4211
• Via US Mail: Mail completed form to: 2156 Sierra Way, San Luis Obispo, CA, 93401
• In Person: Submit completed form to front counter staff.
A response will be sent to you within ten* business days of receipt of your request by this office. All payments are due at the
time record reproduction is provided.
Questions? Please contact us: (805) 781-5544
*In some instances, the Department may require up to an additional 14 days to respond to a request as authorized by the Act.
PLEASE NOTE: The California Public Records Act (GoVt Code Section 6250 et. seq) applies to writings in County flies containing information relating to the conduct of the
publics business prepared, owned, used, or retained by any state or local agency regordless of physical form or characteristics." The County will provide those documents to
you, unless they are exempt from disclosure under the Public Records Act or other legal reason prevents the documents from being disclosed to the public.
MEMORANkr QM
TO: Bill Roalman, Councils
FROM: Michael Dolder, Fire
DATE: October 8, 1990
SUBJECT: 9/28/90 Memorandum Attachments for 692 Marsh Street
A memorandum dated 9/28/90 was sent to you regarding the historical update of the underground
tanks located at 692 Marsh Street. Two attachments (Attachment #1 and Attachment #2) were
inadvertently not sent. I have included them with this memorandum.
Please excuse this oversight and hope that this has not caused any confusion.
MD:vrd
cc: John Dunn, CAD
MEMORANDUM ��Plty Of Sm I kils OBISPO
MEMORANDUM FIRE DEPARTMENT
MEMORANDUM 748 Pismo Street . San Luis Obispo, California 93401 . 805/543-6046
TO: George Truppelli, Fire Marshal
FROM: R. K. Miller, Underground Tank Inspector
SUBJECT: 692 Marsh Street
DATE: 21 February 1986
This is an update regarding telephone conversation with Anne Russell,
Assistant City Attorney and Rob Rossi.
Approximately 4:30 p.m., February 20, 1986, Anne Russell called concerning
letter sent to Rob Rossi. She was under the impression that (we) Fire
Department was requiring a soil analysis regarding condition of property.
My response was that, although soil analysis was indeed a step in the right
direction, a decision both by myself and the Fire Marshal indicated compliance
to Section 2672(c) took precedence over soil sampling. My concern over
the tanks' integrity regarding settlement of slurry compound inside tank(s)
creating a void inside the tank, was expressed, again.
NOTE: It is important to recognize the following:
1) Public Safety - Are the tanks, all the tanks, indeed, filled and safe?
2) Location - Where are the tanks? Only an "as built" drawing has been
supplied.
3) Condition of tanks - Are they leaking? If so, they are to be removed
(required by law).
4) Tanks updated to new law requirements - Are they registered on deed?
a) This identifies tanks as to exact location.
b) Insures that they were abandoned according to Fire Department
requirements.
Regarding Mr. Rossi's phone call at 4:45 p.m. same day; his concern was two -fold:
1) Why was the Fire Department requiring location and verification of
tanks now?
2) A Fire Department rep was on hand (Bob Rutledge) along with various
City reps (see file notes) not stipulating to him any of my require-
ments (see letter dated 2-16-86).
OUTCOME: 1) Meeting will take place 2-24-86 at.9:00 a.m. with Mr. Rossi, the
Fire Marshal and myself regarding this matter.
2) Fire Chief has been advised as to this matter.
3) Bob Rutledge will supply letter for file regarding his position
in this matter.
4) City Attorney notified as to this meeting (called 0800, 2-21-86
and left message to reply.)
Recording requested by:
Ftr!t American Title Ins. Co.
Orber No.
Escrow No. SLO 848674ND
Loan No.
WHEN RECORDED MAIL TO:
First American Title Ins. Co.
PO Box 1147
San Luis Obispo CA 93406
MAIL TAX STATEMENTS TO: II t0.EP Irri
Y
Mrs. Sylvia Gordon
APti 02 422 18
City of San Luis Obispo
Attachment
L RF
23063 q_
IOC. NO. .. •'
OFFICIAL RECORDS I 297.n ' -,T
SAN WIS OEIISFO CO., CAL L / 1 3 /;:7 ?- 3 ? 1 ^,•;• r.ITL
A RISM
FRANCIS M. COONEY
County Clerk Records
TIME 1 1: 30 AM
}IA[E AROVE iMI} LINE FOR IIEGONO(11'S USE
IU E1E7z;;�
SFER TAX i297.00
_ anouted on the Ca IIIWWO*n or WOUG M prOPWTV C—vM: OM
.. AA Computed on the Con.ldrwton or •Iu• on Ilse 0, ens„mor•ncea
_-�h�iMsyuf e-1a. _
Nancy Deering, Es Officer for
First American Tatle Ins. Co.
GRANT DEED
FOR A VALUABLE CONSIDERATION, recrlpt of which is hereby acknowledged, ROSSI/ROSSETTI, a California
General Partnership—
I—" GRANTS)to Chicago Title and Trust Company, as trustee under Trust Agreement
dated Apr. 27, 1928and known as Trust Number 5-68222 --
the real property in the City of San Luis Obispo
County of San Luis Obispo State of California, described as
The complete legal description is attached in exhibit A consisting of 1 page and
made a part hereof by reference.
The complete description of legally abandoned implace underground tanks are attached in
exhibit B-1 and B-2a made a part hereof by referene.
This is the first of two grant deeds recording concurrently for the following purpose:
Grantor is deeding property to grantee for the specific purpose of effectuating a
1031 tax deferred delayed exchange for the benefit of Sylvia Gordon Trustee under
the Sylvia Gordon Trust dated April 27. 1978, wherein Gordon is taking title to the
propertyby way of grant deed from grantee to Gordon recording concurrently herewith.
Dated Feb. 1, 1987
OF CALIFORNIA tie
rV OF _ t
on_
before m• -.'!n d a ".,y Putgc n. Inc by :iij St
-pnaer .poealee _ /
ROSSI/RO I, a California General
Partner
BY:.. _
Rob R si
By•
Jon Rossetti
par ant I,np R to m 'p cv, Inn bay.- d unalaCtpry
- 4ft-.1 10 he th. p.. W n- I W.10 wtxchbed to the
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\\ 17ni, a, a. 101 ollw'„1 not-rlal ...11
MAIL TAX STATEMENTS AS DIRECTED ABOVE f�77,m
-7 Ot002 16/921
WL 2n7 ,m185
Exniblt A
Lot 16 and that portion of Lot 15 In Block 7 of Murray and Churrh's
Addition to the City of San Luis Obispo, In the City of San
Luis Obispo, County of San Luis Obispo, State of California,
according to map filed for record September 27, 1877 In Book
A, Page 144 of Maps, described as follows,
Beginning at the Northwesterly corner of Broad and Marsh Streets,
In the City of San Luis Obispo, as sold streets exist and as
said Marsh Street has been wldenedl thence Northwesterly along
the.westerly line of Brood Street 80 feet more or less to the
Southeasterly corner of the Lot conveyed to Manuel F a u s t I a o
Picano by deed recorded In Book 95, Page 69 of Deeds; th,.ce
at right angles Southwesterly along the Southerly line of ".e
aforesaid lot of Manuel Faustlno Picano, 145 feet to the wssterly
Iine of sold Lot 15; thence at right angles Southeasterly along
the westerly line of Lots 15 and 16, 80 feet more or less to
the Northerly IInn of Marsh Street; thence Northeasterly along
said Northerly line of Marsh Street ids feet to the point of
beginning.
vat 2977FAr,E 187
I1l_3CR1 PT1 ON
OF AREA OF KNOWN AND LEGALLY AnANDONED
INPLACE UNDERGROUND TANKS.
That portion of Lots 15 and 16 In Block 7 of the Murray and
Church Addition to the City of San Luis Oblspo, in Lhm City
of San Luis Obispo, County of San Luis Oblapo, State of
CnlllOvrrla, according to the reap recorded in Dook A of Map..
at pnge 143 In the County Recorders Office of said County,
described as follows.
Commencing at the southerly corner of the lend described In
the deed recorded In Book 2425 of Official Records, at page
315 !n meld Recorders Office, an shown on the sop recorded
In Book 50 of Licensed Surveys, at page 93 In maid Recorders
Olflcf-; thence along the aoutheoaterly 11ne of sold land.
North 530 08' 43" East 39.4 fe"L; thence North 360 51' 17"
Went 10.0 feet to the True Point of Beginning; thence Live
following courses:
North 360 51, 17" Wsvvt 50.0 feet;
North 530 08' 43" East 75.0 feet,
SouLl1 360 51, 17" East 50.0 test;
SouLh 530 08' 43" West 75.0 feat to Live True Point of Deglnning.
Th" 1:urkc In the above nren contalned petroleum distillates and have been
Illled with a slurry mix In place.
VOL 2977PAI:E188
a:5
DESCRIPTION SKETCH
OF A PORTION OF LOTS 15 Q IG IN BLOCK 7 OF THE
MURRAY AND CHURCH ADDITION TO THE CITY OF
SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO,
STATE OF CALIFORNIA.
EX111BIT "9-2"
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END OF DOCUMENT
S T VOL 2977PAr.C189
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FIRE DEPARTMENT
748 Pismo Street • San Luis Obispo, CA 93401 • 805/549-7380
M E M O R A N D U M
TO: Dennis Cox, Drainage and project Coordinator
FROM:
Lew Schmutz, Fire Marshal ,6
DATE: July 1, 1985
RE: 692 Marsh Underground Tanks
This letter .gill confirm our conversation regarding the underground
tank( s) at the old Waynes Tire Store, 692 Marsh Street. As vie observed,
there was at least one empty tank on premises which appeared to contain
oft. We also observe a possible oft drain box at the Northeast corner of
the building. It was impossible to ascertain where the underground piping
terminated. The city should investigate to determine whether another tank
exists.
According to the Uniform Fire Code, section 79.113(e), underground tanks
which have been out of service for snore than a year raust be removed or
abandoned in place. The fire department requires the tanks to be removed
unless there is a substantial financial impact or the process would create
a safety hazard due to excavation.
I would expect that the city will arrange to have the tank(s) removed
within 90 days. Thank
f you
for cooperation
act in this matter. If you have
any questions, please
LS:ve
cc:Chief Truppelli
Director Dol der
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MEMOFLLaNDUM Pm' �san fumeot3mspo
�i Public Works Department 805/549-7210
990 Palm Street, P.O. Box 321, San Luis Obispo, CA 93406-0321
TO Lew Schmutz, Fire Marshal
FROM Dennis Cox, Drainage and Projects Coordinator 01—
SUBJECT Underground Flammable Liquid Tanks DATE June 12, 1985
In response to your letter of May 23, 1985 (which we did not receive until
June 4, 1985), I talked to the manager in San Luis Obispo and he said that
the tanks at Marsh and Broad (formerly Wayne's Tires) had been filled
about 15 years ago. The owner, Bob Miller, said that Rich Sand of Santa
Maria filled the underground tanks with a slurry mix. If you have any
questions, please call me at 549-7220.
dh
MEMORANDUM
�, ® SAn
EMORADUM OBIS
: MEMORANDUM FIRE DEPARTMENT
MEMORANDUM 748 Pismo Street . San Luis Obispo, California 93401 549-7380
TO: Dave Romero, Director of Publi Works
FROM: Lew Schmutz, Fire Marshal
SUBJECT: Underground flammable Liquid Tanks
DATE: 23 May 1985
It has been brought to our attention that the City -owned property at
Broad and Marsh (old Wayne Tires) may have underground flammable -liquid
tanks. I was told by an employee from Wayne Tires these tanks were
filled with concrete and abandoned.
It may be in the City's best interest to ascertain if these tanks do
exist and what is their status. If they exist and have not been filled
with an acceptable material, they must be removed.
Please contact me after your investigation. Thanks for your cooper-
ation. If you have any questions please call me.
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Recording requested by:
t. First American Title Ins. Co.
Orber No.
Escrow No, SLO 848674ND
Loan No.
WHEN RECORDED MAIL TO:
First American Title Ins. Co
PO Box 1147
San Luis Obispo CA 93406
IOC. N0. 25063
OFFICIAL RECORDS
SAN LUIS OBISFO CO-- CAL
APRISW
FRANCIS M. GOONEY
County CWU Rocof(W
TIME 1 1 : 30 AM
4 Ir, RF
7 G.!1 pF
1 +, 297.ni) OT
3 31%'u'FATL
N►ACt AHOY& THIN LIN% Pon MICOn Dtn'; 115r
MAIL TAX STATEMENTS TO 1r IEEE LXEM°T ,"JI
STATr 6ocullwWARY TAAPMFI TAX �297_ QO..—
Mrs. Sylvia Gordon cdrnpufedenthe Ilenslaer.Nenorvalue olPIalso vconveYed;oR
200 E. Delaware
APN 02 422 18
City of San Luis Obispo
Nancy Deering, EW ow Ofi
1'i rst1mer clan 1'i tl a Ins.
GRANT DEED
DIM taa�:rw Name
cer for
FOR A VALUABLE CONSIDERATION, receipt of which Is hereby ecknowledped, ROSSI/ROSSETTI, a California
General Partnership --
hereby GRANTIS)to Chicago Title and Trust Company, as trustee under Trust Agreement
dated Apr. 27, 1978 and known as Trust Number 5-68222 --
the real property in the City of San Luis Obispo
County of San Luis Obispo State of California, described as
The complete legal description is attached in exhibit A consisting of 1 page and
made a part hereof by reference.
The complete description of legally abandoned implace underground tanks are attached in
exhibit B-1 and B-2, made a part hereof by referene.
This is the first of two grant deeds recording concurrently for the following purpose:
Grantor is deeding property to grantee for the specific purpose of effectuating a
1031 tax deferred delayed exchange for the benefit of Sylvia Gordon Trustee under
the Sylvia Cordon Trust dated April 27, 1978, wherein Gordon is taking title to the
property.by way of grant deed from grantee to Gordon recording concurrently herewith.
Dated__ Feb. 7, 1987
I
CALIFORNIA .�
OF— 1
on_ i
tteloro ma. +reed a Notary Public In and for :rid SI . w'
.many aposeled /
t»noMllY known to ma ��on IM wet. f>t uu.taelfNy
evidence) to be the peta•Were subscribed to the
vnlnin �nnl n,mnnl and In,hhertnnv executed
H e acme ��
WITNt S9 head and official riot
ROSSI/RO TI, a California General
Partner
-._ - —
By.
Rob R si
BY.4nR'o—ssetti
>—
Jo
(Thu area for official notarial uell
q� 1112 (6/82)
MAIL TAX STATEMENTS AS DIRECTED ABOVE a2-977ma185
Exnlblt A
Lot 16 and that portion of Lot 15 In Block 7 of Murray and Churrhls
Addition to the City of San Luis Obispo, In the City of San
Luis Obispo. County of San Luis Obispo. State of California.
according to map filed for record September 27, 1877 In Book
A. Page 144 of Maps, described as follows;
Beginning at the Northwesterly corner Of Broad and Marsh Streets,
In the City of San Luis Obispo, es sold streets exist and as
said Marsh Street has been widened; thence Northwesterly along
the Westerly IIna of Broad Street 80 feet more or less to the
Southeasterly corner of the Lot conveyed to Manuel Faust Ioo
Picano by deed recorded In Book•95, Page 69 of Deeds; thr.ce
at right angles Southwesterly along the Southerly line of ".a
aforesaid lot of Manuel Faustino Picano, 145 feet to the Wssterly
line of said Lot 15; thence at right angles Southeasterly along
the Westerly line of Lots 15 and 16, BO feet more or tens to
the Northerly IIna of Marsh Streets thence Northeasterly along
said Northerly line of Marsh Street 145 feet to the point of
beg Inn Ing.
vot 2977FAGE 187
EXIIIBIT "B-1"
DESCRIPTION
OF AREA OF KNOWN AND LEGALLY ABANDONED
1NPLACE UNDERGROUND TANKS.
That portion of Lots 15 and 16 In Block 7 of the Murray end
Church Addition to the City of Son Lul" Obispo, In Lhe City
of San Lulm Obispo, County of San Luis Obispo, State of
Cal.11otnle, according to the map recorded In Book A of Mop"
at pnye 145 in the County Recorders Office of said County,
described an follows.
Commencing mt the southerly corner of the land described In
the deed recorded in Book 2425 of Official Recordi, at pegs
315 In said Recorders Office, se shown on the map recorded
In Book SO of Licensed Surveyn, at page 93 In said Recorders
Offlc": thence along they southrsAtarly line of meld lend.
North 330 06. 43" East 39.4 feat; thoncn North 360 51' 17"
Weal 10.0 feet to the True Point of Beginning; thence thm
following courses:
North 360 51. 17" Wont 50.0 fmotj
North 530 OB' 43" EemL 75.0 finet;
SouLlt 360 51' 17" Eent 50.0 feet;
Soulle 530 0e' 43" Wont 75.0 fool to Llie True Point of Beginning.
The lanits In the above area contained petroleum dlstallales and have been
filled with a slurry mix In place.
"L 2.977PAQ 188
DESCRIPTION SKETCH
OF A PO/j TION OF LO TS 15 8 16 IN BLOCK 7 OF THE
MURRAY ANO ciJURCH ADDITION TO THE CIiY OF
SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO,
STATE OF CALIFORNIA.
IN
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BROAD S T. VOL 2977PA« 189
I END OF DOCUMENT
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March 7, 1986
Mr. R.K. Miller
Underground Tank Inspector
Fire Department
City of San Luis Obispo
748 Pismo Street
San Luis Obispo, Ca. 93401
Re: 692 Marsh Street/Wayne's Tire, Inc. Building
Dear Mr. Miller:
It has come to my-•-attemtion that there has been a question
raised by your office regarding the filling of the under-
ground tanks on the old Wayne's Tire property.
I as writing this letter in order to dispell any questions
your department may have.
I can tell you, as I was present, that the gasoline tanks
were filled in or about the year 1970, but the oil storage
tank located at the Southwest corner of the parking lot was
not filled. The Fire Chief of the San Luis Obispo City
Fire Department at' -that time was present when the Gasiline
tanks were filled and was satisfied with the work done and
that it was in compliance with the City Requirements at
that time.
Sincerely yours,
Robert L. Miller
iFIRE DEPARTMENT PLAN REVIEW
ARC
FIRE DEPARTMENT M %�DATE-4—
7 &
ADDRESS:
,Z �/�/cJE % COMMON
NAME:ECG-/il�c-�
01414ER :
NEW ADDITIONAL REMODEL__L/ PLAIIS__ZSPECS.
TYPE ,- FLOOR HEIGHT �O " REVIEWED
CONSTR.AREA 4v16 STORIES / BY: Fow : r
ADDRESS:
USE OCC.
ZONE C C_-GROUP J6'Z
FIRE FLOW
REQUIRED ok AVAILABLE
o/c
OCC.
LOAD 33 PAGE
Lou
ITEM
SHEET u
AUTHORITY
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FDP/262
GT: Revised 2-86
SIGNS
FIRE LANES AND ACCESS ROADS ON
PRIVATE PROPERTY, COMMERCIAL AND INDUSTRIAL
NO
PARKING
VEHICLES IN RED NO
PARKING ZONES SHALL
BE TOWED AWAY AT
OWNER'S EXPENSE
SECTION 15.08 110 M.C.
FIRE DEPARTMENT
i PHONE 549-7380
NOTICE
ALL ROADS ARE
FIRE LANES
VEHICLES IN RED NO PARKING
ZONES SHALL BE TOWED AWAY
SECTION 15.08.110 M.C.
FIRE DEPARTMENT
PHONE 549-7380
FIGURE 2.1
- 17F -
FIRE LANE SIGN - "A"
12" X 18"
Red on White
Not Reflectorized
.063 Gauge
ENTRANCE SIGN - "B"
18" X 24"
Red on White
Not Reflectorized
1 .080 Gauge
NOTE: All information
on signs must appear
i as shown.
FIRE DEPARTMENT PLAN REVIEW
ARC
ADDRESS
OWNER:
FIRE DEPARTMENT r
2/—DATE
f!/O/i/
Z2 �1 6
/!4`% 112� -S If,`EI
COMMON
NAME:
/ (I/)1re�oe- Acmojl%
NEW ADDITIONAL REMODELPLANS_ZSPECS.
ADDRESS:
USE OCC. TYPE !y FLOOR HEIGHT 20 6 REVIEWED.
ZOt�E _GROUP "� CONSTR.:L RN STORIES - BY: 'C pIrl,
r!RE FLOW
REQUIRED
AVAILABLE
OCC.
LOAD /.3 3 PAGE
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I DESCRIPTION
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692 MARSH STREET - DEMOLITION PLAN RESPONSE LIST
1. State Encroachment Permit: have submitted application to CalTrans
and are awaiting permit.
2. Curb,Gutter and Sidewalk Permit: fee included.
3. Two street trees provided, refer to plan - reference note 21.
4. Other: Refer to general note 10.
ATTACHED
1. Noted.
2. Added - refer to plans and reference note 20.
3. Refer to general note 10.
4. Have submitted application and are awaiting permit.
5. Corrected.
6. Corrected.
7. Noted - will cover on improvement plans and new landscape plans.
FIRE REVIEW
1. Owner has been notified of requirements and shall provide
necessary documentation.
2041 Business Center Drive, Suite ' ' 0, Irvine, CA 92715 (714) 476-8536
Fred C. Hart Associates,lnc,
WT
March 24, 1987
Mr. Randy Miller
Underground Tank Inspector
City Fire Department
748 Pismo Street
San Luis Obispo, CA 93401
Dear Mr. Miller:
Please send our company a copy of your underground
tank regulations. Our address is listed below, and I
thank you in advance for your prompt response to this
request.
MPD/wpc
Mr. Michael P. Donovan
Hart Environmental Management Corp.
2041 Business Center Drive, Suite 110
Irvine, CA 92715
Sincerely,
HART ENVIRONMENTAL MANAGEMENT CORP.
Michael P. Donovan
Manager, Geosciences
MEMORANDUM
MEMORANDUM Ulty of sAn hAis oBispo
MEMORANDUM FIRE DEPARTMENT
MEMORANDUM 748 Pismo Street . San Luis Obispo, California 93401 . 805/543-6046
TO: Chief Truppelli, B/C Schmutz
FROM: Inspector Rutledge
DATE: July 30, 1985
RE: Underground tank information at Marsh and Broad Streets; prior
Wayne's Tire
During an on -site meeting attended by the City Attorney rep,
City Engineer rep, Fire Department rep, purchasing agent and his
'drilling' rep, and a past employee at this location, the following
information was obtained:
Information Source: Bob Miller, past employee, present at time of
tank filling (sometime prior to 1972)
History (limited):
1. Site of "Green Line" bus service... probably 1920's to 30's
2. Restuarant located in Marsh St. end of current building
3. Tanks first used as Shell Oil bulk distribution site (varied
products)
4. All tanks later used for gasoline storage
5. Tanks filled reportedly having City approval prior to 1972
Tank Information: (see attached sketch)
Tanks #1-7: 550 to 750 gal. capacity each; filled with an
unknown mixture ratio of concrete/sand slurry and/or
drilling mud untill visible from vent pipes
Tank # 8: 10,000 gal, capacity; slurry filled
Tank # 9: 10,000 gal. capacity; filled with drilling mud
Tank # 10: 12,500 gal. capacity; railroad tank car; possibly
used for waste oil storage; filled with drilling
mud; located partially under front of existing
building
Tank # 11: 500 gal. capacity; may not even exist; location of
waste oil dump site
/
MEMORANDUM
MEMORANDUM %Acy of san ais oBis o
MEMORANDUM FIRE DEPARTMENT
MEMORANDUM 748 Pismo Street - San Luis Obispo, California 93401 - 805/543-6046
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OFFICE OF THE CITY ATTORNEY
e . ft �sar�ah�a ii�� 990 PALM STREET • Post Office Box 49.2-1 • San Luis Obispo, CA 93498-8e;�1-805/549-7140
P.O. Box 8100
San Luis Obispo, CA 93403-8100
July 30, 1985
Mr. Rob Rossi
Rossi Group
414 Higuera Street
San Luis Obispo, CA 93401
Re: 692 Marsh Street, San Luis Obispo, California (former Wayne's
Tires)
Dear Mr. Rossi:
I am in receipt of your letter dated July 29, 1985. I assume that this
letter merely clarifies your previous exercise of the Option to
Repurchase Real Property by letter dated July 18, 1985. I further
assume that your previous agreement to indemnify the City from any
damages, claims or expenses arising out of any acts of yourself or Mr.
Rossetti., your employees, agents and/or contractors with regard to
investigation and testing of certain underground tanks on the above
described property is still in full force and ettect. We will require
that you provide the City with a written indemnification and hold
harmless statement prior to any actual testing, should you choose to do
so prior to close of escrow.
This letter also confirms the conference on Friday, July 26, 1985,
between ourselves and Messrs. Metchik, Lanspery and Grote. As of the
time the City purchased the property, and as of the time the Option to
Repurchase Real Property was granted, the City had no knowledge of the
underground tanks. You represented that neither you nor Mr. Rossetti
had any knowledge of the tanks either at those times. We have both
subsequently spoken with Mr. Wayne Hesselbarth, and been advised that
there are in fact at least nine underground tanks. Although Mr.
Hesselbarth says that these tanks were filled in accordance with
applicable law at the time, we can neither independently confirm nor
deny this at this time.
f
Mr. Rob Rossi
July 30, 1985
Page 2
Based on the foregoing, the City makes no representations or warranties
as to the condition of the property or any underground tanks, and the
sale of the property is in an "as is" condition. The purchase price of
$366,000 represents a reduction of $24,000 from the otherwise fair
market value, for the estimated cost of removal of the tanks. Please
advise as to whether the deed should be to yourself individually or to
yourself and Mr. Rossetti. Finally, the Finance Department will mail
notice of termination of the existing parking leases on August 1, to be
effective August 31, 1985. The lease arrangement is an informal one,
with rent charged by the month, but paid quarterly. We will refund the
last month's rent with the termination notice.
Thank you for your courtesy and cooperation in this matter.
Very truly yours,
Anne ✓M.r Russell
Assistant City Attorney
AMR:ajr
c: Mr. John Rossetti
Paul G. Metchik, Esquire
Paul Lanspery
R1��S Pa,.,tperipat� Titlb1 Company
San Luis Obispo _ _CALIFORNIA • TELEPHONE 543-8900
ESCROW INSTRUCTIONS
BUYER
ESCROW SUMMARY
PAID OUTSIDE ESCROW S
CASH THROUGH ESCROW 366 000.00
ENCUMBRANCE OF RECORD
ENCUMBRANCE OF RECORD
Order Number SLO-837346-bim PURCHASE MONEY ENCUMB. - - - - _
Date August 13, 1985 TOTAL CONSIDERATION S 366.000.00
To FIRST AMPRICAN TITLE
I hereby agree to purchase the hereinafter described property for a total consideration of $ 366 , 000. 00
and will on or before September 13, 1985 hand you said consideration which Is payable as follows:
Prior to close of escrow buyer will hantl you funds of $366,000.00 to cover total
consideration of $366,000.00
I will deliver to you any additional funds and execute any Instruments which are necessary to comply with the
terms hereof, all of which you may use when you hold for me a deed executed by
CITY OF SAN LUIS OBISPO, A CHARTERED MUNICIPAL CORPORATION
and when you can issue your standard coverage form policy of tide insurance with liability of $ 366 , 000. 00
on the following described property situated in the City or San Luis Obispo
County of San Luis Obispo , Slate of California,
as more particularly described in attached Exhibit "A" consisting of one page
and made a part hereof
showing title vented In JOHN ROSETTI AND ROBIN ROSSI. Purchaser reserves the right to designate
another entity In whom title is to vest. Buyer is to advise escrow in writing as to
vesting. Seller's execution to designated vestee shall be deemed full approval of
vesting and no further approval is required
free, of rneumbrances except:
1, All General and special taxes for fiscal year 19 85. 19 86
2, Assessments and/or Bonds
3. Covenants, conditions, restrictions, rights of way, easements and reservations of record, if any.
Regardless of any printed matter to the contrary, buyer is to pay all costs
( title & escrow, recording and documentary transfer tax etc.) IN CONNECTION KITH
THIS TRANSACTION.
1 Q:41
ESCROW INSTRUCTIONS — t•tige 2 Order Number SLO-037346-bin
prorale and/or adjust the funusving as of close of escrow
I. Taxes bused on the amount of Illc last lax sldlcnldnl or the Tax Collector issued ju Or to the close of escww. (If the
amount of the new lax bill issued by the Tax Collector after close of escrow is more of less Illan (he amount used fur
proration purposes, the difTeaence, irally, will be adjusled by the parties herein outside of escruw.) yes
2. Insurance (including PI IA mortgage insur:ulce, if ;my)- no- un4Fq)&-c rt-property h�
3. Interest un all encumbrances, except un any ianplove Mill assessments or bonds. no
d Rental per tell[ statement handed you. no -
S. "Charge (be buyer and credit the seller IBC :uuuunL of any funds held in an inlpounrl acCmunl, it any, in connection
with an existing loan." no
You are lu hold for me -O- shares of water stock of the
Company.
I hcicby agree lu pay ;Iny ch;rrgcs including usual buvers escrow rce and any adv;ulccs and cxpcnscs That are pruprlly chirecable
to me reg;udless of the consummation or this escrow. At flit dose urescruw you are lu mail all dOC'LIMICHIS, CIC_ to the
personscnlided Iherciu.
GENERAL PROVISIONS
All disbursements shall be made by row check. All funds Icceived in this escrow shall be deposited in one or more of your gen-
eral escrow accounts will any bank doing business in the Slane of CLdifurniu and may be Transferred I any other general escrow
account or accounts. The expression "close of escrow nx•ans the date un which inset nenls referred to herein are filed for
record. All adjustments are to be made un the hasis oral 30-day month, Recordation orally instruments delivered through (his
escrow, if necessary or proper in the issuance Ora puhcy of title insurance called for, is hereby aulhowed. Execute on behalf ul
I
ue parties hereto, form assignments of interest in any insurance policies (miller than title insurance) called fur heicin and
forward Ihent upon close Ofescrow, to the agent with the IcqucsL, I'll st, that Insurer Consent to SLICK transfer or attach loss-paable
clause or make such other additions or cunecliuus as map have been specillydly required herein, and second, that the agent
Ihcrearter Ibrward suds policies lu the pal ties call it led hl Ihenl. In all aC1S Is IIIISCSCl`OW relating 10 file IIISLInHICC, Including ad-
jusnnenls, if any, you shall be fully romiccted in assuming that each such policy is in force and that the necessary prennoin
therefor has been paid.
You are to furnish a copy of Ihese instuckons, amendments thcleto, closing statements and,/or any other docunlenls deposited
in This escrow to the lender or lenders, the Ical estate broker or brokers and/or the attorney Or alLurncys involved in this lrnns•
action upon request of such lenders, brokers of attorneys.
Should you before or after close of escrow receive m become aware of any cmnllicting demands or claims with respect lu this
escrow or the rights of any of the parties hereto, or any money or property deposited herein or affected hereby, you Shall halve
Illc light to discontinue any or all rurthcl acls on )our part until such conflict is rc Solved Io your Satisfaclion, and sou shall
have the funher right to commence or derend ally 301on uI ptocecrlings rot [lie determination ul such conflict. The parses here-
to joinlly and severally agree to pay all costs, damages, judgnents and expenses, including reasonable arlurncys' lees, sul'fcrcd
or incurred by you in connection with, of arising out of this escrow, including, but without broiling the gcnclality of the fore-
going, a suit in int0plcadci brought by you• In the event you rile a suil in interplcur, cr, you shall ipsu facto be fully Ielcased ;wd
dll:charged from all obligalioni; imputed Upon you in this cccrow.
If for any reason runds are retained or remain in escrow, you are to deduct therefrom a reasonable monthly charge as cus(odiau
Lhereof of not less Ilan S10.00 per month.
Time is declared to be (he essence of these instructions. If you are unable to comply within the lime specified herein and such
't additional time as is required to make air exam aiim of the official records, you will return all dUCUt11Cn1S, muney or properly
lothe party entitled thereto upon sa(istactor) written demand nod a ithoriznliun. Any amendment of and/ur supplement to any
instructions must be in writing. The seller agrees to sell and the buyer agrees to buy the property herein described upon the
terms hereof.
These escrow instructions, and amendments herclu, may be executed in one or more counterparts, each of which independenlly
shall have the same effect as if it wcI•c the original, and all of which taken together shall constitute one and the same insti-Llcliun.
Name �hn oBe f i —Address Phunc
Name —
Robin Rossi
SELLER
1 approve of ate Itrreguing ok%liutt vim and apes• to >~il hard will deliver Its visit papers Ixlt IIIIIN'nt3 Jlxl%tN4tlds lerpoled In,ru
nr within the limn limit rawer ted berrut, which year are aodmriecd to deliver when you ran Issue your prrltcp of rile nrNumtce
as rot forth robotic. I agree to pay any peril pruperty tuxes pwpcily chargeable to me. You ate atsbucted to law the nruney
and rrcuid the instnrmcnts to comply with wed tnarul'llians and it; pav all encumbrances ul tccord nrci: tQry wilhuul farther at,
puwal brchlJing ptrpayuxm ltcn:cities to Jnlac Idly as Irrrcitt provided. I allow to -pay -your usirat-setlet:eicntw-fee.-drawme'ol
JgWuwrss-acid-mrehtiubrr-cbargu. whnh air-rdwnxed fur my-occolit leinudicis of the arnaummntnul td lbut ew-ks,: - I also
aµtelt-lu•p:Iy_thc lxdly_.1 .title uuuurnur-prmusum.aml lecurdiug fees which jur twoperh dtmeeable io ate and documerinvy
itronsfrr-tux in the amount of S- 402,60 whioh-you not insitucied to enter oil thcdecd and affix yoorsignoture thettio. if
rrytuscd In-too-avrul taus amount irirteorrcot,•yutLpre authorized and Instructed to enter the correct amount on the dad and
deduct-the-addhtotwl.cwt.tlurrl'ur Gwn foods awriouN•lu my ncauunt._ In the ns'wnt an-iurOIICCI Iholul-rs ruterrd un the
decdand-aid tined is treoided. 1 hereby Ixtld you Itunnlots and All w reimburse ytxr lot iI loss vuu ma, sustmu by said
atuutm t�aci n g-iucrl Ere e t.---
AI the close or this Uunsncliuu vuu;lie nutholir.ed lu p;ry C0111111ISSI0I1 in the amount ol'S
NONE
to:
Broker's License No.
CITY OE SAN LU1S OUISPO A CHARTERED MUNICIPAL CORPORATION
Name CI
_.._.TY .I. PhonC
Name. ,BY-_ --. . ._-.. _ BY:_
AI the cloac Of cxnne ) ou ;roc Ill mml \ own check :Ind aIn dIIeOlOCIIIS Ito winch I all cnlitlad to Ibc abuse :uldlrss-
lgM
EXHIBIT A
Lot 16 and that portion of Lot 15 in Block 7 of Murray and Church's
Addition to the City of San Luis Obispo, in the City of San Luis
Obispo, in the County of San Luis Obispo, State of California, according
to map filed for record September 27, 1877 in Book A, Page 144 of Maps,
described as follows:
Beginning at the Northwesterly corner of Broad and Marsh Shreets, in
the City of San Luis Obispo, as said streets exist and as said Marsh
Street has been widened; thence Northwesterly along the Westerly line
of Broad Street 80 feet more or less, to the Southeasterly corner of
the Lot conveyed to Manuel Faustino Picano by deed recorded in Book 95,
Page 69 of Deeds; thence at right angles Southwesterly along the
Southerly line of the aforesaid Lot of Manuel Faustino Picano 145 feet
to the Westerly line of said Lot 15; thence at right angles Southeasterly
along the Westerly line of Lots 15 and 16, 80 feet more or less to the
Northerly line of Marsh Street; thence Northeasterly along said Northerly
line of Marsh Street 145 feet to the point of beginning.
Calendar
-
FILE:,, 4VA�._f
V
1
165�2 1 7—
Copies to:
ATTORNEY:
DATE:
ElTELEPHONE
CONFERENCE WITH
NOTES:
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URESEARCH
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city osAn IUIS OBISI)o
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990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403-8100
August 28, 1985
MFMnQ A MTITTM
TO: Anne Russell, Assistant City Attorney
P--
FROM: erald W. Kenny, Supervising Civil Engineer
r.
SUBJECT: Sale of the Wayne's Tire Property - Marsh and Broad Streets
This memo is in response to our conversation regarding reservation for
street widening in accordance with the adopted setback line map for Broad
Street, or at least notification to the buyer of the requirement in
conjunction with any building permits on the property.
I discussed this with Rob Rossi in a prior meeting regarding a proposed
project on the site. Any street dedication should be to the public
(rather than specifically to the City) because Broad Street is a State
Highway #f277. The Department of Transportation has requested dedication
to the state in situations like this.
Mr. Rossi requested approval to construct a kiosk in the setback area with
an agreement to remove same when and if the street ever were widened (see
attached Agreement Affecting Real Property).
After talking to Wayne Peterson regarding this project it is a possibility
the city would proceed with a contract to widen Broad Street to conform to
the setback line map for improved circulation at the intersection. The
developer would be required to construct his new driveway ramp at the new
location with the city providing all other work involved with the
widening.
I have attached a sample of our standard Irrevocable and Perpetual Offer
to Dedicate form for your information. This form could be used, which
would presumably cover the state's concern for dedication to them, since
the offer is to the public agency.
C: Art Hird �/j �- kb / <
Wayne Peterson
Attachment
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MEMORANDDUM
MEMORANDUM c
i Of SAn tUIS OBISPO
MEMORANDUM FIRE DEPARTMENT
MEMORANDUM 748 Pismo Street . San Luis Obispo, California 93401 . 805/543-6046
TO: George Truppelli, Fire Marshal
FROM: R. K. Miller, Underground Tank Inspector
SUBJECT: Meeting Between Rob Rossi, Fire Marshal and R. K. Miller
Re: 692 Marsh Street
DATE: 25 February 1986
At 0900 on February 24, 1986 Mr. Rossi met with this department regarding
his property on 692 Marsh Street, San Luis Obispo.
Discussion regarding Fire Department representation on 30 July 1985 was
clarified during our meeting (refer to letter from Bob Rutledge, 2-21-86).
Outcome resulted as to compliance letter dated 2-21-86;is still in force.
Both aerial and vertical locations are to be complied with and documented
on a deed (Section 2672-c), Health & Safety Code and Underground Tank
Regulations.
A certified or legally -binding letter will be displayed presenting proof
of "tank closure in -place" by a witnessing, responsible party.
Should the letter not be presented confirming that the "11" tanks were
properly closed, additional requirements/compliance will take effect.
RKM:cb
cc: Roger Picquet, City Attorney
MEMORANDUM
MEMORANDUM u o SmIUIS OBISPO
MEMORANDUM FIRE DEPARTMENT
MEMORANDUM 748 Pismo Street . San Luis Obispo, California 93401 . 805/543-6046
TO: George Truppelli, Fire Marshal
FROM: Bob Rutledge, Inspector
-?P-
SUBJECT: 692 Marsh Street
DATE: 21 February 1986
Pursuant to request of Tank Inspector Miller, February 21, 1986, the following
information describes my participation in a joint meeting at 692 Marsh Street
July 30, 1985.
On the above date this Inspector was assigned to an on -site underground tank
meeting for the purpose of gathering whatever information was available re-
garding current tank status, and reporting those findings to the appropriate
supervisors.
As stated in a letter to (then) Chief Truppelli, dated July 30, 1985 (see
file for 692 Marsh), the mentioned individuals discussed a brief history of
the property usage. This discussion eventually revealed approximate number,
size, and location; probable usage and possible filling material therein of
the underground storage tanks in question as recollected by Bob Miller.
At the close of this meeting, I informed those present of pending legislation
regarding possible monitoring and/or removal of underground tanks within the
City, and that I had no information of details whatsoever. At no time did this
Inspector make waiver, suggestion or advisement regarding the on -site tanks;
only that as a courier, the acquired information would be reported to the Fire
Prevention Bureau as assigned.
MEMORANDUM
MEMORANDUM ty of sAn tuis oBispo
MEMORANDUM FIRE DEPARTMENT
MEMORANDUM 748 Pismo Street . San Luis Obispo, California 93401 . 805/543-6046
(0 := 7y
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MEM0kAN"`i►�1�d � o
MEMORA DUM ISC uAis oBispo
MEMORANDUM FIRE DEPARTMENT
MEMORANDUM 748 Pismo Street . San Luis Obispo, California 93401 . 8051543-6046
TO: George Truppelli, Fire Marshal
FROM: R. K. Miller, Underground Tank Inspector
SUBJECT: 692 Marsh Street
DATE: 21 February 1986
This is an update regarding telephone conversation with Anne Russell,
Assistant City Attorney and Rob Rossi.
Approximately 4:30 p.m., February 20, 1986, Anne Russell called concerning
letter sent to Rob Rossi. She was under the impression that (we) Fire
Department was requiring a soil analysis regarding condition of property.
My response was that, although soil analysis was indeed a step in the right
direction, a decision both by myself and the Fire Marshal indicated compliance
to Section 2672(c) took precedence over soil sampling. My concern over
the tanks' integrity regarding settlement of slurry compound inside tank(s)
creating a void inside the tank, was expressed, again.
NOTE: It is important to recognize the following:
1) Public Safety - Are the tanks, all the tanks, indeed, filled and safe?
2) Location - Where are the tanks? Only an "as built" drawing has been
supplied.
3) Condition of tanks - Are they leaking? If so, they are to be removed
(required by law).
4) Tanks updated to new law requirements - Are they registered on deed?
a) This identifies tanks as to exact location.
b) Insures that they were abandoned according to Fire Department
requirements.
Regarding Mr. Rossi's phone call at 4:45 p.m. same day; his concern was two -fold:
1) Why was the Fire Department requiring location and verification of
tanks now?
2) A Fire Department rep was on hand (Bob Rutledge) along with various
City reps (see file notes) not stipulating to him any of my require-
ments (see letter dated 2-16-86).
OUTCOME: 1) Meeting will take place 2-24-86 at,9:00 a.m. with Mr. Rossi, the
Fire Marshal and myself regarding this matter.
2) Fire Chief has been advised as to this matter.
3) Bob Rutledge will supply letter for file regarding his position
in this matter.
4) City Attorney notified as to this meeting (called 0800, 2-21-86
and left message to reply.)
RKM•rh
� r
City osAn luis oBispo
{ FIRE DEPARTMENT
748 Pismo Street • San Luis Obispo, CA 93401 • 805/549-7380
February 18, 1986
Rob Rossi
c/o R.K.O.
414 Higuera Street
San Luis Obispo, CA 93401
Re: 692 Marsh Street - Wayne's Tires
Dear Mr. Rossi:
We would like to inform you of the new requirements regarding your
underground storage tanks. According to my records, your property at
692 Marsh Street shows eleven (11) tanks currently in the ground. A letter
from Dennis Cox, City Drainage & Project Coordinator, dated June 12, 1985,
indicates the tanks were filled with a slurry mix in -place. Aside from this
letter, I have no other certified proof of these tanks being properly closed
in -place.
Section 2672, Section C, of the California Underground Storage Tank
Regulations describes the requirements of closure of underground tanks in -
place. These provisions are applicable of Chapter 6.5, Division 20 of the
Health & Safety Code.
It would seem that you are in compliance with Article C, Section 1-3.
However, Section 4 requires "A notice shall be placed in the deed to the
property. This notice shall describe the exact vertical and aerial location
of the closed underground storage tank, the hazardous substances it contained,
and the closure method."
This is necessary in order to properly document your tanks with this
department.
Should you have any questions, feel free to call me at 549-7380. Thank
you.
Very truly yours,
R. K. Miller
Underground Tank Inspector
RKM:cb
cc: George Truppelli, Fire Marshal
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S E 2 1986
MKORMICK DEMOLITION
316 West Street Phone 805-922-4613
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percent. Customer agrees to pay all costs of collections, including attorneys fees.
MEMORANDUM
TO: Bill Roalman, Councilman
VIA: John Dunn, City Administrator
FROM: Michael Dolder, Fire Chief
DATE: September 28, 1990
SUBJECT: Historical Update on 692 Marsh Street Underground Tanks
This is written as a follow up to our verbal discussion regarding abandoned underground tanks
located at 692 Marsh Street (corner of Broad and Marsh). The site in question currently houses the
7/11 store and Muffins and More. The history of the site is as follows:
1. Between 1920 and 1930 the site was occupied by the Green Line bus service.
2. The underground tanks on the site were first used as part of a Shell Oil bulk
distribution facility.
3. All underground tanks were later used for gasoline storage. According to prior
property owners, the underground tanks were filled in 1970 and reportedly had City
approval. The Fire Department has no record of the 1970 tank abandonment.
4. The site's building also housed a restaurant and was located on the Marsh Street side.
5. Wayne's Tires occupied the site until it was relocated to South Higuera Street.
6. Developers, Rossi and Rossetti, purchased the site in 1981 and were processing
development plans when the City expressed interest in purchasing the site for a parking
structure.
7. The City acquired the property in August, 1982 which included a buy-back agreement
with John Rossetti, the owner of the site. At this time underground tanks were not
regulated and were not discussed as part of the sales agreement nor was the property
value discounted because of the tanks.
However, in 1983 the City adopted Ordinance 999 (1983 Series) in response to state law
and began regulating the underground storage of hazardous substances. This ordinance
and state law requires all property owners to register underground tanks with the local
enforcement agency i.e. the City Fire Department. Tank owners are also required to
perform leak tests.
From August, 1982 through 1983 the City leased the property back to Wayne's Tires
until Wayne's Tires relocated to South Higuera Street.
9. Some time in 1983 or early 1984 the site was converted to a surface parking lot after
Wayne's Tires vacated the site.
10. In January, 1985, the City began negotiations to purchase additional properties (668,
664 and 638-640 Marsh Street) for the development of a downtown parking structure.
11. In May 1985 the Fire Department was informed that the 692 Marsh Street site may have
underground flammable liquid tanks. An employee from Wayne Tires indicated that
the tanks were filled with concrete and abandoned. Since the city owned the site an
inter office memo dated 5/23/85 was sent to the Public Works Director asking him to
determine if the tanks existed and if so to describe their status.
12. On June 12, 1985 the Public Works Department responded via a memo that the
underground tanks located on the site were filled with a slurry mix and abandoned in
place approximately 15 years ago.
13. On June 18, 1985 the City Council passed a Resolution determining that 692 Marsh
Street was unnecessary for public parking purposes. Notice was also issued to John
Rossetti to exercise his buy-back option within 20 days.
14. On July 1, 1985 the Fire Department issued a follow-up mcmorandum identifying at
least one unfilled tank and unidentified piping and ordered the tank to be removed.
15. On July 3, 1985 the City had the property appraised by Schenberger et. al.
16. A July 30, 1985 file memo indicates that an on site meeting was held and which
included representatives from the City Attorney's Office, Cite Engineer's office, the
Fire Department purchasing representative (I assume for Rossetti) and his drilling
representative and a past employee who had worked at this location. Eleven tanks were
identified and discussed as follows:
• Tanks #1 through #7 range in size from 550 to 750 gallons and are filled
with an unknown mixture of concrete and sand.
• Tank #8 is a 10,000 gallon tank which is slurry filled.
• Tank #9 is a 10,000 gallon tank which is filled with drilling mud.
• Tank #10 is a 12,500 gallon railroad tank car which is filled with drilling
mud and is partially located under the front of the existing building
• Tank #I I is a 500 gallon tank that has not been verified and may be the
location of a waste oil dump area.
17. On September 5, 1985, Rossetti repurchased the site from the City for $366,000. The
price was discounted by $24,000 because of the known presence of underground tanks.
18, On February 18, 1986, the Fire Department notifies Rob Rossi that eleven tanks do not
have certified proof of being properly closed. Rossi was also notified that he was
required to describe exact lateral and vertical tank locations, the substances they
contained and the closure methods.
19. On February 21, 1986 an update memorandum to the Fire Marshal from the
Undeground Tank Inspector lists concerns (Attachment #1) regarding the tanks. [State
law requires soil sampling which was not indicated in this memorandum or anywhere
else in the file.]
20. February 21, 1986 follow-up memorandum from Fire Department Inspector recapped
the July 30, 1985 site visit and indicates that at no time were any waivers, suggestions
or advisements made regarding the tanks. '['he Inspector was a courier for the
information to be brought back to the Fire Department.
21. February 25, 1986 follow-up memorandum to Fire Marshal from Underground Tank
Inspector with copy to City Attorney recapping a meeting with Rob Rossi.
Memorandum #20 was discussed with Rossi. Rossi was informed that memorandum #18
was still in force.
2
22. March 11, 1986 letter from Rob Rossi includes and discusses the March 7, 1986 letter
from Robert L. Miller (no address, phone number or site affiliation) indicating that
Miller was a witness to the 1970 abandonment of all gasoline tanks excluding the waste
oil tank. Rossi also agrees to remove the waste oil tank and to conduct borings at the
corners of the "envelope".
23. July 21, 1986 a Fire Department permit was issued for the waste oil tank removal.
24. March 13, 1986 Underground Tank Inspector's note to file indicates that compliance is
adequate as "letter" is complied with and verified with former Fire Chief Lee
Schlobolm that tank filling took place as stipulated in March 7th letter from Miller.
25. Grant deed includes description of ten underground tanks "legally" abandoned in 1970
(Attachment #2).
26. A March 25, 1987 letter from the attorney representing a Ms. Gordon requests
documentation that on -site tanks are properly filled.
27, April 14, 1987 letter from City Hazardous Materials Inspector to Gordon's attorney
indicates that tanks were abandoned in place according to applicable codes of 1970.
Recommendation is made to complete a soil analysis of site to protect against
contamination claim. (File does not include any record that recommendation was
followed.)
The Fire Department leas changed its procedures and requirements for underground tanks.
Currently, the Fire Department requires that all unused or abandoned underground tanks be
removed regardless of prior authorization to abandon in place.
A recent example of this new procedure is the Firestone property at Higuera and Osos Streets.
Although underground tanks were previously abandoned in place, the Fire Department required
all tanks to be removed. The site is now free of all underground tanks and soil contamination.
Future property owners will not be faced with the same situation as currently exists at the 7/11
site, i.e. abandoned tanks which are noted on the deed.
If you have any questions, please call me at Extension 380.