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HomeMy WebLinkAbout04/15/1997, C-7 - SALE OF SURPLUS PROPERTY council y°;s_ j acEnaa nEpoat ®N�. -� CITY OF SAN LUIS OBISPO FROM: Mike McCluskey, Director of Public Works M Prepared By: Keith Opalewski, Parking Manager 1� SUBJECT: Sale of Surplus Property CAO RECONEMMgDATION By motion, award sale of surplus property at 860 Pacific Street for removal to another site, to Keith Slocum at the sale price of one dollar and authorize payment of $16,950 for relocation costs. DISCUSSION The building located at 860 Pacific was declared surplus property by the City Council through Resolution No. 8592 (1996 Series) which granted authority for the building to be disposed by public auction, bid or other method as determined by the Director of Finance to be in the best interest of the City. To this end, the building was advertised for public sale to the highest bidder who met the established bid specifications. The bid period was for 90 days in order to meet the requirements of the demolition permit, which was initiated shortly after the declaration of surplus property. This action was implemented in the event the building could not be sold and ultimately had to be demolished. A number of bidders expressed interest in acquiring the building and relocating it. However, on the due date for the bids, we received no formal bids for the building. A follow-up with several key bidders as to why they did not submit a formal bid revealed that cost was the number one factor for not bidding on the house. Due to its size and configuration (building has been added onto over the years), the house would have to moved in at least two pieces, and as many as four pieces in order to make the project feasible. This is very costly and difficult to do. As such, potential bidders found it difficult to financially commit to this project unless there was some form of assistance from the City. Key bidders felt that if the City could financially assist the project, either through direct monetary payment and/or reduction/waiver of required fees, they would be more interested in relocating the building to preserve its historical charm. Since the building is earmarked to be demolished as part of the parking lot site preparation, and ultimate expansion of the Marsh Street garage, the idea of allocating demolition moneys toward the preservation and relocation of the house is mutually advantageous. Preliminary discussion with Finance resulted in the approach to solicit purchase proposals from a few key bidders to determine what they would need from the City in order to make the project realistic. Staff felt it was worth the effort to try and save the house through the use of demolition moneys which could be a win-win situation for the City, Parking Program, and the C14 Council Agenda Report - Sale of Surplus Property Page 2 community-at-large, because we could preserve a part of local history, and avoid legitimate public concern that would come from destroying the house. Therefore, staff solicited purchase proposals from several potential bidders to see if this approach would entice more interest in the house relocation project. The proposal process resulted in only one bid, but from one of the two primary players in the house relocation project. The bid of $16,950 falls within the site preparation budget and is a workable solution to moving the building rather than demolishing it. In light of the sensitivity of this project, staff recommends awarding the building to Mr. Slocum and allocating the necessary funds for relocation to complete this project. FISCAL]IMPACT The parking lot project has a budget of$41,000 for lot preparation and construction. $20,000 of the budget is earmarked for site preparation, which includes building demolition and foundation removal. . By approving the award as recommended, we could save thousands in demolition costs because there is a strong possibility asbestos may be present in the house. If so, the budget for demolition could easily exceed $25,000 or more, depending upon the level of asbestos removal. Therefore, if we sell to the sole bidder we can save money on the project and get the house moved, which is of benefit to both parties. CONCLUSION It has been the City's effort for some months now, since the last Council consideration of this property, to offer this house for relocation in order to preserve it and encourage its reuse. Because of the complex nature of moving this building, as its original structure has been added to several times, no bids for relocating were secured. However, we now have a valid bid for removal and relocation which will have the City using some of its previously budgeted demolition funds for relocation. This will result in a beneficial reuse of the house and the use of the property for the purpose intended when it was purchased. Attachments Resolution No. 8592 Purchase Proposal Lot Budget Detail Proposed Agreement C-7-02- RESOLUTION NO. 8592(1996 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO DECLARING A BUILDING AS SURPLUS PROPERTY WHEREAS, the City has acquired the property at 860 Pacific Street for expansion of downtown parking, and; WHEREAS, the Cultural Heritage Committee has considered the merits of the building and found the house does not meet the criteria for historically significant buildings, and; WHEREAS, the Community Development Department has reviewed the proposed removal of the building and has determined there would be no significant environmental impact. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Luis Obispo hereby declares: SECTION 1. The building at 860 Pacifi property. c Street as shown in Exhibit A is surplus SECTION 2. That the removal of the building at 860 Pacific Street is categorically exempt from the provisions of the California Environmental Quality Act (Section 15301), because removal of the building will not pose a risk to the public, surrounding property, or.to natural resources, and the City's Cultural Heritage Committee has determined that the building is not culturally, historically, or architecturally significant. SECTION 3. Disposal of the building shall be made by sale at public auction or by another method of disposal in accordance with the City's surplus property policy as determined by the Director of Finance to be in the best interest of the City. Upon motion ofCouncil Member Romereseconded by Vice Mayor Williams and on the following roll call vote: ' AYES: Council Members Romero, Williams and Mayor Settle NOES: Council Member Roalman ABSENT: Council Member Smith (not participating) the foregoing resolution was adopted this 22nd day of October 1996. R_RSQ7 8592 Resolution (1996 Series) Page 2 ATTEST: qty Clerk Bo e L Gawfl Mayor Allen Settle APPROVED AS TO FORM: om T March 13, 1997 Keith Opelewski City of San Luis Obispo Parking Division 1260 Chorro Suite B San Luis Obispo CA 93405 Keith Slocum 1174 A Ash Street Arroyo Grande CA 93420 RE:PrQposal to Move House at 860 Paci&. San Luis Obispo Dear Keith: I am pleased to provide this proposal to relocate the house at 860 Pacific. I will purchase the house for $ 1.00 and relocate it within 90 days,observing the terms and conditions set forth in your bid request received 2 weeks ago. I have only 3 requirements which you must satisfy to accept my proposal: 1. All utilities will be disconnected by the City. 2. 1 reserve the right to leave the foundation,deck,and small concrete block addition on site for removal and disposal by the City. 3. The City must pay me$ 16,950.00. Thank you for the opportunity to provide this proposal. Very Truly Yours, Keith Slocum C-yS BRC GOVERNMENTAL FINANCIALS CITY OF SAN LUIS OBIS 3/07/97 11:27:45 Expenditure Guideline 6L520R-YO4.30 P""' LEVEL OF DETAIL 1.0 THRU 4.0 FOR THE PERIOD(S) JUL 01, 1996 THROUGH FEB 28, 1997 ACT MTD POSTED ACT YTD POSTED REMAINING REVISED BUDGET ENCUMBERED AND IN PROCESS AND IN PROCESS BALANCE PCT 510 PARKING FUND 9707 ARCH STUDY - GARAGE ARTIFACT 521 TRANSPORTATION-PARKING 551 STUDY 56,519.27 0.00 163.25 61682.52 49,836.75 11 - TOTAL: TRANSPORTATION-PARKIN6 56,519.27 0.00 163.25 69682.52 499836.75 11 - TOTAL: ARCH STUDY - GARAGE ARTIFACT 56,519.27 0.00 163.25 69682.52 49,836.75 11 - 9708 860 PACIFIC PARKING LOT 521 TRANSPORTATION-PARKIN6 553 CONSTRUCTION 18,000.00 0.00 0.00 0.00 181000.00 0 555 SITE PREPARATION 20,000.00 0.00 0.00 0.00 209000.00 0 556 EQUIPMENT ACQUISITION 3•,000.00 0.00 0.00 0.00 39000.00 0 TOTAL: TRAMSPORTATION-PWING 41,000.00 0.00 0.00 0.00 415000.00 0 TOTAL: 860 PACIFIC PARKING LOT 41,000.00 0.00 0.00 0.00 419000.00 0 9731 ART - PALM STREET GARAGE 532 LEISURE-CULTURAL FACILITIES 553 CONSTRUCTION 159000.00 51775.00 0.00 59725.00 31500.00 76 --- TOTAL: LEISURE-CULTURAL FACILITIES 152000.00 59775.00 0.00 5,725.00 39500.00 76 --- TOTAL: ART - PALM STREET GARAGE 15,000.00 51775.00 0.00 59725.00 39500.00 76 ---- TOTAL: PARKING FUND 1,148,735.02 59,047.56 41388.25 809364.96 11009,322.50 12 - C-7'l0 SURPLUS PROPERTY AGREIIV NT This Agreement is made this day of , 1997 by and between the CITY OF SAN LUIS OBISPO (hereinafter referred to as "CITY"), AND (hereinafter referred to as the "PURCHASER"). The CITY desires to sell and have moved from City property a surplus building at 860 Pacific Street. In addition to complying with the following agreement conditions, PURCHASER must meet all other terms and conditions as indicated in the Conditions for Sale and Removal specifications which are hereby incorporated as part of this agreement as though fully set forth. (See Attachment A) 1. Condition of Sale The PURCHASER agrees to provide a site for the building to be relocated to and said site shall be in the possession (escrow without contingencies or actual ownership) of PURCHASER prior to the final execution of the sales agreement. PURCHASER shall provide evidence of ownership by a means acceptable to the CITY. PURCHASER agrees to cover all costs associated with the actual moving of the building along the-intended route to the new site. 2. Conditions for Removal The entire structure must be removed from City property. All utilities must be disconnected and capped at the street. All overhead power and phone lines must also be disconnected from the building. City shall be responsible for the sewer and water abandonment, PG & E and phone disconnections. The site of the structure must be free of debris as a result of moving the building. PURCHASER shall be responsible for clearing the site, but not the removal of the foundation or concrete slab. Purchaser must have the proper permits and have complied with the provisions of the City of San Luis Obispo Municipal Code as they relate to the moving of a building including architectural review. Any variation to this section shall require prior city approval. 3. Commencement and Removal This agreement covers conditions for removal and PURCHASER agrees to have the structure removed from City property no later than 90 days from the execution date of this agreement. 4. Compensation PURCHASER will compensate the CITY 'the sum of $1.00 for the building at 860 Pacific Street. CITY shall pay PURCHASER the sum of $ for relocation costs associated with relocation of the building. 5. Hold Harmless and Indemnity The Purchaser agrees to defend, indemnify, protect and hold the City and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to the Purchaser's employees, agents or officers which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of the Purchaser, and its agents, officers or employees, in performing the work or services herein, and all expenses of investigating and defending against same; provided, however, that Purchaser's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers or employees. C 7-7 6. Termination The agreement shall become null and void if PURCHASER fails to meet any of the terms and conditions for removal unless authorized in writing by the CITY. In the event the PURCHASER fails to meet any requirement for the removal of structure, the structure shall be retained under the ownership of the CITY and PURCHASER shall forfeit all rights, claims, or compensation paid to the CTTY for the structure. 7. Insurance Before commencing with the removal of the structure, PURCHASER and its subcontractors will supply to the CITY duly issued certificates of insurance for the following coverage: a. Comprehensive General Liability and Automobile Liability—The limit of liability for each shall be not less than $1,000,000 for each occurrence and in the aggregate for bodily injury and not less than $1,000,000 for each occurrence and in the aggregate for property damage. These certificates shall name the CITY as additional insured. b. Worker's Compensation Insurance—This insurance shall comply with the statuary form and requirements. 8. Codes, Licenses, Permits and Regulations PURCHASER and its subcontractors represents that it is fully familiar with all ordinances, codes, Hiles and regulations and possesses any and all licenses, permits, and any other requirements and approvals required to remove the structure from City property. The CITY reserves the right to modify this agreement upon mutual written approval from both parties. Dated ,1997 By By CITY OF SAN LUIS OBISPO PURCHASER John Dunn City Administrative Officer ATTACHIENT A SURPLUS PROPERTY The City of San Luis Obispo is soliciting sealed bids for the sale and removal of a surplus building currently owned by the City. The property is a circa 1920's two-story house located at 860 Pacific Street. The property will be available for public viewing prior to the deadline for the sealed bids. Conditions of Sale and Removal 860 Pacific Street Building The house must be removed in its entirety from the site with the exception of the foundation. Purchaser must be in possession of an approved site to relocate the building, either in escrow with no contingencies or actual ownership prior to the signing of surplus property agreement. Electrical and Plumbing All utilities must be disconnected and capped at the street. All overhead phone and power lines and any other utilities connection must be disconnected and terminated at the source. Purchaser shall coordinate with the City to insure all necessary disconnections are completed prior to the removal of the buildings. City shall be responsible for the sewer and water abandonments and PG &E and phone disconnections. Insurance Purchaser and/or subcontractors shall have liability insurance in the amount of $1,000,000 per occurrence pursuant to City's standard specifications as set forth in Attachment 2. CITY shall be named as additional insured. General Purchaser will be responsible for the prevention of release of any potential hazardous materials into the environment and will be solely liable for their clean-up and removal. Purchaser will be responsible for arranging all aspects (traffic control and delineation, overhead clearances, etc.) of the actual removal and moving of the structure along city and state streets and must have the proper permits and clearances prior to the actual removal of the specified structure. Purchaser will be responsible for clean-up of the building site of any residual debris as a result of moving the structure from City property. Purchaser will be responsible for removal of any trees on City property that are required to move the building off site. Purchaser shall enter into a Surplus Property Agreement in substantially the form set forth in Attachment 1. C 74 Special Conditions. Purchaser will be responsible for obtaining all necessary approvals and any associated fees for architectural review. Purchaser shall be subject to the provisions of the City of San Luis Obispo Municipal Code Sections 15.36.90--15.36.200 inclusive as they pertain to the requirements for the moving of a building within or through the City limits, as set forth in Attachment 3. GENERAL TERMS AND CONDITIONS Bid requirements 1. Requirement to Meet All Provisions. Each individual or firm submitting a bid shall meet all terms and conditions of the specification package. By virtue of its bid submittal, the bidder acknowledges agreement with and acceptance of all provisions of the bid specifications. 2. Bid Submittal. Each bid shall be submitted on the bid form included with the specification package. Bid documents shall be enclosed in an envelope which shall be sealed and addressed to the Finance Department, 990 Palm Street, San Luis Obispo, CA 93401. In order to guard against premature opening, the bid should be clearly labeled with bid title, property address, specification number, bidder name and address, and time and date of bid opening. 3. Bid Withdrawal. A bidder may withdraw its bid, without prejudice prior to the time specified for the bid opening, by submitting a written request to the Finance Department for its withdrawal, in which event the proposal will be returned to the bidder unopened. 4. Submittal of One Bid Only. No individual or business entity of any kind shall be allowed to make or file, or to be interested in more than one proposal for each surplus property listed, except an alternative proposal when specifically requested; however, an individual or business entity which has submitted a sub-proposal to a bidder submitting a proposal, or who has quoted prices on materials to such bidder, is not thereby disqualified from submitting a sub- proposal or from quoting prices to other bidders submitting proposals. 5. Communications. All timely requests for information submitted in writing will receive a written response from the City. Telephone communications with City staff are not encouraged, but will be permitted. However, any such oral communication shall not be binding on the City. 3 �.7-/0 CONTRACT AWARD AND EXECUTION 6. Proposal Retention and Award. The City reserves the right to retain all proposals for a period of 30 days for examination and comparison. The City also reserves the right to waive nonsubstantial irregularities in any proposal, to reject any or all proposals, to reject or delete one part of a proposal and accept the other, except to the extent that proposals are qualified by specific limitations, and to make award to the lowest responsible, responsive bidder as the interest of the City may require. See Conditions of Sale and Removal for any other proposal evaluation. 7. Competency and Responsibility of Bidder. The City reserves full discretion to determine the competence and responsibility, professionally and/or financially, of bidders. Bidders will provide, in a timely manner, any and all information which the City deems necessary to make such a decision. 8. Contract Requirement. The bidder to whom award is made shall execute a written contract with the City within ten (10) calendar days after notice of the award has been sent by mail to it at the address given in its proposal. The contract shall be made in the form adopted by the City and incorporated in these specifications. 9. Failure to Accept Contract. The following will occur if the bidder to whom the award is made (Purchaser) fails to enter into the contract: the award will be annulled; any bid security will be forfeited in accordance with the Special Terms and Conditions if a bidder's bond or security is required; and an award may be made to the next lowest responsible, responsive bidder who shall fulfill every stipulation as if it were the party to whom the first award was made. 10. Insurance Requirements. The Bidder shall provide proof of insurance in the form, coverages, and amounts stated in the specifications within ten (10) calendar days after notice of contract award as a precondition to contract execution. CONTRACT PERFORMANCE 11. Ability to Perform. The Bidder warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with any and all federal, state, county, city, and special district laws, ordinances, and regulations. 12. Laws to be Observed. The Bidder shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances, regulations and adopted codes during its performance of the work. 4 13. Permits and Licenses. The Bidder shall procure all permits and licenses, pay all charges and fees, and give all notices necessary. 14. Safety Provisions. The Bidder shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. 15. Preservation of City Property. The Bidder shall provide and install suitable safeguards, approved by the City, to protect City property from injury or damage. If City property is injured or damaged as a result of the Bidder's operations, it shall be replaced or restored at the Bidder's expense. The facilities shall be replaced or restored to a condition as good as when the Bidder began work. Furthermore, the City shall not be responsible or liable for loss or damage to property or its contents after the bid award. 16. Inspection. The Bidder shall furnish City with every reasonable opportunity for City to ascertain that the services of the Bidder are being performed in accordance with the requirements and intentions of the contract. All work done and all materials furnished, if any, shall be subject to the City's inspection and approval. The inspection of such work shall not relieve Bidder of any of its obligations to fulfill its contract requirements. 17. Hold Harmless and.Indemnification. The Bidder agrees to defend, indemnify, protect and hold the City and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to the Bidder's employees, agents or officers which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of the Bidder, and its agents, officers or employees, in performing the work or services herein, and all expenses of investigating and defending against same; provided, however, that the Bidder's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers or employees. 18. Contract Assignment. The Bidder shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such'a contract to any individual or business entity of any kind without the previous written consent of the City. 19. Termination. If, during the term of the contract, the City determines that the Bidder is not faithfully abiding by any term or condition contained herein, the City may notify the Bidder in writing of such defect or failure to perform; which notice must give the Bidder a ten (10) calendar day notice of time thereafter in which to perform said work or cure the deficiency. If the Bidder has not performed the work or cured the deficiency within the ten days specified in the notice, such shall constitute a breach of the contract and the City may terminate the contract immediately by written notice to the Bidder to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under the contract except, however, any and all obligations of the Bidder's surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the termination thereof. 5 INSURANCE REQUIREMENTS: Operation & Maintenance Contracts The Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors. . Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed.1/87)covering Automobile Liability,code 1 (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 per accident for bodily injury or disease. Deductibles and Self_Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City,its officers, officials, employees and volunteers;or the Contractor shall procure a bond guaranteeing payment of losses and related investigations,claim administration and defense expenses. Other Insurance Provisions. The general liability and automobile liability policies are to contain,or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned leased,hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, official, employees, agents or volunteers. 2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents or voluntedrs. .4. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. - 5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty(30) days'prior written notice by certified mail, return receipt requested, has been given to the City. Accentability of insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than ANII. Verification-of Coverage. Contractor shall furnish the City with a certificate of insurance showing required coverage. Original endorsements effecting general liability and automobile liability coverage are also required by this clause. The.endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 250-20 Attachment 2 3. If General Liability,Pollution and/or Asbestos Pollution Liability and/or Errors& Omissions coverages are written on a Claims Made Form: a. The "Retro Da;e" must be shown, and must be before the date of the contract or the beginning of contract work. b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract or work. C. If the coverage is cancelled or non-renewed, and not replaced with another claims made policy form with a "Retro Date" prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five years after completion of the contract or work. d. A copy of the claims reporting requirements must be submitted to the City for review. 4. The workers compensation policy shall be endorsed with a waiver of subrogation in favor of the City. Accentability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Since Pollution and/or Asbestos Pollution coverages may not be available from an "Admitted" insurer,the coverage may be written by a Non-Admitted insurance company. A Non-admitted company should have an A.M. Best's rating of A:X or higher. Pollution and/or Asbestos coverages may also be written by a Captive Insurance Company or Risk Retention Group or Captive Insurance Company, the City will check with its Insurance Advisor for further information before approval. Verification or Coverage. Contractor shall furnish the City with certified copies of endorsements-effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements,are to be on forms provided by the City, unless the insurance company will not use the City's form. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 250-23 ORDINANCE NO. 1306 (1996 SERIES) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO DELETING MUNICIPAL CODE CHAPTER 15.36 (DEMOLITION OF BUILDINGS) AND ADDING NEW DEMOLITION REGULATIONS AS AN APPENDIX TO THE ADOPTED UNIFORM BUILDING CODE WHEREAS, the Cultural Heritage Committee, Architectural Review Commission and the City Council have held hearings to consider the proposed changes to the Municipal Code regarding the demolition and moving of buildings; and WHEREAS, the Cultural Heritage Committee and the Architectural Review Commission have recommended that the City Council revise said regulations to implement General Plan policies, which call for the protection of the City's historical resources; and WHERAS, the proposed amendments will streamline and improve the development review process by reducing the number of review steps required for demolition projects and by providing greater certainty for applicants during the review process; and WHEREAS, the City Council finds that the proposed ordinance changes will promote the public health, safety, and general welfare. BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. The proposed ordinance changes have been evaluated according to the California Environmental Quality Act and the City's Environmental Guidelines; and after review and consideration, the Community Development Director has determined that the proposed action does not constitute a "project" under said regulations since it consists of general policy and procedure malting, and that no further environmental study is required. SECTION 2. Chapter 15.36 of the San Luis Obispo Municipal Code is hereby repealed. SECTION 3. The Uniform Building Code, adopted under Municipal Code Chapter 15.04, is hereby amended to add Appendix Chapter 1, as follows. Appendix Chapter 1 DEMOLITION AND MOVING OF BUILDINGS SECTION 110 — PURPOSE The purpose of this appendix is to establish minimum standards and procedures for the dem- olition and relocation (moving) of buildings and structures to safeguard life, property, health and public welfare. It is also intended to ensure that moved buildings are structurally sound, sanitary, habitable, and that they will harmonize with existing development in the area to 4 Attachment 3 L- �s Ordinance No. 1306 , (1996 Series) Page 3 Substructure means the foundation of a building or structure including the piers and piles. SECTION 114 -- PERMIT REQUIREMENTS 114.1 Permit Required. The demolition or relocation (moving) of any building or structure shall not commence until a permit has been issued by the building official in accordance with the provisions of this chapter and the Uniform Administrative Code. EXCEPTION: Temporary construction offices. A permit to move a building shall be a building permit when the building is relocated within the limits of the city. A permit to move a building shall be a demolition permit when the building is relocated to a site outside of the limits of the city. 114.2 Moving and Relocation of Buildings. 114.2.1 Inspection of buildings to be moved. All buildings to be moved into or within the city shall be inspected by the building official to determine compliance with this code and suitability for moving prior to permit issuance. 114.2.2 Transportation and building permits required. For moving projects, a transportation p rmit shall be obtained from the public works director subsequent to issuance of a moving permit. Building, plumbing, electrical, and mechanical permits shall be required for all work necessary for the placement of a moved or relocated building. 114.3 Procedure for Permit Application Processing. Upon receipt of a permit application to demolish or move a building or structure, the building official shall determine fhe nature of the proposed project and process the application as follows: 1. Demolition of Historical Resource. For any structure located on a property listed on the Inventory of Historical Resources, the building official shall refer the application to demolish the structure to the Cultural Heritage Committee (CHC) for placement on its next open agenda. The CHC shall review and process the application as follows: 1. If the CHC determines that the structure to be demolished has no historical, architectural, or aesthetic significance to the community, it shall refer the matter back to the building official with direction to issue the demolition permit. 2. If the CHC determines that the structure to be demolished has historic, architectural or aesthetic significance to the community, it shall direct the applicant to submit plans for Architectural Review Commission (ARC) review 7-1(-o Ordinance No. 1306. (1996 Series) 5 Page 5 case of demolition. The application, architectural plans and any applicable CHC recommendation shall be reviewed and acted on by the ARC. 114.4.2 Findings Required. The building official shall not issue the permit unless the ARC determines that: 1. For demolition of a structure, the proposed replacement structure is as, or more, compatible with neighboring development than the existing structure, consistent with ARC guidelines; and either the condition of the structure poses a threat to the health, safety or welfare of the community residents or people living or working on or near the site, or the applicanthas submitted written documentation that itis financially infeasible to rehabilitate the structure or preserve the historic nature of the site. 2. For relocation or moving of a structure, the structure to be moved will be compatible with the new site and other buildings in the neighborhood. 114.5 Guarantee. Prior to issuance of a permit to demolish or move a building or structure, the applicant shall provide the city with a guarantee in such form and amount as may be deemed necessary by the building official to assure completion of demolition or moving, removal of all debris, cleanup of the site, repair of damage to public improvements, erection of barricades when required and filling of depression below adjacent grade. The amount of the guarantee for demolition shall be not less than one thousand dollars or twenty percent of the value of the demolition contract price, whichever is greater. The amount of the guarantee for moving a building or structure shall be twenty percent of the total value of all work to be accomplished and associated with moving of the building, but not less than five thousand dollars. Work required to comply with this section may be completed by the city after the time limits stated have expired and shall be paid from the deposit. The deposit shall not be released until such work is completed. ' EXCEPTION: 1. No guarantee will be required when the demolition permit is issued at the same time as a building permit for a redevelopment project. 2. When the structure to be moved is to be relocated outside the limits of the city, the amount of the guarantee may be reduced when approved by the building official, but in no case shall be less than one thousand dollars. 114.6 Indemnity. Every person, firm or corporation to whom permission has been granted under the terms of this chapter and other ordinances to utilize public property for the demolition or moving of any building or structure shall at all times assume responsibility for any damage to public property. Such permission shall be further conditioned that any person, firm or corporation shall, as a consideration for the use of public property, at all times release, hold harmless and indemnify the city and all of its agents and employees from any and all �71� Ordinance No. 1306 (1996 Series) 7 Page 7 115.1 General. The demolition or moving of any building shall not commence until the structures required for protection of persons and property are in place. Such structures shall conform to the applicable provisions of Chapter 33 of this code. Prior to permit issuance, a schedule of operations shall be submitted to the building official for review and approval, and shall set forth a sequence of work on the building, the need to barricade public streets, details of travel to and from the site for hauling operations, route of moving, estimated completion date, and any other significant work which may require inspection or coordination with city departments. 115.2 Dust and Debris. During demolition operations, all material removed shall be wet sufficiently or otherwise handled to control the dust incidental to removal. All adjacent streets, alleys and other public ways and places shall be kept free and clear of all rubbish, refuse and loose material resulting from the moving, demolition or demolition removal operations, except as allowed by temporary encroachment permits approved by the public works director. 115.3 Firesafety During Demolition. Fire protection and exit safety shall be maintained as required by the Fire Code. SECTION 116 -- REMOVAL OF MATERIALS 116.1 General. All building rubble and debris shall be removed from the demolition site to an approved point of disposal. 116.2 FoundatiorLs. All foundations, concrete slabs and/or building substructures shall be removed to the satisfaction of the building official. EXCEPTION: Foundations, concrete slabs on grade and building substructures may remain if the site is fenced to the satisfaction of the building official. 116.3 Completion. Upon completion of the removal of a building or structure by either demolition or moving, the.ground shall be left in a smooth condition free of demolition debris. Holes in the ground, basements or cellars, shall be filled to existing grade. EXCEPTION: The filling of such excavation may not be required when a building permit has been issued for a new building on the site and the construction thereof is to start within sixty days after the completion of demolition or moving operations and the permittee provides a temporary barricade protecting the excavation on all sides to the satisfaction of the building official. SECTION 4. A synopsis of this ordinance, approved by the City Attorney, together Ordinance No. 1306 (1996 Series) FINALLY PASSED this 3rd day of September, 1996, on motion of Council Member Roalman, seconded by Council Member Smith, and on the following roll call vote: AYES: Council Members Roalman, Smith and Mayor Settle NOES: Council Members Romero and Williams ABSENT: None .e' 0� Mayor Allen K. Settle ATTEST: gityClerk Bo . Ga I�Illi ►►�► II►�!l;li��► II ��Illlli !!I! .!I► a►i�iii� i' !�; it C', tsAn U1oBispo -Community Development Department, 990 Palm Street, San Luis Obispo, CA 934r To applicants: The following list includes all the items you must submit for a complete application. Some specific types of information may not apply to your project and, as noted, some items are not normally required. If you are not sure, ask planning staff. Planning staff will use a copy of this list to check your application for completeness after it is submitted. If you have any questions, please call (805) 781-7172. Final Architectural Review - Application Checklist APPLICATION FEE: $680.00 4. Allowable and proposed density for residential projects. 1. Completed planning application form. (If a complete form 5. The total number of proposed dwelling units and and fee was submitted for schematic review, another existing units that will remain, listed by number of application and fee is not needed.) bedrooms. 6. A calculation of the number of parking spaces 2. Vicinity Map showing the location of the property. required and provided. 7. Square footage of planted areas, excluding setback 3. Twelve sets of plans folded to 8-1/2° X 14° (Eight sets areas. if the project has received schematic approval and has not been substantially revised). B. Site Plan Each set of plans must contain: 1. Dimensioned property lines and all building setbacks. a. . Project statistics 2. Location, name and width (including required b. A site plan widening) of adjacent streets. c. A grading and drainage plan 3. Existing and proposed public and private easemen d. Sectional drawings 4. The name, location and width of watercourses. e. Schematic floor plans 5. Highlight all proposed buildings and improvements, f. Elevations and indicate existing buildings and improvements g. Site furniture and details which will be retained. Also indicate any structures h. A landscape development plan to be removed. i. Sign proposals 6. Access and circulation of pedestrians and vehicles. 7. Parking spaces and aisles, dimensioned; the flow of Each sheet of the plans must contain: traffic should be noted by arrows. . a. The name and address (location) of the project. B. Location of bicycle parking and storage facilities. b. The scale of the illustration. 9. Walls, fences and exterior lighting structures. c. The date of preparation and/or revisions. 10. Location of signs. d. The name of the applicant. 11. Location-of recycling/refuse enclosures. e. The name of the person or firm preparing the 12. Planted areas and outdoor-use areas. plans. 13. Location of all existing trees over 30 trunk diameter. Give type, trunk and canopy diameter, and status All drawings must be prepared to a standard architect's (e.g. to be removed, saved, relocated). or engineer's scale. Plan views must include a north 14. Location and use.of nearest structures on adjacent arrow. properties. A. Project Statistics & Other Information C. Grading and Drainage Plan 1. The zoning and current uses of the site and adjacent 1. Existing and proposed contours, finished floor properties. elevations, retaining walls. 2. The total square footage of the project site. 2. Approximate area, depth, and volume of cuts and 3. The area of the site to be covered by buildings and height and location of fills. paved surfaces, and structures to be removed. LEGEND: -/ Provided . O Required but not provided X Not Required e'-70t D OtySMIS OBISW Community Development Department, 990 Palm Street, San Luis Obispo, CA 93401 To applicants: The following list includes all the items you must submit for a complete application. Some specific types of information may not apply to your project and, as noted, some items are not normally required. If you are not sure, ask planning staff. Planning staff will use a copy of this list to check your application for completeness after it is submitted. If you have any questions, please call (805) 781-7172. Minor or Incidental Architectural Review - Application Checklist APPLICATION FEE: $211.00 5. A calculation of the number of parking spaces required and provided. 1. Completed planning application form. 7. Square footage of planted areas, excluding setback areas. 2. Vicinity Map showing the location of the property. B. Site Plan 3. Two sets of plans folded to B-1/2 "X 14". 1. Dimensioned property lines and all building Each set of plans must contain: setbacks. a. Project statistics 2. Location, name and width (including b. A site plan required widening) of adjacent streets. C. Elevations 3. Existing and proposed public and private easements. Each sheet of the plans must contain: 4. The name, location and width of a. The name and address (location) of the watercourses. project. 5. Highlight all proposed buildings, and b. The scale of the illustration. improvements, and indicate existing C. The date of preparation and/or revisions. buildings and improvements which will be d. The name of the applicant. retained. Also indicate any structures to be e. The name of the person or firm preparing removed. the plans. .6. Access and circulation of pedestrians and vehicles. All drawings must be prepared to a standard 7. Parking spaces and aisles,dimensioned; the architect's or engineer's scale. Plan views must flow of traffic should be noted by arrows. include a north arrow. B. Location of bicycle parking and storage facilities. A. Project Statistics &Other Information 9. Walls, fences and exterior lighting structures. 1. The zoning and current uses of the site and 10. Location of signs. adjacent properties. 11. Location of recycling/refuse enclosures. 2. The total square footage of the project site. 12. Planted areas and outdoor-use areas. 3. The area of the site to be covered by 13. Location of all existing trees over 3" trunk buildings and paved surfaces, and diameter. Give type, trunk and .canopy structures to be removed. diameter and status (e.g. to be removed, 4. Allowable and proposed density for saved, relocated). residential projects. 14. Location and use of nearest structures on 5. The total number of proposed dwelling units adjacent properties. and existing units that will remain, listed by number of bedrooms. LEGEND: V Provided O Required but not provided X Not Required -7-Or 2 COUNCIL ❑ CLQ Lhf-1 I r1CAO . ❑ FIN DIR MILL-ONG �' AGENDA �ACpo ❑ FIRE CHIEF ' / 9/C � DATE _ITEM # 04TTORNEY ePW DIR r CLERTEAJORIGM ❑ RECDIR ❑ POLICE CHSURPLUS PROPERTY AGREEIVIEI T I` n MGMT T64M F MGMT C READ FILE ❑ UP.L DIR F f ❑ PERS Dl- -._:. ent is made this day of , 1997 by and between the CITY OF SAN LUIS OBISPO (hereinafter referred to as "CITY"), AND (hereinafter referred to as the "PURCHASER"). The CITY desires to sell and have moved from City property a surplus building at 860 Pacific Street. In addition to complying with the following agreement conditions, PURCHASER must meet all other terms and conditions as indicated in the Conditions for Sale and Removal specifications which are hereby incorporated as part of this agreement as though fully set forth. (See Attachment A) 1. Condition of Sale The PURCHASER agrees to provide a site for the building to be relocated to and said site shall be in the possession (escrow without contingencies or actual ownership) of PURCHASER prior to the final execution of the sales agreement. PURCHASER shall provide evidence of ownership by a means acceptable to the CITY. PURCHASER agrees to cover all costs associated with the actual moving of the building along the intended route to the new site. 2. Conditions for Removal The entire structure must be removed from City property. All utilities must be disconnected and capped at the street. All overhead power and phone lines must also be disconnected from the building. City shall be responsible for the sewer and water abandonment, PG & E and phone disconnections. The site of the structure must be free of debris as a result of moving the building. PURCHASER shall be responsible for clearing the site, but not the removal of the foundation, deck, concrete slab, or smalo, concrete block addition on site. Purchaser must have the proper permits and have complied with the provisions of the City of San Luis Obispo Municipal Code as they relate to the moving of a building including architectural review. Any variation to this section shall require prior city approval. 3. Commencement and Removal This agreement covers conditions for removal and PURCHASER agrees to have the structure removed from City property no later than 90 days from the execution date of this agreement. 4. Compensation PURCHASER will compensate the CITY the sum of $1.00 for the building at 860 Pacific Street. CIW shall pay PURCHASER the sum of $ for relocation costs associated with relocation of the building. 5. Hold Harmless and Indemnity . The Purchaser agrees to defend, indemnify, protect and hold the City and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to the Purchaser's employees, agents or officers which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of the Purchaser, and its.agents, officers or employees, in performing the work or services herein, and all expenses of investigating and defending against same; provided, however, that Purchaser's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers or employees.