13. Resolution Authorizing the City Manager to Enter into a Demolition Agreement with Jim Brisco Enterprises, Inc. Relating to the Court Theater

Resolution Authorizing the City Manager to Enter into a Demolition Agreement with Jim Brisco Enterprises, Inc. Relating to the Court Theater

STAFF REPORT

AGENDA ITEM: Resolution Authorizing the City Manager to Enter into a Demolition Agreement with Jim Brisco Enterprises, Inc., Relating to the Court Theater.

MEETING DATE: August 20, 2013

PREPARED BY: Holly R. Owen, Contract Associate Planner

REVIEWED BY: Jose Antonio Ramirez, City Manager

RECOMMENDATION:

Authorize the City Manager to execute a demolition contract from Jim Brisco Enterprises, Inc., for the deconstruction of the Livingston Court Theater building located at 620 Main Street, in an amount not to exceed $30,000, subject to City Manager and City Attorney approval of proper insurance, bonding and contract requirements.

BACKGROUND:

The "Court" Theater was designed in August 1945 and built soon thereafter by the Court Family to replace a 200-seat theater that had burned to the ground. According to the property appraisal conducted in April 2002, the theater consists of a lobby, single floor auditorium, small office area, men’s and women’s restrooms, a box office and a shed for mechanical equipment. The seating capacity was reported to number 535. The building is estimated to consist of approximately 5,920 square feet and 21 feet high from entry floor to ceiling. It was used extensively over the subsequent years and used primarily for movie viewing. The theater is reported to have closed in 1977 and has remained vacant since then.

The property was purchased by David and Judith Theodore in November 1987.

On February 5, 2002, the Livingston City Council approved a motion to buy the theater for $115,000. In April 2002, the City purchased the property from the Theodore family in hopes of restoring it to its former glory. On January 15, 2002, the City Council established the Livingston Court Theater Committee and appointed Committee members on February 5, 2002.

In 2004, the building was evaluated by a structural engineer (Pelton Engineering) which determined, at that time, that the building structure was in general good condition, but the interior needed "proper rehabilitation."

The planned renovation efforts involved six phases: 1) roof repair, 2) clean up, 3) interior demolition, 4) refurbishment, 5) new construction and expansion of north side 6) new construction and expansion of south side. The architects estimated costs totaled $2,350,000.00.

In 2004, the City applied for four grant applications (CDBG Planning and Technical Assistance Grant, California Cultural and Historical Endowment, and Roberti-Z’Berg­ Harris Nonurbanized Open Space and Recreation Grant Program) to assist the City with design and renovation costs associated with the Court Theater Renovation Project. In July 2005, the City was awarded a Community Development Block Grant in the amount of $500,000.00 from the State of California Housing and Community Development Block Grant (CDBG) General/Native American Allocation Program.

The City spent some of this money on permits and design work but was unable to start the work. The State has since asked for reimbursement of grant proceeds. The City entered into a repayment plan to pay back $147,000 per year for three consecutive years.

DISCUSSION:

The Livingston Court Theater is in a state of disrepair and is no longer structurally sound. The building appears to be in imminent threat of falling and is considered unsafe. The building now serves as a nesting area for pigeons and has now accumulated a significant amount of pigeon waste.

In the City’s efforts to look ahead and examine downtown revitalization efforts, it is considering various options to restoring a vibrant downtown. One option is deconstruct the theater to make room for other possible options, including a new theater project that preserves the integrity of the old architecture design and integrates new technologies available for a theater and auditorium use.

The demolition of the court theater building is not considered a public project for bidding purposes under California Public Contract Code section 20161. The demolition of the building is not an erection, improvement, painting, or repair of a public building. However, Staff still informally bid the project, sending request for bids to three contractors.

Jim Brisco Enterprises, Inc. submitted the lowest quote and is now being presented to Council for approval. The approval would be subject to the following conditions:

1. Jim Brisco Enterprises, Inc. will obtain the required bonding and insurance required to perform the job submitted to the City Attorney within thirty (30) days from Council’s action on this matter.

2. Jim Brisco Enterprises, Inc. bid will be subject to the approval of contract requirements.

Staff seeks direction and a recommendation from Council to authorize the City Manager to execute a demolition contract with Jim Brisco Enterprises, Inc., in an amount not to exceed $30,000, subject to City Manager and City Attorney approval of proper insurance, bonding and contract requirements. A draft resolution for Council is attached.

FISCAL IMPACT:

The costs associated with this contract will be allocated to the Amenities Impact Fee Fund and the General Fund.

ENVIRONMENT AL ASSESSMENT:

The proposed deconstruction project is Statutory Exempt under CEQA as it only requires a demolition permit, which is considered as a ministerial project under Section 15268 (b) Ministerial Projects.

ATTACHMENTS:

1. Bryan Company Bid for Services, dated June 27, 2013

2. Kroeker, Inc. Bid for Services, dated July 8, 2013

3. Jim Brisco Enterprises, Inc, price quote, email dated July 10, 2013

4. Resolution 2013-

RESOLUTION 2013

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON APPROVING A CONTRACT FOR THE DEMOLITION OF THE LIVINGSTON COURT THEATER BUILDING

WHEREAS, the "Court" Theater was designed in August 1945 and built soon thereafter by the Court Family to replace a 200-seat theater that had burned to the ground; and

WHEREAS, the theater consists of a lobby, single floor auditorium, small office area, men’s and women’s restrooms, a box office and a shed for mechanical equipment, and

WHEREAS, the building is estimated to consist of approximately 5,920 square feet and 21 feet high from entry floor to ceiling; and

WHEREAS, the theater is reported to have closed in 1977 and has remained vacant since then; and

WHEREAS, the property was purchased by David and Judith Theodore in November 1987; and

WHEREAS, on February 5, 2002, the Livingston City Council approved a motion to buy the theater for $115,000. In April 2002, the City purchased the property from the Theodore family in hopes of restoring it to its former glory. On January 15, 2002, the City Council established the Livingston Court Theater Committee and appointed Committee members on February 5, 2002; and

WHEREAS, in 2004, the building was evaluated by a structural engineer (Pelton Engineering) which determined, at that time, that the building structure was in general good condition, but the interior needed "proper rehabilitation" ; and

WHEREAS, the Livingston Court Theater is in a state of disrepair and is no longer structurally sound; and

WHEREAS, the building is in imminent threat of falling and is considered unsafe; and

WHEREAS, the Livingston Building Department has concluded that the building presents a public health and safety hazard.

NOW, THEREFORE, BE IT RESOLVED that the City Council, after considering all the evidence presented, determined the following findings were relevant in evaluating this recommendation:

1. The subject building represents a public hazard and could potentially endanger the public health, safety and welfare.

2. The project will not have a significant impact on the environment and is categorically exempt under CEQA.

3. The demolition of the subject building will be conducted in a manner wherein the public’s safety and health is protected as well as the environment.

BE IT FURTHER RESOLVED that the Livingston City Council does hereby authorize the City Manager to execute a demolition contract for the demolition of the Livingston Court Theater building with Jim Brisco Enterprises, Inc., in an amount not to exceed $30,000, subject to the following conditions:

1. Jim Brisco Enterprises, Inc. will obtain the required bonding and insurance required to perform the job, submitted to the City Attorney within thirty (30) days from Council’s action on this matter.

2. Jim Brisco Enterprises, Inc., will successfully work within that thirty-day (30) period with the City Building and Engineering staff to address any concerns that they may have.

Passed and adopted this 20th day of August, 2013, by the following vote:

AYES:

NOES:

ABSENT:

Rodrigo Espinoza, Mayor of the City of Livingston

ATTEST:

I, hereby certify that the foregoing resolution was regularly introduced, passed and adopted at a Regular Meeting of the City Council of the City of Livingston this 20th day of August, 2013.

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One thought on “13. Resolution Authorizing the City Manager to Enter into a Demolition Agreement with Jim Brisco Enterprises, Inc. Relating to the Court Theater

  1. Pingback: Cockroaches, Arsenic, and TCP; A Requiem for the Court Theater and a Planning Commission Agenda | Thegardeningsnail's Weblog (because not every critter is hiding under a rock...)

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