HomeMy WebLinkAboutItem 07 - COUNCIL READING FILE_d_Council Report and Minutes dated 11-19-2019
Department Name: Public Works
Cost Center: 5006
For Agenda of: November 19, 2019
Placement: Consent
Estimated Time: N/A
FROM: Shelly Stanwyck, Assistant City Manager, Community Services
Prepared By: Michael J. McGuire, Senior Civil Engineer
SUBJECT: HIGUERA STREET SIDEWALK REPAIR, SPECIFICATION NO. 91320
RECOMMENDATION
1. Approve construction documents for “Higuera Street Sidewalk Repair, Specification No.
91320”; and
2. Authorize Staff to advertise for bids and authorize the City Manager to award the
construction contract, if the lowest responsible bid is within the Engineer’s estimate of
$295,000.
DISCUSSION
Background
The Higuera Street Sidewalk Repair is a subproject of the 2019-21 Downtown Renewal CIP
(Attachment A). The goal of this work is to improve public safety and enhance aesthetics in the
downtown core by replacing old and deteriorated sidewalks with the City’s Mission Style
Sidewalk.
When the initial Downtown Renewal project was implemented in 2012, a small section of the
sidewalk located in front of 858 & 860 Higuera Street was not included in the work as there was
a basement space below the sidewalk. The sidewalk, which was acting as the ceiling for the
basement below it, has deteriorated and needs replacement. As specialized engineering was
necessary to support the sidewalk, this became its own separate project from the rest of the
Downtown Renewal.
Construction funding was made available in 2017 and recently, the repair design work was
updated and completed for the current building codes (Attachment B). In March 2019, a small
chunk of the sidewalk at this location broke off and fell into the basement. This event indicated
that the sidewalk is deteriorating rapidly, and replacement is urgently needed.
Initial estimates from 2012, adjusted for inflation, indicated that the project could be completed
with the funding in the approved 2019-21 budget. Recently, however, the high demand for
contract labor has demonstrated that construction costs are exceeding annual inflation rates, and
prior construction estimates would likely be insufficient to fully fund the project. Costs
premiums are also expected due to the work being performed at night as well as the unusual
constraints of accessing the work site. These factors require staff to request additional funding
for construction. The construction work is anticipated to start in January 2020 and will be
completed at night in order to minimize construction impacts to businesses. During business
hours, the City’s Contractor is required to provide fully accessible entrances for affected
businesses.
On September 30, 2019, a letter was sent to the property owner requesting a cost-sharing
arrangement between the City and the Owner so that the project could proceed to construction
(Attachment C). To date, a written response has not been received.
Policy Context
Per the October 2018 Financial Management Manual, Council approval is required for Public
Projects that cost over $175,000. Section 12.16.020 of the Municipal Code references the State
of California’s Streets and Highway Code1 that indicates the adjacent property owner of public
sidewalk is required to maintain and replace this sidewalk. The City has a past practice, in many
instances, particularly those areas of the downtown, where the sidewalk is used intensively by
the public, to maintain and repair it in the interest of public safety and liability avoidance,
because the City can be held liable for injuries occurring as the result of sidewalk conditions that
are held to be in a dangerous condition to the public. However, as this sidewalk also serves as a
roof for a basement; staff reached out to the property owner to no response. Given a failure of
this key sidewalk would negatively impact a portion of Higuera Street downtown, staff has
pursued this City-funded project but provides an alternative below for Council to consider within
the context of existing policy.
Public Engagement
Annual maintenance for public roadways, including sidewalk reconstruction, was identified and
included in the 2019-21 Financial Plan and identified as a Major City Goal.
CONCURRENCE
This project has the concurrence of the Utilities Department.
ENVIRONMENTAL REVIEW
The Community Development Department has issued a Notice of Exemption pursuant to Section
15302 Class 2 (Replacement or Reconstruction) of the California Environmental Quality Act
Guidelines.
1 “Streets & Highways Code § 5610. The owners of lots or portions of lots fronting on any portion of a public street
or place when that street or place is improved or if and when the area between the property line of the adjacent
property and the street line is maintained as a park or parking strip, shall maintain any sidewalk in such condition
that the sidewalk will not endanger persons or property and maintain it in a condition which will not interfere with
the public convenience in the use of those works or areas save and except as to those conditions created or
maintained in, upon, along, or in connection with such sidewalk by any person other than the owner, under and by
virtue of any permit or right granted to him by law or by the city authorities in charge thereof, and such persons shall
be under a like duty in relation thereto. [Added by Stats. 1941, Ch. 79]”
FISCAL IMPACT
Budgeted: Yes Budget Year: 2019 -20
Funding Identified: Yes
Fiscal Analysis:
Construction (Engineer’s Estimate): $295,000
Construction Contingencies: $44,500
Printing and Advertising: $500
Special Inspection: $10,000
Total Estimated Project Cost: $350,000
Proposed FY19-20 Funding Allocation:
Current Funds: $190,000
Broad Street Project Allocated Funds: $160,000
Total Project Budget: $350,000
Higuera Street Sidewalk Repair, Specification No. 91320
The 2017-19 Financial Plan, page E2-129 to E2-131, identified $160,000 for the construction
phase and $30,000 for the construction management phase. This funding was re-appropriated by
Council action June 2018 to the Laurel Lane Complete Streets project. New funding of $190,000
was provided in the 2019-21 Financial Plan to support this project; however, the revised cost
estimate for construction indicates that an additional $160,000 is needed to fully fund the project.
Staff have identified supplemental funds within a separate Downtown Renewal project for the
west side of Broad Street between Higuera and Marsh streets. That project contains a budget of
$210,000 in Fiscal Year 2019-20 and $640,000 in Fiscal Year 2020-21 for design and
construction services. In order to fully fund the Higuera Street Sidewalk Repair project, staff
proposes to utilize the portions of the 2019-20 budget from the Broad Street project to fully fund
the sidewalk replacement. Any remaining funds will be returned to the Broad Street project.
Staff recommends this alternative as the Higuera Street Sidewalk project is fully designed and
ready for advertisement. Design for the Broad Street project has not yet begun. However, by
proceeding with this funding plan, there is a potential that the Broad Street project will have
insufficient funds for construction in Fiscal Year 2020-21 and supplemental funding will need to
be allocated at that time or the scope of the Broad Street work will need to be reduced.
ALTERNATIVES
Deny advertising the Project. The City Council could choose to postpone the project. Staff does
not recommend this alternative. Further delay of replacement could lead to failure of the
sidewalk, with impacts to the businesses at that sidewalk area coupled with limited pedestrian
access along Higuera Street. Emergency repair work would cost substantially more than
addressing the repair work now.
Direct Staff to issue a Notice of Correction to Property Owner: Council could make the
determination this work is best completed by the property owner and require that this sidewalk
be maintained by the property owner in compliance with City Municipal Code Section 12.16.020
Property Owners Responsibility and the State Streets and Highways Code. Section 12.16.020 of
the Municipal Code references the State of California’s Streets and Highway Code that indicates
the adjacent property owner of public sidewalk is required to maintain and replace this sidewalk.
To implement this requirement, the City would notice the property owner of the required repairs.
Within two weeks of the Notice of Correction being furnished to the Property Owner, the
Property Owner is required to start the sidewalk replacement work and pursue diligently until
complete. If the Property Owner fails to start this work within two weeks, the City could then
complete the necessary work. Upon completion of this work, the final cost of the work would be
presented to City Council in a Public Hearing in which City Council would make the final
determination on whether to lien the property to eventually obtain reimbursement for this cost.
This process does not preclude any cost sharing between the property owner and the City and
does not preclude Council from approving the project and authorizing advertisement for bids as
recommended by staff.
Attachments:
a - Vicinity Map
b - COUNCIL READING FILE - Plans & Special Provisions
c - Notice Letter dated September 30, 2019
Council Minutes
City Hall, 990 Palm Street, San Luis Obispo
CALL TO ORDER
Tuesday, November 19, 2019
Regular Meeting of the City Council
A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday,
November 19, 2019 at 5:30 p.m. in the Council Hearing Room, located at 990 Palm Street, San
Luis Obispo, California, by Vice Mayor Andy Pease.
ROLL CALL
Council Members
Present: Council Members Carlyn Christianson, Aaron Gomez, Erica A. Stewart, and
Vice Mayor Andy Pease.
Absent: Mayor Heidi Harmon
City Staff
Present: Shelly Stanwyck, Assistant City Manager; Christine Dietrick, City Attorney; and
Teresa Purrington, City Clerk; were present at Roll Call. Other staff members
presented reports or responded to questions as indicated in the minutes.
PUBLIC COMMENT ON CLOSED SESSION ITEMS
None.
End of Public Comment---
CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION
Paragraph (1) of subdivision ( d) of Government Code § 54956.9; Name of case: Donald Clyde
Baer, an incompetent person by and through his Guardian ad Litem Jennifer L. Baer-Riedhart,
and Carolyn Baer, an incompetent person by and through her Guardian ad Litem Jennifer L.
Baer-Riedhart, v. City of San Luis Obispo; Carolyn Margaret Fergoda; and Does I through
JOO; San Luis Obispo Superior Court Case No. 18CV-0471.
ADJOURN AT 5:55 P.M. TO THE REGULAR MEETING OF TUESDAY, NOVEMBER
19, 2019 IN THE COUNCIL CHAMBER, 990 PALM STREET, SAN LUIS OBISPO,
CALIFORNIA
San Luis Obispo Page I
San Luis Obispo City Council Minutes of November 19, 2019 Page 2
CALL TO ORDER
A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday,
November 19, 2019 at 6:00 p.m. in the Council Chamber, located at 990 Palm Street, San Luis
Obispo, California, by Vice Mayor Andy Pease.
ROLL CALL
Council Members
Present: Council Members Carlyn Christianson, Aaron Gomez, Erica A. Stewart, and Vice
Mayor Andy Pease.
Council Members
Absent: Mayor Heidi Harmon
City Staff
Present: Shelly Stanwyck, Assistant City Manager; Christine Dietrick, City Attorney; and
Teresa Purrington, City Clerk; were present at Roll Call. Other staff members
presented reports or responded to questions as indicated in the minutes.
PLEDGE OF ALLEGIANCF.
Council Member Christianson led the Pledge of Allegiance.
CITY ATTORNEY REPORT ON CLOSED SESSION
City Attorney Dietrick stated that the Council met in Closed Session regarding one matter of
existing litigation in the matter of Baer-Riedhart, v. City of San Luis Obispo; Carolyn Margaret
Fergoda; and Does 1 through 100 there was no reportable action.
PRESENTATIONS
1. INTRODUCTION OF ADMINISTRATIVE ANALYST FOR UTILITIES -KELLY
MATTOS
Utilities Director Aaron Floyd introduced Kelly Mattos, the new Administrative Analyst for
the Utilities Department.
APPOINTMENTS
2. APPOINTMENT TO THE ACTIVE TRANSPORTATION COMMITTEE
City Clerk Teresa Purrington presented an overview of the report.
Public Comments:
None
End of Public Comments---
ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY
COUNCIL MEMBER STEWART, CARRIED 4-0-1 (MAYOR HARMON ABSENT) to
approve the appointment of Donnette Donaway to the Active Transportation Committee.
PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA
Kris Roudebush
Susan McMiller
Alec Flatos
Kylie Clark
End of Public Comment---
CONSENT AGENDA
Item #8 pulled from Consent by Council Member Christianson
Page 3
ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL
MEMBER GOMEZ, CARRIED 4-0-1 (MAYOR HARMON ABSENT) to approve Consent
Calendar Items 3 thru 7 and 9 thru 12.
PUBLIC COMMENT
Item 5 -Kylee Clark
3. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES
CARRIED 4-0-1 (MAYOR HARMON ABSENT), to waive reading of all resolutions and
ordinances as appropriate.
4. DRAFT MINUTES REVIEW -NOVEMBER 12, 2019 CITY COUNCIL MEETING
CARRIED 4-0-1 (MAYOR HARMON ABSENT), to approve the minutes ofthe City Council
meeting held on November 12, 2019.
5. CONSIDERATION OF THE HUMAN RELATIONS COMMISSION'S
RECOMMENDED PRIORITIES FOR THE 2020-21 COMMUNITY
DEVELOPMENT BLOCK GRANT AND GRANTS-IN-AID PROGRAMS
CARRIED 4-0-1 (MAYOR HARMON ABSENT) to approve the Community Development
Block Grant and Grants-in-Aid funding priorities for the 2020-21 funding year, as
recommended by the Human Relations Commission.
6. 2019-20 FIRST QUARTER FINANCIAL REPORT
CARRIED 4-0-1 (MAYOR HARMON ABSENT) to receive an update on the status of the
current financial position, Major City Goals, and CIP projects for the first quarter of Fiscal
Year 2019-20. The City's Financial Reporting and Budget Administration policy for interim
reporting requires that staff prepare and issue a formal quarterly report to the Council.
San Luis Obispo City Council Minutes of November 19, 2019 Page 4
7. AMENDMENT #2 TO THE CURRENT AGREEMENT FOR JOINT
CONSTRUCTION AND FINANCING COSTS FOR AN ANIMAL SERVICES
FACILITY
CARRIED 4-0-1 (MAYOR HARMON ABSENT) to authorize the City Manager to approve
Amendment #2 to the Agreement for Allocation of Construction and Financing Costs for an
Animal Services Shelter.
8. HIGUERA STREET SIDEWALK REPAIR, SPECIFICATION NO. 91320
Council Member Gomez recused himself as his business is within 500 feet of the property.
CARRIED 3-0-1-1 (COUNCIL MEMBER GOMEZ RECUSED AND MAYOR HARMON
ABSENT) to:
1. Approve construction documents for "Higuera Street Sidewalk Repair, Specification No.
91320"; and
2. Authorize Staff to advertise for bids and authorize the City Manager to award the
construction contract, if the lowest responsible bid is within the Engineer's estimate of
295,000.
3. And, directing stajfto send out the Notice of Correction to the property owner, requiring
the owner to start the sidewalk replacement work and pursue diligently until complete. If
the Property Owner fails to start this work within two weeks, the City could then complete
the necessary work. Upon completion of this work, the final cost of the work would be
presented to City Council in a Public Hearing in which City Council would make the final
determination on whether to lien the property to eventually obtain reimbursement for this
cost.
9. MARSH STREET BRIDGE REPLACElVfENT EASEMENTS, SPECIFICATION NO.
90480
CARRIED 4-0-1 (MAYOR HARMON ABSENT,) to:
1. Authorize the City Manager to execute an extension agreement with 1042 Pacific Street,
a California General Partnership, for a temporary construction easement at 1042 Pacific
Street; and
2. Authorize the City Manager to execute an extension agreement with Charles Zanoli,
Surviving Trustee, for a temporary construction easement at 1043 Marsh St.; and
3. Authorize the City Manager to execute an extension agreement with the Maino Family
Trusts for temporary construction easements at 1020 & 1080 Marsh St.
10. INTEGRATED REGIONAL WATER MANAGEMENT (IRWM) GRANT FUNDING
FOR THE WATER RESOURCE RECOVERY FACILITY
CARRIED 4-0-1 (MAYOR HARMON ABSENT), to adopt a Resolution No. 11061 (2019
Series) entitled, "A Resolution of the City Council of the City of San Luis Obispo, California,
accepting a grant from the San Luis Obispo County Flood Control and Water Conservation
District" in the amount of $1,314,530 for the construction of the Membrane Bioreactor and
Ultraviolet Disinfection processes for the Water Resource Recovery Facility project.
San Luis Obispo City Counci.l Minutes ofNovember l9, 2019 Page 5
11. AUTHORIZE 2019 AIR POLLUTION CONTROL DISTRICT GRANT
APPLICATION TO SUPPORT PROCUREMENT OF INFRASTRUCTURE NEEDED
TO TRANSITION TO ZERO EMISSION TRANSIT VEHICLES
CARRIED 4-0-1 (MAYOR HARMON ABSENT) to:
1. Authorize the Public Works Director, or their designee, to execute and file grant
applications with the Air Pollution Control District (APCD) for transit projects and to
execute any related grant applications, certifications, assurances, forms, agreements, and
associated documents on behalf of the City; and
2. Approve a Transit Budget Amendment to increase the budget reflecting these grant funds,
if awarded.
12. COUNCIL CHAMBER AUDIO/VIDEO REPLACEMENT PROJECT,
SPECIFICATION NO. 100120
CARRIED 4-0-1 (MAYOR HARMON ABSENT) to increase the amount the City Manager
is authorized to award from $200,000 to $230,000 for a contract if the lowest responsible bid
is within the approved project budget of $230,000 from the City's Share of the Public,
Educational, and Government (PEG) funds .
PUBLIC HEARING ITEMS AND BUSINESS ITEMS
13. REVIEW OF THE PROPOSED ANNEXATION OF APPROXIMATELY 39 ACRES
OF PROPERTY {30 PARCELS} ALONG FIERO LANE AND CLARION COURT AND
ASSOCIATED INFRASTRUCTURE IMPROVEMENTS, INCLUDING APPROVAL
OF THE SECOND AMENDMENT TO THE MEMORANDUM OF AGREEMENT
REGARDING THE PROPOSED ANNEXATION, AND ADOPTION OF AN INITIAL
STUDY/MITIGATED NEGATIVE DECLARATION TIERED FROM THE FINAL
PROGRAM ENVIRONMENTAL IMPACT REPORT FOR THE AIRPORT AREA
AND MARGARITA AREA SPECIFIC PLANS AND RELATED FACILITIES
MASTER PLANS {SCH#2000051062} {PL-ANNX-1166-2015; EID-0626-2019
Council Members Gomez noted his Ex Parte Communications regarding the project. Council
Members Stewart, and Christianson and Vice Mayor Pease reported having no Ex Parte
Communications.
Community Development Director Michael Codron, Senior Planner Shawna Scott and
Contract Planner Dave Watson provided an in-depth staff report and responded to Council
questions.
Rob Miller, Wallace Group, indicated that they support staffs recommendation and is
available for questions.
Public Comments:
Matt Quaglino
Carol Florence
End of Public Comment---
San Luis Obispo City Council Minute of November 19. 2019 Page6
ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY
COUNCIL MEMBER GOMEZ, CARRIED 4-0-1 (MAYOR HARMON ABSENT) to adopt
Resolution No. 11062 (2019 Series) entitled "A Resolution of the City Council of the City of
San Luis Obispo, California, approving application for the Annexation of the Fiero Lane and
Clarion Court Properties (Fiero Lane Water Company, FLWC) to the City of San Luis Obispo
and the associated second amendment to the Memorandum of Agreement, with Adoption of
an Initial Study/Mitigated Negative Declaration (Multiple Properties, 850 Fiero Lane, Primary;
PL-ANNX-1166-2015, EID-0626-2019)" to:
1. Approve and authorize the Mayor to execute the Second Amendment to the Memorandum
of Agreement for the Annexation of the Fiero Lane/Clarion Court area, which incorporates
conditions of annexation as recommended by the Planning Commission; and
2. Approve the filing of an application and request for San Luis Obispo Local Agency
Formation Commission (LAFCo) to initiate proceedings for annexation of the Fiero Lane-
Clarion Court area; and
3. Direct the Community Development Director to process the application; and
4. Authorize City Manager to execute documents in a form approved by the City Attorney
related to the annexation of the subject lands to the City of San Luis Obispo; and
5. Authorize the City Manager to initiate tax negotiations with the County of San Luis
Obispo; and
6. A<lopl lht: associaku Inilial Study I Mitigated Negative Declaration for the annexation,
which tiers off the certified Final Environmental Impact Report for the Airport Area and
Margarita Area Specific Plans and Related Facilities Master Plans (SCH# 2000051062).
14. WATER ENERGY EFFICIENCY PROJECT
Utilities Director Aaron Floyd and Utilities Deputy Director of Water Mychal Boerman
please present the report
Public Comments:
None
End of Public Comment---
ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY
COUNCIL MEMBER STEWART, CARRIED 4-0-1 (MAYOR HARMON ABSENT) to:
1. Receive the Water Energy Efficiency Project Investment Grade Audit.
2. Authorize the City Manager to execute a Work Order, upon approval of the City Attorney
as to form, to enter into agreement with PG&E for implementation of the Water Energy
Efficiency Project (Project) at a not to exceed cost of $13,999,644.
3. Approve Resolution No. 11063 (2019 Series) entitled "A Resolution of the City Council
of the City of San Luis Obispo, California, authorizing use of Water Fund unreserved
working capital for the Water Energy Efficiency Project" to provide adequate cash flow
when considered necessary for Project implementation and authorize the Finance Director
to execute any and all certificates, contracts, and other documents necessary to secure
project financing.
San Luis Obi po City Council Minutes ofNovember 19. 2019 Page 7
COUNCIL COMMUNICATIONS AND LIAISON REPORTS
Council Member Christianson attended the Transitions Mental Health and Housing Authority of
San Luis Obispo grand opening of the Bishop Street Studios project.
ADJOURNMENT
The meeting was adjourned at 7:23 p.m. The next Regular City Council Meeting is scheduled for
Tuesday, December 3, 2019 at 4:30 and 6:00 p.m., in the Council Chamber, 990 Palm Street, San
Luis Obispo, California.
APPROVED BY COUNCIL: 12/03/2019
eresa Purrington
City Clerk