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Home My WebLink About09-16-14 Amended Special + Regular Meeting Agenda Web City of San Luis Obispo, Council Agenda, City Hall, 990 Palm Street, San Luis Obispo Tuesday, September 16, 2014 AMENDED AGENDA-Closed Session Item Added 4:00 PM SPECIAL MEETING Council Chambers 990 Palm Street CALL TO ORDER: Mayor Jan Marx ROLL CALL: Council Members John Ashbaugh, Dan Carpenter, Kathy Smith, Vice Mayor Carlyn Christianson, and Mayor Jan Marx PUBLIC HEARING PH1. AUTHORIZATION TO ISSUE UP TO $8,305,000.00 PAR VALUE LEASE REVENUE BONDS FOR THE EXPANSION OF THE LOS OSOS VALLEY ROAD (LOVR)/HIGHWAY 101 OVERPASS - RESOLUTION (PADILLA – 30 MINUTES) Recommendation Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing the issuance, sale and delivery of San Luis Obispo Public Financing Authority Lease Revenue Bonds; the execution and delivery of a Continuing Disclosure Certificate, a Site Lease and a Facility Lease; the preparation and distribution of a Preliminary and Final Official Statement; and certain other actions in connection therewith.” AT THIS POINT IN THE MEETING, RECESS TO THE PUBLIC FINANCING AUTHORITY San Luis Obispo - Regular Meeting Agenda of September 16, 2014 Page 2 BUSINESS ITEM B1. APPEAL OF THE DIRECTOR OF PUBLIC WORKS’ DECISION DENYING BID PROTESTS FILED BY JOHN MADONNA CONSTRUCTION, INC./SOUZA CONSTRUCTION, INC. AND (IF FILED) CALPORTLAND CONSTRUCTION COMPANY - CONTRACT AWARD FOR US 101/LOS OSOS VALLEY ROAD INTERCHANGE IMPROVEMENTS PROJECT, SPECIFICATION NO. 99821 - RESOLUTION (GRIGSBY/ ROWLAND/BENNECKE – 30 MINUTES) Recommendation 1. Adopt a Resolution denying the appeal of the Public Works Director’s denial of a bi d protest filed by John Madonna Construction – Souza Construction, Inc. for award of the Los Osos Valley Road Interchange Project, Specification No. 99821. 2. Subject to determination of appeal, award a contract to Granite Construction of Santa Barbara, California, in the amount of $16,571,129.84 for the US 101/LOVR Interchange Project, Specification No. 99821. 3. Authorize the City Engineer to be responsible for construction contract change orders for the US 101/LOVR Interchange Project in any amount with the limitation that the sum total of all contract change orders not exceeds the contingency budget amount of $1,250,000. ADJOURN TO THE SPECIAL CLOSED SESSION OF SEPTEMBER 16, 2014 SPECIAL MEETING Council Hearing Room 990 Palm Street CALL TO ORDER: Mayor Jan Marx ROLL CALL: Council Members John Ashbaugh, Dan Carpenter, Kathy Smith, Vice Mayor Carlyn Christianson, and Mayor Jan Marx PUBLIC COMMENT ON CLOSED SESSION ITEM CLOSED SESSION – Based on the advice from the City Attorney, discussion in open session of the following described matters would prejudice the position of the City in existing and anticipated litigation. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: No. of potential cases: One; Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: No. of potential cases: One. ADJOURN TO REGULAR MEETING OF SEPTEMBER 16, 2014 San Luis Obispo - Regular Meeting Agenda of September 16, 2014 Page 3 6:00 p.m. REGULAR MEETING Council Chamber 990 Palm Street CALL TO ORDER: Mayor Jan Marx ROLL CALL: Council Members John Ashbaugh, Dan Carpenter, Kathy Smith, Vice Mayor Carlyn Christianson, and Mayor Jan Marx PLEDGE OF ALLEGIANCE: Council Member Ashbaugh CITY ATTORNEY REPORT ON CLOSED SESSION PRESENTATIONS A. PROCLAMATION – ADULT LITERACY AWARENESS MONTH Presentation of a Proclamation proclaiming September 2014 as “Adult Literacy Awareness Month.” B. PROCLAMATION – FIRE PREVENTION WEEK Presentation of a Proclamation proclaiming October 5-11, 2014 as “Fire Prevention Week.” C REGIONAL TRANSIT AUTHORITY RUNABOUT FARE INCREASE PROPOSAL Presentation by Geoff Straw, Executive Director, regarding the San Luis Obispo Regional Transit Authority’s proposed Runabout fare increase. PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA (not to exceed 15 minutes total) The Council welcomes your input. You may address the Council by completing a speaker slip and giving it to the City Clerk prior to the meeting. At this time, you may address the Council on items that are not on the agenda. Time limit is three minutes. State law does not allow the Council to discuss or take action on issues not on the agenda, except that members of the Council or staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights (Gov. Code Sec. 54954.2). Staff may be asked to follow up on such items. San Luis Obispo - Regular Meeting Agenda of September 16, 2014 Page 4 CONSENT AGENDA A member of the public may request the Council to pull an item for discussion. Pulled items shall be heard at the close of the Consent Agenda unless a majority of the Council chooses another time. The public may comment on any and all items on the Consent Agenda within the three minute time limit. C1. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES Recommendation Waive reading of all resolutions and ordinances as appropriate C2. MINUTES OF CITY COUNCIL MEETING OF AUGUST 19, 2014 (MEJIA) Recommendation Approve the Minutes of the City Council meeting of August 19, 2014, as presented. C3. MILLS ACT CONTRACT FOR THE SNYDER BUILDING AT 774 MARSH STREET – RESOLUTION (JOHNSON/OETZELL) Recommendation Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, approving an Historic Property Preservation Agreement between the City of San Luis Obispo and owners of the Snyder Building at 774 Marsh Street (CHCMA 88-14).” C4. ADDITION OF THE CONTRIBUTING HISTORIC RESIDENCE AT 1152 BUCHON STREET TO THE MASTER LIST OF HISTORIC RESOURCES AS THE HISTORIC “CHARLES E. STRICKLAND HOUSE” – RESOLUTION (JOHNSON/OETZELL) Recommendation Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, adding the property at 1152 Buchon Street to the Master List of Historic Resources as the ‘Charles E. Strickland House’ (CHC 51-13).” San Luis Obispo - Regular Meeting Agenda of September 16, 2014 Page 5 C5. PUBLIC ART DESIGN MODIFICATIONS FOR THE PORTOLA FOUNTAIN AT THE INTERSECTION OF HIGUERA AND MARSH STREETS (STANWYCK/ MUDGETT) Architectural Review Commission Recommendation Approve the public art design modifications for the Portola Fountain project to be located at the intersection of Higuera and Marsh Streets, Specification No. 90455. C6. LIMITATION OF OUTDOOR IRRIGATION OF ORNAMENTAL LANDSCAPING OR TURF WITH POTABLE WATER TO THREE DAYS A WEEK – RESOLUTION (MATTINGLY/MUNDS) Recommendation Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, implementing mandatory restrictions on the outdoor irrigation of ornamental landscapes or turf with potable water.” C7. AMENDMENT TO COOPERATION AGREEMENT WITH THE COUNTY OF SAN LUIS OBISPO REGARDING CITY PARTICIPATION IN THE URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FEDERAL PROGRAM FOR FISCAL YEARS 2015-2017 – RESOLUTION (JOHNSON/ COREY) Recommendation Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, approving a Cooperation Agreement between the City and County of San Luis Obispo to recognize joint participation in the Urban County Grant Program for Fiscal Years 2015-2017.” PUBLIC HEARINGS PH2. APPEAL OF DENIAL FOR AN ENCROACHMENT PERMIT FOR SIDEWALK REPLACEMENT AT 779-787 HIGUERA STREET – RESOLUTION (GRIGSBY/ LYNCH/HANNULA – 30 MINUTES) Recommendation Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, denying an appeal of the Public Works Director’s decision to deny an Encroachment Permit for sidewalk replacement at 779, 781, 785 and 787 Higuera Street (Permit No. 140245).” San Luis Obispo - Regular Meeting Agenda of September 16, 2014 Page 6 PH3. LAND USE AND CIRCULATION ELEMENT UPDATE PROJECT (LUCE): CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT AND ADOPTION OF A STATEMENT OF OVERRIDING CONSIDERATION RELATIVE TO AIR QUALITY, NOISE AND TRAFFIC/CIRCULATION IMPACTS; CONSIDERATION OF THE GENERAL HOSPITAL AND BISHOP KNOLLS FOCUS AREAS OF CHAPTER 8 OF THE LAND USE ELEMENT; AND CLOSE OUT OF THE SUSTAINABLE COMMUNITIES PLANNING GRANT FOR THE LUCE UPDATE PROJECT – RESOLUTIONS (JOHNSON/ KAISER/LEVEILLE – 180 MINUTES) Planning Commission Recommendation 1. Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, certifying the Final Programmatic Environmental Impact Report (EIR) prepared for the Land Use and Circulation Element (LUCE) Update Program (Application #GPI/ER 15-12),” with findings of overriding consideration relative to Air Quality, Noise, and Transportation/Circulation. 2. Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, approving new policy language in the draft Land Use Element related to the General Hospital Area (GPI 15-12).” 3. Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, approving new policy language in the draft Land Use Element related to the North Side of Foothill (Bishop Knoll) Area (GPI 15-12).” Recommendation Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, adopting and certifying as accurate the Final Plan Report and directing staff to submit the report to the Strategic Growth Council to close out Grant 3010-532 to discharge grant obligations for the Land Use and Circulation Elements (LUCE) Update (#GPI/ER 15-12).” COUNCIL LIAISON REPORTS (not to exceed 15 minutes) Council Members report on conferences or other City activities. Time limit - 3 minutes. COUNCIL COMMUNICATIONS (not to exceed 15 minutes) At this time, any Council Member or the City Manager may ask a question for clarification, make an announcement, or report briefly on his or her activities. In addition, subject to Council Policies and Procedures, they may provide a reference to staff or other resources for factual information, request staff to report back to the Council at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda. (Gov. Code Sec. 54954.2) San Luis Obispo - Regular Meeting Agenda of September 16, 2014 Page 7 ADJOURNMENT Adjourn to a Special Meeting to be held on Tuesday, September 23, 2014 at 5:00 p.m. in the City Council Chambers, 990 Palm Street, San Luis Obispo, California, for discussion of labor relation objectives. A subsequent Special Meeting will be held on Tuesday, September 30, 2014 at 5:00 p.m. in the City Council Chambers, 990 Palm Street, San Luis Obispo, California, for discussion of the Land Use and Circulation Element. The next Regular Meeting will be held on Tuesday, October 7, 2014 at 6:00 p.m. in the City Council Chambers located at 990 Palm Street, San Luis Obispo, California. LISTENING ASSISTIVE DEVICES are available for the hearing impaired--please see City Clerk. The City of San Luis Obispo wishes to make all of its public meetings accessible to the public. Upon request, this agenda will be made available in appropriate alternative formats to persons with disabilities. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk’s Office at (805) 781-7100 at least 48 hours before the meeting, if possible. Telecommunications Device for the Deaf (805) 781-7107. City Council regular meetings are televised live on Charter Channel 20. Agenda related writings or documents provided to the City Council are available for public inspection in the City Clerk’s Office located at 990 Palm Street, San Luis Obispo, during normal business hours, and on the City’s website www.slocity.org. Persons with questions concerning any agenda item may call the City Clerk’s Office at (805) 781 -7100.