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city of san Luis osispo
SPECIAL AND REGULAR MEETING OF THE CITY COUNCIL
Tuesday, April 15, 2014
Special Meeting — 4:00 p.m.
Regular Meeting — 6:00 p.m.
Council Chamber, 990 Palm Street
San Luis Obispo, California
CALL TO ORDER
A Special Meeting of the San Luis Obispo City Council was called to order on
Tuesday, April 15, 2014 at 4:00 p.m. in the City Council Chambers, located at
990 Palm Street, San Luis Obispo, California, by Mayor Marx.
ROLL CALL
Council Members
Present: Council Members Dan Carpenter, Kathy Smith, Vice Mayor Carlyn
Christianson, and Mayor Jan Manx
Council Member
Absent: None
City Staff
Present: Katie Lichtig, City Manager, Christine Dietrick, City Attorney,
Michael Codron, Assistant City Manager, and Anthony Mejia, City
Clerk, were present at Roll Call. Other staff members presented
reports or responded to questions as indicated in the minutes.
BUSINESS ITEM
131.
MEMBERSHIP IN THE CALIFORNIA JOINT POWERS INSURANCE
AUTHORITY ( CJPIA)
Human Resources Director Irons, Human Resource Manager Zocher, and
Tom Sinclair, of Municipal Resources Group, narrated a PowerPoint
presentation entitled "Alternatives to City Membership in California Joint
Powers Insurance Authority" and responded to Council inquires.
t Alex Smith, CJPIA Finance Director, advised that the CJPIA recently
switched to a prospective funding model in an effort to raise fund
confidence.
City Council Meeting Minutes — April 15, 2014
Page 2
In response to Council inquiry, Human Resources Director Irons explained
that the City will partner with the CJPIA to identify areas of focus in an 1
effort to reduce costs.
MOTION BY COUNCIL MEMBER SMITH, SECOND BY COUNCIL
MEMBER ASHBAUGH, CARRIED 5 -0, to continue membership in the
CJPIA for Liability and Workers' Compensation self - insurance programs.
B2. OPTIONS FOR PAYING DOWN PENSION LIABILITIES
Finance and Information Technology Director Padilla and Barbara Ware,
CalPERS Actuary, narrated a PowerPoint presentation entitled
"Presentation on Paying Down Liabilities" and responded to Council
inquires.
Steve Barasch, member of the Investment Oversight Committee,
expressed support for paying down pension liabilities, noting that it will
result in greater savings.
Michael Boudreau, San Luis Obispo, narrated a presentation related.to
pension liabilities; voiced concems regarding the raising costs of retiree
pension costs
John Grady, San Luis Obispo, stressed the importance of paying down the ,
pension liabilities; suggested the possibility of issuing pension bonds.
Following discussion, MOTION BY COUNCIL MEMBER ASHBAUGH,
SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 4 -1 (COUNCIL
MEMBER CARPENTER VOTING NO), to utilize $2,065,000 of the $3.0
million General Fund Reserve set -aside to pay off the retrospective
deposit liability with the California Joint Powers Insurance Agency ( CJPIA)
and use the remaining $935,000 to make a partial prepayment of the
CalPERS Safety side fund liability.
ADJOURNMENT
Council adjourned the Special Meeting at 5:35 p.m.
CALL TO ORDER
A Regular Meeting of the San Luis Obispo City Council was called to order on
Tuesday, April 15, 2014 at 6:00 p.m. in the City Council Chambers, located at
990 Palm Street, San Luis Obispo, California, by Mayor Marx.
PLEDGE OF ALLEGIANCE . 1
Council Member Smith led the Pledge of Allegiance.
City Council Meeting Minutes — April 15, 2014
Page 3
PROCLAMATION — HOLOCAUST DAYS OF REMEMBRANCE
' Mayor Marx presented a proclamation to Kayla Plourdes from the Congregation
Beth David proclaiming Sunday, April 27, 2014 through Sunday, May 4, 2014 as
"Days of Remembrance" in honor of the victims of the Holocaust, the survivors,
the rescuers, and the liberators.
PROCLAMATION — SAFE DIGGING MONTH
Mayor Marx presented a proclamation to PG &E Representative Eric Daniels
proclaiming April 2014 as "Safe Digging Month."
PROCLAMATION — ARBOR DAY
Mayor Marx presented a proclamation to City Arborist Ron Combs proclaiming
Saturday, April 19, 2014 as "Arbor Day."
PUBLIC COMMENT
Ken Schwartz, San Luis Obispo, submitted a petition of former Mayors and
Council Members supporting Cal Poly's efforts to increase the number of
students housed on campus.
' Dodie Williams, San Luis Obispo, stated that the signers of the petition reflect the
majority of citizens; spoke on the need for Council to protect neighborhoods and
historic structures.
Council directed staff to forward the petition submitted by Ken Swartz and Doddie
Williams to representatives of Cal Poly.
Gordon Mullin, San Luis Obispo, voiced concern regarding the community
impacts from Cal Poly student population growth; noted that Cal Poly and the
City should work in partnership in the timing and location of future student
housing.
Paul Allen, San Luis Obispo, conveyed support of Mr. Swartz comments and
petition; voiced concerns regarding the Cal Poly student housing project.
Hamzah Ramadan, representing Cal Poly Student Government, submitted a
letter in support of the Cal Poly student housing project; stated that students
desire to work collaboratively with the community.
Lea Brooks, San Luis Obispo, urged Council to move forward with submitting a
local revenue ballot measure; voiced disappointment that Council Member
Carpenter previously criticized the recommendations from the Local Revenue
Measure Committee.
City Council Meeting Minutes —April 15, 2014 Page 4
Carl Dudley, San Luis Obispo, discouraged negative rhetoric towards city
administration, noting that salaries have been reduced by 7 %; voiced support for 1
allowing the voters to consider a renewal of Measure Y.
Don Hedrick, San Luis Obispo, questioned the accuracy of past election results;
asserted that City officials have been under investigation in relation to elections.
Rick Storni, San Luis Obispo, asserted that he is being harassed by a
Neighborhood Wellness Specialist and urged Council to investigate the
administration of the program.
Jeff Speck, San Luis Obispo, voiced concern that the police officers are
harassing the homeless; urged Council to replace the City Manager.
Patty Andreen, San Luis Obispo, spoke in support of a general revenue tax
measure, noting that a special tax measure is subject to the lobbying of special
interest groups; urged Council to work in partnership with Cal Poly to address
student housing needs.
Eric Meyer, San Luis Obispo, urged Council to re- agendize consideration of
renewal of Measure Y for further discussion.
Kevin Rice, San Luis Obispo, voiced concerns regarding the administration of the 1
neighborhood wellness program; requested that Council disclose the City
Attorney's memo related the Measure Y and the provision that Charter cities can
submit a fiscal ballot measure by a majority of Council.
Dominic Tartaglia, representing the Downtown Association, recommended that
Council move forward with a general purpose tax measure on the November
2014 ballot.
Council directed staff to return to Council on May 6, 2014, with proposed ballot
language on a local revenue sales tax measure and an analysis on the
procedural requirements for submitting said measure to the voters.
CONSENT AGENDA
Council Member Carpenter recused himself from deliberation on Item C -5
(Johnson Avenue Waterline Replacement) because he owns property within 500'
of the subject project; left the Chambers.
MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR
CHRISTIANSON, CARRIED 4 -0 (COUNCIL MEMBER CARPENTER
ABSTAINING), to approve Consent Calendar Item C5.
Council Member Carpenter returned to the dais. t
City Council Meeting Minutes — April 15, 2014
Page 5
MOTION BY VICE MAYOR CHRISTIANSON, SECOND BY COUNCIL MEMBER
ASHBAUGH, CARRIED 5 -0, to approve Consent Calendar Items C1 thru C8,
with the exception of Item C9 for separate consideration.
MOTION BY VICE MAYOR CHRISTIANSON, SECOND BY COUNCIL MEMBER
SMITH, CARRIED 5 -0, to approve Consent Calendar Items C1 thru C5.
C1. WAIVE. READING IN FULL OF ALL RESOLUTIONS AND
ORDINANCES
MOTION BY VICE MAYOR CHRISTIANSON, SECOND BY COUNCIL
MEMBER ASHBAUGH, CARRIED 5 -0, to waive reading of all resolutions
and ordinances as appropriate.
C2. MINUTES OF MARCH 4, 2014. MARCH 10, 2014.
MOTION BY VICE MAYOR CHRISTIANSON, SECOND BY COUNCIL
MEMBER ASHBAUGH, CARRIED 5 -0, to waive oral reading and approve
the minutes of the City Council Meeting of March 10, 2014 and March 4,
2014, as presented.
C3. REQUEST FOR PROPOSALS TO FURNISH JANITORIAL
MAINTENANCE SERVICES
MOTION BY VICE MAYOR CHRISTIANSON, SECOND BY COUNCIL
MEMBER ASHBAUGH, CARRIED 5 -0, to:
C4.
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1. Approve the specifications for Janitorial Maintenance Services,
Specification No. 91274.
2. Authorize staff to distribute the Request for Proposals for Janitorial
Maintenance Services, Specification No. 91274.
3. Authorize the City Manager to execute an agreement if contract prices
are within the available annual budget of $249,500 for janitorial services.
MOTION BY VICE MAYOR CHRISTIANSON, SECOND BY COUNCIL
MEMBER ASHBAUGH, CARRIED 5 -0, to approve adopt a adopt
Resolution No. 10517 (2014 Series) entitled "A Resolution of the City
Council of the City of San Luis Obispo, California, amending the
Promotional Coordinating Committee Bylaw."
City Council Meeting Minutes — April 15, 2014 Page 6
C5. JOHNSON AVENUE 16 -INCH WATERLINE REPLACEMENT PHASE 1 -
SPECIFICATION NO. 91192 '
MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE
MAYOR CHRISTIANSON, CARRIED 4 -0 -1 (COUNCIL MEMBER
CARPENTER ABSTAINING), to:
1. Approve plans and specifications for the Johnson Avenue 16 -inch
Waterline Phase 1 Project, Specification No. 91192.
2. Approve the release of the Johnson Avenue 16 -inch Waterline Phase 1
Project under the 2010 City Standard Specifications and Engineering
Standards.
3. Authorize staff to advertise for bids and authorize the City Manager to
award the contract if the lowest responsible bid is within the Engineer's
Estimate of $900,000.
C6. WATER RESOURCE RECOVERY FACILITY 4 -WHEEL DRIVE
TRACTOR- LOADER - SPECIFICATION NO.. 91221
MOTION BY VICE MAYOR CHRISTIANSON, SECOND BY COUNCIL
MEMBER ASHBAUGH, CARRIED 5 -0, to: 1
1. Approve the use of Cooperative Purchasing Agreement with National
Joint Powers Alliance (NJPA) five -year Contract #060311 -NAF through
Quinn Caterpillar, effective January 17, 2012, for the purchase of one
Caterpillar Wheel Loader.
2. Authorize the Finance Director to execute a purchase order to Quinn
Caterpillar of Santa Maria, California in the amount of $158,988 for a
Caterpillar IT14G2 Wheel Loader and attachments from the 2013 -14
vehicle purchase account.
3. Authorize the surplus designation of the Wheel Loader, Fleet Asset No.
9406 by sale, auction, trade -in or other method in accordance with the
City's policies and procedures as prescribed in the Financial
Management Manual Section 405 -L and 480.
C7. DESIGNATION OF SURPLUS FLEET EQUIPMENT
MOTION BY VICE MAYOR CHRISTIANSON, SECOND BY COUNCIL
MEMBER ASHBAUGH, CARRIED 5 -0, to authorize the surplus
designation of approximately: 25 wheels; 70 used or outdated tires; and a
Sun 450 vehicle diagnostics machine by sale, auction, trade -in or other
method in accordance with the City's policies and procedures as
prescribed in the Financial Management Manual Section 405 -L and 480.
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City Council Meeting Minutes — April 15, 2014 Page 7
C8. LOS OSOS VALLEY ROAD INTERCHANGE AGREEMENTS WITH
CALTRANS
MOTION BY VICE MAYOR CHRISTIANSON, SECOND BY COUNCIL
MEMBER ASHBAUGH, CARRIED 5 -0,, to approve a Cooperative
Agreement and a Freeway Maintenance Agreement with the State of
California Department of Transportation (Caltrans) to allow for the
construction and maintenance of the Los Osos Valley Road interchange
project.
ITEMS REMOVED FROM THE CONSENT CALENDAR FOR DISCUSSION
C9. MODIFICATION OF 2014 COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) FUNDING ALLOCATIONS - RESOLUTION
Following clarification, MOTION BY COUNCIL MEMBER ASHBAUGH,
SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 4 -1 (COUNCIL
MEMBER CARPENTER VOTING NO), to adopt Resolution No. 10510
(2014 Series) entitled "A Resolution of the City Council of the City of San
Luis Obispo, California, approving the 2014 CDBG Program," which
modifies funding allocations for the 2014 Program Year based on the final
funding allocation from the U.S. Department of Housing and Urban
Development.
BUSINESS ITEMS
B3. SANTA ROSA SKATE.PARK PROJECT - RESOLUTION
Director of Public Works Grigsby, . Parks and Recreation Director
Stanwyck, Senior Civil Engineer Fraser and Recreation and Public Art
Program Manager Mudgett narrated a PowerPoint presentation entitled
"Santa Rosa Skate Park Project" and responded to Council inquires.
Individual members of Council announced they have had no ex parte
communications with representatives of the subject appeal; Vice Mayor
Christianson reported that she visited the websites of the bidding
companies.
Mark Butters, Appellant, representing Pickard and Butters, asserted that
his firm is the lowest responsive bidder on the Santa Rosa Skate Park
project; stated that the discrepancies related to past experience and
references are minor and should be waived by Council; spoke on his
experience working on other public works projects, including work on a
park, County Fair Grounds, and a school.
City Council Meeting Minutes — April 15, 2014
Page 8
Leslie Halls, SLO County Builders Exchange, recommended that the
project contract be awarded to Pickard and Butters, noting they are a local
company; opined that the discrepancies are minor and it is common for
second lowest bidders to file protest on public works projects.
Donald Hedrick, San Luis Obispo, voiced support for awarding contracts to
local companies; suggested that the skate park should have a space to
allow for spontaneous art to be created by local artist; opined that the
planned public art project is too expensive and funds could have been used
for a wider variety of art.
Joe Linden, Prowest Construction, noted that his firm is a local company
that has an office in Wildomar; spoke on h.is firms experience working on
public works projects and urged Council to award the project to his firm.
Steve Barasch, San Luis Obispo, noted that Council has the authority to
waive the minor discrepancies in public works contracts, pointing out the
lowest bid is $100,000 lower than staffs recommendation.
Mila Vuiovich -La Barre, San Luis Obispo, spoke in support of the skate
park, noting that it will be an asset for students and tourism; urged that the
Contractor utilize local and union workers.
City Engineer Lynch explained her rationale for recommending that
Pickard and Butters be determined as a non - responsive bidder, noting a
lack of required experience. In response to Council inquiry, Ms. Lynch
advised that the subject contract will contain a provision requiring
prevailing wage.
MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL
MEMBER SMITH, CARRIED 4 -1 (COUNCIL MEMBER CARPENTER
VOTING NO), to:
1. Deny Pickard & Butters Construction, Inc.'s appeal of the City
Engineer's determination that Pickard & Butters Construction, Inc. was
not the lowest, responsible responsive bidder.
2. Determine that ProWest Constructors of Wildomar, California is the
lowest responsible responsive bidder.
(Council action continued on next page)
J
City Council Meeting Minutes — April 15, 2014
Page 9
MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL
' MEMBER SMITH, CARRIED 4 -1 (COUNCIL MEMBER CARPENTER
VOTING NO), to:
1. Award a contract to ProWest Constructors of Wildomar, California in
the amount of $1,700,000.00 (Base Bid plus all additive alternates) for
the Santa Rosa Skate Park Project, Specification No. 90752 and
authorize the Mayor to execute the agreement.
2. Adopt Resolution No. 10511 (2014 Series) entitled "A Resolution of the
City Council of the City of San Luis Obispo, California, awarding the
contract for Santa Rosa Skate Park Project, Specification No. 90752."
MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL
MEMBER SMITH, CARRIED 5 -0, to:
1. Authorize the transfer of $100,000 from the project's construction
management phase to the construction phase.
2. Appropriate Public Art funds totaling $273,600 ($260,800 Public Art
Fund balance and $12,800 Public Art completed projects) into the
Santa Rosa Skate Park project budget, Specification No. 90752, for
public art.
3. Award a public art contract with Jed Joyce and John Jones in the
amount of $240,000 for the fabrication and installation of four steel tree
canopies and other artistic reliefs throughout the Santa Rosa Skate
Park facility, Specification No. 90752.
4. Authorize City Manager to amend the public art contract, in
accordance with approved fiscal policies, for public art lighting.
Council Member Smith recused herself from deliberation on Items PH-4, PH -5
and PH -6 because she owns property within 500' of the subject project; left the
Chambers at 7:57 p.m.
RECESS
Council recessed at 7:57 p.m. and reconvened at 8:11 p.m., with all Council
Members present, except Council Member Smith.
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City Council Meeting Minutes — April 15, 2014
Page 10
PUBLIC HEARINGS
PH4. REVIEW REVISED VESTING TENTATIVE MAP 2353 AND AMEND '
Community Development Director Johnson, Senior Planner Ricci, and
Public Works Deputy Director Bochum, narrated a PowerPoint
presentation entitled "Serra Meadows Project" and responded to Council
inquires.
Donald Hedrick, San Luis Obispo, expressed concern that trucks will be
unable to navigate roundabouts on Prado Road; voiced opposition to the
use of eminent domain for private development purposes.
Stephen Peck, . Project Manager for Mangano Homes, urged Council to
approve staffs recommendation; explained that Mangano Homes will work _
with neighboring property owners to resolve issues related to Prado Road;
Mark Anderson, Anderson Commercial, narrated a PowerPoint
presentation related to the . improvement of Prado Road; stated that the
proposed traffic movements on Prado Road are too complex; voiced
support for the Planning Commission's recommendations.
Mila Vuiovich -La Barre, . San Luis Obispo, opined that the Mangano
Homes should conduct an Environmental Impact Report to consider all
traffic impacts to Prado Road; voiced concerns related to traffic impacts
and health and safety due to trucks idling; voiced opposition to tax payer
support of private development projects.
Maureen Beaulieu, San Luis Obispo, spoke on the potential increase in
vehicular traffic trips, noting that it will negatively impacts traffic onto
Higuera Road.
Kyle Righetti, San Luis Obispo, suggested that consideration be given to
providing four lanes for through traffic on South Higuera between the
cemetery and DMV.
Jamiee Frankian, San Luis Obispo, voiced concern that there is no plan
for the Prado Road extension; recommended that a traffic study be
conduction prior to all phases of subject project.
In response to Council inquiry, Public Works Deputy advised that the
proposed conditions related to Prado Road provide staff with flexibility,
noting that requirements to complete Prado Road are subject to available ,
right of way; stated that trucks will be capable of navigating roundabouts;
noted that traffic after studies will be conducted to evaluate traffic impacts.
City Council Meeting Minutes — April 15, 2014
Page 11
Stephen Peck, Project Manager for Mangano Homes, explained that the
' proposed traffic movement map was not completed by a traffic engineer
and was created only to understand the needs of ongoing traffic
operations of the properties.
Following discussion, MOTION BY COUNCIL MEMBER ASHBAUGH,
SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 4 -0 -1
(COUNCIL MEMBER SMITH ABSTAINING), to adopt Resolution No.
10512 (2014 Series) entitled "A Resolution of the City Council of the City
of San Luis Obispo, California, approving a revised Vesting Tentative Map
and modifications to conditions of approval for Vesting Tentative Tract
Map 2353 (MOD/TR/ER 120 -13; 408 Prado Road)," with direction to
accurately reflect references to properties.
PH5. REVISED MARGARITA AREA IMPACT FEE CREDIT AGREEMENT
FOR PRADO ROAD EXTENSION — RESOLUTION
Community Development Director Johnson, Senior Planner Ricci, and
Public Works Deputy Director Bochum, narrated a PowerPoint
presentation entitled "Margarita Area Impact Fee Revised Credit
Agreement for Prado Road Extension" and responded to Council inquires.
Stephen Peck, representing Mangano Homes, urged Council to support
' staffs recommendation, opining that it is a fair deal.
Donald Hedrick, San Luis Obispo, suggested that the City invest its
investment portfolio in local projects and businesses.
Mila Vuiovich -La Barre, San Luis Obispo, voiced opposition to the use of
taxpayer dollars going to support private development; conveyed support
that Prado Road will be revisited in the future.
MOTION BY COUNCIL MEMBER CARPENTER, SECOND BY COUNCIL
MEMBER ASHBAUGH, CARRIED 4 -0 -1 (COUNCIL MEMBER SMITH
ABSTAINING), to:
1. Approve a Revised Reimbursement and Impact Fee Credit Agreement
with Rescal LLC for the purpose of reimbursing and crediting costs for
the construction of Prado Road improvements consistent with the
Margarita Area Specific Plan and Resolution No. 9776 and the
corresponding conditions of Vesting Tentative Tract Map No. 2353.
2. Adopt Resolution No. 10513 (2014 Series) entitled "A Resolution of the
City Council of the City of San Luis Obispo, California, authorizing the
' Finance and Information Technology Director to issue and interfund
loan for the purposes of constructing a portion of Prado Road for Tract
2342 and 2353."
City Council Meeting Minutes — April 15, 2014
Page 12
PH6. AMEND CONDITIONS OF APPROVAL FOR THE PREVIOUSLY
APPROVED VESTING TENTATIVE MAP (TRACT 2428) AND REVIEW '
OF AN .ADDENDUM TO THE PREVIOUSLY APPROVED MITIGATED
NEGATIVE DECLARATION (CITY FILE NOS. MOD/TR/ER 121 -13) -
RESOLUTION
Community Development Director Johnson, Senior Planner Ricci, and
Public Works Deputy Director Bochum, narrated a PowerPoint
presentation entitled "Vesting Tentative Tract Map #2428" and responded
to Council inquires.
Cindy Chambers, Wallace Group, voiced support for the use of fees to
construct a portion of Prado Road and urged Council support of staffs
recommendation.
Mila Vuiovich -La Barre, San Luis Obispo, noted that an Environmental
Impact Report has not been conducted for the northern alignment of
Prado Road; noted that a Chumash burial site is located on the property
and that the project may have impacts on the health and safety of nearby
students.
Donald Hedrick, San Luis Obispo, suggested that truck traffic be rerouted
to Industrial Way; voiced support for the construction of a bicycle path. 1
MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE
MAYOR CHRISTIANSON, CARRIED 4 -0 -1 (COUNCIL MEMBER SMITH
ABSTAINING), to adopt Resolution No. 10514 (2014 Series) entitled "A
Resolution of the City Council of the City of San Luis Obispo, California,
approving modifications to conditions of approval for Vesting Tentative
Tract Map 2428 (MOD/TR/ER 121 -13; 3000 Calle Malva)."
137. COUNCIL COMPENSATION COMMITTEE RECOMMENDATIONS -
RESOLUTION
Council directed the Council Compensation Committee to reconvene to
consider new data related to Council compensation and to return with its
recommendation at a future meeting.
LIAISON REPORTS
Council liaison reports were received from Council Members Ashbaugh and
Smith and Mayor Marx.
COUNCIL COMMUNICATIONS
None. I
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City Council Meeting Minutes — April 15, 2014 Page 13
ADJOURNMENT
A Public Hearing will be held on Tuesday, May 6, 2014 at 4:00 p.m. and the
Regular meeting will commence at 6:00 p.m. in the City Council Chambers
located at 990 Palm Street, San Luis Obispo, California. -)
APPROVED BY COUNCIL: 06/10/14