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HomeMy WebLinkAbout04/15/2014minutes 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. 1 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. 1 1 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. 1 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 1 1 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