August 29, 2013 City Council Agenda

Find complete agenda here.
Call (559) 621-8000 to speak to your council member on any one of these issues.

Consent Calendar:

1A) Fresno PD is renewing its application to participate in a Federal Equitable Sharing Agreement run by the Department of Justice, which allows for enforcement agencies to pool their proceeds made from forfeited assets (cash and property) used in connection with a crime and be reimbursed annually a percentage depending on the net proceeds they have contributed. They have a current balance of $146,161,500 used to pay for the Skywatch program, safety equipment, and other items.

1B) The Purchasing Division of the City of Fresno did not advertise the bid per City Charter requirements and, therefore, rendered the formal bid invalid.  Zenner Performance Meters and Metron Farnier LLC had both submitted bids for 3" to 8" single jet water meters and must now have their bid rejected. Purchasing will execute the bid process again.

1C) "In August 2010 (and amended in April 2012), the City entered into a consultant services agreement with Parsons Water and Infrastructure Inc. for the design of the Tertiary Treatment and Disinfection Facility (TTDF), located at the Fresno/Clovis Regional Wastewater Reclamation Facility (RWRF). Staff recommends amending the scope of services to include in the preparation of a Design/Build Request for Proposal Package for a new 2-MW Solar Energy facility, engineering support during construction, amending the California Environmental Quality Act (CEQA-Plus) documentation, amending State Revolving Fund (SRF) application package, and the preparation of an electronic Operations & Maintenance Manual for the TTDF. This amendment increases the contract amount by $299,966 to a new total of $2,265,998 and adds an additional 300 calendar days."

1D) The Department of Public Utilities (DPU) Wastewater Management Division is seeking the adoption of three resolutions necessary to apply for an extremely low interest State Revolving Fund (SRF) loan, as managed by the California State Water Resources Control Board (CSWRCB), for the financing of the Tertiary Treatment Facility (TTF) and associated Solar Energy Facility (SEF) mention in item 1C above.  The amount to be financed is approximately $49 million. Utilizing the SRF loan will enable the Division to fund its Capital Improvement Program without issuance of bonds for at least five years.

1E) On July 31, 2013, the Meux Home Corporation notified the City, in writing, of their request to construct an approximately 18'x20' addition to the south end of the existing Carriage House using private funds. The addition will be used as an educational class room for the over thirty (30) elementary schools that tour the Meux Home Museum each year as well as accommodating various fundraising events.

General Administration:

2A) Staff recommends that the City Council award a five year Lease/Purchase Financing Agreement in the amount of $2,350,000 to Kansas State Bank located in Manhattan Kansas for the acquisition of 50 new marked patrol cars and upfit hardware. Funding for one lease payments in fiscal year 2014, is in the amount of $257,453. Beginning in fiscal year 2015, lease payments will be made twice per year at $257,453 each, or $514,906 annually, for a total of 9 payments over the remainder of the four and a half year term. The interest rate for this financing is 3.389%. Total interest paid over the term of the financing will be $224,530 Assets will be owned by the City at the end of the 5 year term.

2B) PG&E drafted rate options such that customers with new or retained power loads of at least 200 kilowatts, might receive either a 12 percent rate reduction for 5 years in any part of PG&E's service area or a 35 percent rate reduction if the county has unemployment rates at least 25 percent higher than the state average.  PG&E wants Councils support for a filed an Application with the California Public Utilities Commission (CPUC) for authority to offer those options.

2C) As part of the franchise agreement when the City of Fresno franchised its commercial solid waste to Mid Valley Disposal and Allied Waste Services in 2011, the contract requires a review of financials in year three and year eight of the agreement which allow the City to determine if the service rates need to be adjusted (up or down) "to meet the requirement capping the allowable profit margins related to the agreements." The City wants to use HF&H Consultants LLC who helped with the franchising process for $110,000 and they will review:

• Rate adjustments dependent on results of the review.
• Background for the requested performance review of the franchisees, to occur in the fifth year of the 10-year agreements, to evaluate rates and customer service
• Background for the review of the overall franchise system, to occur in the eighth year of the 10-year agreements, to evaluate the efficacy of the exclusive franchise.

2D) Sunset Waste Paper Inc sued the City of Fresno regarding its commercial recycling services.  The City settled and is paying $2,000,000 as 2 of 3 payments.  Another unknown payment amount will be paid next year.  The $2,000,000 will come from the Commercial Solid Waste Reserve Fund. 

3A) City Council is reaffirming its previous support for the Safe, Clean and Reliable Drinking Water Supply Act of 2010, which is scheduled to appear on the 2014 General Election ballot. City Council, representing the City of Fresno, is telling the Governor and Legislature that they will not support any Water Bond that fails to contain all provisions in the current Water Bond's Chapter I, including but not limited to $3 billion in continuous appropriation funding to develop new above-ground water storage or the current Delta Sustainability section that provides $2.25 billion.

Scheduled Council Hearings and Matters:

10:00AM) City of Fresno's Planning Department would like to change the Fresno Municipal Code related to the zoning classification of the C-R (Commercial-Recreation) Zone District by adding the following land uses: medical offices, therapy offices and delicatessens. The C-R district is a recreation type district, with limited, yet related commercial services. It is intended to allow for an array of recreational uses, mostly active sports (baseball, golf, basketball, tennis, etc.). 

10:05AM) Currently, when a particular land use has been granted through a special permit (Site Plan Review or conditional use permit (CUP)) and has become discontinued for a period of one year, all rights to continue to use the property under the special permit are terminated. Someone wishing to have the same special use would then have to file a new application and pay all appropriate fees. Under the proposed text amendment, City of Fresno's Planning Department would like to change the Fresno Municipal Code so that the termination of rights as a result of a vacant property will be extended from one year to three years.

10:15AM) Property owners, Lynn Ikeda and Steve Ikeda, have requested that their building located at 920 F Street in Fresno's Chinatown be considered for designation to the Local Register of Historic Resources

2:15PM) Consideration of Policy and Procedure, “Wireless Telecommunications Facilities,” (Citywide) has been continue to September 12 2013 @ 2:15 p.m.

4:00PM) Hearing for consideration of Street Name Change filed by Jo Ann Ables, for the public street (Martin Avenue) bounded by East California Avenue and Merced Street is continue to September 12, 2013 at 4:00 P.M.

August 22, 2013 City Council Agenda

Find complete agenda here.
Call (559) 621-8000 to speak to your council member on any one of these issues.

Consent Calendar:

1A) "The Community Revitalization Division is proposing to apply for a Waste Tire Enforcement Grant and a  Waste Tire Clean-Up Grant. Sponsored by the Department of Resources Recycling and Recovery  (CalRecycle), the Waste Tire Enforcement Grant will be used by the Community Revitalization Division to continue the Waste Tire Enforcement Program which monitors and regulates tire facilities in the City limits. Funds for the grant will also continue to be used to investigate illegal dumping activities which  involve waste tires. The Clean-Up Grant will be used to continue the clean-up of waste tires occurring along roads, alleys, and other public rights-of-way."

1B) Ground water resources under the City of Fresno are known to be limited, "and currently in a state of overdraft as evidenced by falling groundwater levels and the formation of a cone of depression beneath the City."  To mitigate this and plan for future water needs the City consulted MWH Americas Inc. to investigate storage and recovery practices and groundwater banking technologies into the City's water management portfolio. During this time, City staff's attention was focused on Southeast Surface Water Treatment Facility work and are consequently requesting extension of the project timeline from July 31, 2013, to December 31, 2013, to provide adequate time for  review of project technical memoranda, and development of future site specific investigations and partnerships.

1C) As mentioned in last week's Council Agenda review, the City of Fresno has been designated by Clovis Unified School District to design and procure construction for a fiber optic network connecting 17 Clovis Unified Schools. Peters Engineering Group, Inc. of Clovis, California, was consulted by the City of Fresno in the amount $100,000.00 with a contingency amount of $20,000.00 to review City designed fiber-optic infrastructure plans and specifications, to prepare the technology design plans and specifications for the City's construction contract bid documents, and to provide technology integration services during the City's construction inspection phase of the third phase in the fiber optic installation. Due to the loss of a key City Design Engineer, staff recommends the Council approve consultant services to provide additional engineering and construction support services at a cost of an additional $89,000.00 that will be paid for by CUSD.

1D) "The Department of Public Utilities, Wastewater Management Division, advertised for a contract to furnish and install well pumping equipment at the Regional Wastewater Reclamation  Facility. There was only one (1) bid proposal received and it is considered the lowest responsive and  responsible bidder at $500,000" from Zim Industries. Staff is recommending the City Council to award the bid as submitted.

Note: The actual bid amount was $762,340.00 but since the bid amount can not exceed the appropriation authorized for this project, the department has only authorized $500,000.00.

1E) Davis Moreno Construction Inc. (DMCI) - (articles related to business: Fresno Bee, Dept. of Industrial Relations) was selected by the City in April of 2013 to do building rehabilitation and construction at the Fresno/Clovis Regional Wastewater Reclamation Facility.  In the bid documents DMCI had selected subcontractor MS Fire Protection Inc. to perform "Fire Sprinkler" work on the project but after having a reasonable opportunity  to do so, failed or refused to execute a written contract. DMCI is now asking that they be allowed to substitute MS Fire Protection Inc. with Control Fire Protection Inc.

General Administration:

2A) PARCS purchased the California and Elm (map) facility from the Fresno Economic Opportunities Commission (EOC) in December of 2009 for $3,746,960.63. The "facility contains a large field house gymnasium (2 basketball courts), male and female locker rooms, computer lab footprint, industrial size kitchen, dual purpose/meeting rooms and a future designated green space. The total square footage of the facility is 18,710. The California and Elm facility holds the potential to be a "one stop shop" for community support services and recreational activity in the West Fresno area. This partnership between PARCS and Leadership 1st enables PARCS to open the facility to the community, with Leadership 1st incurring all (1OO%) of the utility costs and all of the janitorial responsibilities.  Leadership 1st is going to partner with additional community service providers to offer diverse and dynamic  programming. The partnership will enable the key stakeholders to bring their various areas of expertise and  programming to the California and Elm facility in order to serve the community."

City Council:

3A) On April 18, 2013 City Council approved the Litigation Management Act which established:

1. policies and best practices to efficiently manage litigation cases and expenses
2. strategies for the City as a plaintiff in litigation and strategies for the City as a defendant in litigation
3. a Litigation Exposure Ad Hoc Committee to oversee case budgets, case status, and strategies on cases expected to exceed $250,000 in fees and cost, and on other high profile case
4. a Litigation Cost Control Policy for managing cases, controlling costs and maintaining close communication with the City Attorney, City Council and Litigation Exposure Ad Hoc Committee

Also, part of the Act was for the attorney to look into risk management software and/or consultants to be used by the City to establish best practices in litigation risk management. His recommendations are as follows:

1. Do not further pursue claims analysis software.
2. Retain Linzie Kramer, or an equivalent legal consultant, to assist the City with analysis of potentially high exposure or costly to defend cases.
3. Continue to monitor and report to the Committee and/or Council the status of cases and recommendations according to the Act.

Scheduled Council Hearings and Matters:

10:00AM) The City has received a request by a developer for the City to participate in the Statewide Community Infrastructure Program (SCIP) sponsored by the California Statewide Communities Development Authority (CSCDA). Participation in the program enables the financing of development impact fees and public capital facilities (fees paid by developers to cover the cost of installation or maintaining infrastructure, landscaping, lights, ect.) directly by property owners taking advantage of tax-exempt bonds. If a property owner chooses to participate, the fees owed to the City will be financed by the issuance of tax-exempt bonds by CSCDA.  CSCDA will impose a special assessment on the owner's property to repay the portion of the bonds issued to finance the fees paid with respect to the property. For home buyers, they would pay for the fees, that would normally be paid by the developer upfront, through a special assessment that would equate to a higher tax bill. This is a hearing for the public to voice their comments and concerns, but Council will be voting on whether to participate immediately after.

10:15AM)  In 2001 the Redevelopment Agency (RDA) did street widening, paving and curb & gutter improvements in the area of Nielsen and Hughes Avenues (map). At the time, there were no permanent facilities in the area to accommodate future storm water runoff created by the newly installed improvements. As a temporary mitigation measure, the SPCA agreed to lease a portion of their land to be used as a ponding-basin to serve the area. Permanent flood control facilities have now been installed and the temporary basin is no  longer needed. The Successor Agency pursuant to the lease agreement is returning the site to its former condition by awading Jim Crawford Inc. who submitted the lowest bid in the amount of $260,298.00.

10:30AM) Workshop on Job Order Contracting (JOC) by the Finance Department

1:30PM) Joseph Guagliardo, on behalf of Jim and Isabel Medina, has filed a rezone application and Conditional Use Permit application pertaining to approximately 0.19 acres of  property located on the southeast corner of North Van Ness Boulevard and East Princeton Avenue (map). The applicant requests to modify the existing conditions of zoning of the subject property to allow an auto repair garage which it is currently limited to Tire, Battery, and Accessory Parts, Retail Sales Services.

1:45PM) Workshop on The Fresno County Assessor’s Office, presented by Mr. Paul Dictos, Fresno County Assessor.

August 15, 2013 City Council Agenda

Find complete agenda here.
Call (559) 621-8000 to speak to your council member on any one of these issues.

Consent Calendar:

1A) Sub-divider, Lennar Homes, is requesting the City of Fresno to increase the responsibilities of maintianing the property located adjacent to Riverside Country Club, bounded by N. Thiel, N. Josephine and N. Bryan (see map). This will increase the annual cost of the lots by $340.21 or $149.15, depending on the lot. The Resolution of Consideration begins the process, sets the required  public hearing for Thursday, September 26,2013 at 10:15 a.m.

1B) Fresno PD is granting $35,000 to West Fresno Faith Based Organization which is lead by Pastor Booker T. Lewis to continue community outreach services in the high crime area of Southwest Fresno, possibly through their "Night Walks," and to eventually conduct an Anti-Violence Youth Summit.

1C) Fresno PD wants to extend a Health and Fitness Program that cost $650,000/year, of which $100,000 is to pay for the private contract with "The Studio" (which can not be found online) and "a minimum of $550,000 is used to provide members of FPOA a monetary incentive for participating in the program. Members of FPOA who choose to participate in the program can earn up to 56 hours of additional pay (pro-rated should the number of participants and earned hours exceed the negotiated dollar amount), dependent on their level of participation."

Below are the duties in which the private vendor is expected to perform:

• Conduct Health Interest Surveys & Fitness Evaluations.
• Design personal fitness programs for participants.
• Coordinate/administer Department-wide health promotion activities.
• Coordinate/administerinformation needed toprovide wellness incentives.
• Provide instruction instress management, smoking cessation, injury prevention, nutritional & weight management.
• Design and provide educational material.
• Provide any necessary testing equipment

1D) Central Unified School District will pay the City of Fresno for 2 School Resource Officers at the total cost. One officer would be assigned to the Central East and Teilman Center, while one officer would have responsibility over the three CUSD Middle School campuses.

1E) Fresno PD was awarded $180,000 in 2012 by the State Homeland Security Grant Program for the purchase of equipment to support our first-responders and terrorism prevention efforts.  $40,000 was still left over at the end of the 2013 fiscal year, so that amount is being moved over to the 2014 budget.

1F) "Hands On entered into a Lease Agreement with the City of Fresno on September 1, 2011, to provide visitor's services at no net cost to the City [at the Historic Fresno Water Tower in Eaton Plaza]. Hands On paid no rent, but provided all staffing for the Tower and paid all utilities, janitorial and minor maintenance costs for the Tower. The Lease Agreement has expired and Hands On wishes to continue leasing and operating the Tower and is offering to renew their lease with the same provisions."

1G) As part of the Fresno Regional Workforce Investment Board the City of Fresno is approving the Local 5-Year Strategic Plan.

1H) California State University, Fresno University Police Departments wants to install 2 cameras in the City Limits West of the campus' stadium.  One camera will be located on the Northwest corner of Sixth St. and Bulldog Lane (map) and the other will be on the Southwest corner of Fourth St and San Ramon (map).

1I) Subdivider, Norman Kizirian and Pamela S. Kizirian, Husband and Wife, has filed for approval for a 6-lot single-family residential planned development subdivision with one outlet for public utility easement purposes and private street purposes, and a remainder parcel, located on the west side of the North Chestnut Avenue alignment, North of East Copper Avenue on 12.13 acres (map).

1J) The Parks, After School, Recreation and Community Services (PARCS) Department submitted an application to the CalRecycle Beverage Container Recycling Grant Program on July 17, 2013 to improve beverage recycling at our City parks. PARCS is requesting up to $221,355 to help purchase and install recycling containers at various parks and park facilities. The grant would also provide for educational promotion, equipment and staff.

1K) Subdivider, Highland E, LLC, a California Limited Liability Company, (Gary McDonald, President and Chief Executive Officer), has filed for approval for a 21-lot single-family residential planned development subdivision with four outlets for public utility easement purposes, private street purposes, private open space purposes and landscaping purposes and one outlet to be deeded to the adjacent property owner, located between North Friant Road and East Copper Avenue, within the Copper River Ranch Master Planned Community on 13.07 acres (map).

1L) The PARCS Department put up for bid vendors to provide concession services at various regional and neighborhood parks in Fresno.  They are recommending awarding one year contracts with up to two (2) one year extensions to Java Joe for the Regional Sports Complex, Sno-Ball Express for the Todd Beamer Park, and Tropical Island for Lions Skate Park.

1M) The City Council desires to modify Ms. Spence's employment agreement to reflect Ms, Spence's positive  performance. This modifies the agreement to provide the City Clerk an annual base salary of $97,850.00 per  year.

1N) The League of California cities is holding its Annual Conference in Sacramento on September 18-20, 2013. It is being recommended that the City Council designate Councilmember Clint Olivier as a voting delegate and Councilmember Paul Caprioglio as a voting alternate for the upcoming Conference and that the City Council authorizes these delegates  to vote in the affirmative on all proposed resolutions.

General Administration:

2A) Fresno Yosemite International Airport wishes to sell 26.25 acres of underdeveloped land on the West side of Clovis Ave and North of Air Corp Way (map) to Don Pickett and Associates, Inc. for $1,734,000. Staff seeks Council authorization to (I) apply to Federal Aviation Administration (FAA) for release from federal grant  assurance obligations (referred to as a land release process), (ii) negotiate final terms and conditions of the  sale with the potential Buyer, (iii) open a purchase and sale escrow and, (iv) tender documents, instruments and instructions into escrow. Staff will return to Council at a later date for final approval to sell  the Property and authority to close escrow.

2B) As part of the franchise agreement when the City of Fresno franchised its commercial solid waste to Mid Valley Disposal and Allied Waste Services in 2011, the contract requires a review of financials in year three and year eight of the agreement which allow the City to determine if the service rates need to be adjusted (up or down) "to meet the requirement capping the allowable profit margins related to the agreements." The City wants to use HF&H Consultants LLC who helped with the franchising process for $110,000 and they will review:

• Rate adjustments dependent on results of the review.
• Background for the requested performance review of the franchisees, to occur in the fifth year of the 10-year agreements, to evaluate rates and customer service
• Background for the review of the overall franchise system, to occur in the eighth year of the 10-year agreements, to evaluate the efficacy of the exclusive franchise.

2C) Clovis Unified School District (CUSD) will be paying the City of Fresno $1,984,253.27 to plan and build out a fiber optic system that will connect 17 CUSD schools that are located within Fresno's City Limits. Kertel Communications Inc. DBA Sebastian was the lowest responsive and responsible bidder.

2D) As part of the Development and Resource  Management Department's Fiscal Year 2014 Budget, $845,000 has been made available to fund Community Housing Development Organization for acquisition of nine vacant parcels and construction of nine affordable single-family houses. Habitat for Humanity Fresno, Inc. will be funded for their Belgravia/Laval Avenue single-family housing project (map). The proposed project plan is to construct three 3-bedroom units consisting of 1,100 square feet; three 4-  bedroom units consisting of 1,300 square feet; and three 5-bedroom units consisting of 1,600 square feet. The $845,000 loan is proportionally conveyed to the nine homebuyers as a silent second mortgage. Upon completion of each house, the property will be conveyed  through escrow to a low-income homebuyer. Also upon conveyance, the City will forgive $17,000 of each  homebuyer's respective portion of the loan to make the homes more affordable. In addition to the City's silent  second mortgage assistance, the homebuyers will receive "sweat equity" credit toward the purchase of their  home as facilitated through Habitat.

2E) The City of Fresno will pay West Valley Construction Company $619,119.63 to transfer water service connections from the aging, failing water mains in easements at the rear of properties to the newly constructed water mains within the street right-of-way in the neighborhood of Gettysburg and Wishon (map).

Scheduled Council Hearing and Matters:

2:00PM) Chris Kliewer, on behalf of Lennar Fresno, Inc. proposes to amend the 2025 Fresno General Plan and the McLane Community Plan for approximately 2.328 acres of property located on the west side of North Armstrong Avenue between East Ashlan and East Dakota Avenues (map) from the low density residential planned land use designation to the medium density residential land use designation. 

2:15PM) The City of Fresno Development and Resource Management (DARM) Department is proposing a revised policy on Wireless Telecommunications Facilities that slightly modifies our existing policy approved in 2006. Language was placed in federal law which states that local governments "may not deny, and shall approve, any eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station" Historically, the City of Fresno has considered wireless facilities to be "public utility and public service structures, uses and buildings." The only major change from the 2006 policy contained in this policy document is that a definition of "substantial change" has been added. 

Substantial change to an existing facility shall include the following:  

1. The addition or replacement of equipment that would result in an increase of over 20% to the existing diameter/width of the existing pole/mast/tower. The total width includes the pole, antennae and radome.
2. The addition or replacement of equipment that would result in an increase of over 35% to the  vertical length of the existing antennae and other equipment located on the pole.
3. Any expansion in area to the existing fenced or enclosed lease area if the proposed lease area  is located within a required setback or within a parking lot.
4. The removal of a radome which would expose antennae.
5. Any increase in the height of the pole/mast/tower.
6. The replacement of an existing pole/mast/tower.

     2:15PM Supplemental Info) Crown Castle, who owns and operates numerous wireless telecommunications facilities in the city, and the California Wireless Association have sent in letters noting that the Federal Communications Commission (FCC) has already developed and adopted the widely known and used definition of "substantial change" and that the City of Fresno's DARM department's proposed policy definition of "substantial change" is inconsistent with Federal Law.

2:30PM) Workshop on The Fresno County Assessor’s Office, presented by Mr. Paul Dictos, Fresno County Assessor. No additional information provided.

4:30PM #1) The Subdivider, Centex Homes, wishes to be annex the property located on the SW corner of E. Francher Creek and S. Sunnyside (map) into the City of Fresno's Community Facilities District, requiring the City to be responsible for services for landscaping and irrigation systems within street and landscaping easements, concrete curbs and gutters, valley gutters, entrance median curbs, sidewalks, curb ramps, local street paving, street signage and street lighting  associated with this subdivision. The ordinance would levy the proposed Maximum Special Tax of  $538.87 per residential lot to pay for the services. The Maximum Special Tax will be adjusted upward annually by 3%  plus the rise, if any, in the Construction Cost Index for the San Francisco Region.

4:30PM #2) The same subdivider and property for the 4:30PM #1 item has filed for approval for a 86-lot single-family residential development subdivision with one outlot for water pump station purposes.

5:00PM) The City of Fresno wishes to implement a 4-year water rate increase plan "to fund the replacement of aging infrastructure and expansion of the existing water system, both of which are needed to support current and future population and  economic growth."
The total water capital program is $409.5 million over the next four years and includes these  projects:

• Southeast Surface Water Treatment Facility - $226.6M
• Southeast Surface Water Treatment Facility Transmission Pipelines - $49.6M 
• Water Main Renewal - $55.3M
• Water Well Construction and Rehabilitation - $32.8M
• T4 Downtown Tank & Booster Pump Station - $9.7M 
• City Recharge Basins - $7.1 M
• Water Main Extensions - $6.4M
• Downtown Water System Upgrades - $4.1M
• 19 other water capital projects - $17.9M

"To establish these new water rates, staff has proceeded with and followed a Proposition 218 process as required by state law. The Notice of Public Hearing was mailed on June 28,2013 which is attached as Exhibit A. The Proposition 218 process is now complete." See report for proposed rate increases.