Sunday, August 18, 2013

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.

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