Wednesday, September 11, 2013

September 12, 2013 City Council Agenda

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

Watch the City Council meeting live here every Thursday, usually starting at 8:30am.


Consent Calendar:

1A) "The Council adopted the Better Business Act on May 28, 2009, to ensure uniform due diligence procedures and oversight for private sector applicants seeking City financing assistance. The Better Business Act applies to requests for loan write-offs or write-downs in excess of $1,000,000" (when a private entity would like a loan provided by the City to be forgiven). "Occasionally the City approves loans that are essentially grants, but structured as loans to ensure compliance with certain conditions." So Council would like to make an exception for this Act to be applied by super-majority vote when:

  1. For legal or factual reasons, the City does not reasonably expect repayment under the terms and conditions of a loan; or
  2. A loan was essentially a grant, but structured as a loan to ensure compliance with certain conditions

1B) The City Council wishes to authorize the Interim Director of Aviation to execute a contract amendment with ERMWEST, INC., a California Corporation (ERM West), to provide professional engineering, environmental and remedial actions concerning ground water contamination emanating from the site of the former Hammer Field Military Aircraft Facility (OHF), now Fresno Yosemite Airport, for an amount not to exceed $212,200. "The United States Army Corps of Engineers (USACE) and their subcontractor, North American Aviation (subsequently bought by Boeing), operated an extensive aircraft maintenance facility on what was then called Hammer Field in the late 1940's through the 1950's. Ground water contamination emanating from the former North American Aviation site was discovered in the 1980's. Clean-up activities began in 1990 and have included the installation of a soil vapor extraction system, monitoring wells, water treatment systems, related piping, operations and maintenance, system monitoring, and coordination with the State. So far over $17,000,000 has been spent on clean-up related activities by the three parties...Under the terms of the Settlement Agreement, the USACE was deemed responsible for 68%, Boeing for 22%, and the City for 10% of total clean-up costs beginning September 16, 2010 and to remain in effect until the State is satisfied that the clean-up is complete."

1C) "Airports have used a methodology for assessing rental rates to all airlines for certain space in the terminal which airlines use "in common" with each other. This common use methodology has two components: 20% of the fee is shared equally by all airlines and 80% of the fee is assessed to individual airlines in the same proportion as their percent share of enplaned passengers. ...ticket counters were added to the common use definition with 513th Amendment to the Master Fee Schedule. However, subsequent review determined that adding gate areas to that definition, which were newly designated as common use, was inadvertently omitted. The proposed resolution will provide the clean-up language necessary to permit Airports to bill the gate areas under the existing 80/20 common use formula."

1D) "The City of Fresno has been awarded $461,000 from the Regents of the University of California to undertake the Sobriety Checkpoint Mini-Grant Program for 2013-2014. The grant period is from October 1, 2013, through September 30,2014. The grant will fund overtime costs for checkpoint operations. Council approval is needed to authorize the agreement, and appropriate $349,700 into the FY 14 budget."

1E) "The classification of Airport Public Safety Officer is being reauthorized due to the imminent transition of Police Officers, currently assigned to the Airports Department, back to the Fresno Police Department. The transition requires that the Airports Department hire temporary staff [at a rate of $28.32/hour] to cover the law enforcement needs of the Airports Department."

1F) "The City of Fresno has been awarded grant funds of $371,919 from the Office of Traffic Safety to undertake the Selective Traffic Enforcement Program (STEP). The goal of this program is to reduce the number of persons killed and injured in crashes involving alcohol, speed, distracted driving, and other primary collision factors. The funded strategies may include: Driving Under the Influence (DUI), surveillance to apprehend drunk drivers, warrant service operations targeting DUI violators who failed to appear in court or violate probation, stakeouts, a "HOT Sheet" program and court stings. The program may also concentrate on speed, aggressive driving, intersection operations with disproportionate numbers of traffic crashes and special enforcement operations encouraging motorcycle safety. These strategies are designed to earn media attention thus enhancing the overall deterrent effect. Council approval is needed to authorize the agreement, and appropriate $278,200 into the FY14 budget."

1G) "Staff recommends that City Council award a Construction Contract in the Amount of $260,120 to Roof Systems, Incorporated dba Nations Roof West (Fresno), for the Construction of the Roof Replacement of the Police Department Headquarters (Council District No.3) and authorizes the Public Works Director or his designee to sign the contract on behalf of the City."

1H) Council will "award a construction contract in the amount of $134,401.00 to Witbro Inc. dba Seal Rite Paving of Clovis, CA, as the lowest responsive and responsible bidder for the Shields Avenue Bike Lane Improvements West Avenue to Maple Avenue Project. The Shields Avenue Bike Lane Improvements - West Avenue to Maple Avenue project will infill gaps in existing bike lane paths along Shields Avenue between West Avenue and Chestnut Avenue (see agenda attachments for infill areas). The Shields Avenue Bike Lane Improvements project will also install parking bays to accommodate on-street parking, therefore providing for a safer bicycle route along a major east-west corridor along Shields Avenue. The bike lanes will be constructed solely by bike lane striping and new signage; no vehicular lanes are being removed."

1I) "The Public Works Department has identified the Shields and Millbrook Avenues intersection (map) as one of the top priorities for left-turn phasing. The Left-Turn Phasing Signal Modification at Shields and Millbrook Avenues project will construct left-turn phasing at all approaches of the intersection. The Left-Turn Phasing Signal Modification at Shields and Millbrook Avenues project will provide safer traffic flow and improve air quality by decreasing traffic delay at the intersection. A-C Electric Company of Fresno, CA, was the sole bidder and submitted a bid in the amount of $391,664. This bid exceeds the budgeted amount. Staff recommends that the City Council reject the bid received August 13, 2013 for the Left-Turn Phasing Signal Modification at Shields and Millbrook Avenues project, Bid File No. 3266, and direct staff to redesign the project to meet the proposed budget and re-bid the project."

1J) Approve the appointment of TJ Miller to the City of Fresno Employees’ Retirement Board by Mayor’s Office.

1K) City Council will adopt the Director of Planning's determination that three of the five requested land uses (medical offices, therapy offices and delicatessens) are consistent with the goals and policies in the 2025 Fresno General Plan for Commercial Recreation. The Director further determined that off-site alcohol sales was inappropriate for the Commercial-Recreation district but that on-site alcohol sales would continue to be permitted with a conditional use permit. The applicant has accepted the Director's determinations.

1L) City Council will adopt a General Plan text amendment would extend the rights granted by a conditional use permit that are discontinued from one to three years within specified areas.

General Administration:

2A) Public Works advertised and hired a Consultant for the design of plans and general construction documents for the reconstruction of Broadway Street to a single lane of traffic in each direction with on-street diagonal parking, pedestrian bulb-outs and enhanced landscaping. The first apparent low bidder did not submit all required DBE documents therefore they have been found to be non-responsive, therefore making the second lowest bidder, American Paving Co., the most responsive and responsible bidder. Staff is recommending award of a construction contract to American Paving Co., in the amount of $809,625.00 to construct the Broadway Streetscape Improvements - Tuolumne to Divisadero and to authorize the Public Works Director, or his designee to sign and execute the contract on behalf of the City of Fresno.

2B) The City of Fresno was supposed to get grant funding to install the "smart" water meters throughout Fresno from the Department of Water Resources (DWR) but "due to the State's financial situation, the DWR was forced to postpone grant awards. The City proceeded to complete the Project [due to State deadlines] per Assembly Bill 514 requirements [funding the project through zero interest State loans] and has been waiting for the grant funding to become available [to pay off the loans]. Since then, DWR has completed their reorganization and is finally able to award the City the $1,435,641."

2C) The City of Fresno provides low-interest construction loans through it's HOME Program to builders who agree to provide affordable housing units when said project is complete. If this "HOME Agreement is approved as recommended, HOME Program funds will be provided to Viking Village, LP, in the form of a 3% percent interest loan with principal and interest payable from residual receipts. The project cost is estimated at $7,044,365, of which $1 million is proposed to be funded with HOME Program funds. Once completed, the Viking Village Apartments (map) will consist of 40 newly rehabilitated affordable rental housing units, of which 6 will be HOME-assisted units with an affordability period of 55 years." In order to qualify for the HOME-assisted units, you must be under 50% or 80% below the median income.

2D) If this "HOME Agreement is approved as recommended, HOME Program funds will be provided to Southeast Fresno RAD, LP, in the form of a 4% percent interest loan with principal and interest payable from residual receipts. The project cost is estimated at $33,535,009, of which $1.5 million is proposed to be funded with HOME Program funds. Once completed, the complexes [The Cedar Court Apartments (map) & The Inyo Terrace Apartments (map)], will consist of a total of 193 newly rehabilitated affordable rental housing units, of which 9 will be HOME-assisted units with an affordability period of 55 years."

2E) If this HOME Agreement is approved, 'the Developer proposes to acquire and rehabilitate the interior and exterior of the Plaza Mendoza Apartment (map) buildings and grounds. HOME Program funds in the amount of $1,180,000 will be provided to the Developer in the form of a 3% percent interest loan with principal and interest payable from residual receipts. The project cost is estimated at $14.4 million, of which $1,180,000 is proposed to be funded with HOME Program funds. Eleven (11) of the units will be HOME-assisted units for a period of 30 years."

2F) "If approved as recommended, $2.1 million in HOME Program funds will be provided to the Developer in the form of a 30-year loan at 1% interest, with principal and interest repaid from residual receipts. Once
completed, the development [Fultonia West Apartments (map)] will consist of approximately 32 units of affordable and workforce housing, common area, management offices, and parking. The development cost is estimated at $4.3 million, of which $2.1 million in HOME Program funds is requested to finance thirteen (13) affordable housing units within the project. A total of $670,000 in former Redevelopment Agency funding, and approximately $1.4 million in Developer funding and/or conventional loan will finance the balance to complete the project. Upon completion of construction, $450,000 of the $2.1 million HOME loan will convert to a grant. The estimated completion date of this mixed-income mix-use development is scheduled for August 1, 2014."

City Council:

3A) Here is a list of new appointments of City of Fresno boards and commissions:

  • Council of Governments – Swearengin-Ex-Officio (Oliver-Alternate)
  • Financial Audit Committee – Brand, Olivier, Xiong
  • Fresno Area Workforce Investment Corporation - Baines
  • Fresno County Transportation Authority (FCTA) - Swearengin, Brandau
  • Fresno Regional Workforce Investment Board – Baines, Renena Smith
  • Fresno County Zoo Authority – Swearengin (Baines-Alternate)
  • Fresno Madera Area Agency on Aging Board - Olivier
  • Joint Powers Financing Authority - Olivier
  • Leadership Council on Ending Homelessness - Swearengin, Baines
  • San Joaquin River Conservancy Board - Swearengin (Brandau-Alternate)
  • Association for the Beautification of Highway 99 - Baines
  • Upper Kings Basin Integrated Regional Water Management JPA – Xiong
  • Pension Reform Task Force – Brand, Xiong, (3rd Member vacant)
  • Economic Development Corporation Serving Fresno County – Brandau-Ex-Officio
  • Fresno/Clovis Convention & Visitors Bureau (CVB) – Amy Fuentes
  • League of California Cities (Annual Meeting) – Swearengin (Olivier-Alternate)
  • San Joaquin Valley Air Pollution Control District - Baines
  • Infill Development Ad Hoc Subcommittee - Brand, Baines, Olivier
  • Litigation Exposure Reduction Ad Hoc Committee – Brandau, Caprioglio
Scheduled Council Hearings and Matters:

10:00AM) "Bill Robinson of Sol Development Associates on behalf of property owner Jenco Farms LP proposes to resolve a situation of split plan designation and split zoning on a 25.47-acre parcel located at the northeast corner of an expressway (West Herndon Avenue) and a collector street (North Riverside Drive, formerly named North Bryan Avenue) (map). The project proposes to assign community commercial land use designation and a coordinating C-2/UGM/cz (Community Shopping Center/UGM Area/conditions of zoning) zone district to the northerly 8.7± acres (approximately one-third), so that the plan designation and zoning on that 8.7± acres matches those of the southerly 16.8 acres of the property. The rezone will ensure that the entire parcel is subject to Bullard Community Plan Policy 4.2.4-7 to protect adjacent residential areas, and any subsequent entitlements on any portion of parcel will provide for necessary development of West Spruce Avenue, a proportionate share of traffic improvements required on West Herndon Avenue and other major streets in the area."

10:15AM) "The City has received a request by the [Trinity Health Corporation aka St. Agenes Medical] (Applicant) to hold a public hearing regarding a proposed bond issuance (the "Bonds") and to authorize the Michigan Finance Authority, (Issuer), to proceed with issuance of the Bonds in an aggregate principal amount not to exceed $800,000,000, pursuant to a plan of finance of the Applicant for various capital facilities, including capital facilities, located in the City of Fresno and identified as various Saint Agnes Medical Center facilities. As the appropriate elected public body with jurisdiction over the Project, the Council must hold a public hearing under the provisions of TEFRA to receive any public testimony regarding the Project before the Council considers authorizing the issuance of the Bonds for this purpose. The City has no obligation or liability associated with this financing. The Bonds will not constitute an indebtedness or obligation of, and will not involve a pledge of the good faith and credit of the City.

11:00AM) Appearance by JD McCubbin to discuss homelessness in Fresno

1:30PM #1) Workshop on Veterans Boulevard-Public Works

1:30PM #2) "On June 6, 2013 the City Council approved a new Freeway Agreement with the California Department of Transportation for a portion of State Route 99 from EI Dorado Street to 0.9 miles south of Herndon Avenue. The approved agreement was for the widening and realignment of the freeway by Caltrans, including a major interchange upgrade at Clinton Avenue and closure of substandard, isolated ramps at Dakota Avenue, Shields Avenue and Princeton Avenue. The current Freeway Agreement is for the addition of a freeway interchange as part of the Veterans Boulevard project. Council approval of the freeway agreement is a necessary step before the California Transportation Commission can formally approve of this new access point to the State highway system. Approval of the Freeway Agreement, which is entirely located within Council District 2, will have no impact on the General Fund."

1:30PM #3) The California High Speed Rail Authority (CHSRA) Project is proposing to mitigate the closing of the existing Union Pacific Railroad (UPRR) at-grade crossing at Carnegie Avenue (map) by constructing a portion of the Veterans Boulevard Project. The construction work associated with this consists of extending Bullard Avenue to the future Veterans Boulevard intersection, two lanes of Veterans Boulevard, a bridge structure over the existing UPRR and future High Speed Rail (HSR) tracks, and a roadway connection from Veterans Boulevard to existing Golden State Boulevard. The planning portion of the grade separation and additional road work construction is anticipated to take approximately 12 months with construction completed by the end of 2016. All construction phase costs for the new Veterans Boulevard overpass and Bullard Avenue extension will be 100% funded by the California High-Speed Rail Authority project.

1:30PM #4) Public Works Director is seeking to have approved an Amendment to Agreement "with Mark Thomas & Company, Inc. for additional professional engineering services for the Veterans Boulevard Grade Separation and State Route 99 Freeway Interchange Project, for a net increase of $499,813. An amendment to the existing contract is needed to account for the additional $499,813 in road design costs for the Bullard Avenue extension, a temporary road connection to Golden State Boulevard and for the costs associated with delivering a separate plan package. In conjunction with Council approval of a cooperative agreement with the CHSRA for the overpass project, approval of this amendment will allow the project to move forward with final design, bid documents and advertisement for construction bids by early 2015. Approval of this Amendment to Agreement with Mark Thomas & Company Inc. will be funded by available Regional Measure "C", Federal Grants, Citywide Regional Impact Fees. All construction costs associated with the Veterans Boulevard / railroad grade separation and Bullard Avenue extension project, located in Council District 2 and currently estimated at $25 million in construction, will be paid for by the CHSRA."

A) State legislation, ABX1 26 and AB 1484, created Successor Agencies, which are tasked with the responsibility of winding down former Redevelopment Agencies. As a requirement of the wind-down process, the Successor Agencies are required to provide a Recognized Obligation Payment Schedule (ROPS) every six months identifying overall outstanding debt for all enforceable obligations with the Agency, as well as the estimated amount needed for each of those obligations during the six-month period covered by that ROPS. 

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 October 24, 2013 at 4:00 PM)

No comments:

Post a Comment