Monday, December 16, 2013

December 19, 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) Developer, Lennar Homes, is requesting that their sub-division located on the West side of Armstrong between Ashlan and Dakota (map) be included in the area Community Facilities District where the City will be in charge of landscaping, irrigation, curbs & gutters, medians and more. The cost for the Services for these improvements is $361.33/lot annually (totaling $33,603.58) charged to the homeowners.  This is just a resolution of intention, starting the process for the annexation. The required public hearing will be January 16, 2014 at 2:00pm.

1B) Developer, Lennar Homes, is requesting that their sub-division located on the east side of North Polk Avenue between West Shields and Clinton Avenues (map) be included in the area Community Facilities District where the City will be in charge of landscaping, irrigation, curbs & gutters, medians and more. The cost for the Services for these improvements is $214.58/lot annually charged to the homeowners.  This is just a resolution of intention, starting the process for the annexation. The required public hearing will be January 16, 2014 at 2:15pm.

1C) The City Council is approving the 2014 meeting schedule.

1D) The City of Fresno PARCS Department is building a universally accessible neighborhood park at 5770 W. Gettysburg (map).  They are making an agreement with Resources for Independence Central Valley for 5 years with a 5 year option to extend to maintain the facility, have programs in the building (when the building is completed) and have discretion to facilitate programs that are operated within the park.  They will also pay for gas, electricity, water, sewer, and garbage for the first two years, after which the City would be responsible for these costs.

1E) City staff recommends the approval of an agricultural Lease and Agreement with Bakersfield Properties, Inc., for 158 acres of City-owned land at the Fresno-Clovis Regional Wastewater Reclamation Facility with anticipated gross revenues of $94,800 per year to the Wastewater Enterprise Fund for the duration of contract.

1F) Staff recommends the approval of acquiring one public street easement from a portion of one piece of property owned by B. David Singh, Sanjiv Jain and Rajinder Dhaliwal, in the amount of $130,225 total for approximately 31,513 square feet of the property. This is for the installation of curb, gutter, and addition of one vehicle travel lane and one bike lane in each direction, construction of a median island, street lights and the undergrounding of a portion of an Fresno Irrigation Canal on Santa Fe Avenue between Palo Alto Avenue and Blythe Avenue (map).

1G) Along the proposed High Speed Rail route across Veterans Boulevard (map), it was determined that a high pressure gas main, that is owned by SFPP and operated by Kinder Morgan Energy Partners, exists within the project footprint. The exact location of the pipeline will need to be verified through potholing and due to the sensitivity of the gas main, the utility company requires pipeline protection design and inspection services for the potholing to take place, which will be paid for from Measure "C" Tier 1 funding that has already been approved for the project.

1H) The City proposes to construct an additional westbound travel lane and bike lane along Nees Avenue between North Maple Avenue and Hayston Avenue (map).This requires the formation of an Underground Utility District  to convert the existing overhead electrical and communication facilities to underground service. The formation of the Underground Utility District also requires affected property owners to modify their existing overhead services to accept utility service from the underground facilities. Underground installation of PG&E overhead electrical facilities is funded by the utility company funds set aside pursuant to the Public Utility Commission Rule 20A. The other utility companies, AT&T and Comcast Cable, will provide 100 percent of the funding to convert the existing overhead facilities to underground.

1I) Subdivider, Copper River 74, Inc., a California Corporation, (Darius Assemi, President), has filed for approval for a 64-lot single-family residential subdivision with one remainder, located between North Friant Road and East Copper Avenue (map), within the Copper River Ranch Planned Community on 11.72 acres.

1J) The Board of State and Community Corrections (BSCC) awarded the City of Fresno $500,000 in grant funds for Fresno's Ceasefire Strategies and Joven Noble Program. The grant period commences on January 1, 2014 and concludes on December 31,2015. A local dollar-for-dollar match requirement of $500,000 will come from the existing staff salaries assigned to the program. The total project cost of $1,000,000.

1K) In June 1998, the City of Fresno entered into an agreement with the Environmental Protection Agency (EPA) to conduct the final cleanup at the Fresno Sanitary Landfill. As part of the cleanup efforts, Groundwater testing is required. City staff is requesting the City Council approve an agreement with CDM Smith Inc, to extend the contract time to May 31, 2014 to complete all work at the City of Fresno Sanitary Landfill.

1L) Staff recommends the approval of a second amendment to an agreement with CDM Smith Inc. in the amount of $272,000 for the third year of Groundwater Monitoring and Reporting at the Fresno Sanitary Landfill.

1M) Staff recommends the adoption of a resolution in support of the Association of California Water Agencies' (ACWA) Statewide Water Action Plan (SWAP). The SWAP, submitted to Governor Brown for his consideration on October 2,2013, provides context for a Delta solution and other critical actions as components of a grander set of strategies to address overall water supply reliability and ecosystems in our state.

1N) Since August 2013, Solid Waste Management Division and Police Department staff have been heavily involved in the City's "Homeless Initiative", addressing the dismantling of large encampments, and the daily transport, storage, and record keeping of the personal belongings of our community's homeless. City staff is requesting $300,000 from the Community Sanitation Fund for previous and anticipated FY14 Litter Program Homeless Initiative expenditures.

The money will be to paid for the following line-item expenses:
Employee Salaries - $ 73,700
Employee Fringe Benefits - $13,000
Contract Help (Stored Items Security) - $101,300
Professional Services (Videos of Clean-Ups) - $5,500
Miscellaneous Supplies for Clean-Ups - $600
Clothing (Safety Clothing & Gloves, etc.) - $6,800
Office Supplies (Required Notices) - $500
Barricades, Trash Bags, Storage Rentals - $21,500
Miscellaneous Expenses - $32,200
Landfill Tip Fees - $32,900
Fleet Charges - $12,000

1O) Every three years, the California Building Standards Code is reviewed and modified where applicable and adopted by the California Building Standards Commission. On January 29, 2013, the Commission voted to adopt the 2013 edition of the California Building Standards Code effective January 1, 2014. The 2013 California Building Standards Code includes the California Building, Residential, Electrical, Mechanical, Plumbing, Energy and Green Building Standards Codes. The purpose of this Ordinance Bill is merely to adopt the updated standards which are adopted or modified as necessary to insure the safety of the community. City Staff is not proposing any new local amendments as part of the adoption of the 2013 California Building Standards Code. Staff is introducing the attached Ordinance to be considered for adoption on January 9, 2014.

1P) The 2013 California Fire Code as adopted by the State of California is significantly weaker in regards to fire protection provided than what is currently adopted by the City of Fresno. While the Fresno Municipal Code contains all of the State standards, where necessary, the City has modified certain portions of the California Fire Code to ensure the safety of its community is maintained at current level given local conditions and community expectations. Staff is introducing the attached Resolution and Ordinance, which are anticipated to be considered for adoption on January 9, 2014.

1Q) Prior to allowing electronically-filed campaign statements, City Council needs to adopt an ordinance approving the use of online or electronic filing on a system that will operate securely and effectively and will not unduly burden filers. The system should also meet all the requirements stated in AB2452, which the Netfile system does. Additionally, the amended ordinance reflects the increased contribution limits.

Scheduled Council Hearings and Matters:

10:00AM) This City is increasing the rate it charges to connect properties to the City water main for pipe sizes 1-2 inches in diameter.  They are increasing their charges from 10% to 35%, depending on the pipe size and if it will be metered. This item is continued to 1/30114 @ 10:00 a.m.

1:30PM #1) There is a 430 acre planned development called the “Westlake” Development Project bounded by W. Gettysburg, W. Shields, N. Garfield and N. Grantland Avenues located in Council District 1 (map).  The developer is requesting changes to the planned land use within the proposed project boundary as follows:

-> = from, to

  • Medium Low Density Residential:  
    • ±194 ac. ->  ±82.42 ac. 
  • Medium Density Residential: 
    • ±102 ac. ->  ±207 ac. 
  • Medium High Density Residential:  
    • ±61 ac.  ->   ±38.83 ac. 
  • Office Commercial:  
    • ±11 ac.  ->   N/A 
  • Neighborhood Commercial:  
    • ±19 ac.  ->   ±7.45 ac. 
  • Community Commercial:  
    • N/A  ->   ±22.87 ac. 
  • Public Facility (Elementary School):  
    • ±17 ac.  ->   ±15.75 ac. 
  • Open Space:  
    • ±19 ac.  ->   ±55.68 ac. 
  • Ponding Basin:  
    • ±7 ac.  ->   N/A 
  • R-1/UGM (Single Family Residential District / Urban Growth Management): 
    • ±262 ac.  ->   ±305.17 ac. 
  • R-2/UGM  (Low Density Multiple Family Residential District / Urban Growth Management) 
    • ±40 ac.  ->   ±38.83 ac. 
  • C-1/UGM  (Neighborhood Shopping Center District / Urban Growth Management) 
    • ±19 ac.  ->   ±7.45 ac. 
  • C-2/UGM  (Community Shopping Center District / Urban Growth Management) 
    • N/A  ->   ±22.87 ac. 
  • O/UGM (Open Space District / Urban Growth Management) 
    • N/A   ->   ±55.68 ac. 
  • AE-5/UGM (Exclusive Five-Acre Agricultural District / Urban Growth Management) 
    • ±19 ac.  ->   N/A 
  • AE-20 (County) (Exclusive 20-Acre Agricultural District) 
    • ±90 ac.  ->   N/A

1:30PM #2) Staff recommends the approval to appropriate $466,900 to add 8 positions to support the Business Friendly Fresno Application Center, to enhance coordination of effort and ease of navigating the development review and processing system. They are adding an Assistant Director of Development and Resource Management department,  a Planner II, an Electrician, 2 Engineers, a Supervising Engineering Tech, a Fire InspectorII and a Fire Prevention Engineer.

2:30PM A) A resolution regarding the City of Fresno and its capacity as Housing Successor regarding Hotel Fresno Owner Participation Agreement. There is no additional information on this item at this time.

2:30PM B) The City's old RDA is planning to sell approximately 1.39 acres located on the north side of Ventura Street between Tenth and Eleventh Street (map) after issuing a formal Request for Proposals (RFP) in November 2012 for the development of the 1.39 acre site.  The Embree Asset Group proposes to purchase the property for for $368,000 with "All Cash at Closing". They plan to construct an approximate 9,100 square foot neighborhood retail building on behalf of a national tenant.

2:30PM C) The City's old RDA has been required to wind down all activities due to an order from the Governor to dissolve all RDAs.  Fresno RDA has been selling properties but due to the change in state law and pending litigation, purchase agreements are unable to proceed and to close escrow for circumstances beyond the buyer's control. This resolution provides the Executive Director of the old RDA with administrative authority to extend purchase agreements in these circumstances.

3:00PM) A Rezone Application has been submitted by Ken Kidd, on behalf of Oakmont Senior Living, LLC and proposes to reclassify the property at 5605 North Gates Avenue, on the north side of North Figarden Drive Avenue between West Bullard and North Gates Avenues (map), from a Community Shopping Center to a Low Density Multiple Family Residential. These applications have been filed in order to facilitate the approval of a request for authorization to construct a 77,496± square-foot 2-story building for a 77-unit residential care facility for the elderly.

3:15PM) A Rezone Application requests that an existing 0.27-acre property be changed from the current R-1 (Single Family Residential) zone district to the R-2 (Low Density Multiple Family) zone district. This requests is to restore and convert an existing 2-story residential structure from a five-plex to a triplex at 835 North Echo Avenue (map).

3:30PM) A Plan Amendment Application proposes to amend the 2025 Fresno General Plan and the West Area Community Plan for ± 4.35 acres of 2310 North Marks Avenue (map) located on the east side of North Marks Avenue, just south of West Clinton Avenue from the medium-high density residential planned land use and ±0.02 acres of the subject property from the general heavy commercial planned land use designation to the high density residential planned land use designation. The application also proposes to amend West Area Community Plan by adding language to the fifth point as follows: for sites greater than four acres, the minimum site area per dwelling unit shall not be less than 2,700 square feet. The minimum site area may be reduced provided property development standards of the underlying zone district are met. [Bold text is proposed to be added.]. The Rezone Application proposes to reclassify ± 4.35 acres of the subject property from the Trailer Park Residentiel and ± 0.02 acres of the subject property from the Heavy Commerciet; zone districts to the Medium Density Multiple Family Residential zone district.

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