March 20, 2014 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 Subdivider, ABN Investments, LLC, a California Limited Liability Company, (Raj Singh, President), has filed for approval for a 65-lot single-family residential subdivision, located on the east side of North Polk Avenue between West Gettysburg Avenue and West Shaw Avenue on 13.06 acres (map).

1B) FFDA Properties, LLC is requesting the clearing of the northeast 4 feet of Broadway Street between San Joaquin and Calaveras Streets, the southeast 4 feet of San Joaquin Street northeast of Broadway Street and the northwest 4 feet of Calaveras Street northeast of Broadway Street (map). The purpose of the proposed clearing is to take 4 feet away from the currently 14 foot wide sidewalk so that it can be incorporated into the development of the adjacent property which includes 50 residential units, a 786 square foot commercial space, and the rehabilitated Levinson Home to be used as a manager's unit and club house.

1C) Concerning the City/County American Avenue Landfill contract, which is scheduled to expire on June 30, 2014. The City and County have agreed to retain an outside third party consultant who is familiar with the City/County Landfill agreement to help in facilitating discussions around a new agreement. It was agreed that HF&H is best suited for this work, The City's portion of the the overall cost of this agreement is $192,000, of which the City's allocation being $73,100. Funding is being provided by the City's Residential Solid Waste Reserve Funds. Funding is initially being provided by Fresno County and will be reimbursed through the City's Residential Solid Waste Reserve Funds.

1D) City staff recommends the awarding of a contract in the amount of $259,141 to JND Thomas Co., Inc., of Riverdale, California, for Digesters 5 and 11 Cleaning at the Fresno/Clovis Regional Wastewater Reclamation Facility.

1E) City staff recommends that the City Council award a contract in the amount of $243,315 to D.H. Williams Construction, Incorporated, to provide and install a Water Traveling Screen, which removes a variety of floating and/or suspended organic and non-organic material from the surface water conveyance system leading to the City of Fresno's Leaky Acres Groundwater Recharge Facility.

1F) Staff recommends the awarding of a construction contract in the amount of $316,379.20 to American Integrated Services, Inc., of Wilmington, California for the demolition of Building T-262 at Fresno Yosemite International Airport (FAT). It has been vacant since 2012 and is not suitable for renewed use due to, (i) its dilapidated condition, (ii) non-compliance with ADA requirements, (iii) the presence of lead based paint and asbestos containing materials throughout the building, and, (iv) the 1940's era construction and configuration rendering it un-marketable for current compatible uses.

1G) The City will make changes to the Fresno Municipal Code surrounding shopping carts with the following changes, in accordance with state law:

Cart Owner Requirements

• All owners of carts, including but not limited to commercial Cart Owners, shall provide accurate and legible cart identification signs on every cart.
• Business owners have three business days to retrieve carts that leave their premises.
• Business owners must operate and maintain an on-site cart containment program (disabling devices, on-site security, posts and chains around the premises, security deposit for use of carts, rental/sale of carts, or other measures as approved by the Director).
• A business may be exempted if it provides proof of a contract with a cart retrieval service.

Immediate Impound by City of Identified Carts

• The City may impound a cart without three days' notice if the City notifies the owner within twenty-four (24) hours and provides where and how to reclaim the cart. This would take place after a subject is found and cited for possession of a cart and the cart is removed by the Fresno Police Department.
• The City must hold impounded carts at a reasonably convenient location for at least six (6) business hours a day.
• The City cannot charge fees/fines if the cart is reclaimed by the owner within three business days.

Possession of Carts by Recycling Centers

• Any recycling center that comes into possession of a cart cannot sell or use the cart for any purpose.
• If the cart has identification signs, the recycling center must notify the Cart Owner of the cart's location and hold the cart for three business days. If the cart is not reclaimed by the Cart Owner within three business days, the recycling center must notify the Fresno Police Department and arrange for the City to retrieve the cart.
• If the cart does not have identification signs, the recycling center must notify the Fresno Police Department and arrange for the City to retrieve the cart.

Enforcement and Remedies

• An owner failing to retrieve abandoned shopping carts within three business days shall pay the City's administrative cost for retrieving the cart(s) and providing notice.
• Failure to retrieve abandoned shopping carts more than three times in a six (6) month period shall be subject to a fifty dollar ($50) fine per occurrence (per state law).
• Impounded carts can be sold or destroyed after thirty (30) days or failure to pay associated costs and fines.
• Director can require physical containment system after retrieval of more than ten (10) carts in thirty (30) days, or more than ten (10) citations in twelve (12) months.

General Administration:

2A) City staff recommends the awarding of a construction contract to Dave Christian Construction Company Inc. of Fresno, California in the amount of $588,096.32 for the Chestnut Avenue Overlay Project from Jensen Avenue to Union Pacific Railroad (map).

2B) City staff recommends the approval of Lease Amendment No.9 to the lease between the City and SkyWest Airlines, Inc. (SkyWest) at Fresno Yosemite International Airport related to leasehold boundary modifications with no change in compensation. This will provide necessary access to neighboring ramp space for future lease opportunities.

2C) Staff recommends City Council approve a consultant agreement in the amount of $360,534 with Provost and Pritchard Engineering Group, Inc., a Fresno-based California corporation, for design and engineering services for FAX transit shelters and related amenities in the Courthouse Park area.

2D) To provide better bus service to the City of Fresno and to reduce bus driver overtime, as well as driver fatigue, the Department of Transportation proposes to add fifteen (15) bus driver positions. It is estimated the additional bus drivers will reduce the use of annual overtime by approximately 22,500 hours. The net increase in annual salary and benefits cost of approximately $235,500 can be absorbed in the current budget allocation.

2E) City Council had rejected the original plan for Bus Rapid Transit (BRT) in the City of Fresno and have sought to include service improvements that reflected that of BRT on Shaw Avenue.  They reviewed cost of the original BRT project and have found that they could cut out $13.5 million of capital improvements to fund the changes to the Shaw Avenue route.  The Shaw changes would include:

• 10 minute intervals at peak hours
• 40 foot buses would be used instead of 60 foot (providing $7.5 million in savings)
• Bus stops between West Avenue and Maple will be a half mile
• Bus stop shelter will be at grade and not leveled to the bus as was the original plan for BRT (saving $7.5 million)
• check item documents for more details

This agenda item awards a contract in the amount of $1,481,230 to Parsons Brinkerhoff, Inc. (PB) for a  revised FAX Q Bus Rapid Transit (BRT) project management services agreement.

Scheduled Council Hearings and Matters:

3:00PM) City staff recommends that the City Council approve the amendment to the current Municipal Code by repealing Article 21 of Chapter 12, and adding Article 21 of Chapter 12, prohibiting the cultivation of marijuana (indoor and outdoor) in all zone districts within the city of Fresno.

March 6, 2014 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) Because contractor qualification requirements were incorrectly included in the bid documents for the McKinley Avenue Traffic Synchronization Project from Highway 99 to Clovis Avenue without a corresponding requirement on the Bidder's Checklist. Without the required information on the Bidder's Checklist, the Purchasing Division was unaware of the requirements to verify contractor qualifications, thereby rendering all bids as non-responsive.

1B) Because contractor qualification requirements were incorrectly included in the bid documents for the Ashlan Avenue Wireless Intelligent Transportation (ITS) Project from Blackstone Avenue to Peach Avenue a without a corresponding requirement on the Bidder's Checklist. Without the required information on the Bidder's Checklist, the Purchasing Division was unaware of the requirements to verify contractor qualifications, thereby rendering all bids as non-responsive.

1C) Because contractor qualification requirements were incorrectly included in the bid documents for the Bullard Avenue Intelligent Transportation System (ITS) Wireless Project from Marks Avenue to Willow Avenue a without a corresponding requirement on the Bidder's Checklist. Without the required information on the Bidder's Checklist, the Purchasing Division was unaware of the requirements to verify contractor qualifications, thereby rendering all bids as non-responsive.

1D) Because contractor qualification requirements were incorrectly included in the bid documents for t the First Street Wireless Intelligent Transportation Systems (ITS) Project from Nees Avenue to Ventura Street a without a corresponding requirement on the Bidder's Checklist. Without the required information on the Bidder's Checklist, the Purchasing Division was unaware of the requirements to verify contractor qualifications, thereby rendering all bids as non-responsive.

1E) City staff recommends awarding a construction contract in the amount of $300,256.25 to Power Design Electric of Kingsburg, California, as the lowest responsive and responsible bidder for the Left-Turn Phasing Signal Modification at Shields and Millbrook Avenues Project.

1F) Subdivider, Lennar Fresno, LLC, a California Corporation, (Mike Miller, Vice President), has filed for approval for a 93-lot single-family residential subdivision with one outlot for public open space purposes, located on the west side of North Armstrong Avenue between East Ashlan Avenue and East Dakota Avenue (map) on 14.51 net acres.

1G) In order to remain compliant with current NFIP and FEMA requirements for flood insurance, staff is adopting revisions to the current Flood Plain Ordinance which repeals current sections 11-601 and 11-607 of the Fresno Municipal Code Flood Plain Management Ordinance and adds new sections 11-601 and 11-607, and amends sections 11-625 and 11-632.

1H) An ordinance bill has been prepared to amend the Fresno Municipal Code to remove references and requirements related to the Fulton Mall's status as a pedestrian mall. Specifically, Chapter 14 has several provisions related to prohibiting traffic on the Fulton Mall. A removal ordinance has been prepared to make the Code consistent with the new "Fulton Street" project. Current Code relating to the Fulton Mall as a pedestrian mall will continue to apply until Project completion, and vehicles will continue generally to be prohibited from travelling on the Fulton Mall.

1I) A Fresno Municipal Code (FMC) text amendment is being adopted that proposes to allow for the expansion and use of outdoor dining areas, including within street easements and rights-of-way (i.e. sidewalks), without requiring a special permit for certain uses.  Currently, the FMC only allows outdoor dining in conjunction with a restaurant. The approval of the text amendment would allow for outdoor dining at Restaurants, Taverns, Delicatessens, Ice Cream Stores, Cafeterias, Banquet Hails, Bakeries, Micro-breweries, Nightclubs and other similar uses.

1J) City staff has developed a cooperative agreement with the County of Fresno to install bicycle lanes on Cedar Avenue between McKinley Avenue and Clinton Avenue. The addition of bicycle lanes will be accomplished by narrowing the existing lanes without removing any travel lanes or parking areas. The estimated total project cost is $254,100 and the City's contribution is not to exceed $106,700, which will be paid by the Measure "C" Bicycle Lane annual allocation. Construction is scheduled to begin in Fiscal Year 2015.

General Administration:

2A) City staff recommend awarding a construction contract in the amount of $915,722 to Kertel Communications, Inc. dba Sebastian of Fresno, California as the lowest responsive and responsible bidder for the Traffic Signal Improvements on the Fresno Street Corridor from "E" Street to "R" Street.

2B) The continued over-utilization of the City of Fresno's groundwater aquifer together with increasing demand and ever more stringent water quality standards now warrant implementation of the design, construction, and operation of a new surface water treatment facility and Regional Transmission Mains (RTM). A Professional Consultant Services Agreement with AECOM Technology Services, Inc. (AECOM), a California corporation, for the amount of $2,354,481 for the Schematic Design of a new RTM to stabilize and replenish our aquifer to a balanced and sustainable condition by the year 2025.

2C) The City is approving a $1,000,000 "HOME" Agreement between the City of Fresno and the Fresno Housing Authority implementing a two-year Tenant Based Rental Assistance (TBRA) program previously adopted by Council in the FY 2013-2014 City Budget and Annual Action Plan. The program proposes to serve approximately 80 persons that are homeless, threatened with homelessness, or transitioning from a homeless program.

2D)  In February 2013 the Old Fig Garden Community Transportation Study was finalized by consultants Community Design and Architecture following a review by the Project Steering Committee and the Study provided a series of recommendations for a multi-modal transportation framework, designs for street improvements, and addressed traffic calming, safe routes to school, pedestrian and bicycle accommodation and context appropriate urban design transitions from from the residential neighborhood to the adjacent transportation corridors

2E) City staff recommends the City Council ratify the contract extension and approve the agreement with the Central California Society for the Prevention of Cruelty to Animals (CCSPCA) in the amount of $3,230,300 for fiscal year 2014 City animal control services, reimbursement for emergency services, and two License Investigator positions.

City Council:

3A) Council Boards and Commissions Communications, Reports, Assignments and/or Appointments,  Reappointments, Removals to/from City and non-City Boards and Commissions:

1. Council of Governments – Swearengin-Ex-Officio (Olivier-Alternate)
2. Financial Audit Committee – Brand, Olivier, Xiong
3. Fresno Area Workforce Investment Corporation - Baines
4. Fresno County Transportation Authority (FCTA) - Swearengin, Brandau
5. Fresno Regional Workforce Investment Board – Baines, Renena Smith
6. Fresno County Zoo Authority – Swearengin (Baines-Alternate)
7. Fresno Madera Area Agency on Aging Board - Olivier
8. Joint Powers Financing Authority – Baines, Xiong, Swearengin
9. Leadership Council on Ending Homelessness - Swearengin, Baines
10. San Joaquin River Conservancy Board - Swearengin (Brandau-Alternate)
11. Association for the Beautification of Highway 99 - Baines
12. Upper Kings Basin Integrated Regional Water Management JPA – Xiong
13. Pension Reform Task Force – Brand, Xiong, (3rd Member vacant)
14. Economic Development Corporation Serving Fresno County – Brandau-Ex-Officio
15. Fresno/Clovis Convention & Visitors Bureau (CVB) – Amy Fuentes
16. League of California Cities (Annual Meeting) – Swearengin (Olivier-Alternate)
17. San Joaquin Valley Air Pollution Control District - Baines
18. Infill Development Ad Hoc Subcommittee - Brand, Baines, Olivier
19. Litigation Exposure Reduction Ad Hoc Committee – Brandau, Caprioglio
20. Convention Center Oversight Advisory Board – Baines, (Brand-Alternate), City Manager

3B) City Council recommends the "Asset Management Act" whereas the City is the largest real estate owner in the City and if approved will send out a request for qualificationsreal estate brokerage firms for strategic planning and asset management.

Scheduled Council Hearings and Matters:

10:00AM A) The City will sale one parcel (1) consisting of approximately 2.25 acres on the north side of Dakota between Peach and Winery Avenues located at 5025 E. Dakota Avenue (map) to Fresno Moose Family Center #445 for $265,000.

10:00AM B) City staff solicited bids from qualified vendors to provide year-round property maintenance, trash clean-up and weed control for City-owned properties throughout the City of Fresno. Staff is recommending that the Board award a contract in the amount of $129,910.00 to Fresno County Economic Opportunities Commission as the lowest responsive bidder.

10:10AM) A workshop is being held to receive Council feedback and direction on updating City codes and policies applicable to these facilities, so that community concerns may be addressed. The report contains information regarding current City policies and state regulations relating to California Redemption Value (CRV) recycling facilities. The report discusses problems attributed to these facilities, and possible solutions to these problems. As part of the preparation for this workshop, studies were conducted on the Police Department service demand associated with CRV recycling facilities. Staff will return on March 27th (unless Council directs otherwise) with the necessary documentation to begin the process of amending the appropriate portions of the Municipal Code and respective department policies.

10:30AM #1) In response to community concerns regarding the use of shopping carts for illegal purposes, staff is recommending an amendment to the Fresno Municipal Code (FMC). In coordination with community members, business owners, and the grocery industry association, the proposed amendments will enhance the City's ability to work with Cart Owners to maintain their property as part of their existing cart containment plans. Additionally, the amendments will allow the City to better enforce the collection of carts unlawfully removed from the Cart Owner's premises.

10:30AM #2) In response to concerns raised by residents and local businesses that use City parks, staff recommends an amendment to the Fresno Municipal Code (FMC) that would prohibit shopping carts in City parks. Currently, individuals wheel shopping cart(s) onto City park properties and (1) abandon the cart or multiple carts on park properties; (2) park carts in areas that are reserved for recreation and family activities; (3) use the carts and materials contained in the carts for illegal purposes; and (4) cause City parks to direct scarce resources to clean-up and collect abandoned carts. The proposed amendment is recommended in order to maintain a family-friendly environment at City parks.

Febuary 27, 2014 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) City staff recommends awarding a contract in the amount of $108,500.00 to Floyd Johnston Construction Company, Inc. of Clovis, California, for constructing four new manhole access sewer structures within the City of Fresno.

1B) The landowner of property near Barstow & Garfield (map) wishes to be annexed to a Community Facilities District where the City will be responsible for the operation and maintenance of to concrete curbs and gutters, valley gutters, traffic calming curbs and hardscaping, sidewalks, curb ramps, interior street paving, street signage and street lighting. The cost for these services will be covered by a property tax assessed at $554.50/lot annually. This Resolution of Intention begins the process and sets the required public hearing for March 27, 2014 at 10:30am.

1C) Gary Giannetta Engineering on behalf of Gary McDonald Homes is requesting the vacation of the existing ten foot wide public utility easement (PUE) along the north side East Clubhouse Drive, east of North Alicante Drive (map). The purpose of the vacation is to eliminate the unnecessary PUE that is encumbering the affected lots.

1D) City staff has developed a cooperative agreement with the County of Fresno to install bicycle lanes on Cedar Avenue between McKinley Avenue and Clinton Avenue (map). The addition of bicycle lanes will be accomplished by narrowing the existing lanes without removing any travel lanes or parking areas. The estimated total project cost is $254,100 and the City's contribution is not to exceed $106,700, which will be paid by the Measure "C" Bicycle Lane annual allocation. Construction is scheduled to begin in Fiscal Year 2015.

1E) In order to remain compliant with current NFIP and FEMA requirements for flood insurance, staff is introducing the attached revisions to the current Flood Plain Ordinance to be considered for adoption which repeals current sections 11-601 and 11-607 of the Fresno Municipal Code Flood Plain Management Ordinance and adds new sections 11-601 and 11-607, and amends sections 11-625 and 11-632.

General Administration:

2A) A workshop relating to Measure "C" Transit Oriented Development (TOD) funding and downtown projects will be given by the City Manager.

2B) City Staff recommends that the City Council adopt a resolution authorizing the City to apply for $533,457 from the Measure "C" Transit-Oriented Development (TOD) program to fund capital improvement projects related to proposed development in the Cultural Arts District at the "Met block" as well as along Broadway between Calaveras and San Joaquin Streets.

2C) The Department of Transportation/Fresno Area Express (FAX) is looking to award a consulting contract of $303,277 for the development of a Facility Assessment and Capital Master Plan for its facility located at 2223 "G" Street, Fresno California (map) where they park and maintain all of the city buses. FAX's operation and maintenance facilities are more than 30 years old and are in need of repair due to deferred maintenance. An overall facilities assessment will be conducted to determine current and future capital improvements, upgrades to technology and changes to physical layout that could improve the overall operational efficiencies and/or the use of space.

2D) The Department of Transportation/Fresno Area Express (FAX) is looking to award a contract of $148,869 with Siegfried Engineering Inc., for design and engineering services for new transit bus stop shelters to replace prefabricated transit shelter units at key locations in the downtown area. Additional shelters will be constructed outside the Downtown area will be constructed as grant funding becomes available.

2E) The City of Fresno seeks to construct planting and irrigation improvements along various downtown streets. The project will replace existing diseased or missing trees in existing tree wells, install new tree wells and trees and install new irrigation to tree wells. Staff recommends Council approve award of a construction contract for the Base Bid, plus Additive Alternate Numbers 1 and 3, to Naturescapes of San Jose, California in the amount of $549,978.25 as the lowest responsive and responsible bidder for the Downtown Planting and Irrigation Project.

2F) The City of Fresno has prepared an application to the State of California Strategic Growth Council's Sustainable Communities Planning Grant and Implementation Program (Proposition 84) in the amount of $1,000,000 for two grants: an Environmental Justice grant to support development of a South West Area Specific Plan; and creation of an Infill Development Pattern Book to assist in streamlining new investments in existing neighborhoods.

2G) A new Fresno Municipal Code (FMC) text amendment is being introduced that proposes to allow for the expansion and use of outdoor dining areas, including within street easements and rights-of-way (i.e. sidewalks), without requiring a special permit for certain uses.  Currently, the FMC only allows outdoor dining in conjunction with a restaurant. The approval of the proposed text amendment would allow for outdoor dining at Restaurants, Taverns, Delicatessens, Ice Cream Stores, Cafeterias, Banquet Hails, Bakeries, Micro-breweries, Nightclubs and other similar uses.

Scheduled Council Hearings and Matters:

10:00AM) Continued to 1:30PM

10:10AM) Continued to 1:40PM

1:30PM) A proposed project, filed by Brent McCaffrey, on behalf of The McCaffrey Group, pertains to approximately 17.56 net acres of property located on the northwest and northeast corners of North Hayes and West Herndon Avenues (map). The applicant proposes to amend the 2025 Fresno General Plan and the Bullard Community Plan from the neighborhood commercial planned land use to the medium density residential planned land use designation for 13.26 net acres and from the office commercial planned land use to the medium-low density residential planned land use designation for 4.30 net acres. The applicant also proposes to reclassify the 13.26 net acres from Neighborhood Shopping Center zone district and the 4.30 net acres from the Administrative and Professional Office zone district to the Single Family Residential zone district. These applications have been filed in order to facilitate approval of two single family residential development subdivisions with modified property development standards, one with 95 lots and the other with 15 lots.

1:40PM) A proposed project on the East side of North Polk Avenue between West Corona and North Dante Avenues (map), filed by Brent McCaffrey, on behalf of the McCaffrey Group, has filed multiple applications to amend the 2025 General Plan and Bullard Community Plan from the Medium High Density Residential planned land use designation to the Medium Density Residential planned land use designation; and to reclassify the subject property from Low Density Multiple Family Residential zone district to Single Family Residential which would allow modified property development standards, private streets, a gated club house with a pool and a series passive pocket parks in order to create a 69-lot single family subdivision on 9.27 net acres.

5:00PM) The Fulton Mall Reconstruction Project proposes the creation of a complete street on 11 city blocks in Downtown Fresno’s central business district by reintroducing vehicle traffic lanes to the existing pedestrian mall. City Council action is requested for several facets of the Fulton Mall Reconstruction Project:

• Certification of the Final Environmental Impact Report 
• Approval of Plan Amendment A-13-008 redesignating the Fulton Mall as a local street and amending the 2025 Fresno General Plan and Central Area Community Plan accordingly
• Amendments to the Fresno Municipal Code for consistency with the plan amendments; 
• Selection of Project Option 1 as the City’s preferred build alternative 
• Authorization for the Public Works Director to take steps necessary to secure construction funding

Febuary 13, 2014 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 City Public Works department would like to continue its Bridge Preventive Maintenance Program paid for from federal grant HPB funds of $42,000 and ABX8 6 Gas Tax funds of $28,200. The program evaluates deficiencies of the City's bridges, scope appropriate preventive maintenance projects and prepares a plan for implementation.

1B) The Parks, After School, Recreation and Community Services Department operates the Lafayette Neighborhood Center, located at 1516 E. Princeton Avenue (map), providing the neighborhood with recreational programs and community services. They are making an agreement with The Way Ministries that will establish a secondary recreation and services for this site and be responsible for the development and facilitation of programs in the building as well as utilizing the outside park space for one year.

1C) Staff is providing one more option that departments may exercise to meet their technology needs through Dell. Computers leased under this contract must be financed by existing budget money or must have Council approval for more. Departments which choose to use this option will be billed monthly for the lease. The initial cost of the computers will be neutral or slightly lower than the cost for purchasing. Some potential additional costs may include:
• Shipping/handling costs at the end of the lease term when returning computers.
• Continued monthly costs if the leased computer is not returned at the end of the lease.

1D) Lars Andersen and Associates on behalf of Boos Development is requesting the vacation of the 16 foot wide public utility easement (PUE) located west of North Blackstone Avenue and north of East Floradora Avenue (map). The purpose of the vacation is to remove the unused PUE from the parcel to accommodate the development of an O'Reilly's Auto Parts store.

1E) Council will create an article to be added to the City municipal code that will exempt the City from the whole section when signs are on City property.  The addition is as follows:
SECTION 12-1271. This article shall not apply to signs placed by the city on city property or right of way, subject to appropriate environmental review.

General Administration:

2A) A workshop relating to homelessness will be given by the City Manager’s Office.

2B) A workshop relating to Transit Oriented Development (TOD) and downtown projects will be given by the City Manager’s Office.

2C) City staff recommends that the City Council be authorized the City to apply for $1,800,000 from the Measure "C" Transit-Oriented Development (TOD) program to serve as local matching funds for the proposed Fulton Mall Reconstruction Project, subject to future Council consideration of whether to authorize the project and whether to approve a contract for and budget the funds, if awarded.

Scheduled Council Hearings and Matters:

10:30AM)  State legislation, ABXl 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 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. This is another schedule.

Febuary 6, 2014 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 City of Fresno has added one new position called the Law Office Assistant, they perform administrative and complex accounting work to assist the City Attorney's Office.  It is estimated that the salary and benefit expenses for this position are approximately $60,533 on an annual basis. Funding for this position has been included in the current fiscal year budget.

1B) The City's Information Services Department (ISD) wishes to update all of the City's computers for Windows XP to Windows 7 since Microsoft will no longer support this version.  It will take $480,000 to purchase licenses for Windows 7 and future Windows versions to replace Windows XP and computer hardware requirements for Windows 7. Microsoft support for Windows XP will end on April 8, 2014.

1C) The City has a communication tower located at Fire Station 13 and made an agreement in 1993 for 25 years that Contel Cellular of California, Inc. be able to sub-license the towers communication's capabilities for a monthly fee of $1,651.28.  Now Crown Castle GT Company LLC has taken over for Contel Cellular and the City wishes to extend the contract for 5 more years for a one-time fee of $10,000.00 to 2023.

1D) The Fire Department was awarded $95,100 towards equipment needs for the Department and Urban Search and Rescue Team. The equipment includes 3 portable video cameras, 4 global positioning system units, 74 self contained breathing apparatus units, 20 sets of swift water gloves and boots, 20 rescue strobe lights, 20 rescue knives, and 24 intrinsically safe batteries.

1E) City Council will approve the reappointments of Paul Bauer, Fely Guzman, Tommie Nellon and Jose Plascencia to the Fresno Regional Workforce Investment Board from the Mayor’s Office.

1F) Unclassified employees are at-will employees. The one significant exception to the at-will status of unclassified employees is that represented unclassified employees have the same rights as classified employees in the event of layoff or reduction in force, other than reorganization or reduction of individual positions. Council recently approved a Memorandum of Understanding (MOU) between the City the City of Fresno Management Employees Association (CFMEA) which represents employees in Unit 14 employees where those hired by the City on or after December 31, 2013 are exempted from these rights.  The municipal code will be changed to reflect this agreement.

1G) The City will adopt a policy authorizing the City Manager the authority to reduce and/or eliminate selected Citywide impact fees for industrial development projects that create new jobs, increase assessed property valuation, and promote economic development.

General Administration:

2A) Leadership Fresno Class 30 in partnership with the City of Fresno plan to place two "gateway" monuments, one being on North bound highway 99 approximately 1000 feet north of the Cedar/North exit and the other on South bound Highway 41 about 5000 feet north of the Friant exit.  The Leadership Fresno Class must raise all the funds to support these monuments but there is an expected $2,500 annual maintenance cost to the city for the life of the monuments.

2B) The City of Fresno plans to award a construction contract in the amount of $1,125,126 to Maxwell Smart Construction, Inc. of Clovis, California for the acoustic treatment of 70 homes in the vicinity of Fresno Yosemite International Airport.

2C) The City wishes to become a partner with PG&E in their 811 Dig-In Safety Awareness Campaign, where people can dial in 811 before doing any excavation work to ensure no utility lines are compromised. The City will receive $25,000 as charitable contribution from PG&E to purchase materials and be reimbursed for City administration costs incurred as a partner in the program.

2D) In preparation for the California High Speed Rail Project, the City plans to approve a professional services agreement with Cornerstone Structural Engineering in the amount of $1,800,000 for on-call design plan check review services for City infrastructure associated with the construction of the California High-Speed Rail.

City Council:

3A) Councilmember Brand is introducing an article to be added to the City municipal code that will exempt the City from the whole section when signs are on City property.  The addition is as follows:
SECTION 12-1271. This article shall not apply to signs placed by the city on city property or right of way, subject to appropriate environmental review.

Scheduled Council Hearings and Matters:

2:15PM) A workshop relating to Downtown Parking Improvement Proposal will be presented by Ace Parking Management, Inc.

2:30PM) After staff had engaged the community and gathered input on the final City of Fresno Design Guidelines. Staff recommends adoption of the final City of Fresno Design Guidelines for the California High Speed Rail Project, in order for the guidelines to be incorporated into the project to the greatest extent possible.

2:45PM) In accordance with the Political Act of 1974, the City Council and the Redevelopment Agency Board is the code reviewing body for the City of Fresno's Conflict of Interest Code. Part of the City of Fresno's Conflict Code consists of the Exhibits, which list the employee classifications required to file statements of economic interests, together with the types of economic interest those employees filling the classifications must disclose and they will continue to do so.

2:50PM) Rick Morse will appear to discuss the future of marijuana in the City of Fresno.

5:00PM)  The proposed project, filed by Bryan Sassano of S.I.M Architects, on behalf of Spencer Enterprises, Inc., pertains to approximately 9.99 net acres of property located on the northeast corner of East Nees and North Chestnut Avenues (map). The applicant proposes to amend the 2025 Fresno General Plan and the Woodward Park Community Plan from the neighborhood commercial planned land use designated for the site, to the medium-high density residential planned land use designation. The applicant also proposes to reclassify the site from a Neighborhood Shopping Center zone district to a Low Density Multiple Family Residential zone district. These applications have been filed in order to facilitate approval of a proposed 160 unit multiple family residential gated community with community building, swimming pool, detached garages, and carports.

January 30, 2014 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 Fresno Director of Aviation is agreeing to lease for 2 years 17,368 square feet of aircraft hangar, office and open ramp space to Aerial Solutions Inc., a new not-for-profit business that will provide aerial surveillance services for law enforcement clients, for $800 a month.

1B) The City Council wishes to authorize the Interim Director of Aviation to execute a 5th contract amendment with ERMWEST, INC., 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 $288,000 for the 2014 year. The City's financial responsibility for Amendment No.5 is $28,800 (10% of the total cost).

History: "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) Council to approve the reappointments of Steven Bedrosian to the Fresno Housing Authority, and Grace Gomes and Vonnie Franks to the Fresno-Madera Area Agency on Aging from Mayor’s Office.

1D) The City's Transportation Department contracts with Diversified Transportation, LLC (DBA Keolis Transit America), to provide demand-response transportation services, offering curb-to-curb transportation for citizens with disabilities in accordance with the ADA. They were penalized $100 per call for telephone calls in which the customer remains on "hold" in excess of 5 minutes. Staff, after further consideration, believes that $100 per call is overly punitive. This amendment would modify the disincentive to $10 per call with daily caps that increase based on a sliding scale, yielding a maximum monthly disincentive of $12,000.

1E) Unclassified employees are at will employees. The one significant exception to the at will status of unclassified employees is that represented unclassified employees have the same rights as classified employees in the event of layoff or reduction in force, other than reorganization or reduction of individual positions. Council recently approved a Memorandum of Understanding (MOU) between the City the City of Fresno Management Employees Association (CFMEA) which represents employees in Unit 14 employees where those hired by the City on or after December 31, 2013 are exempted from these rights.

1F) The City is becoming a member of the Friant Water Authority (FWA) Joint Powers Agreement and will be taking a leading role in the development of  long-term regional planning and management of Friant-Kern Canal water resources. The initial call-for-funds to participate in the FWA JPA is $38,419.77 which will be paid from the Water Division's FY 2014 Operations and Maintenance Program budget. A council member will be selected as the City's representative.

1G) The developer for the El Paseo project, aka John Allen Company, LLC, requested City assistance to acquire the necessary right-of-way from ten adjacent parcels for public street and public utility easements. The property owned by Jenco Farms, L.P., located on the northeast corner of Riverside Drive and Herndon Avenue (map), is one of ten partial acquisitions that will be required for the project. The property owner has agreed to the appraised value of $2,600 for approximately 514 square feet of the property. The property, zoned C-2, C-R, is currently vacant and the highest and best use has been determined to be commercial development.

1H) The developer for the El Paseo project, aka John Allen Company, LLC, requested City assistance to acquire the necessary right-of-way from ten adjacent parcels for public street and public utility easements. The property owned by US Property Investors Group, LLC, located on the northwest corner of Riverside Drive and Herndon Avenue (map), is one of ten partial acquisitions that will be required for the project. The property owner has agreed to the appraised value of $1,200 for approximately 599 square feet of the property. The property, zoned R-1, is currently vacant and the highest and best use has been determined to be residential development.

1I) The developer for the El Paseo project, aka John Allen Company, LLC, requested City assistance to acquire the necessary right-of-way from ten adjacent parcels for public street and public utility easements. The property owned by Herndon, LLC, located on the southeast corner of Riverside Drive and Herndon Avenue (map), is one of ten partial acquisitions that will be required for the project. The property owner has agreed to the appraised value of $5,400 for approximately 1,067 square feet of the property. The property, zoned C-1, is currently vacant and the highest and best use has been determined to be commercial development.

1J) Staff has developed a cooperative agreement with the County of Fresno for a joint street resurfacing project on Jensen Avenue from approximately Sunland Avenue to Maple Avenue (map). The project will be largely funded by a federal grant under the Regional Surface Transportation Program (RSTP) through a competitive Regional Bid application, with the City and County sharing the local match responsibility based upon each agency's proportionate share of Jensen Avenue. The estimated total project cost is $1,116,351 and the City's contribution is not to exceed $82,800, which will be paid by Proposition 111 Special Gas Tax.

1K) On April 5, 2012 the Council approved the vacation of a portion of Allen Avenue and Shepard Street at the southeast corner of West Herndon Avenue and North Riverside Drive (formerly North Bryan Avenue - map). A design change for the intersection is resulting in approximately 935 square feet more of excess right-of-way. The purpose for the vacation is to eliminate the additional excess public street right-of-way so that it can be incorporated into the development of a fast food restaurant.

1L) To accommodate the widening of West Herndon Avenue from State Route Freeway 99 to North Weber Avenue the City of Fresno acquired two parcels in fee simple title because most of the parcels would be encumbered by various easements for said widening. In order to accommodate the previously constructed street and trail improvements across the parcels it is necessary to dedicate easements for public street purposes of an easement for public pedestrian walkway and bicycle path purposes and easements for public slope purposes.

1M) A transaction including six parcels covering more than nine acres of land currently zoned residential, industrial and commercial. Two separate, but distinct projects are involved with this acquisition. Of the $725,200 purchase price, $116,800 is being attributed to the El Paseo project and the remaining $608,400 is going toward the Veterans Boulevard project. El Paseo will be connecting Riverside Drive at the Veterans Boulevard intersection. Construction is already underway with completion expected prior to the March 9, 2014 grand opening of the major retailers. The Veterans Boulevard project is expected to commence in calendar year 2015 with the construction of a multi-lane over the Union Pacific Railroad corridor boulevard that will substantially alleviate east/west traffic in and around State Route 99.

1N) The Public Works Department has successfully completed the preliminary engineering of Herndon Avenue widening from Brawley Avenue to Valentine Avenue under budget. The cost for right-of-way and utility relocation of this project including canal undergrounding, exceeded original estimate. The proposed First Amendment with Fresno County Transportation Authority (FTCA) will allow the $108,200 funds to be transferred from preliminary engineering phase to right-of-way phase. This transfer will allow different phases of project to be fully funded.

1O) Measure C funds are set to be released for the Broadway-Fulton Alley Improvements from Calaveras Street to San Joaquin Street in the amount of $456,250. The project scope will include the repaving of the alley and undergrounding of the overhead utilities in order to facilitate adjacent infill development and the construction of the proposed Cultural Arts District park project, which also backs up to this particular alley.

1P) Measure C funds are set to be released for the Broadway-Fulton Alley Improvements from San Joaquin Street to Amador Street in the amount of $63,000. The project scope will include the repaving of the alley to provide for proper circulation and drainage in the vicinity of the Fulton Village development.

1Q) Measure C funds are set to be released for the Storm Drain Improvements on "L" Street from Calaveras Street to San Joaquin Street in the amount of $89,680. The project scope will include the installation of a storm drain pipeline and drain inlet to improve drainage in the immediate vicinity of the project.

1R) Staff has completed the annual update of City-wide priority ranking lists for new traffic signal installations and left turn phasing installations that are partially or wholly funded through traffic signal mitigation impact fees. Check out here of page 4 to see the list.

General Administration:

2A) The City will apply for $1,800,000 from the Measure "C" Transit-Oriented Development (TOD) program to serve as local matching funds for the proposed Fulton Mall Reconstruction Project, subject to future Council consideration of whether to authorize the project and whether to approve a contract for and budget the funds, if awarded.

2B) The public and employee parking lots at FAT are currently operated under a management contract with Standard Parking Corporation (Standard), a Delaware Corporation and is renewing their contract for a total potential cost of $1,961,858 for 5 years.

2C) The City will adopt a policy authorizing the City Manager the authority to reduce and/or eliminate selected Citywide impact fees for industrial development projects that create new jobs, increase assessed property valuation, and promote economic development.  No documents were provided for this item as of this posting.

2D) The City Administrative Officer (CAO), City Attorney, City Controller and Risk/Safety Manager currently have varying levels of discretion to deny claims, including a claim in litigation, approve payment for any claim or pending litigation, or compromise any claim. This proposed Ordinance amends the Fresno Municipal Code by increasing the authority of the CAO, City Attorney and City Controller to:
1) approve settlements;
2) compromise claims; and
3) write-off code enforcement fines, penalties, abatement costs, attorney fees, interest and liens.
This also increases the levels when these staff can use this authority, otherwise amounts exceeding the authorized limits will be submitted to the City Council for approval.

2E) Three new classifications have been developed to meet the evolving needs of City operations.

1. The Development Service Coordinator: serves a vital role as the initial point of contact in the development process under the Business Friendly Fresno initiative. It is estimated that the salary and benefit expenses of this position are approximately $75,000 on an annual basis.
2. Housing Rehabilitation Specialist: created to inspect and evaluate housing structures in accordance with the City's housing rehabilitation programs and building codes, and to ensure compliance with HUD grant terms. It is estimated that the salary and benefits expenses for this position are approximately $73,300 on an annual basis. This position is fully funded through grant programs; primarily the Healthy Homes Lead Hazard Control Grant.
3. Energy Efficiency Supervisor: new class defines the level of the duties and responsibilities associated with the City's Business and Home Energy Tune-up Programs. It is estimated that the salary and benefit expenses for this position are approximately $82,300 on an annual basis. This position is funded by PG&E Energy Efficiency funding for the Sustainability Division's Central Valley Energy Tune up program

2F) Staff recommends awarding a contract in the amount of $694,562.50 to Repipe-California of Riverside, California, for the Sewer Rehabilitation of Downtown Sewer System on Kern Street and Fulton Alleys.

2G) The City of Fresno and the Fire Department have negotiated and come to an agreement on "a wide array of changes which will assist the City in recovering from a major recession."  These changes include: salaries, health & welfare, bilingual certification, conversions between 56 and 40 hour work schedules, bereavement leave, health reimbursement, workers comp, pension, deferred compensation, paid time off, leave, language clean-up, deputy chief salary range, holiday accruals, vacation accruals and shift replacement. It is estimated there to be a savings of $1.9 million of the next 3 years due to these changes.

Scheduled Council Hearings and Matters:

10:00AM) A hearing regarding the proposed amendment of the City of Fresno’s Master Fee Schedule to increase water connection fees has been continued to 3/27/2014 at 10:00 a.m.

10:15AM) The adoption of City of Fresno Design Guidelines for the California High Speed Rail Project for property located in Districts 1, 2 & 3 has been continued to 2/6/2014 at 10:15 a.m.

10:40AM) A proposed 160 unit multiple family residential gated community with community building, swimming pool, detached garages, and carports project, filed by Bryan Sassano of S.I.M Architects, on behalf of Spencer Enterprises, Inc., that pertains to approximately 9.99 net acres of property located on the northeast corner of East Nees and North Chestnut Avenues (map) proposes to amend the 2025 Fresno General Plan and the Woodward Park Community Plan from the neighborhood commercial planned land use designated for the site, to the medium-high density residential planned land use designation. The applicant also proposes to reclassify the site from the Neighborhood Shopping Center use to a Low Density Multiple Family Residential zone district.  This item has been continued to 2/6/2014 at 5pm.

5:00PM) The Department of Transportation/Fresno Area Express (FAX) is proposing to construct a Bus Rapid Transit (BRT) project to improve the level of public transportation in the City of Fresno. The project is an approximately 15.7-mile BRT line connecting the major north-south corridor (Blackstone Ave.) and a major east-west corridor (Ventura Ave. and Kings Canyon Rd) to Downtown. In addition to improving the level of service, it is anticipated that BRT will encourage redevelopment of underdeveloped parcels and attract infill transit oriented development along both corridors. This item will approve of the environmental reports done on the project furthering it along on the process.

January 16, 2014 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 City of Fresno has 220 large water meters ranging from 15 to 20 years old left in the system that are in need of being replaced with meters that conform to the new automated meter reading system the City now employs. The old meters lack the necessary technology to be reused and have lost their accuracy. City staff recommends the award of a contract in the amount of 3,181.68 to Metron Farnier LLC for Single Jet Water Meters for an one-year contract with provisions for two one-year extensions, total amount not to exceed $429,545.04.

General Administration:

2A) Fresno County will receive $1,168,285 from the California Board of State and Community Corrections (BSCC). Members of the Fresno Madera Counties Police Chiefs' Association (Association) and a representative of the Fresno County District Attorney's Office met to discuss the allocation of funds, various community needs, and the fiscal oversight of funds. It was agreed the Fresno Police Department will continue as the fiscal agent on behalf of the Association. Continuing discussions among representatives have collectively agreed to allocate the funds for electronic filing, regional data sharing & predictive analytic and hiring a countywide crime analyst.

2B) On December 5, 2013, the Fresno City Council approved an Amended and Restated Management Agreement between the City of Fresno and SMG for the Convention Center operations where the parties agreed to establish and reasonably participate in an Advisory Board to review facility operations.  This is a letter from the City Manager requesting a representative from each organization.

City Council:

3A) City council is agreeing on who will represent the City of Fresno on various boards and committees as follows:
1. Council of Governments - Swearengin-Ex-Officio (Olivier-Alternate)
2. Financial Audit Committee - Brand, Olivier, Xiong
3. Fresno Area Workforce Investment Corporation - Baines
4. Fresno County Transportation Authority (FCTA) - Swearengin, Brandau
5. Fresno Regional Workforce Investment Board - Baines, Renena Smith
6. Fresno County Zoo Authority - Swearengin (Baines-Alternate)
7. Fresno Madera Area Agency on Aging Board - Olivier
8. Joint Powers Financing Authority - Olivier
9. Leadership Council on Ending Homelessness - Swearengin, Baines
10. San Joaquin River Conservancy Board - Swearengin (Brandau-Alternate)
11. Association for the Beautification of Highway 99 - Baines
12. Upper Kings Basin Integrated Regional Water Management JPA - Xiong
13. Pension Reform Task Force - Brand, Xiong, (3rd Member vacant)
14. Economic Development Corporation Serving Fresno County - Brandau-Ex-Officio
15. Fresno/Clovis Convention & Visitors Bureau (CVB) - Amy Fuentes
16. League of California Cities (Annual Meeting) - Swearengin (Olivier-Alternate)
17. San Joaquin Valley Air Pollution Control District - Baines
18. Infill Development Ad Hoc Subcommittee - Brand, Baines, Olivier
19. Litigation Exposure Reduction Ad Hoc Committee - Brandau, Caprioglio

Scheduled Council Hearings and Matters:

2:00PM) The landowner of the development near Armstrong and Pontiac (map) has petitioned the City of Fresno to be annexed into Community Facilities District No. 11 to provide funding for the operation and reserves for maintenance ("Services") pertaining to the landscaping and irrigation systems within the street rights-of-way and landscape easements along North Armstrong Avenue and Outlot A, concrete curbs and gutters, valley gutters, traffic calming curbs and hardscaping, sidewalks, Outlot A walkway and curb ramps, interior street paving, street signage and street lighting associated with this subdivision. This item sets forth the public hearing for formal consideration. If adopted by the Council, the attached ordinance would levy the proposed Maximum Special Tax of $361.33 per residential lot (totaling $$33,603.58) to provide Services for FY13-14. 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.

2:15PM) The landowner of a development near Polk and Clinton Ave. (map) has petitioned the City of Fresno to be annexed into CFD No. 2 to provide funding for the maintenance services pertaining to the landscaping and irrigation systems located within the street rights-of-way and landscape easements, including the median island in North Polk Avenue, as associated with these subdivisions. This item is a declaration of its intention to annex. If adopted by the Council, the attached ordinance would levy the proposed Maximum Special Tax of $214.58 per residential lot to provide Services for FY13-14. 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.

2:20PM) A Plan Amendment Application from Lennar Homes proposes to change the planned land use designation of the 2025 Fresno General Plan and West Area Community Plan, for an approximately 5.74 acre portion of the subject property, from the Commercial Business Park planned land use designation to the Medium Density Residential (4.99-10.37 dwelling units/acre) planned land use designation located on the west side of North Grantland Avenue between West Shaw and West Barstow Avenues (map).