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.