The URL can be used to link to this page

Home My WebLink About2014-07-24 Council Agenda PacketThursday, July 24, 2014 8:30 AM City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Council Chambers City Council Meeting Agenda - Final-revised Regular Session July 24, 2014City Council Meeting Agenda - Final-revised ID#14-220 The City Council welcomes you to the Council Chambers, located in City Hall, 2nd Floor, 2600 Fresno Street, Fresno CA 93721. The agenda and related staff reports are available on (www.fresno.gov) as well as in the Office of the City Clerk. The Council meeting can also be heard live at the same web site address, and viewed live on Comcast Channel 96 and AT&T Channel 99 from 8:30 a.m. and re-played beginning at 8:00 p.m. PROCESS: For each matter considered by the Council there will first be a staff presentation followed by a presentation from the involved individuals, if present. Testimony from those in attendance will then be taken. All testimony will be limited to three minutes per person. If you would like to speak fill out a Speaker Request Form available from the City Clerk’s Office and in the Council Chambers. The three lights on the podium next to the microphone will indicate the amount of time remaining for the speaker. The green light on the podium will be turned on when the speaker begins. The yellow light will come on with one minute remaining. The speaker should be completing the testimony by the time the red light comes on and tones sound, indicating that time has expired. A countdown of time remaining to speak is also displayed on the large screen behind the Council dais. No documents shall be accepted for Council review unless they are submitted to the City Clerk at least 24 hours prior to the Council Agenda item being heard. Following is a general schedule of items for Council consideration and action. The City Council may consider and act on an agenda item in any order it deems appropriate. Actual timed items may be heard later but not before the time set on agenda. Persons interested in an item listed on the agenda are advised to be present throughout the meeting to ensure their presence when the item is called. Page 2 City of Fresno ***Subject to Mayoral Veto July 24, 2014City Council Meeting Agenda - Final-revised 8:35 A.M. ROLL CALL Invocation Pledge of Allegiance to the Flag Ceremonial Presentations: Proclamation of "AMERICANS WITH DISABILITIES ACT AWARENESS DAY" - Councilmember Xiong Approve City Council Minutes Approval of City Council minutes from June 19, June 26, and July 10, 2014 ID#14-200 Approve Successor Agency and FRC Minutes Approval of Successor Agency and Fresno Revitalization Corporation minutes from June 19 and June 26, 2014 ID#14-212 Councilmember Reports and Comments Approve Agenda 1. CONSENT CALENDAR All Consent Calendar items are considered to be routine and will be treated as one agenda item. The Consent Calendar will be enacted by one motion. Public comment on the Consent Calendar is limited to three (3) minutes per speaker. There will be no separate discussion of these items unless requested by a Councilmember, in which event the item will be removed from the Consent Calendar and will be considered as time allows. Approve Structure Lease Agreement with Cingular Wireless at City of Fresno Parking Garage #7 located at 801 Van Ness Avenue (Council District 3) ID#13-354 Award a requirements contract in the amount of $184,563 to Olin Corporation dba Olin Chlor Alkali Products (“Olin’’), for bulk sodium hydroxide and authorize the Director of Public Utilities, or his designee, to execute a one-year contract with ID#14-125 Page 3 City of Fresno ***Subject to Mayoral Veto July 24, 2014City Council Meeting Agenda - Final-revised provisions for two one-year extensions - Bid File 9278 (Citywide) Sponsors:Department of Public Utilities Approve a substitution of a listed subcontractor Halopoff & Sons, Inc., for the Van Ness Avenue Pavement Overlay from Inyo Street to Railroad Avenue (Council District 3) ID#14-129 Sponsors:Public Works Department 1.RESOLUTION - Authorizing the Chief of Police or designee to specify TASER International, Inc., without substitution, for the purchase of 100 TASER Axon Flex Body-worn video cameras under the sole source competitive bidding exception 2.Award a purchase contract in the amount of $159,732.13 to TASER International, Inc., for the purchase and service of body video cameras to be worn by police officers ID#14-152 Sponsors:Police Department Approve a substitution of a listed subcontractor Halopoff & Sons, Inc., for the Herndon Avenue Eastbound Widening from Brawley Avenue to Blythe Avenue - Council District 2 ID#14-155 Sponsors:Public Works Department Approve a substitution of listed subcontractor McCurley and Day Masonry, Inc., for the Universally Accessible Park - (Council District 1) ID#14-156 Sponsors:Public Works Department BILL NO. B-30 (Intro. 6/26/2014) (For adoption) - Amending the Fresno Municipal Code to establish zoning and use regulations for payday lending (Citywide Application) - Development and Resource Management Department ID#14-179 Sponsors:Planning and Development Department Approve Structure Lease Agreement with Cingular Wireless at City of Fresno Parking Garage #7 located at 801 Van Ness Avenue (Council District 3) ID#13-354 CONTESTED CONSENT CALENDAR Page 4 City of Fresno ***Subject to Mayoral Veto July 24, 2014City Council Meeting Agenda - Final-revised 2. GENERAL ADMINISTRATION 3. CITY COUNCIL 4. CLOSED SESSION 5. SCHEDULED COUNCIL HEARINGS AND MATTERS Page 5 City of Fresno ***Subject to Mayoral Veto July 24, 2014City Council Meeting Agenda - Final-revised 10:00 A.M. HEARING to consider the proposed Annual Assessment for the City of Fresno Landscaping and Lighting Maintenance District No. 1 (Citywide) 1.RESOLUTION confirming the diagram and assessment and levy of annual assessment, 2014-2015, for Landscaping and Lighting District No. 1 ID#14-107 Sponsors:Public Works Department PLEASE NOTE: UNSCHEDULED COMMUNICATIONS IS NOT SCHEDULED FOR A SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING UNSCHEDULED COMMUNICATION Members of the public may address the Council regarding items that are not listed on the agenda and within the subject matter jurisdiction of the Council. Each person is limited to a three (3) minute presentation. Anyone wishing to be placed on an agenda for a specified topic should contact the City Clerk’s Office at least ten (10) days prior to the desired date. Council action on unscheduled items, if any, shall be limited to referring the item to staff for a report and possible scheduling on a future Council agenda. ADJOURNMENT UPCOMING HEARINGS AND MATTERS Aug. 21 2:00 P.M. HEARING re: Final Tract Map No. 6073 annexed to CFD No 11; northside of E. Church Avenue betw. S. Chestnut and Peach Avenues (Council District 5) July 31 1:30 P.M. Actions pertaining to a consultant contract for the High Speed Rail Station Area Master Plan UPCOMING EMPLOYEE CEREMONIES July 31 8:30 A.M. - Employee of the Summer Quarter (Reception Immediately following - Page 6 City of Fresno ***Subject to Mayoral Veto July 24, 2014City Council Meeting Agenda - Final-revised 2nd floor foyer) Oct. 2 8:30 A.M. Employee of the Fall Quarter (Reception immediately following - 2nd floor foyer) Oct. 22 (Weds) 2:00 P.M. - Presentation of Employee Service Awards ( Reception immdiately following - 2nd floor foyer) Page 7 City of Fresno ***Subject to Mayoral Veto City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-220 Agenda Date:7/24/2014 Agenda #: City of Fresno Printed on 12/15/2022Page 1 of 1 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-200 Agenda Date:7/24/2014 Agenda #: Approval of City Council minutes from June 19, June 26, and July 10, 2014 City of Fresno Printed on 12/15/2022Page 1 of 1 powered by Legistar™ June 19, 2014 Page 1 of 14 City Council Minutes June 19, 2014 The City Council met in regular session at the hour of 1:30 P.M. in the Council Chamber, City Hall, on the day above written. 1:39 P.M. ROLL CALL Present: Oliver Baines III Acting Council President – arrived shortly thereafter Lee Brand Councilmember Paul Caprioglio Councilmember Clinton Olivier Councilmember Sal Quintero Councilmember Blong Xiong Councilmember Steve Brandau Council President Also Present: Bruce Rudd City Manager Renena Smith Assistant City Manager Doug Sloan City Attorney Yvonne Spence City Clerk Todd Stermer Assistant City Clerk Invocation by Pastor Henry Oputa of The Way Ministries Pledge of Allegiance to the Flag Ceremonial Presentations: Proclamation of “PARK AND RECREATION MONTH” – Council President Brandau – Presented. Councilmember Xiong exited the Council Chamber at 1:46 P.M. Approve Council minutes of June 5, 9, 10, 11 and 12, 2014 Action Taken: JUNE 5, 9, 10, 11 LAID OVER TO JUNE 26, 2014. JUNE 12, 2014 MINUTES APPROVED AS CORRECTED Motion / Second: Councilmember Caprioglio / Councilmember Brand Ayes: Brand, Caprioglio, Olivier, Quintero, Brandau Noes: None Absent: Baines, Xiong Councilmember Xiong entered the Council Chamber at 1:53 P.M. Councilmember Baines entered the Council Chamber at 1:54 P.M. June 19, 2014 Page 2 of 14 Councilmember Reports and Comments Action Taken: MADE Councilmember Quintero thanked and acknowledged Wells Fargo Bank for awarding an $87,500 grant to the Boys and Girls Club in South East Fresno which will allow for the installation of lights at the facility. Approve Agenda Action Taken: APPROVED AS AMENDED City Clerk Spence announced the following changes to the agenda: Consent Calendar item 1-C regarding an amendment to the Sublease Agreement between the City of Fresno and Community Media Access Collaborative (CMAC) was continued to June 29, 2014 per staff; the 2:45 P.M. hearing regarding a resolution to determine the public interest and necessity for property owned by George Dakovich and Son, Inc. (APN 505-080-31s) for the construction of Veterans Boulevard was cancelled due to an agreement between the parties; the bid number for Consent Calendar item 1-B regarding the Nees Avenue traffic synchronization project from Palm Avenue to Willow Avenue was actually bid number “3293” not bid number 3393 as listed; 1:30 P.M. scheduled item A-5 regarding a resolution to establish the rules for the application of City employee compensation rates was continued to June 26, 2014; approval of the minutes for June 5, 9, 10 and 11, 2014 were laid over to June 26, 2014. Motion / Second: Councilmember Brand / Councilmember Olivier Ayes: Baines, Brand, Caprioglio, Olivier, Quintero, Xiong, Brandau Noes: None Adopt Consent Calendar Action Taken: ADOPTED Motion / Second: Councilmember Caprioglio / Councilmember Olivier Ayes: Baines, Brand, Caprioglio, Olivier, Quintero, Xiong, Brandau Noes: None 1. CONSENT CALENDAR A. Approve the reappointments of Heather Flores, Jenelle Pitt and Mary Beth Randall to the Disability Advisory Commission; the appointment of Paul Halajian to the Historic Preservation Commission; and the reappointment of Jaime Holt to the Planning Commission – Mayor’s Office Action Taken: APPROVED B. Actions pertaining to the Nees Avenue traffic synchronization project from Palm Avenue to Willow Avenue – Bid File 3293 (Council Districts 2 and 6) – Public Works Department 1. Adopt finding of a Categorical Exemption per staff determination, pursuant to Section 15301(c) of the CEQA Guidelines Nees Avenue ITS project from Palm Avenue to Willow Avenue Action Taken: ADOPTED June 19, 2014 Page 3 of 14 2. Award a Construction Contract with Crosstown Electrical & Data Inc. of Irwindale, California in the amount of $326,725.00 for the base bid and add alternates 1 and 2 for the Nees Avenue ITS project from Palm Avenue to Willow Avenue Action Taken: AWARDED C. Approve first amendment to the Sublease Agreement between the City of Fresno and Community Media Access Collaborative (CMAC) to sublease additional space on the third floor of the Historic Bee Building – City Manager’s Office Action Taken: CONTINUED TO JUNE 26, 2014 PER STAFF D. Actions pertaining to the installation of the Shields Avenue and Brawley Avenue traffic signal (Council District 1) – Public Works Department 1. Adopt a finding of a Categorical Exemption per staff determination, pursuant to Sections 15301/Class1 and 15332/Class 32 of the California Environmental Quality Act (CEQA) Guidelines, Environmental Assessment No. EA -12-020 Action Taken: ADOPTED 2. Approve the partial acquisition of 0.1415 acres of a parcel of property in the amount of $48,000, owned by Victor and Rita Ann Valdez, for the construction of a fully actuated traffic signal at the intersection of Shields Avenue and Brawley Avenue Action Taken: APPROVED E. Actions pertaining to the installation of sidewalks and high visibility crosswalk at Ezequiel Balderas Elementary School – Bid File 3311 (Council District 5) – Public Works Department 1. Adopt finding of a Categorical Exemption per staff determination, pursuant to Section 15301 and 15332 of the CEQA Guidelines, for the installation of sidewalks high visibility crosswalk at Ezequiel Balderas Elementary School Action Taken: ADOPTED 2. Award a construction contract with Witbro Inc. dba Seal Rite of Fresno, California in the amount of $84,653.00 for the installation of sidewalks and high visibility crosswalk at Ezequiel Balderas Elementary School Action Taken: AWARDED F. Initiate proceedings and declare intention to levy the Annual Assessment for the City of Fresno Landscaping and Lighting Maintenance District No. 1 (Citywide) - Public Works Department 1. RESOLUTION - Initiate proceedings for annual levy of assessment for the City of Fresno Landscaping and Lighting Maintenance District No. 1 Action Taken: RESOLUTION 2014-92 ADOPTED 2. RESOLUTION – Of intention to levy and collect the annual assessment for Landscaping and Lighting Maintenance District No. 1 Action Taken: RESOLUTION 2014-93 ADOPTED June 19, 2014 Page 4 of 14 G. Actions pertaining to the installation of the Butler Avenue and Willow Avenue traffic signal (Council District 5) – Public Works Department 1. Adopt a finding of a Categorical Exemption per staff determination, pursuant to Sections 15301/Class1 of the California Environmental Quality Act (CEQA) Guidelines Action Taken: ADOPTED 2. Approve the partial acquisition of approximately 14 square feet of a parcel of property in the amount of $500, owned by Berdine G. Hill, for the construction of a fully actuated traffic signal at the intersection of Butler Avenue and Willow Avenue Action Taken: APPROVED H. Approve amendment to City Attorney’s employment agreement - Council Offices Action Taken: APPROVED I. Authorize the renewal of an agreement between the Housing Authority of the City of Fresno and the City of Fresno via the Fresno Police Department for the HUD Funding Grant Program - Police Department Action Taken: AUTHORIZED J. * RESOLUTION - 49th amendment to the Annual Appropriation Resolution (AAR) No. 2013 - 98 appropriating $15,900 associated with the rebate of a District 7 infrastructure project and reallocation of funds for positions previously defunded – Councilmember Olivier (Requires 5 affirmative votes) Action Taken: RESOLUTION 2014-94 ADOPTED K. Approve the appointment of Anthony Molina to the Bicycle and Pedestrian Advisory Committee (BPAC) – Council President Brandau Action Taken: APPROVED SCHEDULED COUNCIL HEARINGS AND MATTERS 2:00 P.M. WORKSHOP on City of Fresno water supply – Department of Public Utilities HELD 1:30 P.M. ADOPTION OF FISCAL YEAR 2014-2015 ANNUAL BUDGET CONTINUED A. Action on the Fiscal Year 2015 Budget and related items continued Council adoption of the Fiscal Year 2014 -2015 City of Fresno Budget and the Community Development Block Grant (CDBG) Budget, including the Annual Appropriation Resolution (AAR) Action Taken: ADOPTED 1. * Adopting the fiscal year 2015 Annual Appropriation Resolution (AAR) RESOLUTION – Adopting the budget for fiscal year 2015 and appropriating to the various departments amounts set forth for the purposes named herein Action Taken: RESOLUTION 2014-95 ADOPTED AS AMENDED BY THE INCLUSION OF THREE ADDITIONAL MOTIONS June 19, 2014 Page 5 of 14 2. * Adopting the fiscal year 2015 Position Authorization Resolution (PAR) RESOLUTION – Establishing the number of positions authorized in the various departments and offices of the City for fiscal year 2015 Action Taken: RESOLUTION 2014-96 3. * Adoption of the fiscal year 2015 GANN Appropriation Limit Resolution RESOLUTION – Selecting method to determine GANN appropriation limit, relating to the fiscal year 2011-2012 City budget Action Taken: RESOLUTION 2014-97 ADOPTED 4. * Adoption of Property Tax Override Ordinance BILL - (For introduction and adoption) – Authorizing the levy and collection of a property tax on taxable property in the City of Fresno for partial funding of the Fresno Fire and Police Retirement System and the Fresno City Employees’ Retirement System for the fiscal year beginning July 1, 2014 Action Taken: BILL B-25 AND ORDINANCE 2014-28 ADOPTED 5. * Adopt the fiscal year 2015 Salary Resolution RESOLUTION – Establishing rules for the application of City employee compensation rates and schedules and related requirements, and establishing compensation rates and schedules for fiscal year 2015 Action Taken: CONTINUED TO JUNE 26, 2014 6. RESOLUTION – Approving submission of the fiscal year 2014 - 2015 Annual Action Plan to the U.S. Department of Housing and Urban Development (HUD) for the CDBG, HOME, ESG, and the Housing Opportunities for Persons with AIDS (HOPWA) Program funds and authorizing the City Manager to sign all implementing documents required by HUD Action Taken: RESOLUTION 2014-98 ADOPTED 7. * RESOLUTION – 520th amendment to the Master Fee Schedule (MFS) Resolution No. 80-420 to add, adjust, revise or delete various fees Action Taken: RESOLUTION 2014-99 ADOPTED Acting President Baines motioned to fund the Fresno Arts Council with $100,000. Councilmember Xiong seconded the motion which passed by the following electronic vote: Motion / Second: Acting President Baines / Councilmember Xiong Ayes: Baines, Caprioglio, Quintero, Xiong Noes: Brand, Olivier, Brandau Councilmember Quintero motioned to increase the infrastructure budget for each Council District by $50,000. Councilmember Caprioglio seconded the motion which passed by the following electronic vote: Motion / Second: Councilmember Quintero / Councilmember Caprioglio Ayes: Baines, Caprioglio, Quintero, Xiong Noes: Brand, Olivier, Brandau June 19, 2014 Page 6 of 14 Councilmember Quintero motioned to add $150,000 to the PARCS department to build a splash park at the Mosqueda Community Center. Acting President Baines seconded the motion. Motion / Second: Councilmember Quintero / Acting President Baines Ayes: Baines, Caprioglio, Quintero, Xiong Noes: Brand, Olivier, Brandau Councilmember Brand discussed the one time nature of the funding for the proposed splash park at the Mosqueda Community Center with Councilmember Quintero. Councilmember Caprioglio discussed Council District infrastructure budgets and the unique needs of each district. President Brandau discussed the following: why the Fresno Arts Council needs $100,000 for operating costs; the proposed infrastructure budget increase. Acting President Baines discussed the proposed infrastructure budget increase. Councilmember Brand discussed the unfunded needs throughout the City and giving careful consideration to motions that benefit the entire City over motions that cherry pick issues in a single district. Councilmember Olivier discussed the $600,000 in recent motions and the City’s close call with bankruptcy and inability to reach deals with employee groups in the City. City Manager Rudd cautioned that the budget included assumptions and suggested that Council wait until the middle of the year to start adding capital expenses or other costs to the budget. Councilmember Brand agreed with the City Manager that mid -year would be a better time to add budget items. Councilmember Caprioglio discussed the following: reserve funds and debt reduction funds available to address larger issues in the City; addressing district issues through funding the infrastructure budget; the ability to give back additional infrastructure funds if they are not needed in a particular district. The following members of the public spoke on budget issues concerning the proposed reduction in the number of Fire Inspectors: Leshea Tarver, Bridgette Morgan, David Polanco, Matt Marquez, Laurie Sawhill, Terri Meiss, Carl Torrence, Carl Torrence, Mark Guardardo, Justin Beal, Donald Mayo, Maya O’Neal, Paula Chute, Dee Barnes, Martha Kolstad, Rudy Guadiana, Andi Walls June 19, 2014 Page 7 of 14 The following members of the public spoke on budget issues concerning the need to invest in youth through parks and/or transportation: Jose Rodriguez, Miguel Bibanco, Marco Ocana, John Draper, Adrian Furguson, Raymond Zavala, Juan Valencia, Roseanna Montoya, Cesar Casamayor, Ronnie Lopez, Barbara Hunt, Samantha Ortiz, Alex Guitierez, Laneesha Senegal, The following member of the public spoke against adopting the budget as presented: Mike Wells. The following member of the public spoke concerning kids building better relationships with police in their neighborhoods: Britne Schneider. The following member of the public spoke about creative ways to generate revenues: Cesar Rodriguez. President Brandau clarified that his motion to eliminate Fire Inspector positions was merely budgetary and final decisions to eliminate or transfer positions would occur at a later date after the required meet and confer process. Councilmember Xiong discussed the following with City Attorney Sloan and City Manager Rudd: impacts should the motion to eliminate the Fire Inspector positions was adopted as part of the budget; partnering with youth organizations; the history of the Fresno Youth Council; the need for a policy discussion prior to making reductions to the Fire Inspector positions; the payment for five jail beds being a double payment by the citizens of Fresno make for use of the jail. Councilmember Brand motioned to approve sub-parts A-1, A-2, A-3, A-4, A-6, and A-7 of this item inclusive of all the motions previously approved . Sub-part A-5 had previously been continued to June 26, 2014. The motion was seconded by Councilmember Olivier. Councilmember Brand discussed past city budgets and the outlook for future budgets; the Fire Department budget and increases; options for the fire inspection program; confidence that all people effected by the Fire Inspector cuts would still have jobs after the cuts are made. Councilmember Quintero asked Fire Chief Donis to comment on the proposed Fire Inspector cuts. Chief Donis spoke against the cuts and noted the following: the city had invested lots of money training and educating the fire inspectors; replacing inspectors will be difficult if the city decides to bring back the positions; the impacts of eliminating the positions reaches beyond inspections and also effects, development and construction, fire education to children, cost recovery, non-profit fireworks booths, numerous small projects that require the attention of a professional fire inspector; examples of recent fires and the different results caused by inspections or lack thereof; the danger posed to firefighters when they enter buildings that have not been inspected; the National Institute of Standards and Technology fire inspection recommendations which the City currently meets; options for fire inspections; the best practices already practiced by the City; tri-annual inspections representing a balanced June 19, 2014 Page 8 of 14 approach; the cuts not being in the best interest of firefighters or the public; the need for additional public discussion where all the facts can be laid out. Councilmember Quintero discussed the following with Chief Donis: opportunities for the Chief to implement council policy; fire inspector positions after the proposed cuts; impacted services from proposed cuts; buildings that would no longer be inspected after the Fire Inspector cuts; the need for a fire inspection workshop. Councilmember Quintero motioned to amend Councilmember Brands motion to approve the budget by reinserting the six fire inspector positions and to have a fire inspection workshop within sixty days. Acting President Baines seconded the motion which failed by the following electronic vote: Motion / Second: Councilmember Quintero / Acting President Baines Ayes: Baines, Quintero, Xiong Noes: Brand, Caprioglio, Olivier, Brandau Acting President Baines discussed the following: the need to have a policy discussion before eliminating Fire Inspectors; relying on the analysis by the Fire Chief; the number of negative impacts from eliminating the Fire Inspector positions; the need for additional information before the decision to eliminate the Fire Inspectors is made; allowing Chief Donis the ability to present the facts as well as options to the Council; the payment for reserved beds at the jail as double payment by the citizens; the need to re-evaluate the payment for jail beds and have a broader policy discussion within the next year; making progress with regards to parks in the City; dialogue with citizens groups concerning parks. City Manager Rudd discussed the following: paying off debt, incrementally improved service and increased reserves as the priorities for the budget; options and the need to retool the fire inspection program based on public feedback to Councilmembers; priorities within the Fire Department. City Manager Rudd suggested that Council perform the meet and confer concerning the Fire Inspector positions but to also allow sixty days for Chief Donis and the City Manager’s Office to provide a list of recommendations before a final determination is made. Councilmember Xiong discussed the following: the need for a policy discussion before the decision to eliminate Fire Inspector positions is made; lack of compromise by voting to cut the positions and bringing options after the fact. Councilmember Quintero discussed the Mayors ability to veto items that passed with no more than four votes. June 19, 2014 Page 9 of 14 Councilmember Brands motion to approve sub parts 1, 2, 3, 4, 6, and 7 of this budget item, inclusive of all the motions previously approved, passed by the following electronic vote: Motion / Second: Councilmember Brand / Councilmember Olivier Ayes: Baines, Brand, Caprioglio, Olivier, Brandau Noes: Quintero, Xiong 2:15 P.M. HEARING to consider a resolution of public use and necessity requiring acquisition of permanent street easements and rights-of-way for public street purposes over, under, through and across real property owned by J & M Avila, Properties, LLC. (APN 505 - 080-17s) for the construction of Veterans Boulevard, a six lane superarterial, from Herndon Avenue to Shaw Avenue in the City of Fresno Action Taken: HELD a. * RESOLUTION - Determining that Public Interest and Necessity require acquisition of easement and Right-of-Way for Public purposes over, under, through and across real property for the construction of Veterans Boulevard, a six lane superarterial connecting Herndon Avenue to Shaw Avenue, and related purposes and authorizing Eminent Domain proceedings for public use and purpose (Council District 2) (Requires 5 affirmative votes) Action Taken: RESOLUTION 2014-100 ADOPTED The following members of the public spoke on this item: Brian Whelan, attorney for the property owners. President Brandau motioned to approve the item with direction to the City Attorney not to pursue Eminent Domain proceedings for another thirty days so additional negotiations can occur. Motion / Second: President Brandau / Acting President Baines Ayes: Baines, Brand, Caprioglio, Quintero, Xiong, Brandau Noes: Olivier 2:45 P.M. HEARING – To consider adopting a resolution determining that public interest and necessity require acquisition of easement and right-of-way for public purposes over, under, through and across real property owned by George Dakovich and Son, Inc. (APN 505-080-31s) for the construction of Veterans Boulevard, a six (6) lane expressway connecting Herndon avenue to Shaw Avenue, and related purposes and authorizing Eminent Domain proceedings for public use and purpose - Public Works Department Action Taken: REMOVED FROM AGENDA BY STAFF a. * RESOLUTION - Determining that public interest and necessity require acquisition of easement and right-of-way for public purposes over, under, through and across real property owned by George Dakovich and Son, Inc. (APN 505-080-31s) for the construction of Veterans Boulevard, a six (6) lane expressway connecting Herndon avenue to Shaw Avenue, and related purposes June 19, 2014 Page 10 of 14 and authorizing Eminent Domain proceedings for public use and purpose (Requires 5 affirmative votes) Action Taken: REMOVED FROM AGENDA BY STAFF RECESSED 7:00 P.M. to 7:26 P.M. 2. GENERAL ADMINISTRATION E. Actions pertaining to the Metropolitan Water Resources Management Plan Update and associated environmental documents – Department of Public Utilities 1. RESOLUTION - Certifying Final Environmental Impact Report dated May 2014 (State Clearinghouse No. 2013091021) Action Taken: RESOLUTION 2014-101 ADOPTED 2. Adopt Findings of Fact as required by Public Resources Code Section 21081 (a) and CEQA Guidelines, Section 10591 Action Taken: ADOPTED 3. Approve the Mitigation Monitoring and Reporting Program as required by Public Resources Code Section 21081.6 and CEQA Guidelines Section 15097 Action Taken: APPROVED 4. Adopt the Statement of Overriding Considerations as required by Public Resources Code, Section 21081(b) and CEQA Guidelines Section 10593 Action Taken: ADOPTED 5. Adopt the Metropolitan Water Resources Management Plan Update Action Taken: ADOPTED Motion / Second: Councilmember Olivier / Acting President Baines Ayes: Baines, Brand, Caprioglio, Olivier, Quintero, Xiong, Brandau Noes: None A. Authorize the Director of Transportation to execute a purchasing agreement between the City of Fresno and Fresno County, allowing Fresno County to purchase transit passes and tokens from the City of Fresno – Transportation Department Action Taken: AUTHORIZED Motion / Second: Councilmember Olivier / Councilmember Xiong Ayes: Baines, Brand, Caprioglio, Olivier, Quintero, Xiong, Brandau Noes: None B. Actions pertaining to submittal of Applications for Consolidation Incentive Safe Drinking Water State Revolving Fund Low-Interest Loans – Department of Public Utilities 1. RESOLUTION - Authorizing submittal of an application to the California Department of Public Health for a State Revolving Fund Low Interest Loan in the amount of $240,000,000 for construction of the City of Fresno’s 80–million gallon per day Southeast Surface Water Treatment Facility Action Taken: RESOLUTION 2014-102 ADOPTED 2. RESOLUTION - Authorizing the City of Fresno to submit an application to the California Department of Public Health on behalf of the Orange Center School June 19, 2014 Page 11 of 14 District for a State Revolving Fund Consolidation Incentive Low Interest Loan in the amount of $3,000,000 for the abandonment of the Orange Center School District water system well, construction of a water utility service pipeline for consolidation with the City of Fresno’s water system, and resolution of on-site water quality issues Action Taken: RESOLUTION 2014-103 ADOPTED 3. Authorize the Assistant Director of Public Utilities/designee(s) to execute all application documents on behalf of the City of Fresno Action Taken: AUTHORIZED Motion / Second: Councilmember Caprioglio / Councilmember Olivier Ayes: Baines, Brand, Caprioglio, Olivier, Quintero, Xiong, Brandau Noes: None C. Actions pertaining to Anooshvan Park and Alhambra water main replacements and transfers and Alhambra and Dennett sewer main installation Bid File 3265 (Council District 5 and County of Fresno) 1. Adopt a finding of Categorical Exemption per staff determination, pursuant to Class 1 Section 15301(b) (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines for the Anooshvan Park and Alhambra water main replacements and transfers and Alhambra and Dennett sewer main installation Action Taken: ADOPTED 2. Award a construction contract to West Valley Construction, Inc., of Fresno, California in the amount of $848,581.00 for the Anooshvan Park and Alhambra water main replacements and water service transfers and The Alhambra and Dennett sewer main installation Action Taken: AWARDED 3. * RESOLUTION - 48th amendment to the Annual Appropriation Resolution (AAR) No. 2013-98 appropriating $255,700.00 for the construction of the Anooshvan Park and Alhambra water main replacements and water service transfers and The Alhambra and Dennett sewer main installation (Requires 5 affirmative votes) Action Taken: RESOLUTION 2014-104 ADOPTED Motion / Second: Councilmember Quintero / Councilmember Brand Ayes: Baines, Brand, Caprioglio, Olivier, Quintero, Xiong, Brandau Noes: None D. * Adopt a Side Letter of Agreement between the City of Fresno and Unit 14, represented by the City of Fresno Management Employees Association (CFMEA) implementing an Memorandum of Understanding (MOU) provision on payment of health care premiums – Personnel Services Department Action Taken: ADOPTED Motion / Second: Councilmember Caprioglio / Councilmember Olivier Ayes: Baines, Brand, Caprioglio, Olivier, Quintero, Xiong, Brandau Noes: None June 19, 2014 Page 12 of 14 F. BILL – (For introduction) - Amending Subsections (d) and (e) of Section 4-108 the Fresno Municipal Code relating to application of local preference for a public work improvement – Council President Brandau Action Taken: BILL B-26 INTRODUCED AND LAID OVER The following members of the public spoke on this item: Steve Poindexter, Bruno Deital. Motion / Second: President Brandau / Councilmember Quintero Ayes: Baines, Brand, Caprioglio, Quintero, Xiong, Brandau Noes: Olivier 3:00 P.M. JOINT MEETING OF THE CITY OF FRESNO AND THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF FRESNO AND FRESNO REVITALIZATION CORPORATION The City Council met in joint session with the Successor Agency to the Redevelopment Agency of the City of Fresno and Fresno Revitalization Corporation at 7:54 P.M. to discuss the following: A. Actions pertaining to property located at 939 G Street 1. Adopt finding of Categorical Exemption pursuant to Section 15301/Class 1 of the CEQA Guidelines (no change in existing use) (Successor Agency action) Action Taken: ADOPTED 2. Approve a purchase and sale agreement with DFP Ltd LP for 939 G. Street (APN 467-071-05T) within the City of Fresno (Successor Agency action) Action Taken: APPROVED SUCCESSOR AGENCY VOTE (Members are the City Councilmembers) Motion / Second: Board Member Caprioglio / Board Member Brandau Ayes: Brand, Brandau, Caprioglio, Olivier, Quintero, Xiong, Baines Noes: None B. RESOLUTION - Approving the Long Range Property Management Plan (Successor Agency and Fresno Revitalization Corporation action) Action Taken: RESOLUTIONS SA-23 AND FRC-12 ADOPTED SUCCESSOR AGENCY VOTE (Members are the City Councilmembers) Motion / Second: Board Member Olivier / Board Member Brand Ayes: Brand, Brandau, Caprioglio, Olivier, Quintero, Xiong, Baines Noes: None FRESNO REVITALIZATION VOTE (Members are City Council and Mayor) Motion / Second: Board Member Olivier / Board Member Brand Ayes: Brand, Brandau, Caprioglio, Olivier, Quintero, Xiong, Baines Noes: None Absent: Swearengin June 19, 2014 Page 13 of 14 C. RESOLUTION - Approving the Loans Made by the City of Fresno to the Former Redevelopment Agency of the City of Fresno as an Enforceable Obligation and Make a Finding that Each of the Loans were Made for a Legitimate Redevelopment Purpose (Successor Agency and Fresno Revitalization Corporation action) Action Taken: RESOLUTIONS SA-24 AND FRC-13 ADOPTED SUCCESSOR AGENCY VOTE (Members are the City Councilmembers) Motion / Second: Board Member Olivier / Board Member Brand Ayes: Brand, Brandau, Caprioglio, Olivier, Quintero, Xiong, Baines Noes: None FRESNO REVITALIZATION VOTE (Members are City Council and Mayor) Motion / Second: Board Member Olivier / Board Member Brand Ayes: Brand, Brandau, Caprioglio, Olivier, Quintero, Xiong, Baines Noes: None Absent: Swearengin JOINT SESSION ADJOURNED – 8:03 P.M. UNSCHEDULED COMMUNICATION The following member of the public spoke to Council regarding items not on the Agenda: George Hostetter – asked Council and the City Manager about the size of the hole in the general fund and whether the administration had unilateral authority to balance the budget without materiality questions arising. Councilmember Brand replied to the unscheduled communication and noted that Council had until August to balance the budget and mayoral vetoes could still cause changes. City Manager Rudd noted the budget was approximately $600,000 off and close to being balanced. 3. CITY COUNCIL 4. CLOSED SESSION The City Council met in closed session in Room 2125 from 8:06 P.M. to 8:40 P.M. to discuss the following: D. CONFERENCE WITH LABOR NEGOTIATOR – Government Code Section 54957.6 City Negotiator(s): Jeffrey Cardell, Ken Phillips Employee Organization(s): 1. City of Fresno Management Employees Association (CFMEA) 2. City of Fresno Professional Employees Association (CFPEA) 3. IUOE, Stationary Engineers, Local 39 (L39) 4. Fresno City Employees Association (FCEA) 5. Fresno Police Officers Association (FPOA Basic) 6. International Association of Firefighters, Local 753 (Fire Basic) June 19, 2014 Page 14 of 14 7. Amalgamated Transit Union, Local 1027 (ATU) 8. International Brotherhood of Electrical Workers, Local 100 (IBEW) 9. Fresno Police Officers Association (FPOA Management) 10. International Association of Firefighters, Local 753 (Fire Mgmt.) 11. Fresno Airport Public Safety Supervisors (FAPSS) Action Taken: HELD No announcement was made. ADJOURNED – 8:40 P.M. Approved on the _________________day of ______________________________, 2014. ___________________________________ATTEST:_____________________________________ Steve Brandau, Council President Todd Stermer, Assistant City Clerk June 26, 2014 Page 1 of 15 City Council Minutes June 26, 2014 The City Council met in regular session at the hour of 8:30 A.M. in the Council Chamber, City Hall, on the day above written. 8:42 A.M. ROLL CALL Present: Oliver Baines III Acting Council President Lee Brand Councilmember Paul Caprioglio Councilmember Clinton Olivier Councilmember Sal Quintero Councilmember Blong Xiong Councilmember Steve Brandau Council President Also Present: Bruce Rudd City Manager Renena Smith Assistant City Manager Doug Sloan City Attorney Yvonne Spence City Clerk Todd Stermer Assistant City Clerk Invocation by Pastor Kevin Smith of The Ark Christian Fellowship Pledge of Allegiance to the Flag Ceremonial Presentations: Proclamation of “BLACKBEARD’S FAMILY ENTERTAINMENT CENTER DAY” – Councilmember Caprioglio – Read and presented Proclamation of “THE TERRACES AT SAN JOAQUIN GARDENS DAY” – Councilmember Caprioglio – Removed from the agenda by staff Approve Council minutes of June 5, 9, 10, 11, 16, and 19, 2014 Action Taken: MINUTES OF JUNE 19, 2014 LAID OVER TO JULY 17, 2014. MINUTES OF JUNE 5, 9, 10, 11 and 16, 2014 APPROVED AS SUBMITTED Motion / Second: Councilmember Caprioglio / Councilmember Xiong Ayes: Baines, Brand, Caprioglio, Olivier, Quintero, Xiong, Brandau Noes: None Councilmember Reports and Comments Action Taken: MADE Councilmember Xiong sent out “best wishes” to Team USA playing at the FIFA World Cup in Brazil. June 26, 2014 Page 2 of 15 Acting President Baines expressed support for Team USA at the World Cup in Brazil and welcomed Xavier Richards as a new intern in the District Three Council offices. President Brandau inquired, for the record, about the consultants on the municipal water project and whether a study had been completed on the different methods and cost saving options that could be available. Assistant City Manager Smith stated the following: a timeline was due from the consultants next week detailing the capital plan and the rates moving forward; an analysis of the project had been done and the department found significant cost savings and discovered funding opportunities aside from bonds; an update for the Councilmember would be arranged for the second meeting in July. Councilmember Quintero congratulated all local graduates and specifically recognized those from the Youthbuild Charter School for their service to the City of Fresno as part of the Local Conservation Corps. Councilmember Caprioglio exited the Council Chamber at 8:54 A.M. and returned at 9:02 A.M. Approve Agenda Action Taken: APPROVED AS AMENDED City Clerk Spence announced the following changes to the agenda: General Administration Item 2-F regarding Assignment of a HOME Program Agreement from TFS Investments, LLC to Fultonia West/Cedar Heights Scattered Site, LP will be heard after the Scheduled 10:00 AM items; the invocation was performed by Pastor Kevin Smith of the Ark Christian Fellowship; staff would read a statement into the record for Consent Calendar Item 1-E concerning Bid File 3341 and the signalization project at Chestnut and Shepherd Avenues; the proclamation of “Terraces at San Joaquin” had been removed from the agenda by staff; Staff would read a statement into the record for General Administration Item 2-A regarding Bid File 3310 and the installation of a water main in Willow Avenue between Teague and Yeargin Avenues and in Shepherd Avenue between Winery and Willow Avenues. Motion / Second: Councilmember Brand / Acting President Baines Ayes: Baines, Brand, Olivier, Quintero, Xiong, Brandau Noes: None Absent: Caprioglio Adopt Consent Calendar Action Taken: ADOPTED Public Works Manager Son read the following statement into the record rega rding Consent Calendar item 1-E relating to Bid File 3341 and the signalization project at Chestnut and Shepherd Avenues: the staff report should reflect that the contract will be awarded to Lee Wilson Electric Company, Inc. of Arroyo Grande, CA in the amount of $315,407.25. Councilmember Olivier stated he would like to register a “no” vote for Consent Calendar item 1-I regarding an award of a contract for a 300 ton chiller and for Consent Calendar item 1-O regarding an amendment of the Fresno Municipal Code relating to application of local preference for a public work improvement. June 26, 2014 Page 3 of 15 Councilmember Brand moved the following Consent Calendar items to the Contested Consent Calendar for further discussion: 1-E relating to Bid File 3341 and the signalization project at Chestnut and Shepherd Avenues; 1-F relating to Bid File 3342 and the signalization project at Perrin and Sommerville Avenues. Motion / Second: Acting President Baines / Councilmember Brand Ayes: Baines, Brand, Olivier*, Quintero, Xiong, Brandau Noes: None Absent: Caprioglio * NOTE: Councilmember Olivier registered a “no” vote for the following Consent Calendar Items: Consent Calendar item 1-I regarding an award of a contract for a 300 ton chiller; Consent Calendar item 1-O regarding an amendment of the Fresno Municipal Code relating to application of local preference for a public work improvement. 1. CONSENT CALENDAR A. Action pertaining to First Amendment to the Sublease Agreement between the City of Fresno and Community Media Access Collaborative (CMAC) to sublease additional space on the third floor of the Historic Bee Building (Council District 3) – City Manager’s Office 1. Adopt a finding of a Categorical Exemption pursuant to Class 1 of the California Environmental Quality Act (CEQA) Guideline Section 15301 (Existing Facilities) for extension of sublease Action Taken: ADOPTED 2. Approve First Amendment to the Sublease Agreement between the City of Fresno and Community Media Access Collaborative (CMAC) to sublease additional space on the third floor of the Historic Bee Building – City Manager’s Office Action Taken: APPROVED B. RESOLUTION - To complete the certification and claim process in order to allow the City of Fresno to receive its share of Measure “C” extension funds in fiscal year 2014-2015 – Finance Department Action Taken: RESOLUTION 2014-105 ADOPTED C. Actions pertaining to the Parking Agreement between City of Fresno and Club One Casino, Inc. (Council District 3) – Development and Resource Management Department 1. Adopt a finding of categorical exemption per staff determination pursuant to Article 19, Section 15301 Class 1 (Existing Facility) of the California Environmental Quality Act Guidelines Action Taken: ADOPTED 2. Authorize the Fifth Amendment to the Parking Agreement between the City of Fresno and Club One Casino, Inc. for fixed rate patron parking in the amoun t of $72,000 per year Action Taken: AUTHORIZED D. Reject all proposals for landscape maintenance services at various water well sites and Water Division properties – Bid File 9200 (Citywide) - Department of Public Utilities Action Taken: APPROVED (proposals rejected) June 26, 2014 Page 4 of 15 E. Actions pertaining to the Chestnut and Shepherd Avenues intersection signalization project, Bid File 3341 (Council District 6) – Public Works Department 1. Adopt finding of a Categorical Exemption pursuant to Class 1 Section 15301 of the CEQA Guidelines, for the Chestnut and Shepherd Avenues intersection signalization project Action Taken: MOVED TO CONTESTED CONSENT CALENDAR 2. Award a construction contract to Lee Wilson Electric Company, Inc. of Arroyo Grande, CA in the amount of $315,407.25 for the Chestnut and Shepherd Avenues intersection signalization project Action Taken: MOVED TO CONTESTED CONSENT CALENDAR F. Actions pertaining to the Perrin and Sommerville Avenues intersection signalization project, Bid File 3342 (Council District 6) – Public Works Department 1. Adopt finding of a Categorical Exemption pursuant to Class 1 Section 15301 of the CEQA Guidelines, for the Perrin and Sommerville Avenues intersection signalization project Action Taken: MOVED TO CONTESTED CONSENT CALENDAR 2. Award a construction contract to A-C Electric Company of Fresno, CA in the amount of $320,500 for the Perrin and Sommerville Avenues intersection signalization project Action Taken: MOVED TO CONTESTED CONSENT CALENDAR G. Actions pertaining to the sewer rehabilitation in Ashlan Avenue and Sherman Street (Bid File 3309) (Council District 7) – Department of Public Utilities 1. Adopt a Finding of 1 and 2 Categorical Exemptions, pursuant to Section 15301(b) (Existing facilities of both investor and publicly-owned utilities used to provide electric power, natural gas, sewerage, or other public utility services) and Section 15302(c) (Replacement or Reconstruction) of the California Environmental Quality Act Guidelines Action Taken: ADOPTED 2. Award a $99,860.21 construction contract to Repipe California LP of Riverside, California Action Taken: AWARDED H. Actions pertaining to the Sewer Rehabilitation in Fresno Street from Lewis to Webster (Bid File - 3308) (Council District 7) – Department of Public Utilities 1. Adopt a finding of 1 and 2 Categorical Exemptions, pursuant to Section 15301(b) (Existing facilities of both investor and publicly-owned utilities used to provide electric power, natural gas, sewerage, or other public utility services) and Section 15302(c) (Replacement or Reconstruction) of the California Environmental Quality Act Guidelines Action Taken: ADOPTED 2. Award a $414,373.50 construction contract to Repipe California LP of Riverside, California Action Taken: AWARDED June 26, 2014 Page 5 of 15 I. Award a contract for one 300 ton chiller in the amount of $137,878.65 to Norman S. Wright Duckworth - Bid File 3333 (Council District 3) - Department of Public Utilities Action Taken: AWARDED J. BILL – (For introduction) - Adding Article 9 of Chapter 6 of the Fresno Municipal Code relating to the use of recycled water for plumbing and landscape irrigation and referred to as the “Recycled Water Ordinance” and applicable to all council districts as recycled water availability and future related projects develop - Department of Public Utilities Action Taken: BILL B-27 INTRODUCED AND LAID OVER K. Approve Amendment No. 1 to the Fresno/Clovis Media Authority Joint Powers Agreement - City Manager’s Office Action Taken: APPROVED L. Approval of an operational services agreement for secondary agency at the California and Elm facility between the West Fresno Family Resource Center (WFFRC) and the City of Fresno Parks, After School, Recreation and Community Services Department (Council District 3) - PARCS Action Taken: APPROVED M. * RESOLUTION - 50th amendment to the Annual Appropriation Resolution (AAR) No. 2013 - 98 appropriating $304,200 in the Water Connection Charge Fund for completion of water system connection projects (Requires 5 affirmative votes) (Citywide) - Department of Public Utilities Action Taken: RESOLUTION 2014-106 ADOPTED N. Actions pertaining to Discovery Center lease: (City Manager’s Office) 1. Adopt finding of Categorical Exemption pursuant to Section 15301(c) of the CEQA Guidelines (no change in existing use) Action Taken: ADOPTED 2. Approve a three-year extension to the existing lease with the Discovery Center, a non-profit organization, for operation of the Discovery Center located at 1944 N. Winery Action Taken: APPROVED O. * BILL NO. B-26 – (Intro. 6/19/2014) (For adoption) - Amending Subsections (d) and (e) of Section 4-108 the Fresno Municipal Code relating to application of local preference for a public work improvement – Council President Brandau Action Taken: ORDINANCE 2014-29 ADOPTED June 26, 2014 Page 6 of 15 CONTESTED CONSENT CALENDAR E. Actions pertaining to the Chestnut and Shepherd Avenues intersection signalization project, Bid File 3341 (Council District 6) – Public Works Department 1. Adopt finding of a Categorical Exemption pursuant to Class 1 Section 15301 of the CEQA Guidelines, for the Chestnut and Shepherd Avenues intersection signalization project Action Taken: ADOPTED 2. Award a construction contract to Lee Wilson Electric Company, Inc. of Arroyo Grande, CA in the amount of $315,407.25 for the Chestnut and Shepherd Avenues intersection signalization project Action Taken: AWARDED Motion / Second: Councilmember Brand / Councilmember Olivier Ayes: Baines, Brand, Olivier, Quintero, Xiong, Brandau Noes: None Absent: Caprioglio F. Actions pertaining to the Perrin and Sommerville Avenues intersection signalization project, Bid File 3342 (Council District 6) – Public Works Department 1. Adopt finding of a Categorical Exemption pursu ant to Class 1 Section 15301 of the CEQA Guidelines, for the Perrin and Sommerville Avenues intersection signalization project Action Taken: ADOPTED 2. Award a construction contract to A-C Electric Company of Fresno, CA in the amount of $320,500 for the Perrin and Sommerville Avenues intersection signalization project Action Taken: AWARDED Motion / Second: Councilmember Brand / Councilmember Olivier Ayes: Baines, Brand, Olivier, Quintero, Xiong, Brandau Noes: None Absent: Caprioglio 2. GENERAL ADMINISTRATION A. Actions pertaining to the installation of a water main in Willow Avenue between Teague and Yeargin Avenues and in Shepherd Avenue between Winery and Willow Avenues – Bid File 3310 (Council District 6, and Fresno County) – Public Works Department 1. Adopt finding of Categorical Exemption pursuant to Section 15332 Class 32 of the California Environmental Quality Act (CEQA) Guidelines for the installation of a 14” water main in Willow Avenue between Teague and Yeargin Avenues and in Shepherd Avenue between Winery and Willow Avenues Action Taken: ADOPTED 2. Award a construction contract in the amount of $529,604.50 to Floyd Johnston Construction Company, Inc. of Clovis, for the installation of a 14” water main in June 26, 2014 Page 7 of 15 Willow Avenue between Teague and Yeargin Avenues and in Shepherd Avenue between Winery and Willow Avenues Action Taken: AWARDED Public Works Supervising Engineer Lalkumar Goonawardena read the following statement into the record: the Local Preference portion of the staff report should reflect that the local preference was not implemented because the lowest bidder was a local business. Motion / Second: Councilmember Brand / Councilmember Olivier Ayes: Baines, Brand, Olivier, Quintero, Xiong, Brandau Noes: None Absent: Caprioglio B. Actions pertaining to the Fresno/Clovis Regional Wastewater Reclamation Facility Tertiary Treatment and Disinfection Facility (Bid File 3325) (Council District 3) – Department of Public Utilities 1. Adopt a finding of Mitigated Negative Declaration, pursuant to Sections 15178(b)(1) and (2), of the California Environmental Quality Act Guidelines for the construction of the Tertiary Treatment and Disinfection Facility and Associated Solar Energy Facility at the Fresno-Clovis Regional Wastewater Reclamation Facility Action Taken: ADOPTED 2. Award a construction contract in the amount of $28,674,500 to W.M . Lyles Co., of Fresno, California, for the construction Action Taken: AWARDED 3. Award a professional services contract to Carollo Engineering, Inc., in the amount of $1,417,588 to provide construction management Action Taken: AWARDED 4. Award a professional services contract to Moore Twining Associates, Inc. in the amount of $116,029 for materials testing and special inspection Action Taken: AWARDED Motion / Second: Acting President Baines / Councilmember Xiong Ayes: Baines, Brand, Caprioglio, Olivier, Quintero, Xiong, Brandau Noes: None C. Actions pertaining to an award of a construction contract for the emergency generator upgrade at Fresno City Hall (Bid File No. 3227) (Council District 3) – Public Works Department Action Taken: APPROVED (Bids Rejected) Motion / Second: Acting President Baines / Councilmember Quintero Ayes: Baines, Brand, Caprioglio, Olivier, Quintero, Xiong, Brandau Noes: None June 26, 2014 Page 8 of 15 D. Action pertaining to International Association of Fire Fighters, Local 753 - Unit 5, Non- Management Fire (Fire Basic) – Personnel Department 1. * Adopt the Memorandum of Understanding (MOU) between the City of Fresno (City) and the International Association of Fire Fighters, Local 753 - Unit 5, Non-Management Fire (Fire Basic), covering the period August 5, 2013 through June 30, 2016 Action Taken: REMOVED FROM AGENDA 2. * Adopt a Side Letter of Agreement with Fire Basic on pensions for new employees Action Taken: REMOVED FROM AGENDA 3. * Adopt a Side Letter of Agreement with Fire Basic on the Relief Pool Action Taken: REMOVED FROM AGENDA Councilmember Olivier exited the Council Chamber at 9:14 A.M and returned during the Closed Session at 9:17 A.M. E. Approve a $1.3 million HOME Investment Partnerships Program Agreement with the Cesar Chavez Foundation for the construction of Kings Canyon Place, an 89-unit multi-family affordable housing development to be located on APNs: 472-021-58/60 (Council District 5) – Development and Resource Management Department Action Taken: APPROVED Councilmember Brand recused himself from the discussion and vote on this item. The following member of the public spoke on this item: Jacqueline Rodarte with the Cesar Chavez Foundation. Motion / Second: Councilmember Quintero / Acting President Baines Ayes: Baines, Caprioglio, Quintero, Xiong, Brandau Noes: None Recused: Brand Absent: Olivier 3. CITY COUNCIL 4. CLOSED SESSION The City Council met in closed session in Room 2125 from 9:17 A.M. to 9:40 A.M. to discuss the following: A. CONFERENCE WITH LABOR NEGOTIATOR – Government Code Section 54957.6 City Negotiator(s): Jeffrey Cardell, Ken Phillips Employee Organization(s): 1. City of Fresno Management Employees Association (CFMEA) 2. City of Fresno Professional Employees Association (CFPEA) 3. IUOE, Stationary Engineers, Local 39 (L39) 4. Fresno City Employees Association (FCEA) 5. Fresno Police Officers Association (FPOA Basic) 6. International Association of Firefighters, Local 753 (Fire Basic) June 26, 2014 Page 9 of 15 7. Amalgamated Transit Union, Local 1027 (ATU) 8. International Brotherhood of Electrical Workers, Local 100 (IBEW) 9. Fresno Police Officers Association (FPOA Management) 10. International Association of Firefighters, Local 753 (Fire Mgmt.) 11. Fresno Airport Public Safety Supervisors (FAPSS) Action Taken: HELD AND CONTINUED BEFORE THE SCHEDULED 10:45 A.M. ITEM No announcement was made. RECESSED 9:40 A.M. to 9:53 A.M. SCHEDULED COUNCIL HEARINGS AND MATTERS 9:45 A.M. ADOPTION OF FISCAL YEAR 2014-2015 ANNUAL BUDGET A. Action on the Fiscal Year 2015 Budget and related items 1. * Adopt the fiscal year 2015 Salary Resolution RESOLUTION – Establishing rules for the application of City employee compensation rates and schedules and related requirements, and establishing compensation rates and schedules for fiscal year 2015 Action Taken: RESOLUTION 108-2014 ADOPTED AS AMENDED TO MAINTAIN THE STATUS QUO The following members of the public spoke in opposition to this item: Steven Son, Dee Barnes, Marina Magdaleno, Shelley Morrison, Brian Horn, Rick Steitz Motion / Second: Councilmember Xiong / Councilmember Olivier Ayes: Baines, Brand, Caprioglio, Olivier, Quintero, Xiong, Brandau Noes: None 10:00 A.M.#1HEARING to consider Rezone Application No. R-14-005 and related Environmental Assessment No. R-14-005/S-14-014, filed by Robert Davidson, on behalf of the City of Fresno Housing Authority , pertaining to a 0.83 acre property located on the south side of E. Hamilton Avenue between S. Chance and S. Maple Avenues (4532 E. Hamilton Avenue; 471-220-55T) (Council District 5) – Development and Resource Management Department Action Taken: HELD 1. Consider the environmental finding of Environmental Assessment No. R -14- 005/S-14-014, a Categorical Exemption, dated May 19, 2014 Action Taken: ADOPTED 2. BILL – (For introduction and adoption) - Amending the Official Zone Map to reclassify a 0.83 acre property from the R-1(Single Family Residential) to the R- 2 (Low Density Multiple Family Residential) zone district Action Taken: BILL B-28 AND ORDINANCE 2014-30 ADOPTED Motion / Second: Councilmember Quintero / Councilmember Brand Ayes: Baines, Brand, Caprioglio, Olivier, Quintero, Xiong, Brandau Noes: None June 26, 2014 Page 10 of 15 10:10 A.M. HEARING to consider Rezone Application R-13-014 and related Environmental Assessment No. R-13-014/TPM-2013-03 for property located on the west side of N. Winery between E. Washington and E. McKenzie Avenues (Council District 7) – Development and Resource Management Department Action Taken: HELD 1. Consider the environmental finding of Environmental Assessment No. R -13- 014/TPM-2013-03, a Finding of Conformity, dated April 4, 2014 Action Taken: CONTINUED TO DATE UNCERTAIN 2. BILL – (For introduction and adoption) - Amending the Official Zone Map to reclassify a 0.61 acre property from the R-A (Single Family Residential- Agricultural) zone district to the R-1 (Single Family Residential) zone district Action Taken: CONTINUED TO DATE UNCERTAIN The following members of the public spoke on this item: Bob Jungman, Cynthia Silva, Ruben Silva, Christine Loya, Sara Rojas, Barbara Hunt, Sara Rojas provided letters and drawings to Council which were received but not added to the official record for being distributed less than 24 hours before the meeting. The following member of the public spoke in favor of this item: Mike Hamzy of Harbison International, Inc. Motion / Second: Councilmember Olivier / Councilmember Brand Ayes: Baines, Brand, Caprioglio, Olivier, Quintero, Xiong, Brandau Noes: None Councilmember Olivier exited the Council Chamber at 10:55 and returned at 11:11 A.M. 2. GENERAL ADMINISTRATION CONTINUED F. Approve Assignment of a HOME Program Agreement from TFS Investments, LLC to Fultonia West/Cedar Heights Scattered Site, LP for the development of a Scattered Site project located on APNs 452-274-05, 452-274-16, and 471-220-55T, in the amount of $2,100,000 (Council Districts 3 and 5) – Development and Resource Management Department Action Taken: APPROVED The following member of the public spoke on this item: Barbara Hunt Motion / Second: Acting President Baines / Councilmember Quintero Ayes: Baines, Brand, Caprioglio, Quintero, Xiong, Brandau Noes: None Absent: Olivier June 26, 2014 Page 11 of 15 SCHEDULED COUNCIL HEARINGS AND MATTERS CONTINUED 10:00 A.M.#2 JOINT MEETING OF THE SUCCESSOR AGENCY, THE CITY OF FRESNO AS HOUSING SUCCESSOR AND THE FRESNO REVITALIZATION CORPORATION The City Council met in joint session with the Successor Agency to the Redevelopment Agency of the City of Fresno and Fresno Revitalization Corporation at 10:58 A.M. to discuss the following: A. Approve an amended and restated Owner Participation Agreement, in the amount of $870,000, from TFS Investments, LLC to Fultonia West/Cedar Heights Scattered Site, LP for the development of a Scattered Site Project on APN’s 452 -274-05, 452-274-16 and 471-220- 55 (Council District 5) (City action) Action Taken: APPROVED The following member of the public spoke on this item: Barbara Hunt. CITY COUNCIL VOTE Motion / Second: Councilmember Caprioglio / Councilmember Quintero Ayes: Baines, Brand, Caprioglio, Quintero, Xiong, Brandau Noes: None Absent: Olivier President Brandau exited the Council Chamber at 11:05 A.M. and returned at 11:07 A.M. Councilmember Brand exited the Council Chamber at 11:05 A.M. and returned at 11:11 A.M. B. Successor Agency to the Redevelopment Agency consider adopting and approving: 1. Adopt finding of Categorical Exemption pursuant to Section 15301/Class 1 of the CEQA Guidelines (no change in existing use) (Successor Agency and FRC action) Action Taken: ADOPTED 2. Purchase and sale agreement between the Successor Agency to the Redevelopment Agency of the City of Fresno and Bitwise Industries LLC for the sale of a certain former Redevelopment Agency parcel located at 730 & 738 Van Ness (APN’s 468- 253-11T & -15T) within the City of Fresno (Successor Agency and FRC action) Action Taken: APPROVED The following member of the public spoke on this item: Barbara Hunt. SUCCESSOR AGENCY VOTE (Members are the City Councilmembers) Motion / Second: Member Caprioglio / Member Xiong Ayes: Caprioglio, Quintero, Xiong, Baines Noes: None Absent: Brand, Brandau, Olivier June 26, 2014 Page 12 of 15 FRESNO REVITALIZATION VOTE (Members are City Council and Mayor) Motion / Second: Member Caprioglio / Member Xiong Ayes: Caprioglio, Quintero, Xiong, Baines Noes: None Absent: Brand, Brandau, Olivier, Swearengin Approve minutes of June 19, 2014 Action Taken: CONTINUED TO JULY 17, 2014 JOINT SESSION ADJOURNED – 11:06 A.M. SCHEDULED COUNCIL HEARINGS AND MATTERS CONTINUED 10:20 A.M. HEARING to consider Text Amendment Application No. TA-14-002 and related environmental finding regarding Urban Growth Management development restrictions on the running distance between commercial and industrial developments and an operating city fire station (Citywide Application) – Development and Resource Management Department and Fresno Fire Department Action Taken: HELD 1. Consider the environmental finding of Environmental Assessment No. TA -14- 002, dated May 1, 2014, pursuant to CEQA Guidelines Section 15061(b)(3), that there is no possibility that this project may have a significant effect on the environment Action Taken: ADOPTED 2. BILL- (For introduction) - Amending Section 12-4.508-E of the Fresno Municipal Code regarding Urban Growth Management development restrictions on the running distance between commercial and industrial developments and an operating City fire station Action Taken: BILL B-29 INTRODUCED AND LAID OVER Deputy Fire Chief Tim Henry provided an June 23, 2014 letter from the B.I.A. to Council which was received but not added to the official record for being distributed less than 24 hours before the meeting. The following members of the public spoke on this item: Barbara Hunt, Claudia Cazares. Motion / Second: Councilmember Caprioglio / President Brandau Ayes: Baines, Caprioglio, Quintero, Xiong, Brandau Noes: None Absent: Brand, Olivier 10:30 A.M. HEARING to consider Text Amendment Application No. TA-14-001 and related environmental finding to establish zoning regulations for payday lenders in the City of Fresno (Citywide Application) – Development and Resource Management Department Action Taken: HELD June 26, 2014 Page 13 of 15 1. Consider the environmental finding of Environmental Assessment No. TA-14- 001, dated May 1, 2014, pursuant to CEQA Guidelines section 15061(b)(3), that there is no possibility that this project may have a significant effect on the environment Action Taken: ADOPTED 2. BILL - (For introduction) - Amending Sections 12-220.3, 12-222.3, 12-231.5, 12-105.P, and 12-306.N.17 of the Fresno Municipal Code to establish regulations for payday lending establishments within the City of Fresno Action Taken: BILL B-30 INTRODUCED AS AMENDED AND LAID OVER Councilmember Baines motioned to approve the item while striking the following language from the proposed Bill / Ordinance: “Likewise, if the Payday Lending Establishment adds capacity, floor or land area, or extends the hours of operation, such changes shall result in a termination unless authorized by a new or amended conditional use permit.” The following members of the public spoke on this item: Barbara Hunt, Reverend Christopher Garcia, Reverend Natalie Chamberlain, Pastor Christopher Breedlove, Mike Alexander, Priscilla Steele, Reverend Sophia Dewitt, Dee Barnes, Sophia Garcia, DJ Garner, Vanesa Lugo Motion / Second: Acting President Baines / Councilmember Xiong Ayes: Baines, Brand, Caprioglio, Olivier, Quintero, Xiong, Brandau Noes: None RECESSED 12:06 P.M. to 1:30 P.M. 4. CLOSED SESSION CONTINUED The City Council continued in closed session in Room 2125 from 1:30 P.M. to 2:45 P.M. and from 3:05 PM. To 3:15 P.M. (recessed from 2:45 to 3:05) to discuss the following: A. CONFERENCE WITH LABOR NEGOTIATOR – Government Code Section 54957.6 City Negotiator(s): Jeffrey Cardell, Ken Phillips Employee Organization(s): 1. City of Fresno Management Employees Association (CFMEA) 2. City of Fresno Professional Employees Association (CFPEA) 3. IUOE, Stationary Engineers, Local 39 (L39) 4. Fresno City Employees Association (FCEA) 5. Fresno Police Officers Association (FPOA Basic) 6. International Association of Firefighters, Local 753 (Fire Basic) 7. Amalgamated Transit Union, Local 1027 (ATU) 8. International Brotherhood of Electrical Workers, Local 100 (IBEW) 9. Fresno Police Officers Association (FPOA Management) 10. International Association of Firefighters, Local 753 (Fire Mgmt.) 11. Fresno Airport Public Safety Supervisors (FAPSS) Action Taken: HELD June 26, 2014 Page 14 of 15 No Announcement was made. President Brandau noted Council was continuing the closed session conference with the Labor Negotiator to discuss the letter received from the International Association of Fire Fighters (IAFF), Local 753 (Fire Basic) as it related to the 10:45 A.M. hearing regarding a bargaining impasse and unilateral implementation of wages, hours and other terms and conditions of employment for employees in Unit 5, represented by the International Association of Fire Fighters, Local 753 (Fire Basic). The following member of public spoke on the closed session item: Pete Flores spoke to Council regarding a last minute letter from the International Association (IAFF) of Fire Fighters, Local 753 (Fire Basic). 10:45 A.M. HEARING regarding a bargaining impasse and unilateral implementation of wages, hours and other terms and conditions of employment for employees in Unit 5, represented by the International Association of Fire Fighters, Local 753 (Fire Basic) – Personnel Department Action Taken: 1. * RESOLUTION - To implement changes in wages, hours and other terms and conditions of employment for City employees in Unit 5, represented by the International Association of Fire Fighters (IAFF), Local 753 (Fire Basic) Action Taken: RESOLUTION 2014-107 ADOPTED AS AMENDED 2. * RESOLUTION – 7th amendment to Salary Resolution No. 2013-101, modifying salaries in Exhibit 5, Fire Non-Management (IAFF) Action Taken: NOT ADOPTED Acting President Baines stated the following after the closed session: the IAFF made a proposal that adopted the terms set forth in the City’s May 20th, 2014 proposal with six modifications. The IAFF stated they would take the proposal back to the membership with the strongest recommendation possible. Acting President Baines motioned to approve a resolution accepting the terms of the IAFF June 26, 2014 proposal which adopted the terms set forth in the City’s May 20 th, 2014 proposal with the six modifications. Acting President Baines noted that if the IAFF failed to ratify the June 26, 2014 offer, the City would have a hearing on July 10, 2014 at 8:30 A.M. to consider implementation of the City’s last best offer. The following members of the public spoke on this item: Pete Flores, Brandon Griffith, Mike McGee, George Arthur, Lee Sharpe, Barbara Hunt, Justin McDonald, Devin McGuire, Joshua Sellers, Carlton Jones, Lupe Fernandez, Brad Driscoll, Chad Bersnine, Kenny Garcia, Nancy Garnie, Mark Garcia, Jon Cresey, Chantay Mackentire, Christian Palmer, Marina Magdaleno, Amy Tragu, Dee Barnes Motion / Second: Acting President Baines / President Brandau Ayes: Baines, Brand, Caprioglio, Olivier, Quintero, Xiong, Brandau Noes: None June 26, 2014 Page 15 of 15 UNSCHEDULED COMMUNICATION The following member of the public spoke to Council regarding items not on the Agenda: Barbara Hunt – praised the Council decision to work with Local 753 (Fire Basic) and discussed the city’s handling of tax money she felt was intended for the Police and Fire Departments. ADJOURNED – 4:51 P.M. Approved on the _________________day of ______________________________, 2014. ___________________________________ATTEST:_____________________________________ Steve Brandau, Council President Todd Stermer, Assistant City Clerk July 10, 2014 Page 1 City Council Minutes July 10, 2014 The City Council met in a special meeting at the hour of 8:05 A.M. in the Council Chamber, City Hall, on the day above written. 8:05 A.M. ROLL CALL City Clerk Spence took roll call and announced that Councilmember Olivier was present via teleconference from the California Civic Leadership Institute Workshop at the Big Creek Guest Lodge: 54510 Manzanita, Big Creek, CA 93605 Present: Oliver Baines III Acting Council President Lee Brand Councilmember Paul Caprioglio Councilmember Clinton Olivier Councilmember Sal Quintero Councilmember Blong Xiong Councilmember Steve Brandau Council President Also Present: Bruce Rudd City Manager Renena Smith Assistant City Manager Doug Sloan City Attorney Yvonne Spence City Clerk Invocation by Council President Brandau Pledge of Allegiance to the Flag Council President Brandau announced how the meeting would be run. The public will have an opportunity to comment prior to Council going into Closed Session. The Council will go into Closed Session for about a half an hour, and when Closed Session is over, the Council will take ad ditional public comments. Council President Brandau asked City Attorney Sloan to make the announcement regarding what the Council will discuss in Closed Session. City Attorney Sloan announced that the Council will have a conference with labor negotiator regarding the Fire Basic Contract. Council President Brandau asked the audience if anyone wanted to address the City Council regarding this topic. The following members of the public spoke on this item: Mr. Tom Sharp of the Law Offices of Bennett and Sharp, Pete Flores, and Dee Barnes. The Council recessed the meeting to go into Closed Session at 8:28 A.M. July 10, 2014 Page 2 CLOSED SESSION The City Council met in closed session in Room 2125 from 8:28 A.M. to 9:15 A.M. to discuss the following: CONFERENCE WITH LABOR NEGOTIATOR - Government Code Section 54957.6 City Negotiator(s): Jeffrey Cardell, Ken Phillips Employee Organization(s): 1. International Association of Firefighters, Local 753 (Fire Basic) Action Taken: HELD 8:00 A.M. SCHEDULED COUNCIL HEARING AND MATTERS HEARING regarding a bargaining impasse and unilateral implementation of wages, hours and other terms and conditions of employment for employees in Unit 5, represented by the International Association of Fire Fighters, Local 753 (Fire Basic) – Personnel Department Action Taken: Mr. Jeff Cardell, Director of Personnel Services gave a staff presentation. Mr. Cardell started out by stating a couple of corrections to the agenda item. 1) The staff report should read an effective date of the terms and conditions as July 14, 2014, not July 14, 2015. 2) Terms and conditions recommended for approval today on the pension side should also include a 12% contribution for all new hires on or after the effective date. After Mr. Cardell’ s presentation, Council President Brandau announced that the public comment would be limited to a total of 30 minutes and each speaker would be allowed a maximum of two minutes each. The following members of the public addressed the Council: Pete Flores, Rick Steitz, Marina Magdalano, Charles Croogman, Lee Sharp, Carlton Jones, and Christian Palmer. With no more members of the public wanting to speak, Council President Brandau, called upon Councilmember Brand for Council comments. Councilmember Brand thanked Pete Flores and all of the firefighters for all of their hard work and for trying to find a resolution. In the FY2015 budget we started the process of rebuilding the fire department with $400 million dollars being set aside for four engines, one fire truck and seven fire fighters. Councilmember Brand also talked about pension and health and welf are for firefighters. Councilmember Brand discussed restoring services, street maintenance and deferred infrastructure. He also stated that they have to reconcile what you are worth to what we can afford and it is difficult for him to impose. Councilmember Brand made the motion to adopt the resolution as presented by staff with staff modifications. Council President Brandau seconded the motion. Councilmember Xiong was the next councilmember to speak. Councilmember Xiong stated that this Council is one of the hardest working groups he has worked with. He also wants everyone to understand how difficult this decision is for all of his council colleagues. July 10, 2014 Page 3 Council President Brandau recognized Councilmember Baines. Councilmember Baines stated that the council has heard a lot over the last month or so. This council has tremendous respect for the Fire body. These decisions are very difficult. He echoed Councilmember Xiong’s sentiments. Councilmember Baines gets the impression that the Council and Fire Basic are very close in reaching an agreement. He requested that Fire have faith in their leadership. Council President Brandau recognized Councilmember Quintero. Councilmember Quintero stated that he will not be supporting imposing. He doesn’t believe it’s a benefit to anyone. By not imposing today is a small way to say thank you and continue talking and give you time to work with your leadership. Councilmember Quintero sincerely thanked the fire fighters for the work that they do. Council President Brandau having allowed all of the councilmembers to speak took this opportunity to speak. He stated that since he has been elected, this is the first time he has seen any type of negotiations go this far or get to this point. Council President Brandau explained that the Council was ready to take a vote on this two weeks ago and they received a letter the day of the meeting. At that time Councilmember Baines stated we owe the fire fighters more time and he agreed with Councilmember Baines. He wants the fire fighters to understand that he does believe that the negotiations won’t be lasting too much longer. It is his hope that this imposition shakes up the pot and then we come back immediately and start negotiating. The Council President announced that the vote would be a roll call vote. Clerk Spence called the roll and the vote is as follows: 1. *RESOLUTION – To implement changes in wages, hours and other terms and conditions of employment for City employees in Unit 5, represented by the International Association of Fire Fighters (IAFF), Local 753 (Fire Basic) Action Taken: APPROVED AS AMENDED Councilmember Brand made a motion to adopt a resolution as presented by staff with staff modifications. Motion / Second: Councilmember Brand/President Brandau Ayes: Baines, Brand, Brandau, Caprioglio, Olivier Noes: Quintero, Xiong Council President Brandau asked City Attorney Sloan to announce what will be discussed in closed session. City Attorney Sloan stated there will be a conference with legal counsel regarding existing litigation on both of the Vagim matters. He doesn’t expect any announcement or need to return to public session afterwards. Council recessed at 10:10 A.M. for closed session. July 10, 2014 Page 4 8:30 A.M. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION – Government Code Section 54956.9, Subdivision (d) (1) 1. City of Fresno et al. v. Doug Vagim, et al.; Fresno Superior Court No. 13CERCG03080 5th District Court of Appeal No. F069296 Related Matter: Doug Vagim et al. v. City of Fresno, et al; Fresno Superior Court No. 13CECG03206 Action Taken: DISCUSSED ADJOURNED AT 11:50 A.M. Approved on the _________________day of ______________________________, 2014. ___________________________________ATTEST:_____________________________________ Steve Brandau, Council President Yvonne Spence, City Clerk City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-212 Agenda Date:7/24/2014 Agenda #: Approval of Successor Agency and Fresno Revitalization Corporation minutes from June 19 and June 26, 2014 City of Fresno Printed on 12/15/2022Page 1 of 1 powered by Legistar™ Successor Agency to the Redevelopment Agency of the City of Fresno Minutes June 19, 2014 Present: Lee Brand Member Steve Brandau Member Paul Caprioglio Vice Chair Clinton Olivier Member Sal Quintero Member Blong Xiong Member Oliver Baines Chair The City Council met in joint session with the Successor Agency to the Redevelopment Agency of the City of Fresno and Fresno Revitalization Corporation at 7:54 P.M. to discuss the following: 3:00 P.M. JOINT MEETING OF THE CITY OF FRESNO AND THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF FRESNO AND FRESNO REVITALIZATION CORPORATION A Actions pertaining to property located at 939 G Street 1. Adopt finding of Categorical Exemption pursuant to Section 15301/Class 1 of the CEQA Guidelines (no change in existing use) (Successor Agency action) Action Taken: ADOPTED 2. Approve a purchase and sale agreement with DFP Ltd LP for 939 G. Street (APN 467-071-05T) within the City of Fresno (Successor Agency action) Action Taken: APPROVED SUCCESSOR AGENCY VOTE (Members are the City Councilmembers) Motion / Second: Board Member Caprioglio / Board Member Brandau Ayes: Brand, Brandau, Caprioglio, Olivier, Quintero, Xiong, Baines Noes: None B. RESOLUTION - Approving the Long Range Property Management Plan (Successor Agency and Fresno Revitalization Corporation action) Action Taken: RESOLUTIONS SA-23 AND FRC-12 ADOPTED SUCCESSOR AGENCY VOTE (Members are the City Councilmembers) Motion / Second: Board Member Olivier / Board Member Brand Ayes: Brand, Brandau, Caprioglio, Olivier, Quintero, Xiong, Baines Noes: None June 19, 2014 SA - 45 FRESNO REVITALIZATION VOTE (Members are City Council and Mayor) Motion / Second: Board Member Olivier / Board Member Brand Ayes: Brand, Brandau, Caprioglio, Olivier, Quintero, Xiong, Baines Noes: None Absent: Swearengin C. RESOLUTION - Approving the loans made by the City of Fresno to the former Redevelopment Agency of the City of Fresno as an enforceable obligation and make a finding that each of the loans were made for a legitimate redevelopment purpose (Successor Agency and Fresno Revitalization Corporation action) Action Taken: RESOLUTIONS SA-24 AND FRC-13 ADOPTED SUCCESSOR AGENCY VOTE (Members are the City Councilmembers) Motion / Second: Board Member Olivier / Board Member Brand Ayes: Brand, Brandau, Caprioglio, Olivier, Quintero, Xiong, Baines Noes: None FRESNO REVITALIZATION VOTE (Members are City Council and Mayor) Motion / Second: Board Member Olivier / Board Member Brand Ayes: Brand, Brandau, Caprioglio, Olivier, Quintero, Xiong, Baines Noes: None Absent: Swearengin ADJOURNMENT 8:03 P.M. Approved on the _____________day of ______________________________, 2014. ______________________________ATTEST:________________________________ Oliver Baines, Chair Todd Stermer, Assistant City Clerk June 19, 2014 SA - 46 Fresno Revitalization Corporation Minutes June 19, 2014 Present: Lee Brand Member Steve Brandau Member Paul Caprioglio Vice Chair Clinton Olivier Member Sal Quintero Member Blong Xiong Member Oliver Baines Chair Absent: Ashley Swearengin FRC Member The City Council met in joint session with the Successor Agency to the Redevelopment Agency of the City of Fresno and Fresno Revitalization Corporation at 7:54 P.M. to discuss the following: 3:00 P.M. JOINT MEETING OF THE CITY OF FRESNO AND THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF FRESNO AND FRESNO REVITALIZATION CORPORATION A Actions pertaining to property located at 939 G Street 1. Adopt finding of Categorical Exemption pursuant to Section 15301/Class 1 of the CEQA Guidelines (no change in existing use) (Successor Agency action) Action Taken: ADOPTED 2. Approve a purchase and sale agreement with DFP Ltd LP for 939 G. Street (APN 467-071-05T) within the City of Fresno (Successor Agency action) Action Taken: APPROVED SUCCESSOR AGENCY VOTE (Members are the City Councilmembers) Motion / Second: Board Member Caprioglio / Board Member Brandau Ayes: Brand, Brandau, Caprioglio, Olivier, Quintero, Xiong, Baines Noes: None B. RESOLUTION - Approving the Long Range Property Management Plan (Successor Agency and Fresno Revitalization Corporation action) Action Taken: RESOLUTIONS SA-23 AND FRC-12 ADOPTED SUCCESSOR AGENCY VOTE (Members are the City Councilmembers) Motion / Second: Board Member Olivier / Board Member Brand June 19, 2014 FRC - 24 Ayes: Brand, Brandau, Caprioglio, Olivier, Quintero, Xiong, Baines Noes: None FRESNO REVITALIZATION VOTE (Members are City Council and Mayor) Motion / Second: Board Member Olivier / Board Member Brand Ayes: Brand, Brandau, Caprioglio, Olivier, Quintero, Xiong, Baines Noes: None Absent: Swearengin C. RESOLUTION - Approving the loans made by the City of Fresno to the former Redevelopment Agency of the City of Fresno as an enforceable obligation and make a finding that each of the loans were made for a legitimate redevelopment purpose (Successor Agency and Fresno Revitalization Corporation action) Action Taken: RESOLUTIONS SA-24 AND FRC-13 ADOPTED SUCCESSOR AGENCY VOTE (Members are the City Councilmembers) Motion / Second: Board Member Olivier / Board Member Brand Ayes: Brand, Brandau, Caprioglio, Olivier, Quintero, Xiong, Baines Noes: None FRESNO REVITALIZATION VOTE (Members are City Council and Mayor) Motion / Second: Board Member Olivier / Board Member Brand Ayes: Brand, Brandau, Caprioglio, Olivier, Quintero, Xiong, Baines Noes: None Absent: Swearengin ADJOURNMENT 8:03 P.M. Approved on the _____________day of ______________________________, 2014. ______________________________ATTEST:________________________________ Oliver Baines, Chair Todd Stermer, Assistant City Clerk June 19, 2014 FRC - 25 Successor Agency to the Redevelopment Agency of the City of Fresno Minutes June 26, 2014 Present: Lee Brand Member Steve Brandau Member Paul Caprioglio Vice Chair Clinton Olivier Member Sal Quintero Member Blong Xiong Member Oliver Baines Chair The City Council met in joint session with the Successor Agency to the Redevelopment Agency of the City of Fresno and Fresno Revitalization Corporation at 10:58 A.M. to discuss the following: 10:00 A.M. JOINT MEETING OF THE CITY OF FRESNO AND THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF FRESNO AND FRESNO REVITALIZATION CORPORATION A. Approve an amended and restated Owner Participation Agreement, in the amount of$870,000, from TFS Investments, LLC to Fultonia W est/Cedar Heights Scattered Site, LP for the development of a Scattered Site Project on APN’s 452-274-05, 452-274-16 and 471-220- 55 (Council District 5) (City action) Action Taken: APPROVED The following member of the public spoke on this item: Barbara Hunt. CITY COUNCIL VOTE Motion / Second: Councilmember Caprioglio / Councilmember Quintero Ayes: Baines, Brand, Caprioglio, Quintero, Xiong, Brandau Noes: None Absent: Olivier B. Successor Agency to the Redevelopment Agency consider adopting and approving: 1. Adopt finding of Categorical Exemption pursuant to Section 15301/Class 1 of the CEQA Guidelines (no change in existing use) (Successor Agency and FRC action) Action Taken: ADOPTED 2. Purchase and sale agreement between the Successor Agency to the Redevelopment Agency of the City of Fresno and Bitwise Industries LLC June 26, 2014 SA - 47 for the sale of a certain former Redevelopment Agency parcel located at 730 & 738 Van Ness (APN’s 468- 253-11T & -15T) within the City of Fresno (Successor Agency and FRC action) Action Taken: APPROVED The following member of the public spoke on this item: Barbara Hunt. SUCCESSOR AGENCY VOTE (Members are the City Councilmembers) Motion / Second: Member Caprioglio / Member Xiong Ayes: Caprioglio, Quintero, Xiong, Baines Noes: None Absent: Brand, Brandau, Olivier FRESNO REVITALIZATION VOTE (Members are City Council and Mayor) Motion / Second: Member Caprioglio / Member Xiong Ayes: Caprioglio, Quintero, Xiong, Baines Noes: None Absent: Brand, Brandau, Olivier, Swearengin Approve minutes of June 19, 2014 Action Taken: CONTINUED TO JULY 17, 2014 ADJOURNMENT 11:06 A.M. Approved on the _____________day of ______________________________, 2014. ______________________________ATTEST:________________________________ Oliver Baines, Chair Todd Stermer, Assistant City Clerk June 26, 2014 SA - 48 Fresno Revitalization Corporation Minutes June 26, 2014 Present: Lee Brand Member Steve Brandau Member Paul Caprioglio Vice Chair Clinton Olivier Member Sal Quintero Member Blong Xiong Member Oliver Baines Chair Absent: Ashley Swearengin FRC Member The City Council met in joint session with the Successor Agency to the Redevelopment Agency of the City of Fresno and Fresno Revitalization Corporation at 10:58 A.M. to discuss the following: 10:00 A.M. JOINT MEETING OF THE CITY OF FRESNO AND THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF FRESNO AND FRESNO REVITALIZATION CORPORATION A. Approve an amended and restated Owner Participation Agreement, in the amount of$870,000, from TFS Investments, LLC to Fultonia W est/Cedar Heights Scattered Site, LP for the development of a Scattered Site Project on APN’s 452-274-05, 452-274-16 and 471-220- 55 (Council District 5) (City action) Action Taken: APPROVED The following member of the public spoke on this item: Barbara Hunt. CITY COUNCIL VOTE Motion / Second: Councilmember Caprioglio / Councilmember Quintero Ayes: Baines, Brand, Caprioglio, Quintero, Xiong, Brandau Noes: None Absent: Olivier B. Successor Agency to the Redevelopment Agency consider adopting and approving: 1. Adopt finding of Categorical Exemption pursuant to Section 15301/Class 1 of the CEQA Guidelines (no change in existing use) (Successor Agency and FRC action) Action Taken: ADOPTED June 26, 2014 FRC - 26 2. Purchase and sale agreement between the Successor Agency to the Redevelopment Agency of the City of Fresno and Bitwise Industries LLC for the sale of a certain former Redevelopment Agency parcel located at 730 & 738 Van Ness (APN’s 468- 253-11T & -15T) within the City of Fresno (Successor Agency and FRC action) Action Taken: APPROVED The following member of the public spoke on this item: Barbara Hunt. SUCCESSOR AGENCY VOTE (Members are the City Councilmembers) Motion / Second: Member Caprioglio / Member Xiong Ayes: Caprioglio, Quintero, Xiong, Baines Noes: None Absent: Brand, Brandau, Olivier FRESNO REVITALIZATION VOTE (Members are City Council and Mayor) Motion / Second: Member Caprioglio / Member Xiong Ayes: Caprioglio, Quintero, Xiong, Baines Noes: None Absent: Brand, Brandau, Olivier, Swearengin Approve minutes of June 19, 2014 Action Taken: CONTINUED TO JULY 17, 2014 ADJOURNMENT 11:06 A.M. Approved on the _____________day of ______________________________, 2014. ______________________________ATTEST:________________________________ Oliver Baines, Chair Todd Stermer, Assistant City Clerk June 26, 2014 FRC - 27 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#13-354 Agenda Date:7/24/2014 Agenda #: REPORT TO THE CITY COUNCIL Date:July 24, 2014 FROM:JENNIFER CLARK, Director Development and Resource Management Department BY:DEL ESTABROOKE, Manager Parking Services Division SUBJECT Approve Structure Lease Agreement with Cingular Wireless at City of Fresno Parking Garage #7 located at 801 Van Ness Avenue (Council District 3) RECOMMENDATION Approve a Structure Lease Agreement between Cingular Wireless and the City of Fresno to provide 475 square feet of rooftop structure space for placement of Tenant Communications Facility at parking garage #7 located at 801 Van Ness Avenue. EXECUTIVE SUMMARY Cingular Wireless desires to install a Tenant owned and maintained communications structure on the garage rooftop parking area of City of Fresno Parking Garage #7,located at 801 Van Ness.The structure is in the shape of a small one story building that will occupy approximately four hundred and seventy five (475)square feet of the rooftop located on the northwest corner of the garage.The roof of the garage is actually built as additional roof top parking spaces.The tenant will use this property in connection with its federally licensed communications business.After the building and its associated equipment is installed the tenant will use the premises for the transmission and reception of communication signals. BACKGROUND Currently and for the past several years T Mobile had a similar type facility located on the roof of Parking Garage #7.The new structure operated by Cingular Wireless will be constructed adjacent to the existing T Mobile unit.Other than allowing Cingular technicians’access to the parking garage,the tenant is responsible for its complete operation including maintenance,repair,inspection,insurance,etc.The City Attorney has approved as to form the Structure Lease Agreement. City of Fresno Printed on 12/15/2022Page 1 of 2 powered by Legistar™ File #:ID#13-354 Agenda Date:7/24/2014 Agenda #: ENVIRONMENTAL FINDINGS This project is exempt under Section 15332 (Class 32/Infill Development)and Section 15303 (Class 3/New Construction or Conversion of Small Structures)of the California Environmental Quality Act (CEQA)Guidelines.None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, section 15300.2 apply to this project. EXPLANATION:Section 15332/Class 32 exempts from the provisions of CEQA,construction of projects characterized as in-fill development meeting the following conditions:a)the project is consistent with the applicable general plan designation and all applicable general plan policies as well as with the applicable zoning designation and regulation,b) the proposed development occurs within city limits within a lease area of approximately 716 square feet,which is less than the five acre maximum,and is substantially surrounded by urban use,c)the project site has no value as habitat for endangered,rare or threatened species,or d)approval of the project would not result in any significant effects relating to traffic, noise, air quality, and e) the site can be adequately served by all required utilities and public services. LOCAL PREFERENCE N/A FISCAL IMPACT Revenue generated from this agreement will be deposited into the Parking Services General Fund account.The Lease terms are set up for an initial term of five (5)years.The agreement will automatically renew for four (4)additional five (5) year terms which are defined as “Extension Terms”with the continued agreement of both parties.There are termination clauses in the agreement.For the first five years of the agreement the tenant shall pay the City $1,000 per month.At the commencement of each extension term,the monthly rent will increase by seven and one half percent (7.5%)over the rent paid during the previous five (5)year term.The lease terms of this agreement are similar to the terms of the other communications provider currently under agreement at the same location. Attachment:Garage #7 Cell Tower Option and Structure Lease Agreement City of Fresno Printed on 12/15/2022Page 2 of 2 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-125 Agenda Date:7/24/2014 Agenda #: REPORT TO THE CITY COUNCIL July 24, 2014 FROM:THOMAS C. ESQUEDA, Director Department of Public Utilities THROUGH:MARTIN A. QUERIN, PE, Assistant Director Department of Public Utilities - Water Division BY:KENNETH G. HEARD, Chief of Water Operations - Production/SWTF Department of Public Utilities - Water Division RUSSELL B. GUILLIAMS, Water System Supervisor - SWTF Department of Public Utilities - Water Division SUBJECT Award a requirements contract in the amount of $184,563 to Olin Corporation dba Olin Chlor Alkali Products (“Olin’’),for bulk sodium hydroxide and authorize the Director of Public Utilities,or his designee,to execute a one-year contract with provisions for two one-year extensions -Bid File 9278 (Citywide) RECOMMENDATION Staff recommends City Council award a contract to Olin and authorize the Director of Public Utilities, or his designee, to execute the contract. EXECUTIVE SUMMARY The Department of Public Utilities -Water Division,routinely uses sodium hydroxide as an additive in finished drinking water at the North East Surface Water Treatment Facility (NESWTF)and T3 Surface Water Treatment Facility (T3).The execution of a requirements contract with one supplier establishes a firm price,secured through competitive bidding,for a specified time,and allows the City to make purchases as needed. Funding for this contract is included in the FY2015 budget.Staff recommends award of a requirements contract to Olin Corporation of Tracy,California,for these services in the amount of City of Fresno Printed on 12/15/2022Page 1 of 2 powered by Legistar™ File #:ID#14-125 Agenda Date:7/24/2014 Agenda #: $184,563. BACKGROUND The Department of Public Utilities -Water Division,considers sodium hydroxide an extremely effective enhancement chemical for City of Fresno’s water supply.It conditions raw water,thereby enhancing the chemical reaction with the primary coagulant,in order to facilitate cleansing of the water.It also adjusts the pH of the treated water entering the water distribution system,rendering the water non-aggressive and reducing the potential for corrosion-related failures in both the distribution system, as well as the end-users’ facilities (homes and businesses, etc.). A Notice Inviting Bids was published on April 28,2014,per the City of Fresno Charter Section 1208. Ten Building Exchanges were faxed Notice Inviting Bids,and 16 specifications were distributed to prospective bidders.The bid opening was on May 13,2014,and two bids were received ranging from $184,563 to $191,704.Olin submitted the lowest bid price in the amount of 184,563 and is considered the lowest responsive and responsible bidder.The Notice of Staff Determination of Contract Award was posted on the City’s website on June 10, 2014. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act Guidelines Section 15378 the award of this contract does not qualify as a “project”and is therefore exempt from the California Environmental Quality Act requirements. LOCAL PREFERENCE Local preference did not affect the award of this requirements contract since none of the bidders qualify for the local business preference according to the Fresno Municipal Code Section 4-108(a)in that the bid amount did not exceed the $500,000 threshold. FISCAL IMPACT The expenditure,which is citywide,will not have any impact to the General Fund.Appropriations for bulk sodium hydroxide are included in the Water Division’s FY2015 Operating Program budget within the Water Enterprise Fund (40101).Funding for this expenditure was included in the water rate model used to create the four-year utility rate plan and subsequently adopted by City Council on August 15, 2013 (Resolution 2013-143). Attachment:Bid Evaluation City of Fresno Printed on 12/15/2022Page 2 of 2 powered by Legistar™ EVALUATION OF BID Page 1 PROPOSALS FOR: REQUIREMENTS CONTRACT FOR BULK SODIUM HYDROXIDE, 25% AND 50% BIDDER'S 1. Olin Corporation DBA Olin Chlor Alkali Products 26700 South Banta Road Tracy, CA 95377 2. Univar USA Inc. 8201 s 212th Kent, WA 98032 Bid File No. 9278 Bid Opening: 5/13/14 TOTAL NET BID AMOUNT $184,563.00 $191,703.60 Each bidder has agreed to allow the City sixty-four (64) days from date bids are opened to accept or reject their bid proposal. Purchasing requests that you complete the following sections and return this bid evaluation to the Purchasing Division at the latest by Monday, June 9, 2014 5:00P.M. The current contract pricing is 13.3% below the previous contract pricing. BACKGROUND OF PROJECT (To be completed by Evaluating Department/Division. Explain need for project/equipment): Sodium Hydroxide is used at both the North East and T-3 Surface Water Treatment Facilities to adjust the pH of the raw water to bring it into an optimum pH range for effective use of the coagulant. It is also used on the treated water for pH adjustment as a part of our corrosion control program. K:\FORMS\EVALUATIONFORM EVALUATION OF BID Page 2 PROPOSALS FOR : REQUIREMENTS CONTRACT FOR BULK SODIUM HYDROXIDE, 25% AND 50% LlL] Award a contract in the amount $184,563 .00 To: QLIN Cojporation as the lowest responsive and responsible bidder . Remarks : [___ _ _] Reject all bids . Reason: Bid File No. 9278 Bid Opening:_ 5/1 ~/'!.!_ _____ _ K:\FORMS\EVALUA TIONFORM EVALUATION OF BID Page 3 PROPOSALS FOR: REQUIREMENTS CONTRACT FOR BULK SODIUM HYDROXIDE, 25% AND 50% Bid File No . 9278 Bid Opening: 5/13/14 Department Head Approval W Approve Dept. Recommendation [ /] Approve Finance/Purchasing Recommendation U Disapprove [_] Disapprove U See Attachment FINANCE DEPARTMENT CITY MANAGER ~ Date K:IFORMSIEVAl.lJATIONFORM FISCAL IMPACT STATEMENT PROGRAM: REQUIREMENTS CONTRACT FOR BULK SODIUM HYDROXIDE, 25% AND 50%, BID FILE# 9278, 40101/411001/WM00006 RECOMMENDATION Direct Cost Indirect Cost TOTAL COST Additional Revenue or Savings Generated Net City Cost Amount Budgeted (If none budgeted, identify source) TOTAL OR CURRENT $184,563.00 $184,563.00 $184,563 .00 $255,000.00 ANNUALIZED COST $184,563.00 $184,563.00 $184,563.00 $255,000.00 K:IFORMSIEVALUATIONFORM City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-129 Agenda Date:7/24/2014 Agenda #: REPORT TO THE CITY COUNCIL July 24, 2014 FROM:SCOTT L. MOZIER, PE, Director Public Works Department THROUGH:ROBERT N. ANDERSEN, PE, Assistant Director Public Works Department, Construction Management Division BY:PHILLIP TARVIN, Construction Manager Public Works Department, Construction Management Division SUBJECT Approve a substitution of a listed subcontractor Halopoff &Sons,Inc.,for the Van Ness Avenue Pavement Overlay from Inyo Street to Railroad Avenue (Council District 3) RECOMMENDATION It is recommended that the City Council approve the request from A.Teichert &Son Inc.,dba Teichert Construction to substitute Halopoff &Sons,Inc.,and self-perform the concrete ramps,detectable warning devices,and adjusting manholes work on Van Ness Avenue between Inyo Street and Railroad Avenue. EXECUTIVE SUMMARY Teichert &Son Inc.,dba Teichert Construction,the General Contractor for the referenced project,has requested to substitute Halopoff &Sons,Inc.,who is listed in the bid documents as the concrete subcontractor.Teichert Construction notified the City by a letter dated February 6,2014,that their concrete ramps,detectable warning devices and adjusting manholes subcontractor,Halopoff &Sons,Inc.,has become insolvent and is unable to perform their portion of work.Teichert Construction is asking that they be allowed to self-perform the Concrete Ramps,Detectable Warning Devices and Adjusting Manholes portion of the project.This action requires Council approval because Public Contract Code Section 4107 requires consent of the awarding authority to a request by a prime contractor for a substitution of a subcontractor. BACKGROUND On October 24,2013,a contract was issued in the amount of $1,252,853 to Teichert &Son Inc.,for the Van Ness Avenue Pavement Overlay from Inyo Street to Railroad Avenue project. The Notice to Proceed was issued on January 9, 2014. In the original proposal Halopoff &Sons,Inc.,of Porterville,California,was listed as the subcontractor for the concrete portion of the contract.On February 6,2014,Teichert provided the City a written request to substitute the listed subcontractor, since the listed subcontractor has become insolvent under Public Contract Code Section 4107(a) (2). City of Fresno Printed on 12/15/2022Page 1 of 2 powered by Legistar™ File #:ID#14-129 Agenda Date:7/24/2014 Agenda #: In accordance with Section 4107 of the Public Contract Code,a Prime Contractor may substitute a listed subcontractor,with the consent of the awarding authority,when the listed subcontractor has refused to perform his or her subcontract as set forth in Section 4107. Teichert has requested they be allowed to self-perform the concrete improvements subcontract work in place of Halopoff &Sons,Inc.,by letter dated February 6,2014.Section 4107 of the Public Contract Code allows the Prime Contractor to substitute listed subcontractors with prior consent from the awarding authority. In accordance with provisions of the Public Contract Code,the City has notified Halopoff &Sons,Inc.,of the proposed substitution by certified mail delivered February 11,2014.Halopoff &Sons,Inc.,did not provide written objections to the substitution.In accordance with Section 4107 the failure to file these written objections within five working days of receipt of that notification ended at 5 p.m.on February 17,2014,which constitutes the listed Subcontractor’s consent to the substitution.The City has not received an objection in accordance with Public Contract Code 4107.The City Attorney’s Office finds the proposed substitution of subcontractor to be legal and proper if Council consents to the substitution. The replacement of the subcontractor for the concrete improvements portion of the contract will not increase the cost of the project. This substitution does not affect the Disadvantaged Business Enterprise (DBE)goal because the listed subcontractor, Halopoff and Sons, is not a certified DBE. ENVIRONMENTAL FINDINGS This is not a “Project”for the purposes of CEQA pursuant to CEQA Guidelines section 15378(b)(5),as it is an administrative action that will not result in direct or indirect physical changes to the environment. LOCAL PREFERENCE Local Preference was not considered because this action does not include a bid or an award of a City construction contract. FISCAL IMPACT There will be no impact to the General Fund or the project budget by this substitution. City of Fresno Printed on 12/15/2022Page 2 of 2 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-152 Agenda Date:7/31/2014 Agenda #: REPORT TO THE CITY COUNCIL July 31, 2014 FROM:JERRY P. DYER, Chief of Police Police Department BY:KEITH L. FOSTER, Deputy Chief of Police Police Department SUBJECT 1.RESOLUTION -Authorizing the Chief of Police or designee to specify TASER International, Inc.,without substitution,for the purchase of 100 TASER Axon Flex Body-worn video cameras under the sole source competitive bidding exception 2.Award a purchase contract in the amount of $159,732.13 to TASER International,Inc.,for the purchase and service of body video cameras to be worn by police officers RECOMMENDATION It is recommended that Council authorize the Chief of Police or designee to specify TASER International,Inc.,(TASER)without substitution,for the purchase of 100 TASER Axon Flex body- worn video cameras under the sole source competitive bidding exception without an “or equal” provision in the specifications.It is also recommended that a purchase and service contract of $159,732.13 be awarded to TASER for the purchase and maintenance of the 100 TASER Axon Flex body-worn cameras and related data storage. EXECUTIVE SUMMARY Across the country many police encounters are often recorded by citizens with smart phones or other recording devices.On some occasions,those images are distorted or altered.The use and availability of body-worn cameras will provide the “point of view”of an officer and could reduce or minimize organizational litigation. The Fresno Police Department’s Homeless Taskforce,which is comprised of one sergeant,four police officers,two code enforcement specialists and two sanitation staff members currently wear TASER Axon Flex body-worn cameras.The body-worn cameras have proven to be valuable tools to the Homeless Taskforce Team and members of the community. City of Fresno Printed on 12/15/2022Page 1 of 3 powered by Legistar™ File #:ID#14-152 Agenda Date:7/31/2014 Agenda #: BACKGROUND Video technology is being utilized by law enforcement agencies at an increasing pace.The first large scale introduction of video technology for police officers was limited to “in-car”video camera systems. However,the “in car”video systems were limited to the video footage that was captured in the front of the vehicle. Personal body-worn cameras were eventually introduced as a more realistic tool to capture the true “point of view”of a police officer.In an era of increased public scrutiny and litigation,body-worn camera systems provide video evidence to capture critical incidents and also prove to be invaluable during investigations of complaints against police officers,when independent witnesses are not present. TASER has patented a body-worn video camera technology system -AXON flex and a secure patented cloud based video storage component called evidence.com.TASER International’s trademarked mounting capabilities provide unparalleled options for users to place a video camera on sunglasses,helmets,baseball caps,lapels and uniform epaulettes to provide unobstructed point of views.The variety of mounting options is not available from other manufacturers.TASER has emerged as the leader in body-worn video technology. The extended battery life provides over 12 hours of video camera operation to accommodate an officer’s entire work shift.The battery pack has LED lights to show the battery level and operating mode.The video camera system has a “Bluetooth”pairing component to allow video playback on a mobile device,yet the camera system has an internal security system which prevents users from altering or deleting video footage.The video system contains a buffering protocol to capture 30 seconds of video footage prior to the activation of the recording feature. The video camera system includes the evidence transfer system which downloads all of the video footage at the completion of a work shift into a secured cloud-based server while also fully charging the battery.The evidence server is a hosted management system which enables police departments and military units to seamlessly manage and share digital evidence.The management system allows an agency to establish password encrypted access levels for line,supervisors and managers.The system has a feature for the Chief of Police to designate one department member to have “executive access”which is the highest authorization level.The chief’s designee with the executive access is the only user that can delete video footage that may have captured sensitive or restricted images. The access feature also allows assisting agencies such as courts,district attorneys or federal prosecutors to have “read only” password encrypted access to digital evidence for prosecution. The purchase contract will cover the entire cost of the cameras,the mounting options,the evidence.com docking and charging terminals,wireless hub,future equipment as needed,the three- year licensing fee,a one-year factory warranty and an additional two-year extended warranty.The warranties will fully cover the cameras and all associated equipment for a total of three years. ENVIRONMENTAL FINDINGS N/A City of Fresno Printed on 12/15/2022Page 2 of 3 powered by Legistar™ File #:ID#14-152 Agenda Date:7/31/2014 Agenda #: LOCAL PREFERENCE This contract would be awarded as a sole source,meaning local preference would not apply since there is a single provider of the specified equipment. FISCAL IMPACT The FY/2015 budget for the Fresno Police Department has designated $89,732.13 to be used for the purchase of body-worn video cameras.The remaining $70,000.00 cost of the TASER Axon Flex cameras and associated equipment will be covered by a State Law Enforcement Supplemental Fund Grant. Attachments:Resolution Agreement Sole Source Memorandum KF:rd 07/08/2014 City of Fresno Printed on 12/15/2022Page 3 of 3 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-155 Agenda Date:7/24/2014 Agenda #: REPORT TO THE CITY COUNCIL July 24, 2014 FROM:SCOTT L. MOZIER, PE, Director Public Works Department THROUGH:ROBERT N. ANDERSEN, PE, Assistant Director Public Works Department, Construction Management Division BY:PHILLIP TARVIN, Construction Manager Public Works Department, Construction Management Division SUBJECT Approve a substitution of a listed subcontractor Halopoff &Sons,Inc.,for the Herndon Avenue Eastbound Widening from Brawley Avenue to Blythe Avenue - Council District 2 RECOMMENDATION It is recommended that the City Council approve the request from Mass X,Inc.,to substitute Halopoff &Sons,Inc., and utilize Fresno Concrete Construction,Inc.,for the concrete work on Herndon Avenue between Brawley Avenue and Blythe Avenue located in Council District 2. EXECUTIVE SUMMARY Mass X,Inc.,the General Contractor for the referenced project,has requested to substitute Halopoff &Sons,Inc.,who is listed in the bid documents as the concrete improvements subcontractor.Mass X,Inc.,notified the City by an e-mail correspondence letter dated January 29,2014,that their concrete improvements subcontractor,Halopoff &Sons,Inc., has refused to perform his or her subcontract.Mass X,Inc.,is asking that they be allowed to use Fresno Concrete Construction,Inc.,to perform the concrete improvements portion of the project.This action requires Council approval because Public Contract Code Section 4107 requires consent of the awarding authority to a request by a prime contractor for a substitution of a subcontractor. BACKGROUND On October 24,2013,a contract was issued in the amount of $1,252,853 to Mass X,Inc.,for the Herndon Avenue Eastbound Widening from Brawley Avenue to Blythe Avenue project;the Notice to Proceed was issued on January 9, 2014. In the original proposal Halopoff &Sons,Inc.,of Porterville,California,was listed as the subcontractor for all concrete improvements and related work associated with the contract.On January 29,2014 Mass X,Inc.,provided the City a written request to substitute the listed subcontractor,since the listed subcontractor has refused to perform his or her City of Fresno Printed on 12/15/2022Page 1 of 2 powered by Legistar™ File #:ID#14-155 Agenda Date:7/24/2014 Agenda #: subcontract under Public Contract Code Section 4107(a)(3). In accordance with Section 4107 of the Public Contract Code,a Prime Contractor may substitute a listed subcontractor,with the consent of the awarding authority,when the listed subcontractor has refused to perform his or her subcontract. Mass X,Inc.,has requested that they be allowed to utilize Fresno Concrete Construction,Inc.,for the concrete improvements subcontract work in place of Halopoff &Sons,Inc.,by letter dated January 29,2014.Section 4107 of the Public Contract Code allows the Prime Contractor to substitute listed subcontractors with prior consent from the awarding authority. In accordance with provisions of the Public Contract Code,the City has notified Halopoff &Sons,Inc.,of the proposed substitution by certified mail delivered February 6,2014.Halopoff &Sons,Inc.did not provide written objections to the substitution.In accordance with Section 4107,the failure to file these written objections within five working days of receipt of that notification ended at 5 p.m.on February 13,2014,which constitutes the listed subcontractor’s consent to the substitution.The City has not received an objection in accordance with Public Contract Code 4107.The City Attorney’s Office finds the proposed substitution of subcontractor to be legal and proper if Council consents to the substitution. The replacement of the subcontractor for the concrete improvements portion of the contract will not increase the cost of the project. This project does not contain a Disadvantaged Business Enterprise (DBE)requirement and therefore will not affect the DBE status of the contract. ENVIRONMENTAL FINDINGS This is not a “Project”for the purposes of CEQA pursuant to CEQA Guidelines section 15378(b)(5),as it is an administrative action that will not result in direct or indirect physical changes to the environment. LOCAL PREFERENCE Local Preference was not considered because this action does not include a bid or an award of a City construction contract. FISCAL IMPACT There will be no impact to the General Fund or the project budget by this substitution of subcontractor. City of Fresno Printed on 12/15/2022Page 2 of 2 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-156 Agenda Date:7/24/2014 Agenda #: REPORT TO THE CITY COUNCIL July 24, 2014 FROM:SCOTT L. MOZIER, PE, Director Public Works Department THROUGH:ROBERT N. ANDERSEN, PE, Assistant Director Public Works Department, Construction Management Division BY:PHILLIP TARVIN, Construction Manager Public Works Department, Construction Management Division SUBJECT Approve a substitution of listed subcontractor McCurley and Day Masonry, Inc., for the Universally Accessible Park - (Council District 1) RECOMMENDATION It is recommended that the City Council approve the request from Lewis C.Nelson and Sons,Inc. (LCN),to substitute McCurley and Day Masonry Inc.,and utilize Williams Masonry for the Building Masonry work located at Universally Accessible Park located in Council District 1. EXECUTIVE SUMMARY LCN,the General Contractor for the referenced project,has requested to substitute McCurley and Day Masonry Inc.,who is listed in the bid documents as the building masonry subcontractor.In accordance with the bid documents,LCN listed McCurley and Day Masonry,Inc.,for the building masonry portion of the project because the work exceeds one-half of one percent of the total contract amount.LCN notified the City by letter dated May 13,2014,that their building masonry, McCurley and Day Inc.,was non-responsive and would not execute a contract.LCN is requesting Williams Masonry be allowed to perform the building masonry portion of the project.This action requires Council approval because Public Contract Code Section 4107 requires consent of the awarding authority to be requested by a prime contractor for a substitution of a subcontractor. BACKGROUND On April 10,2014,a contract was issued in the amount of $7,819,000 to LCN for the construction of the Universally Accessible Park.In the original proposal,McCurley and Day Masonry of Fresno,California was listed as the subcontractor for the building masonry contract.On May 13,2014,LCN provided the City a written request to substitute the listed subcontractor due to the listed subcontractor not executing a contract under Public Contract Code 4107 (a)(1). In accordance with Section 4107 of the Public Contracts Code,a Prime Contractor may substitute a listed subcontractor, City of Fresno Printed on 12/15/2022Page 1 of 2 powered by Legistar™ File #:ID#14-156 Agenda Date:7/24/2014 Agenda #: In accordance with Section 4107 of the Public Contracts Code,a Prime Contractor may substitute a listed subcontractor, with the consent of the awarding authority, when the listed subcontractor has refused to execute a written contract. The Subletting and Subcontracting Fair Practice Act requires the Prime Contractor to secure the permission of the awarding agency before substituting a non-listed subcontractor for a listed subcontractor in order to protect the public and subcontractors from bid shopping and bid peddling.(Southern California Acoustics Co.,Inc.,v.C.V.Holder,Inc.(1969), 71 Cal.2d 719,726. LNC has requested that they be allowed to utilize Williams Masonry to perform the building masonry work in place of McCurley and Day Masonry Inc.,by letter dated May 13,2014.Section 4107 of the Public Contract Code allows the prime contractor to substitute listed subcontractor with prior consent from the awarding authority. In accordance with provisions of the Public Contract Code,the City has notified McCurley and Day Masonry Inc.,of the proposed substitution by certified mail delivered May 21,2014.McCurley and Day Masonry,Inc.,did not provide written objections within five working days of receipt of the notification ending a 5:00 P.M.on May 28,2014,which constitutes the listed subcontractor’s consent to the substitution.The City has not received a timely objection in accordance with Public Contract Code 4107.The City Attorney’s Office finds the proposed substitution of subcontractor to be legal and proper if Council consents to the substitution. The replacement of the subcontractor for the building masonry portion of the contract will not increase the cost of the project. This project does not contain a Disadvantaged Business Enterprise (DBE)requirement and therefore will not affect the DBE status of the contract. ENVIRONMENTAL FINDINGS This is not a “Project”for the purposes of CEQA pursuant to CEQA Guidelines section 15378(b)(5),as it is an administrative action that will not result in direct or indirect physical changes to the environment. LOCAL PREFERENCE Local Preference was not considered because this action does not include a bid or an award of a City construction contract. FISCAL IMPACT There will be no impact to the General Fund or the project budget by this substitution. City of Fresno Printed on 12/15/2022Page 2 of 2 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-179 Agenda Date:7/24/2014 Agenda #: REPORT TO THE CITY COUNCIL July 24, 2014 FROM:MIKE SANCHEZ, Planning Manager Development Services Division BY:SOPHIA PAGOULATOS, Supervising Planner Development Services Division SUBJECT BILL NO. B-30 (Intro. 6/26/2014) (For adoption) - Amending the Fresno Municipal Code to establish zoning and use regulations for payday lending (Citywide Application) - Development and Resource Management Department RECOMMENDATION The appropriateness of the proposed text amendment has been examined pursuant to Section 12- 402 of the Fresno Municipal Code (FMC),and the Director of the Development and Resource Management Department has determined that the proposed text amendment is consistent with the goals and policies in the 2025 Fresno General Plan. Upon consideration of staff evaluation,it can be concluded that proposed Text Amendment Application No.TA-14-001 is appropriate for citywide use.Therefore,staff recommends the City Council take the following actions: 1.APPROVE the environmental finding for Environmental Assessment No. TA-14-001, dated May 1, 2014, pursuant to CEQA Guidelines Section 15061(b)(3), that there is no possibility that this project may have a significant effect on the environment. 2.ADOPT Ordinance Bill approving Text Amendment Application No.TA-14-001,amending Sections 12-220.3,12-222.3,12-231.5,12-105.P,and 12-306.N.17 of the Fresno Municipal Code to establish regulations for payday lenders in the City of Fresno. City of Fresno Printed on 12/15/2022Page 1 of 8 powered by Legistar™ File #:ID#14-179 Agenda Date:7/24/2014 Agenda #: EXECUTIVE SUMMARY Text Amendment No.TA-14-001 was initiated by City Council Resolution No.2013-199 on November 21,2013 (see Exhibit A).The text amendment proposes to amend Sections 12-220.3,12-222.3,12-231.5,12-105.P,and 12-306.N.17 of the Fresno Municipal Code (FMC)to establish a definition for payday lenders and limit the location of new payday lenders to the C-C (Civic Center),C-4 (Central Trading),and C-6 (Heavy Commercial)zone districts as a conditional use.In addition,new establishments would be prohibited from locating within 1,320 feet (0.25 mile)from an existing payday lending establishment.Existing payday lenders could continue current operations but would be required to obtain a conditional use permit for any expansion of use.In addition,whenever the rights granted by a conditional use permit for a payday lending establishment are discontinued for a continuous period of ninety (90)days,the conditional use permit would be considered terminated. Staff supports the proposed text amendment (see Exhibit B for proposed ordinance bill containing text amendment). PROJECT INFORMATION PROJECT ·Text Amendment No. TA-14-001 was initiated by City Council Resolution No. 2013-199 on November 21, 2013 (see Exhibit A) and proposes to amend various sections of the FMC to establish zoning regulations for payday lending establishments in the City of Fresno APPLICANT ·City of Fresno - Development and Resource Management Department LOCATION ·Citywide ENVIRONMENTAL FINDING ·A finding that there is no possibility that this project may have a significant effect on the environment was made for Environmental Assessment No. TA-14-001, dated May 1, 2014, pursuant to CEQA Guidelines section 15061 (b)(3). See Exhibit C for environmental finding. PLAN COMMITTEE RECOMMENDATION ·All active Council District Plan Implementation Committees recommended approval of the text amendment. For details, see page 5 of this staff report. PLANNING COMMISSION ·On May 21, 2014, the Planning Commission recommended that the City Council: (1) adopt environmental finding, dated May 1, 2014; (2) approve Text Amendment No. TA-14-001 as presented STAFF RECOMMENDATION ·Approve the proposed text amendment and adopt the related environmental finding BACKGROUND The zoning ordinance of the FMC does not currently regulate payday lending establishments as a specific use.Currently,these types of businesses are considered banks or financial institutions and are allowed by right in most commercial zone districts (C-1 through C-6)and as a conditional use in the C-L zone district. The proposed ordinance would define “payday lending establishments”as a new land use as City of Fresno Printed on 12/15/2022Page 2 of 8 powered by Legistar™ File #:ID#14-179 Agenda Date:7/24/2014 Agenda #: The proposed ordinance would define “payday lending establishments”as a new land use as follows: A business owned or operated by a “licensee”as defined by California Financial Code Section 23001(d),as may be amended,that offers,originates,or makes deferred deposit transactions in which the lender defers depositing a customer’s personal check or electronically accessing a bank account until a specific date for a fee or other charge. As proposed in the text amendment,new payday lending establishments would be allowed in the C-C (Civic Center),C-4 (Central Trading),and C-6 (Heavy Commercial)zone districts as a conditional use and would be prohibited from locating within 1,320 feet (0.25 mile)from an existing payday lending establishment.Existing payday lenders could continue current operations but would be required to obtain a conditional use permit for any expansion of use. In addition,whenever the rights granted by a conditional use permit for a payday lending establishment are discontinued for a continuous period of ninety (90)days,the conditional use permit would be considered terminated. As of December 31,2012,there were 66 sites (see map in Exhibit D)in the City of Fresno licensed by the California Department of Business Oversight to conduct deferred deposit transactions (commonly known as “payday lenders”). Payday Lenders and Consumers California law permits deferred deposit transactions (DDT),in which the lender defers depositing a customer’s personal check or electronically accessing a bank account until a specific date,for a fee or other charge.Such charges are not “interest,”and may legally amount to the equivalent of a 459% annual percentage rate. The State of California,through the Department of Business Oversight,licenses payday lenders pursuant to California Financial Code §23000,et seq.Each license is granted for a specific site;however the Department of Business Oversight does not alert the City of Fresno when it receives an application for a new license under the deferred deposit transaction law with a Fresno address. Nationally,the consumers who borrow from payday lenders are 52%women,and 55%white; 42%own their homes;85%do not have a four-year college degree;72%have a household income of less than $40,000; 52 % are between 25 and 44 years old. Commonly,the consumer cannot repay the loan in the short time allowed,and obtains another loan to repay the first loan-incurring another round of fees without reducing the principal.The Department of Corporations has found that repeat borrowers make up 73%of payday borrowers statewide.The high fees and short-term lump-sum payment trap puts borrowers in a lengthy cycle of debt. Economic Impact on City of Fresno Between April 1,2011 and March 31,2012,payday lenders in the City of Fresno generated gross receipts of $19.7 million,and paid $29,467 in business taxes to the City.Over the 12- month period ending March 31,2013,they reported gross receipts of $17.8 million,and paid City of Fresno Printed on 12/15/2022Page 3 of 8 powered by Legistar™ File #:ID#14-179 Agenda Date:7/24/2014 Agenda #: month period ending March 31,2013,they reported gross receipts of $17.8 million,and paid $22,603 in City business taxes. Payday loan fees (by law as high as 459%)funnel dollars out of consumers’pockets-dollars they cannot then re-inject into the local economy;meanwhile,payday lenders’local employees contribute by spending their earnings locally.But Fresno does not reap an economic boost from these businesses’profits:profits from almost 90%of payday lending stores in Fresno are siphoned to corporations outside of Fresno. Several studies have drawn conflicting conclusions about the economic impact of this industry.One study,commissioned by the DDT industry,analyzed only the beneficial impact of the industry as an employer (employees’income infused into the economy);other studies have also taken into account borrowers’reduced spending power,and have estimated a net economic loss per establishment in California of $54,569 in 2011. Using the most recent study (Lohrentz,March 2013),a net economic loss to the City of Fresno of at least $3.6 million can be estimated.However the $3.6 million figure almost certainly understates actual loss to our local economy: ·It does not take into account the fact that a larger proportion of Fresno residents are likely to use DDT services,because Fresno has higher rates of unemployment and relative poverty than the rest of the state; ·It does not take into account that almost 90%of the DDT lenders in Fresno are corporations in other parts of the state and country,so that these lenders’profits end up reinvested outside of the Fresno economy. The local businesses most likely to feel the impacts of families’reduced spending are health care providers,insurers and consumer trade.Consumers’loss of spending power to purchase these services reduces these businesses’incomes.As importantly,it also creates real risks to the health and welfare of the entire community.For example,deferred health care results in public health risks from communicable diseases and public spending for increased emergency room visits,and drivers unable to pay for auto insurance transfer to the public the costs of automobile accidents. Other Jurisdictions’ Regulations It is possible for local jurisdictions to regulate payday lending establishments through land use regulations and zoning,as has been done by an increasing number of cities in the state and nationwide.Specific measures instituted by California communities have included one or more of the following land use related requirements: ·Distance or separation requirements (anywhere from 300 feet to half mile)between payday lending/check cashing businesses to prevent overconcentration in specific areas; ·Distance requirements separating the businesses from residential areas and/or other sensitive or specified uses (i.e., schools or liquor stores); ·A numerical cap on the total number of such businesses within the jurisdiction; ·Limitation to certain zoning districts; City of Fresno Printed on 12/15/2022Page 4 of 8 powered by Legistar™ File #:ID#14-179 Agenda Date:7/24/2014 Agenda #: ·Requirement to obtain a conditional use or special use permit; ·Lighting and/or security requirements; ·Graffiti clean-up requirements. A summary of payday lending zoning laws in cities across the country is included in Exhibit E. PUBLIC NOTICE AND INPUT In accordance with Fresno Municipal Code Section 12-402-B,a notice of public hearing was published in the Fresno Bee on April 25,2014,ten days prior to the Planning Commission hearing,and again on June 13,2014,ten days prior to the June 26,2014 City Council hearing. The input received is summarized below: Council District Implementation Committees All active Council District Implementation Committees recommended approval of the text amendment.The District 2 and District 5 Committees recommended half-mile spacing between establishments (as compared to the quarter-mile currently included in the text amendment)with District 2 further recommending 500-foot spacing between the establishments and churches or schools.The District 3 Committee recommended approval with no further recommendations.The District 4 Committee recommended more security at existing establishments.The District 6 Committee recommended that auto title loans be included in the text amendment. Airport Land Use Commission The Airport Land Use Commission reviewed the text amendment on April 7,2014 and found it consistent with the airport land use plans within the City of Fresno. Planning Commission The Planning Commission considered the text amendment at its regularly scheduled meeting of May 21,2014.The correspondence noted below was received prior to the Planning Commission meeting and included in the staff report.At the hearing,six people spoke in support of the text amendment and nine spoke in opposition.Those that spoke in favor represented the California Reinvestment Coalition,United Way of Fresno,Faith in Community,Central California Legal Services,Inc.,Economic Opportunities Commission and The Well church.Those that spoke in opposition were essentially advocates for the payday lending industry or their employees, with the exception of one citizen/customer. The Planning Commission unanimously recommended approval of Text Amendment TA-14- 001 and the related environmental finding by a 5-0-1 vote,with Commissioner Vasquez absent. Letters in Support (see Exhibit F) City of Fresno Printed on 12/15/2022Page 5 of 8 powered by Legistar™ File #:ID#14-179 Agenda Date:7/24/2014 Agenda #: California Reinvestment Coalition, letter dated April 1, 2014 United Way of Fresno County, letter dated April 3, 2014 Faith In Community, letter received on April 4, 2014 Central California Legal Services, Inc. letter dated April 21, 2014 Economic Opportunities Commission letter dated April 1, 2014 Letters in Opposition (see Exhibit G) It should be noted that the entities listed below as being in opposition do not oppose the enactment of some level of zoning oversight for payday lenders,however they do oppose various fundamental elements of the proposed text amendment as outlined below. California Financial Service Providers Association (CFSP), letter dated April 3, 2014 California Consumer Finance Association, letter dated April 4, 2014 Meeting with Payday Lending Representatives A meeting was held between industry representatives and city staff on April 30,2014 to discuss the proposed text amendment.The concerns of the industry are those enumerated in the opposition letters and described below: 1.Payday lending establishments should be allowed in additional zone districts. Staff Response:The proposed zone districts of C-C,C-4,and C-6 are considered to be adequate,as they provide ample geographic coverage of the city.The C-C and C-4 zone districts apply to the central area (downtown),and the C-6 zone district is a heavy commercial designation that fronts onto many of the city’s major commercial corridors,including Blackstone,Kings Canyon,Belmont and locations on West Shaw and Herndon Avenues.The total acreage of C-C,C-4 and C-6 zoning available according to the current Fresno Zoning Map is 2,660.95 acres. This is considered adequate. 2.Existing payday lending establishments should be allowed to expand square footage or extend hours of operation without a conditional use permit. Staff Response:This requirement applies to many other conditional uses in the city (including alcohol uses)and the purpose of inclusion of this rule in the text amendment is to ensure consistency with regulation of other conditional uses. 3.The 1,320 foot spacing requirement is excessive and should be reduced to 500 feet. Staff Response:Other cities have enacted rules ranging from outright bans of payday lending institutions to 1-mile,half-mile and quarter-mile spacing requirements,with additional spacing requirements for specific land uses (i.e.500 feet from residential uses is a common requirement).Given the proliferation of these uses in Fresno,the 1,320 foot spacing requirement (quarter mile) is appropriate. City of Fresno Printed on 12/15/2022Page 6 of 8 powered by Legistar™ File #:ID#14-179 Agenda Date:7/24/2014 Agenda #: 2025 Fresno General Plan Goals Goal 1: Enhance the quality of life for the citizens of Fresno and plan for the projected population within the moderately expanded Fresno urban boundary in a manner which will respect physical, environmental, fiscal, economic and social issues. The proposed text amendment is consistent with this goal,as it uses planning tools to address an issue which is causing negative economic impacts to local households,local business and to the city as a whole.The data in this report outline the cycle of debt that is created in local households by payday lending establishments and the corresponding reduction in funds available to support local businesses due to reduced spending power of these households. Goal 13: Plan for a healthy business and diversified employment environment,and provide adequate timely services to ensure that Fresno is competitive in the marketplace. The proposed text amendment is consistent with this goal.The data referenced in the staff report notes that the profits generated by these establishments are mostly (90%)destined for out-of-state corporate headquarters and therefore do not contribute to the local economy. This has been verified for the payday lending establishments in Fresno,which are headquartered in South Carolina,Tennessee,Texas,and Pennsylvania.In addition,the impact these establishments have on the fiscal well-being of local households does not contribute to a healthy business climate for the reasons noted above. Goal 14: Protect and improve public health and safety. For reasons noted above,the proposed text amendment is consistent with this goal,as it would limit payday lending establishments,thereby reducing the potential negative impacts to households’ fiscal and physical health. Conclusion Staff believes that the proposed text amendment is in the best interest of the City of Fresno and supports Text Amendment No.TA-14-001 as proposed in the attached Ordinance. ENVIRONMENTAL FINDINGS Pursuant to CEQA Guidelines Section 15061(b)(3), there is no possibility that this project may have a significant effect on the environment. The text amendment is designating certain zone districts in which a general financial type land use may locate. Currently this type of land use is allowed in all commercial zone districts, so the net effect of the text amendment would be allowing such uses to locate in a subset of the currently allowed zone districts. City of Fresno Printed on 12/15/2022Page 7 of 8 powered by Legistar™ File #:ID#14-179 Agenda Date:7/24/2014 Agenda #: LOCAL PREFERENCE N/A. FISCAL IMPACT Affirmative action by the Council will result in timely deliverance of the review and processing of the application as is reasonably expected by the applicant.Prudent financial management is demonstrated by the expeditious completion of this land use application inasmuch as the applicant has paid to the city a fee for the processing of this application and that fee is,in turn,funding the respective operations of the Development and Resource Management Department. Exhibits: A.City Council Resolution No. 2013-199 B.Ordinance Bill of the Council of the City of Fresno, California for Text Amendment No. TA-14-001 amending Chapter 12 of the Fresno Municipal Code, Sections 12-220.3, 12-222.3, 12 -231.3, 12-105.P, and 12-306.N.17, to Establish Zoning and Use Regulations for Payday Lending Establishments Within the City of Fresno C.Environmental Assessment No. EA-14-014 dated May 1, 2014 D:Map of Existing Payday Lending Establishments in Fresno E.Payday Lending Zoning Laws/Legislation F.Letters in Support G.Letters in Opposition H.Planning Commission Resolution No. 13284 City of Fresno Printed on 12/15/2022Page 8 of 8 powered by Legistar™ BILL NO. ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, AMENDING CHAPTER 12 OF THE FRESNO MUNICIPAL CODE, SECTIONS 12-220.3, 12-222,3, 12-231.3, 12-105.P, AND 12-306.N.17, TO ESTABLTSH ZONING AND USE REGULATIONS FOR PAYDAY LENDING ESTABLISHMENTS WITHIN THE CITY OF FRESNO WHEREAS, on November 19,2002, by Resolution No. 2002-379, the City Council adopted the 2025 Fresno General Plan and on that date, by Resolution No. 2002-378, certified Master Environmental lmpact Report ("ME|R') No. 10130 (State Clearinghouse No. 2001071097) which evaluated the potentially significant adverse environmental impacts of the General Plan's goals, objectives, and policies; and, WHEREAS, Text Amendment Application No. TA-14-001 was initiated by the Fresno City Council pursuant to Fresno Municipal Code Section 12-401-A; and WHEREAS, the Fresno City Council adopted Resolution No. 2013-199 on November 21,2013 initiating said text amendment; and WHEREAS, the Fresno County Airport Land Use Commission, at its hearing of April 7 2014, found the text amendment to be consistent with airport land use plans and recommended approval of the text amendment; and WHEREAS, pursuant to the provisions of Section 402, Arlicle 4, Chapler 12, of the Fresno Municipal Code, the Planning Commission of the City of Fresno held a hearing on the 21st day of May, 2014, to consider Text Amendment Application No. TA-14-001 and related Environmental Assessment No. TA-14-001, during which the Commission solicited testimony, considered the environmental assessment, and recommended to the Council of Date Adopted: Date Approved Effective Date: City Attorney Approval: Page I of6 Ordinance No. the City of Fresno approval of the text amendment application as evidenced in Planning Commission Resolution No. 13284; and, WHEREAS, the Council of the City of Fresno, on the 26th day of June 2014, held a public hearing and received the recommendation of the Planning Commission, considered the information in the staff report, and solicited testimony from the public on this matter. NOW, THEREFORE, THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: 1. The Council finds in accordance with its own independent judgment that there is no possibility that Text Amendment Application No. TA-14-001 would have significant effects on the environment pursuant to Section 1506'1(b) (3) of the California Environmental Quality Act Guidelines, Accordingly, the Council adopts Environmental Assessment No. TA-14-001, dated May 1, 2014. 2. The Council finds that the adoption of the proposed text amendment, as recommended by the Planning Commission, is in the best interest of the City of Fresno. 3. The Council of the City of Fresno hereby approves Text Amendment Application to amend the Fresno Municipal Code as set forth below: SECTION 1. Chapter 12-220.3.8 of the Fresno Municipal Code is amended to add a new part, to be numbered and to read as follows: [15.1. Pavdav Lendinq Establishments. subiect to FMC 12-306.N.17.1 SECTION 2. Chapter 12-222.3.8 of the Fresno Municipal Code is amended to add a new part, to be numbered and to read as follows: [29.1. Pavdav Lendinq Establishments. subiect to FMC '12-306.N.17.1 Page 2 of 6 Ordinance No. SECTION 3. Chapter 12-231.3.8 of the Fresno Municipal Code is amended to add a new part, to be numbered and to read as follows: [14.1. Pavdav Lendinq Establishments. subiectto FMC 12-306.N.17.1 SECTION 4. Chapter 12-105.P of the Fresno Municipal Code is amended to add a new part, to be numbered and to read as follows: 17.1. PAYDAY LENDING ESTABLISHMENT shall mean a business owned or SECTION 5. Chapter 12-306.N.17 of the Fresno Municipal Code is amended to read as follows: 17. IPAYDAY LENDING ESTABLISHMENTS. The |ocation and oPErAtiON Of restrictions and conditions set forth in this Section, in addition to those restrictions federal. state. or local laws. regulations, or policies. [a. Discontinuance and Termination. Anv Pavdav Lendinq Establishment whether existinq or subsequentlv the State of California under the California Deferred Deposit Transaction Law. as mav be amended. shall result in a termination of the conditional use termination of the conditional use permit, or anv other riqht of use related to Establishment instead of a revocation of riqhts qranted under a special permit.l Page 3 of6 Ordinance No. b. ZoneDistricts 1) Pavdav Lendinq Establishments approved on or after the effective date of this ordinance shall be limited to the C-4, C-6 and CC zone districts. subiect to a Conditional Use Permit and subiect to the provisions of FMC 12-405. 2) Notwithstandinq the provisions of FMC 12-405-D-2. whenever the riqhts granted bv a Conditional Use Permit for a Pavdav Lendinq Establishment are discontinued for a continuous period of ninetv (90) davs. the Conditional Use Permit shall be considered terminated. c. Conditions incorporate the following additional conditions: (1) Pavdav Lendinq Establishments shall be separated bv at least 1,320 feet (0.25 mile) as measured directlv from propertv line to propertv line from anv parcel on which an existinq Pavdav Lendinq Establishment is located or on which a conditional use permit for a Pavdav Lendinq Establishment has been approved which has not been terminated or revoked pursuant to 12-405-D or 12-405-E. (2) Pavdav Lendinq Establishments shall hold. maintain and be in the California Deferred Deposit Transaction Law, as mav be amended. (3) Payday Lending Establishments shall hold, maintain and be in compliance with a Business License issued pursuant to Section 7- 1001 through 7-1301 , as may be amended.l SECTION 6. The Department of Development and Resource Management is directed to incorporate the provisions of this ordinance into any proposed comprehensive update of the zoning ordinance. SECTION 7. This ordinance shall become effective and in full force and effect at 12:01 a.m. on the thirty-first day after its final passage. Page 4 of6 Ordinance No. STATE OF CALTFORNTA ) COUNTY OF FRESNO ) ss. crrY oF FRESNO ) l, WONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing ordinance was adopted by the Council of the City of Fresno, at a regular meeting held on the day of 2014. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval:2014 Mayor ApprovaliNo Return: Mayor Veto: Council Override Vote:2014 WONNE SPENCE, CMC City Clerk BY: Deputy APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE BY: Talia Kolluri-Barbick, Deputy Dated: TKB:cg[62964c9/ORD] 1 0/1 0/1 3 ,2014 ,2014 Page 5 of6 Ordinance No. REPORT TO THE CITY COUNCIL July 24, 2014 FROM: MIKE SANCHEZ, Planning Manager Development Services Division BY: SOPHIA PAGOULATOS, Supervising Planner Development Services Division SUBJECT ..Title BILL NO. B-30 (Intro. 6/26/2014) (For adoption) – Amending the Fresno Municipal Code to establish zoning and use regulations for payday lending (Citywide Application) – Development and Resource Management Department ..Body RECOMMENDATION The appropriateness of the proposed text amendment has been examined pursuant to Section 12- 402 of the Fresno Municipal Code (FMC), and the Director of the Development and Resource Management Department has determined that the proposed text amendment is consistent with the goals and policies in the 2025 Fresno General Plan. Upon consideration of staff evaluation, it can be concluded that proposed Text Amendment Application No. TA-14-001 is appropriate for citywide use. Therefore, staff recommends the City Council take the following actions: 1. APPROVE the environmental finding for Environmental Assessment No. TA-14-001, dated May 1, 2014, pursuant to CEQA Guidelines Section 15061(b)(3), that there is no possibility that this project may have a significant effect on the environment. 2. ADOPT Ordinance Bill approving Text Amendment Application No. TA-14-001, amending Sections 12-220.3, 12-222.3, 12-231.5, 12-105.P, and 12-306.N.17 of the Fresno Municipal Code to establish regulations for payday lenders in the City of Fresno. EXECUTIVE SUMMARY Text Amendment No. TA-14-001 was initiated by City Council Resolution No. 2013-199 on November 21, 2013 (see Exhibit A). The text amendment proposes to amend Sections 12-220.3, 12-222.3, 12-231.5, 12-105.P, and 12-306.N.17 of the Fresno Municipal Code (FMC) to establish a definition for payday lenders and limit the location of new payday lenders to the C-C (Civic Center), C-4 (Central Trading), and C-6 (Heavy Commercial) zone districts as a conditional use. In addition, new establishments would be prohibited from locating within 1,320 feet (0.25 mile) from an existing payday lending establishment. Existing payday lenders could continue current operations but would be required to obtain a conditional use permit for any expansion of use. In addition, whenever the rights granted by a conditional use permit for a payday lending establishment are discontinued for a continuous period of ninety (90) days, the conditional use permit would be considered terminated. Staff supports the proposed text amendment (see Exhibit B for proposed ordinance bill containing text amendment). PROJECT INFORMATION PROJECT Text Amendment No. TA-14-001 was initiated by City Council Resolution No. 2013-199 on November 21, 2013 (see Exhibit A) and proposes to amend various sections of the FMC to establish zoning regulations for payday lending establishments in the City of Fresno. APPLICANT City of Fresno – Development and Resource Management Department LOCATION Citywide ENVIRONMENTAL FINDING A finding that there is no possibility that this project may have a significant effect on the environment was made for Environmental Assessment No. TA-14-001, dated May 1, 2014, pursuant to CEQA Guidelines section 15061(b)(3). See Exhibit C for environmental finding. PLAN COMMITTEE RECOMMENDATION All active Council District Plan Implementation Committees recommended approval of the text amendment. For details, see page 5 of this staff report. PLANNING COMMISSION On May 21, 2014, the Planning Commission recommended that the City Council: (1) adopt environmental finding, dated May 1, 2014; (2) approve Text Amendment No. TA-14-001 as presented STAFF RECOMMENDATION Approve the proposed text amendment and adopt the related environmental finding BACKGROUND The zoning ordinance of the FMC does not currently regulate payday lending establishments as a specific use. Currently, these types of businesses are considered banks or financial institutions and are allowed by right in most commercial zone districts (C-1 through C-6) and as a conditional use in the C-L zone district. The proposed ordinance would define “payday lending establishments” as a new land use as follows: A business owned or operated by a “licensee” as defined by California Financial Code Section 23001(d), as may be amended, that offers, originates, or makes deferred deposit transactions in which the lender defers depositing a customer’s personal check or electronically accessing a bank account until a specific date for a fee or other charge. As proposed in the text amendment, new payday lending establishments would be allowed in the C-C (Civic Center), C-4 (Central Trading), and C-6 (Heavy Commercial) zone districts as a conditional use and would be prohibited from locating within 1,320 feet (0.25 mile) from an existing payday lending establishment. Existing payday lenders could continue current operations but would be required to obtain a conditional use permit for any expansion of use. In addition, whenever the rights granted by a conditional use permit for a payday lending establishment are discontinued for a continuous period of ninety (90) days, the conditional use permit would be considered terminated. As of December 31, 2012, there were 66 sites (see map in Exhibit D) in the City of Fresno licensed by the California Department of Business Oversight to conduct deferred deposit transactions (commonly known as “payday lenders”). Payday Lenders and Consumers California law permits deferred deposit transactions (DDT), in which the lender defers depositing a customer’s personal check or electronically accessing a bank account until a specific date, for a fee or other charge. Such charges are not “interest,” and may legally amount to the equivalent of a 459% annual percentage rate.1 The State of California, through the Department of Business Oversight, licenses payday lenders pursuant to California Financial Code § 23000, et seq. Each license is granted for a specific site; however the Department of Business Oversight does not alert the City of Fresno when it receives an application for a new license under the deferred deposit transaction law with a Fresno address. Nationally, the consumers who borrow from payday lenders are 52% women, and 55% white; 42% own their homes; 85% do not have a four-year college degree; 72% have a household 1 California is one of several states allowing lenders to charge triple-digit interest rates for loans secured by access to the borrower’s account (by check or electronically). Payday lenders may charge $15 for a bounced check; they are not permitted to take any criminal action against the borrower, but it is common for them to repeatedly resubmit NSF checks, imposing an additional fee for each time the bank rejects the check on top of the bank’s own bounced-check fee. income of less than $40,000; 52 % are between 25 and 44 years old.2 Commonly, the consumer cannot repay the loan in the short time allowed, and obtains another loan to repay the first loan—incurring another round of fees without reducing the principal. The Department of Corporations has found that repeat borrowers make up 73% of payday borrowers statewide.3 The high fees and short-term lump-sum payment trap puts borrowers in a lengthy cycle of debt. Economic Impact on City of Fresno Between April 1, 2011 and March 31, 2012, payday lenders in the City of Fresno generated gross receipts of $19.7 million, and paid $29,467 in business taxes to the City. Over the 12- month period ending March 31, 2013, they reported gross receipts of $17.8 million, and paid $22,603 in City business taxes. Payday loan fees (by law as high as 459%) funnel dollars out of consumers’ pockets—dollars they cannot then re-inject into the local economy; meanwhile, payday lenders’ local employees contribute by spending their earnings locally. But Fresno does not reap an economic boost from these businesses’ profits: profits from almost 90% of payday lending stores in Fresno are siphoned to corporations outside of Fresno. Several studies have drawn conflicting conclusions about the economic impact of this industry. One study, commissioned by the DDT industry, analyzed only the beneficial impact of the industry as an employer (employees’ income infused into the economy); other studies have also taken into account borrowers’ reduced spending power, and have estimated a net economic loss per establishment in California of $54,569 in 2011.4 Using the most recent study (Lohrentz, March 2013), a net economic loss to the City of Fresno of at least $3.6 million can be estimated. However the $3.6 million figure almost certainly understates actual loss to our local economy: • It does not take into account the fact that a larger proportion of Fresno residents are likely to use DDT services, because Fresno has higher rates of unemployment and relative poverty than the rest of the state; • It does not take into account that almost 90% of the DDT lenders in Fresno are corporations in other parts of the state and country, so that these lenders’ profits end up reinvested outside of the Fresno economy. The local businesses most likely to feel the impacts of families’ reduced spending are health care providers, insurers and consumer trade.5 Consumers’ loss of spending power to purchase these services reduces these businesses’ incomes. As importantly, it also creates 2 Pew Charitable Trusts, Safe Small-Dollar Loans Research Project, “ Payday Lending in America: Who Borrows, Where They Borrow, and Why,” (available at wwwpewtrusts.org/small-loans), p. 8. 3 See, California Budget Project, “Recent Reports on Payday Lending in California Should Be Used with Caution,” May 1, 2008, p. 15. 4 See, e.g., Lohrentz, “The Net Economic Impact of Payday Lending in the U.S.,” Insight Center for Community Economic Development, March 2013 (hereafter, “Lohrentz”); pp. 3-4, Figures 2 and 3 (Value Added to Economy). 5 See Lohrentz, p. 8, Figure 5, “Sub-sectors Most Negatively Affected by Payday Lending in the U.S. in 2011.” real risks to the health and welfare of the entire community. For example, deferred health care results in public health risks from communicable diseases and public spending for increased emergency room visits, and drivers unable to pay for auto insurance transfer to the public the costs of automobile accidents. Other Jurisdictions’ Regulations It is possible for local jurisdictions to regulate payday lending establishments through land use regulations and zoning, as has been done by an increasing number of cities in the state and nationwide. Specific measures instituted by California communities have included one or more of the following land use related requirements: • Distance or separation requirements (anywhere from 300 feet to half mile) between payday lending/check cashing businesses to prevent overconcentration in specific areas; • Distance requirements separating the businesses from residential areas and/or other sensitive or specified uses (i.e., schools or liquor stores); • A numerical cap on the total number of such businesses within the jurisdiction; • Limitation to certain zoning districts; • Requirement to obtain a conditional use or special use permit; • Lighting and/or security requirements; • Graffiti clean-up requirements. A summary of payday lending zoning laws in cities across the country is included in Exhibit E. PUBLIC NOTICE AND INPUT In accordance with Fresno Municipal Code Section 12-402-B, a notice of public hearing was published in the Fresno Bee on April 25, 2014, ten days prior to the Planning Commission hearing, and again on June 13, 2014, ten days prior to the June 26, 2014 City Council hearing. The input received is summarized below: Council District Implementation Committees All active Council District Implementation Committees recommended approval of the text amendment. The District 2 and District 5 Committees recommended half- mile spacing between establishments (as compared to the quarter- mile currently included in the text amendment) with District 2 further recommending 500-foot spacing between the establishments and churches or schools. The District 3 Committee recommended approval with no further recommendations. The District 4 Committee recommended more security at existing establishments. The District 6 Committee recommended that auto title loans be included in the text amendment. Airport Land Use Commission The Airport Land Use Commission reviewed the text amendment on April 7, 2014 and found it consistent with the airport land use plans within the City of Fresno. Planning Commission The Planning Commission considered the text amendment at its regularly scheduled meeting of May 21, 2014. The correspondence noted below was received prior to the Planning Commission meeting and included in the staff report. At the hearing, six people spoke in support of the text amendment and nine spoke in opposition. Those that spoke in favor represented the California Reinvestment Coalition, United Way of Fresno, Faith in Community, Central California Legal Services, Inc., Economic Opportunities Commission and The Well church. Those that spoke in opposition were essentially advocates for the payday lending industry or their employees, with the exception of one citizen/customer. The Planning Commission unanimously recommended approval of Text Amendment TA-14- 001 and the related environmental finding by a 5-0-1 vote, with Commissioner Vasquez absent. Letters in Support (see Exhibit F) California Reinvestment Coalition, letter dated April 1, 2014 United Way of Fresno County, letter dated April 3, 2014 Faith In Community, letter received on April 4, 2014 Central California Legal Services, Inc. letter dated April 21, 2014 Economic Opportunities Commission letter dated April 1, 2014 Letters in Opposition (see Exhibit G) It should be noted that the entities listed below as being in opposition do not oppose the enactment of some level of zoning oversight for payday lenders, however they do oppose various fundamental elements of the proposed text amendment as outlined below. California Financial Service Providers Association (CFSP), letter dated April 3, 2014 California Consumer Finance Association, letter dated April 4, 2014 Meeting with Payday Lending Representatives A meeting was held between industry representatives and city staff on April 30, 2014 to discuss the proposed text amendment. The concerns of the industry are those enumerated in the opposition letters and described below: 1. Payday lending establishments should be allowed in additional zone districts. Staff Response: The proposed zone districts of C-C, C-4, and C-6 are considered to be adequate, as they provide ample geographic coverage of the city. The C-C and C-4 zone districts apply to the central area (downtown), and the C-6 zone district is a heavy commercial designation that fronts onto many of the city’s major commercial corridors, including Blackstone, Kings Canyon, Belmont and locations on West Shaw and Herndon Avenues. The total acreage of C-C, C-4 and C-6 zoning available according to the current Fresno Zoning Map is 2,660.95 acres. This is considered adequate. 2. Existing payday lending establishments should be allowed to expand square footage or extend hours of operation without a conditional use permit. Staff Response: This requirement applies to many other conditional uses in the city (including alcohol uses) and the purpose of inclusion of this rule in the text amendment is to ensure consistency with regulation of other conditional uses. 3. The 1,320 foot spacing requirement is excessive and should be reduced to 500 feet. Staff Response: Other cities have enacted rules ranging from outright bans of payday lending institutions to 1-mile, half-mile and quarter-mile spacing requirements, with additional spacing requirements for specific land uses (i.e. 500 feet from residential uses is a common requirement). Given the proliferation of these uses in Fresno, the 1,320 foot spacing requirement (quarter mile) is appropriate. 2025 Fresno General Plan Goals Goal 1: Enhance the quality of life for the citizens of Fresno and plan for the projected population within the moderately expanded Fresno urban boundary in a manner which will respect physical, environmental, fiscal, economic and social issues. The proposed text amendment is consistent with this goal, as it uses planning tools to address an issue which is causing negative economic impacts to local households, local business and to the city as a whole. The data in this report outline the cycle of debt that is created in local households by payday lending establishments and the corresponding reduction in funds available to support local businesses due to reduced spending power of these households. Goal 13: Plan for a healthy business and diversified employment environment, and provide adequate timely services to ensure that Fresno is competitive in the marketplace. The proposed text amendment is consistent with this goal. The data referenced in the staff report notes that the profits generated by these establishments are mostly (90%) destined for out-of-state corporate headquarters and therefore do not contribute to the local economy. This has been verified for the payday lending establishments in Fresno, which are headquartered in South Carolina, Tennessee, Texas, and Pennsylvania. In addition, the impact these establishments have on the fiscal well-being of local households does not contribute to a healthy business climate for the reasons noted above. Goal 14: Protect and improve public health and safety. For reasons noted above, the proposed text amendment is consistent with this goal, as it would limit payday lending establishments, thereby reducing the potential negative impacts to households’ fiscal and physical health. Conclusion Staff believes that the proposed text amendment is in the best interest of the City of Fresno and supports Text Amendment No. TA-14-001 as proposed in the attached Ordinance. ENVIRONMENTAL FINDINGS Pursuant to CEQA Guidelines Section 15061(b)(3), there is no possibility that this project may have a significant effect on the environment. The text amendment is designating certain zone districts in which a general financial type land use may locate. Currently this type of land use is allowed in all commercial zone districts, so the net effect of the text amendment would be allowing such uses to locate in a subset of the currently allowed zone districts. LOCAL PREFERENCE N/A. FISCAL IMPACT Affirmative action by the Council will result in timely deliverance of the review and processing of the application as is reasonably expected by the applicant. Prudent financial management is demonstrated by the expeditious completion of this land use application inasmuch as the applicant has paid to the city a fee for the processing of this application and that fee is, in turn, funding the respective operations of the Development and Resource Management Department. Exhibits: A. City Council Resolution No. 2013-199 B. Ordinance Bill of the Council of the City of Fresno, California for Text Amendment No. TA-14-001 amending Chapter 12 of the Fresno Municipal Code, Sections 12-220.3, 12-222.3, 12-231.3, 12-105.P, and 12-306.N.17, to Establish Zoning and Use Regulations for Payday Lending Establishments Within the City of Fresno C. Environmental Assessment No. EA-14-014 dated May 1, 2014 D: Map of Existing Payday Lending Establishments in Fresno E. Payday Lending Zoning Laws/Legislation F. Letters in Support G. Letters in Opposition H. Planning Commission Resolution No. 13284 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID#14-107 Agenda Date:7/24/2014 Agenda #: REPORT TO THE CITY COUNCIL July 24, 2014 FROM:SCOTT L. MOZIER, PE, Director Public Works Department BY:SCOTT KRAUTER, PE, Assistant Director Public Works Department, Street Maintenance Division SUBJECT HEARING to consider the proposed Annual Assessment for the City of Fresno Landscaping and Lighting Maintenance District No. 1 (Citywide) 1.RESOLUTION confirming the diagram and assessment and levy of annual assessment, 2014- 2015, for Landscaping and Lighting District No. 1 RECOMMENDATIONS Staff recommends the City Council: 1.Adopt a resolution confirming the diagram and assessment. 2.Levy and collect the annual assessments for Landscaping and Lighting Maintenance District No. 1. EXECUTIVE SUMMARY The Landscaping and Lighting Maintenance Act of 1972 requires an annual hearing and levy of assessments for the City of Fresno Landscaping and Lighting Maintenance District No.1 (LLMD). Due to the limitations created by the passage of Proposition 218,the assessment collected ($703,000)does not fully capture the cost of maintaining the landscaped easements along the streets within the District at this time.As was the case in Fiscal Year 2014,it is anticipated that the City will need to utilize Community Sanitation funds to augment the cost of ongoing maintenance. Today’s hearing is to allow opportunity for public comment about the LLMD and for the Council’s approval of the annual assessment. BACKGROUND On March 22,1983,the City Council adopted Resolution No.83-93 ordering the formation of Assessment District No.89 (District),subsequently renamed LLMD.The District was formed to recover the City's costs of maintaining the landscaping within public rights-of-way and easements City of Fresno Printed on 12/15/2022Page 1 of 3 powered by Legistar™ File #:ID#14-107 Agenda Date:7/24/2014 Agenda #: recover the City's costs of maintaining the landscaping within public rights-of-way and easements adjacent to certain existing subdivisions.The District is now comprised of 145 subdivisions with 14,870 individual assessments. The landscaping improvements are maintained by Public Works Department from funds derived through the assessments levied by the District.These assessments will partially fund the cost of landscaping over the next year.The maintenance rate has remained unchanged since 1997 due to the constraints placed by California Proposition No.218.The assessments do not cover the costs to maintain any street medians,frontage road islands,utility easements,trails,bike paths,and green ways. On June 6,2014,the Engineer's Report was filed in the City Clerk's Office and has been available for public review.On June 19,2014,the City Council adopted Resolution No.2014-93 indicating its intention to levy and collect the annual assessments for properties within the District,and set today’s public hearing. The purpose of today's hearing is to allow all property owners affected by the District an opportunity to give public testimony regarding their assessments and for the Council to adopt the Resolution Approving the Engineer's Report and Levying Annual Assessments.At this time,we have received no letters of protest from District property owners. Today’s public hearing has been duly noticed and the attached Resolution has been reviewed and approved as to form by the City Attorney's Office. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act Guidelines Section 15378 this hearing does not qualify as a “project”and is therefore exempt from the California Environmental Quality Act requirements. LOCAL PREFERENCE Local preference was not considered because this hearing does not include a bid or award of a construction or services contract. FISCAL IMPACT Adoption of the recommended resolution will levy assessments totaling $703,000 that will be used to partially fund the cost of maintaining the District’s landscaped areas.In FY14 the Public Works Department used $28,400 in Community Sanitation funds to maintain a minimum two to three month service level in LLMD landscape area.It is anticipated that Community Sanitation funds will again be needed in FY2015 to maintain a minimum service levels. In the event the City Council elects not to confirm the assessments for FY 2015,the maintenance effort could be funded using General Fund,gas tax,Measure C/flexible,Community Sanitation Funds, or a combination thereof. The Council could also choose to terminate the service. City of Fresno Printed on 12/15/2022Page 2 of 3 powered by Legistar™ File #:ID#14-107 Agenda Date:7/24/2014 Agenda #: Attachments: Vicinity Map Resolution City of Fresno Printed on 12/15/2022Page 3 of 3 powered by Legistar™ 4213 2770 4117 39944148 4138 3884 4432 4362 4285 4031 4190 4343 4191 3638 4008 3067 40713710 4104 3966 3439 4173 3542 3729 3656 3983 4631 4421 4534 4377 4142 4090 3364 46644573 4380 3261 4510 4125 4034 4356 4127 4537 41123802 4645 3818 3594 4026 3781 4405 4255 4385 3274 3834 3976 4057 4594 4345 4717 4208 4603 3797 4212 4282 3129 4237 3679 4224 9131 4606 3792 3811 4675 4707 3913 4639 3150 4145 3748 4581 3876 3590 4564 4339 3684 4381 4439 3815 4056 4186 4401 3970 3888 4473 3903 3943 3905 4217 3999 4350 3772 4687 4461 4323 3770 4488 8130 3817 44714482 3151 4045 4312 4209 4223 3220 4079 4155 4337 9225 9128 9031·|}þ99 ·|}þ41 ·|}þ180 ·|}þ168·|}þ41 ·|}þ168 SHAW AVE FIRST STMCKINLEY AVE PALM AVENORTH AVE BULLARD AVE CHESTNUT AVEWILLOW AVECLOVIS AVEPEACH AVENEES AVE BELMONT AVE BLACKSTONE AVEPOLK AVEELM AVEBLYTHE AVEJENSEN AVE SHIELDS AVE KINGS CANYON RD FOWLER AVEWEST AVECALIFORNIA AVE MARKS AVEW EBE R AVE ASHLAN AVEVAN NESS BLVDBUTLER AVE CENTRAL AVE COPPER AVE GOLDEN STATE BLV D CEDAR AVEWALNUT AVEFRESNO STH ST VENTURA STBRAWLEY AVEVAN NESS AVEAIRWAYS BLVD KEARN E Y B LVDB ST HUNTINGTON BLVD ASHLAN AVE W EBER AVE FOWLER AVEWEST AVESHIELDS AVE VAN NESS BLVDMARKS AVEMARKS AVECEDAR AVEOLIVE AVEFRESNO STMAPLE AVETULARE ST G STHAYES AVESIERRA AVE BRAWLEY AVEM ST H STMAROA AVEBRYAN AVEBUTLER AVE NIELSEN AVE P ST EAST AVEWILLOW AVECHERRY AVEFRUIT AVEARMSTRONG AVEORANGE AVEKEARNEY BLVD FIG AVEBROADWAYCLINTON AVEHUGHES AVELANE AVECHESTNUT AVEVENTURA STAL L U V IAL AVE CALIFORNIA AVE O STABBY STALICAN T E D R CLINTON W A Y SAN PABLO AVETEILMAN AVEVALENTINE AVECHURCH AVE DAKOTA AVEGATES AVEMARKS AVEBARSTOW AVE HUGHES AVEARMSTRONG AVEALLUVIAL AVE CLINTON AVE MAPLE AVEWILLOW AVEClovis K:\A_AD MIN\CFD-LLMD District Admin\LLMD\Annual Assessment Reports\13_14 Reports and Council Actions\2014Maps\fy14-15 Vicinity Map.mxd É Legend LLMD Tracts Council Districts District 1 District 2 District 3 District 4 District 5 District 6 District 7 EXHIBIT A - VICINITY MAPLandscaping and LightingMaintenance District No. 1 Note : Detailed LLMD Tract bou ndarie s are available on the City's iView system for more detail. 1 of 3 Date Adopted: Date Approved: Effective Date: City Attorney Approval: ______ Resolution No. RESOLUTION NO. 2014- A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, CONFIRMING DIAGRAM AND ASSESSMENT AND LEVY OF ANNUAL ASSESSMENT, 2014-2015, FOR LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 WHEREAS, pursuant to Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972 (the “Act”), the Council of the City of Fresno ("Council") adopted a Resolution of Intention to Levy and Collect the Annual Assessment for Landscaping and Lighting Maintenance District No. 1 ("Resolution of Intention"); and WHEREAS,the boundaries of City of Fresno Landscaping and Lighting Maintenance District No. 1 ("LLMD No. 1"), are set forth in the Engineer's Report, dated June 6, 2014, on file with the City Clerk (“Engineer’s Report”); and WHEREAS, the Council approved the Engineer’s Report by adopting the Resolution Initiating Proceedings for the Annual Assessment; and WHEREAS, the territory within LLMD No. 1 will benefit from the maintenance and service of the improvements described in the Engineer's Report; and WHEREAS, in the Resolution of Intention, the Council declared its intention to levy and collect the annual assessment for maintaining and operating the landscaping facilities in City of Fresno Landscaping and Lighting Maintenance District No. 1 ("LLMD No. 1"); and 2 of 3 WHEREAS, On July 24, 2014, the Council held a hearing on the annual levy of assessment, in accordance with the law, and all persons desiring to speak were heard; and WHEREAS,all interested persons had an opportunity before Council concluded the hearing, to file a written protest against the annual assessment levy with the City Clerk. NOW, THEREFORE, BE IT RESOLVED AND DETERMINED by the Council of the City of Fresno, that: 1. A majority protest has not been filed against the levy of the annual assessment. 2. The assessment diagram in the Engineer's Report that shows the boundaries of the assessment district that is referred to in the Resolution of Intention, and the subdivisions of land within LLMD No. 1, is finally approved and confirmed as the diagram of the properties to be assessed to pay the costs of the improvements and maintenance. 3. The total and the individual assessments set forth in the Engineer’s Report and the Resolution of Intention, upon the subdivisions of land within LLMD No. 1, are finally approved and confirmed as the assessment for the fiscal year 2014-2015. 4. The adoption of this resolution shall constitute the levy of the assessment for the fiscal year 2014-2015 that are described in the Resolution of Intention and the Engineer's Report. 3 of 3 5. The City Clerk shall file the diagram and assessment, as confirmed, or a certified copy thereof, with the Auditor of the County of Fresno immediately after adoption and not later than Friday, August 2, 2014. STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, YVONNE SPENCE, CMC, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of , 2014. AYES: NOES: ABSENT: ABSTAIN: Mayor Approval: __________________________________, 2014 Mayor Approval/ No Return: _________________________, 2014 Mayor Veto: _____________________________________, 2014 Council Override Vote: ____________________________, 2014 YVONNE SPENCE, CMC City Clerk By:_________________________ Deputy APPROVED AS TO FORM: CITY ATTORNEY”S OFFICE By: _________________________ Raj Singh Badhesha, Deputy