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HomeMy WebLinkAbout05-15-2014 Council AgendaCity Council Agenda REVISED AGENDA (Revision made to 1B) Council President n Steve Brandau -< =D ;0 Councilmembers --r_ M [�n--"" Clinton J. Olgner h C7 Oliver L. Baines Ill —Acting President Lee Brand Sal Quintero 171 Paul Caprioglio Blong Xiong:', = C m za City Manager City Clerk ity f''tt�Xay 0 Bruce Rudd Yvonne Spence, CMC Eagfas T., Sloan The meeting room is accessible to the physically disabled. If you require special assistance to participafe in the meeting, notify the Office of the City Clerk at 559-621-7650 at least three business days prior to the meeting. Please keep the doorways, aisles and wheelchair seating areas open and accessible. If you need assistance with seating because of a disability, contact Security. The City Council welcomes your to the Council Chambers, located in City Hail, 2id Floor, 2600 Fresno Street, Fresno CA 93721. May 15, 2014 FISCAL YEAR 2014-2015 BUDGET HEARINGS— TO BE HELD IN THE COUNCIL CHAMBERS (SUBJECT TO CHANGE) Please Note: Department budgets will generally be considered as listed below starting with the initial public hearing and continuing until council adopts the budget. Members of the public will be allowed to address the Council regarding the budget and will be allowed two (2) minutes. Please be advised consideration of some departments may be continued to the next scheduled hearing date if discussions run long, and other departments may be considered in advance of the date and time listed. May 22- 9:30 A.M. Mayor -Budget Presentation June 5- 1:00 P.M. General Fund Overview; BMSD, City Attorney, City Clerk, FAX, Information Services June 9- 9:00 A.M. FYI, Convention Center, General City Purpose, PARCS, Police June 10- 9:00 A.M. Finance, Personnel, Fire, Public Works, City Council June 11- 9:00 A.M. Public Utilities, DARK CDBG, HOME, NSP, ESG, Mayor/City Managees Office June 12- 8:30 A.M. Council Meeting- Final Motions made June 16- 9:00 A.M. Budget Overflow; Council vote on motions June 19- 1:30 P.M. Council Meeting - Council vote on Budget Documents June 30- Balance Budget Required by Charter 1:30 P.M. ROLL CALL Invocation by Minister Matt Phillips of the Woodward Park Church of Christ Pledge of Allegiance to the Flag May 15, 2014 *SUBJECT TO MAYOR'S VETO OR RECONSIDERATION Page 1 AND MAY BE AMENDED AT ANYTIME Ceremonial Presentations: Proclamation of American Lung Association's NATIONAL WOMEN'S LUNG HEALTH WEEK" — Council President Brandau Proclamation of "FUGMAN ELEMENTARY DAY" — Councilmember Brand Proclamation of "RESERVE POLICE OFFICER JOE L. INFAUSTO DAY"— Acting President Baines Proclamation of "INCREASING EXPORT OPPORTUNITIES IN PARTNERSHIP WITH THE CENTER FOR INTERNATIONAL TRADE DEVELOPMENT DAY"— Council President Brandau Proclamation of "MARITIME DAY"— Mayor's Office 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 rior 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. Approve Joint Meeting minutes with the City of Clovis of April 29, 2014 Action Taken: Approve Council minutes of May 1, 2014 Action Taken: Councilmember Reports and Comments Action Taken: Approve Agenda Action Taken: May 15, 2014 *SUBJECT TO MAYOR'S VETO OR RECONSIDERATION Page 2 AND MAY BE AMENDED AT ANYTIME Adopt Consent Calendar Action Taken: 1. ICONSENT CALENDA 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. A. * RESOLUTION - 44th amendment to the Annual Appropriation Resolution (AAR) No. 2013-98 appropriating $27,000 of Older Americans Act Title III C1 grant funds from the Fresno Madera -Area Agency on Aging (FMAAA) for the Senior Hot Meals (SHM) program (Requires 5 affirmative votes) — PARCS Action Taken: B. Award a contract in the amount of $245,865 to Zim Industries to furnish and install 16-inch liner and gravel pack to rehabilitate the potable water well at Pump Station 17, located at 761 E. Cornell Avenue - Bid File 3300 (Council District 1) - Department of Public Utilities Action Taken: 1. Adopt finding of a Categorical Exemption per staff determination, pursuant to Section 15301 of the CEQA Guidelines Action Taken: C. Approve the partial acquisition of 0.85 acres of a parcel of property in the amount of $92,800, owned by Rancho Amboy, a limited partnership, for the construction of Veterans Boulevard overcrossing near Golden State and Bullard Avenue (Council District 2) - Public Works Department Action Taken: D. * RESOLUTION - 45th amendment to the Annual Appropriation Resolution (AAR) No. 2013- 98 appropriating $200,000 from the Systems Replacement Fund to replace hardware that is past its end of service life (EOSL) (Requires 5 affirmative votes) — Information Services Department Action Taken: E. Actions pertaining to a grant award for $117,566 from the State Homeland Security Grant Program, through the County of Fresno - Fire Department 1. RESOLUTION - Authorizing the application for and acceptance of Fiscal Year13 Cycle U.S. Department of Homeland Security/Office of Domestic Preparedness "State Homeland Security Grant Program" funding, through the County of Fresno Action Taken: 2. * RESOLUTION - 43rd amendment to the Annual Appropriation Resolution (AAR) No. 2013-98 appropriating $18,200 from the State Homeland Security Grant Program to the Fire Department to provide equipment and support of the community emergency response team (Requires 5 affirmative votes) Action Taken: May 15, 2014 *SUBJECT TO MAYOR'S VETO OR RECONSIDERATION Page 3 AND MAY BE AMENDED AT ANYTIME ;CONSENT CALENDAR G_NTiNUED� F. BILL - (For introduction) - Annual amendment to Subsection (a) of Sections 7-504 and 7- 505 of the Fresno Municipal Code relating to local Sales and Use Taxes, pursuant to the Memorandum of Understanding with Fresno County (MOU) — Finance Department Action Taken: ;CONTESTED CONSENT CALENDAR: 2. IGENERAL ADMINISTRATION A. Actions pertaining to IUOE, Stationary Engineers Local 39 — Personnel Services Department 1. * Adopt a Successor MOU between the City of Fresno and IUOE, Stationary Engineers, Local 39 (non -supervisory blue collar employees— Unit 1) Action Taken: 2. * Adopt a Side Letter of Agreement between the City of Fresno and IUOE, Stationary Engineers, Local 39 (Non -supervisory blue collar employees — Unit 1) on pensions for new employees Action Taken: B. Submission and acceptance of City of Fresno Comprehensive Annual Financial Report (CAFR) and Single Audit for Fiscal Year 2013 — Finance Department Action Taken: C. RESOLUTION - Reallocating $700,000 from the Property/Liability self-insurance contingency account to the refunds and claims account and outside legal services account — Personnel Services Department Action Taken: D. RESOLUTION — To submit grant applications far up to S1,250,000 to the State of California Department of Transportation Active Transportation Program (ATP), and authorizing the execution of documents by the City Manager, Public Works Director, or designees — Public Works Department Action Taken: E. Actions pertaining to an award of a construction contract to California Building Evaluation & Construction, Inc. of Buena Park, California in the amount of $736,360 for the emergency generator upgrade at Fresno City Hall (bid file No. 3227) (Council District 3) — Public Works Department 1. Adopt finding of a Categorical Exemption per staff determination, pursuant to Section 15301(c) of the CEQA Guidelines Action Taken: 2. Award a construction contract with California Building Evaluation & Construction, Inc. of Buena Park, California in the amount of $736,360 for the emergency generator upgrade at Fresno City Hall Action Taken: May 15, 2014 *SUBJECT TO MAYOR'S VETO OR RECONSIDERATION Page 4 AND MAY BE AMENDED AT ANYTIME 2. GENERAL ADMINISTRA—' )N CONTINUED. F. Approve the acquisition of 19.66 acres of property in the amount of $3,855,500, owned by Rancho Rivington, a limited partnership, for the construction of Veterans Boulevard overcrossing near Golden State and Bullard Avenue (Council District 2) - Public Works Department Action Taken: G. Actions pertaining to the First Street traffic synchronization project from Nees Avenue to Ventura Street rebid (bid file 3321) (Council Districts 3, 4, 5, 6, and 7) — Public Works Department 1. Adopt finding of a Categorical Exemption per staff determination, pursuant to Section 15301(c) of the CEQA Guidelines, for the First Street traffic synchronization project from Nees Avenue to Ventura Street Action Taken: 2. Award a construction contract with Kertel Communications Inc., dba Sebastian of Fresno in the amount of $1,197,058 for the base bid and all add alternates for the First Street traffic synchronization project from Nees Avenue to Ventura Street Action Taken: H. Actions pertaining to the Fresno/Clovis Regional Wastewater Reclamation Facility Headworks Building coating repair and stop plate installation -- (Council District 3) - ❑epartment of Public Utilities 1. RESOLUTION — 46th amendment to the Annual Appropriation Resolution (AAR) No. 2013-98 appropriating $4,458,000 for the Fresno/Clovis Regional Wastewater Reclamation Facility Headworks Building coating repair and stop plate installation (Requires 5 affirmative votes) Action Taken: 2. Adopt a finding of Class 1 Categorical Exemption, pursuant to Section 15301 (b) and (d) of the California Environmental Quality Act Guidelines Action Taken: 3. Award a $6,367,960 contract as negotiated to Floyd Johnston Construction Company of Clovis, California for the design and construction thereof (bid file 3201) Action Taken: I. Approve application for and acceptance of Fiscal Year 2013 Staffing for Adequate Fire and Emergency Response (SAFER) grant award for $2,587,200 through the U.S. Department of Homeland Security - Fire Department Action Taken: 1. RESOLUTION - Authorizing the application for and acceptance of Fiscal Year 2013 Cycle Staffing for Adequate Fire and Emergency Response (SAFER) funding issued by the U.S. Department of Homeland Security Grant Program and authorizing completion of all required documents Action Taken: 2. * RESOLUTION - 35th amendment to the Annual Appropriation Resolution (AAR) No. 2013-98 appropriating $227,200 from the SAFER Grant Program to the Fire Department for funding shift replacement in Fiscal Year 2014 (Requires 5 affirmative votes) Action Taken: May 15, 2014 *SUBJECT TO MAYOR'S VETO OR RECONSIDERATION Page 5 AND MAY BE AMENDED AT ANYTIME 2. GENERAL ADMINISTRA")N CONTINUE❑ J. Actions pertaining to the acquisition of CVP Unreleased Restoration Flows and transfer of said Unreleased Restoration Flows to the Orange Cove Irrigation District to assist in mitigation of severe drought conditions — Department of Public Utilities 1. Adopt findings that the proposed agreements are not a "project" within the meaning of Public Resources Code Section 21803 (CEQA Guidelines section 15378), that the proposed agreements also statutorily exempt from CEQA under Public Resources Code Section 21080(b)(4) due to the proclamation of a qualifying state of emergency related to a drought, and NEPA compliance is complete based upon the United States Bureau of Reclamation's adopted "finding of no significant impact" covering the Recirculation of Recaptured Water for Water Year 2014-2017 San Joaquin Restoration Flows, "finding of no significant impact" covering the Accelerated Water Transfer Program for Friant Division and Cross Valley Central Valley Project Contractors, 2011-2015, and "finding of no significant impact" covering the Increase in Quantity for the Friant Division and Cross Valley Accelerated Water Transfer Program, 2011-2015 Action Taken: 2. RESOLUTION - Authorizing the Department of Public Utilities to execute the "Agreement between the United States Bureau of Reclamation and the City of Fresno for delivery of banked unreleased restoration flows, and execute the "Agreement for Transfer and Exchange of Water" between the Orange Cove Irrigation District and the City of Fresno in substantially the form attached Action Taken: 3. ICITY COUNCI A. Council Boards and Commissions Communications, Reports, Assignments and/or Appointments, Reappointments, Removals to/from City and non -City Boards and Commissions: 1. Council of Governments — Swearengin-Ex-Officio (Olivier -Alternate) 2. Financial Audit Committee — Brand, Olivier, Xiong 3. Fresno Area Workforce Investment Corporation - Baines 4. Fresno County Transportation Authority (FCTA) - Swearengin, Brandau 5. Fresno Regional Workforce Investment Board — Baines, Renena Smith 6. Fresno County Zoo Authority — Swearengin (Baines -Alternate) 7. Fresno Madera Area Agency on Aging Board - Olivier 8. Joint Powers Financing Authority — Baines, Xiong, Swearengin 9. Leadership Council on Ending Homelessness - Swearengin, Baines 10. San Joaquin River Conservancy Board - Swearengin (Brandau-Alternate) 11. Association for the Beautification of Highway 99 - Baines 12. Upper Kings Basin Integrated Regional Water Management JPA— Xiong 13. Pension Reform Task Force — Brand, Xiong, (3rd Member vacant) 14. Economic Development Corporation Serving Fresno County — Brandau-Ex-Officio 15. Fresno/Clovis Convention & Visitors Bureau (CVB) — Amy Fuentes 16. League of California Cities (Annual Meeting) — Swearengin (Olivier -Alternate) 17. San Joaquin Valley Air Pollution Control District - Baines 18. Infill Development Ad Hoc Subcommittee - Brand, Baines, Olivier 19. Litigation Exposure Reduction Ad Hoc Committee — Brandau, Caprioglio 20. Convention Center Oversight Advisory Board — Baines, (Brand -Alternate), City Manager, SMG General Manager and one representative from each of SMG's organizations Action Taken: May 15, 2014 *SUBJECT TO MAYOR'S VETO OR RECONSIDERATION Page 6 AND MAY BE AMENDED AT ANYTIME 4'. ' CLOSED SESSIONi A. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION - Government Code Section 54956.9, Subdivision (d)(1) 1. City of Fresno v. Chevron USA et al. - MDL 1358; CV-04973 (SAS) Action Taken: B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Government Code Section 54956.8 Property involving APN 493-020-28ST (No Address) and APN 493-020-37ST; (5005 E. Dakota) Negotiating Parties: Executive Director of Successor Agency Marlene Murphey Action Taken: C. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION - Government Code Section 54956.9, Subdivision (d)(1) 1. Case Name: City of Fresno, a municipal corporation, Douglas Sloan, in his capacity as the City Attorney of the City of Fresno v. Doug Vagim, Diane Smith, Steve Wayte; Fresno Superior Court No. 13CECGO3080 5th District Court of Appeal No. F069296 Related Matter: Doug Vagim, Diane Smith, Steve Wayte v. City of Fresno, a municipal corporation, Douglas Sloan, in his capacity as the City Attorney of the City of Fresno; Fresno Superior Court No. 13CECGO3206 Action Taken: SCHEDULED COUNCIL HEARINGS AND MATTERS 2:00 P.M. HEARING to consider Plan Amendment Application No. A-11-003, Rezone Application No. R-11-003, and related Environmental Finding for property located on the northeast comer of North Fowler and East Clinton Avenues (Council District 4) - Development and Resource Management Department Action Taken: a. Consider the environmental finding of Environmental Assessment No. A-11- 003/ /R-1 1-003/C-1 3-092/T-6033, a finding of a Mitigated Negative Declaration, dated March 21, 2014 Action Taken: b. RESOLUTION - Approving Plan Amendment Application No. A-11-003 to amend the 2025 Fresno General Plan and the McLane Community Plan for ±34.01 net acres of property located on the northeast corner of North Fowler and East Clinton Avenues from the light industrial planned land use to the neighborhood commercial planned land use designation for 2.14 acres and to the medium density residential planned use designation for 31.87 acres Action Taken: C. BILL- (For introduction and adoption) - Amending the Official Zone Map to reclassify ±34.01 net acres of property located on the northeast corner of North Fowler and East Clinton Avenues from the C-M/UGM/cz (Commercial and Light Manufacturing/Urban Growth Management/conditions of zoning) zone district to the C-1/UGM/cz (Neighborhood Shopping Center/Urban Growth Management/conditions of zoning) for 2.14 acres and to the R-1/UGM/cz (Single Family Residential/Urban Growth Management/conditions of zoning) zone district for 31.87 acres Action Taken: May 15, 2014 *SUBJECT TO MAYOR'S VETO OR RECONSIDERATION Page 7 AND MAY BE AMENDED AT ANYTIME PLEASE NOTE: UNSCHED..%-ED COMMUNICATIONS IS NOT . %'PHEDULED FOR A SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING SCHEDULED COMMUNICATION — 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. UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS May 22 - 9:30 A.M. Mayor's presentation of the Fiscal Year 2014-2015 Budget May 28 - NO MEETING- MEMORIAL DAY June 5 - 8:30 A.M. MEETING June 12 - 8:30 A.M. MEETING June 19— MEETING June 26 - 8:30 A.M. MEETING July 17 -10:00 A.M. HEARING re: UUD No. FRE-93 on the north side of Nees Avenue from Maple Avenue to Hayston Avenue July 17 - 10:15 A.M. HEARING re: Final Tract Map No. 5531 annexed to CFD No. 11 to provide funding for the operation and reserves for maintenance ("Services") pertaining to the landscaping, trees and irrigation systems within the street rights -of -way and landscape easements in and along South Armstrong and East California Avenues UPCOMING EMPLOYEE CEREMONIE July 31 - 8:30 a.m. Employee of the Summer Quarter (Reception immediately following— f" 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 immediately following— 2"d floor foyer) May 15, 2014 "SUBJECT TO MAYOR'S VETO OR RECONSIDERATION Page 8 AND MAY BE AMENDED AT ANYTIME COC�I�■�� I �� rn� -4„V City Council Agenda Council President Steve Brandau Councilmembers Oliver L. Baines III -Acting President Lee Brand Paul Caprioglio Clinton J. Olivier Sal Quintero Blong Xiong City'Manager City Clerk City Attorney Bruce Rudd Yvonne Spence, CMC Douglas T. Sloan The meeting room is accessible to the physically disabled. If you require special assistance to participate in the meeting, notify the Office of the City Clerk at 559-621-7650 at least three business days prior to the meeting. Please keep the doorways, aisles and wheelchair seating areas open and accessible. If you need assistance with seating because of a disability, contact Security. The City Council welcomes you to the Council Chambers, located in City Hall 2nd Floor, 2600 Fresno Street, Fresno�o c' 93/21. __4 3 "< S -` r M rn �' co ICI -n 3 May 15, 2014. z 171 FISCAL YEAR 2014-2015 BUDGET HEARINGS — TO BE HELD IN THE COUNCIL CHAMBERS (SUiMn ECT TO CHANGE) Please Note: Department budgets will generally be considered as listed below starting with the initial public hearing and continuing until council adopts the budget: Members of the public will be allowed to address the Council regarding the budget and will be allowed two (2) minutes. Please be advised consideration of some departments may be continued to the next scheduled hearing date if discussions run long, and other departments may be considered in advance of the date and time listed May 22- 9:30 A.M. Mayor -Budget Presentation June 5- 1:00 P.M. General Fund Overview; BMSD, City Attorney, City Clerk, FAX, Information Services June 9- 9:00 A.M. FYI, Convention Center, General City Purpose, PARCS, Police June 10- 9:00 A.M. Finance, Personnel, Fire, Public Works, City Council June 11- 9:00 A.M. Public Utilities, DARM, CDBG, HOME, NSP, ESG, Mayor/City Manager's Office June 12- 8:30 A.M. Council Meeting- Final Motions made June 16- 9:00 A.M. Budget Overflow; Council vote on motions June 19- 1:30 P.M. Council Meeting - Council vote on Budget Documents June 30- Balance Budget Required by Charter 1:30 P.M. ROLL CALL Invocation by Minister Matt Phillips of the Woodward Park Church of Christ Pledge of Allegiance to the Flag May 15, 2014 *SUBJECT TO MAYOR'S VETO OR RECONSIDERATION Page 1 AND MAY BE AMENDED AT ANYTIME Ceremonial Presentations: 1 Proclamation of American Lung Association's "NATIONAL WOMEN'S LUNG HEALTH WEEK" — Council President Brandau Proclamation of "FUGMAN ELEMENTARY DAY" — Councilmember Brand Proclamation of "RESERVE POLICE OFFICER JOE L. INFAUSTO DAY" —Acting President Baines Proclamation of "INCREASING EXPORT OPPORTUNITIES IN PARTNERSHIP WITH THE CENTER FOR INTERNATIONAL TRADE DEVELOPMENT DAY" — Council President Brandau Proclamation of "MARITIME DAY" — Mayor's Office 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 Iike 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 wili-.-eome 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 countdowh_,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. Approve Joint Meeting minutes with the City of Clovis of April 29, 2014 Action Taken: Approve Council minutes of May 1, 2014 Action Taken: Councilmember Reports and Comments Action Taken: Approve Agenda Action Taken: May 15, 2014 *SUBJECT TO MAYOR'S VETO OR RECONSIDERATION Page 2 AND MAY BE AMENDED AT ANYTIME Adopt Consent Calendar Action Taken: 1. ICONSENT 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. A. * RESOLUTION - 44th amendment to the Annual Appropriation Resolution (AAR) No. 2013-98 appropriating $27,000 of Older Americans Act Title III C1 grant funds from the Fresno Madera -Area Agency on Aging (FMAAA) for the Senior Hot Meals (SHM) program (Requires 5 affirmative votes) — PARCS Action Taken: B. Award a contract in the amount of $245,865 to Zim Industries to furnish and install 16-inch liner and gravel pack to rehabilitate the potable water well at Pump Station 17, located at 761 E. Cornell Avenue - Bid File 3300 (Council District 1) - Department of Public Utilities Action Taken: C. Approve the partial acquisition of 0.85 acres of a parcel of property in the amount of $92,800, owned by Rancho Amboy, a limited partnership, for the construction of Veterans Boulevard overcrossing near Golden State and Bullard Avenue (Council District 2) - Public Works Department Action Taken: D. * RESOLUTION - 45th amendment to the Annual Appropriation Resolution (AAR) No. 2013- 98 appropriating $200,000 from the Systems Replacement Fund to replace hardware that is past its end of service life (EOSL) (Requires 5 affirmative votes) — Information Services Department Action Taken: E. Actions pertaining to a grant award for $117,566 from the State Homeland Security Grant Program, through the County of Fresno - Fire Department 1. RESOLUTION -Authorizing the application for and acceptance of Fiscal Yearl3 Cycle U.S. Department of Homeland Security/Office of Domestic Preparedness "State Homeland Security Grant Program" funding, through the County of Fresno Action Taken: 2. * RESOLUTION - 43rd amendment to the Annual Appropriation Resolution (AAR) No. 2013-98 appropriating $18,200 from the State Homeland Security Grant Program to the Fire Department to provide equipment and support of the community emergency response team (Requires 5 affirmative votes) Action Taken: May 15, 2014 *SUBJECT TO MAYOR'S VETO OR RECONSIDERATION Page 3 AND MAY BE AMENDED AT ANYTIME 1. ICONSENT CALENDAR( NTINUED F. BILL - (For introduction) - Annual amendment to Subsection (a) of Sections 7-504 and 7- 505 of the Fresno Municipal Code relating to local Sales and Use Taxes, pursuant to the Memorandum of Understanding with Fresno County (MOU) — Finance Department Action Taken: CONTESTED CONSENT CALENDA 2. 11GENERAL ADMINISTRATION A. Actions pertaining to IUOE, Stationary Engineers Local 39 — Personnel Services Department 1. * Adopt a Successor MOU between the City of Fresno and IUOE, Stationary Engineers, Local 39 (non -supervisory blue collar employees — Unit 1) Action Taken: 2. * Adopt a Side Letter of Agreement between the City of Fresno and IUOE, Stationary Engineers, Local 39 (Non -supervisory blue collar employees — Unit 1) on pensions for new employees Action Taken: B. Submission and acceptance of City of Fresno Comprehensive Annual Financial Report (CAFR) and Single Audit for Fiscal Year 2013 — Finance Department Action Taken: C. RESOLUTION - Reallocating $700,000 from the Property/Liability self-insurance contingency account to the refunds and claims account and outside legal services account — Personnel Services Department Action Taken: D. RESOLUTION — To submit grant applications for up to $1,250,000 to the State of California Department of Transportation Active Transportation Program (ATP), and authorizing the execution of documents by the City Manager, Public Works Director, or designees — Public Works Department Action Taken: E. Actions pertaining to an award of a construction contract to California Building Evaluation & Construction, Inc. of Buena Park, California in the amount of $736,360 for the emergency generator upgrade at Fresno City Hall (bid file No. 3227) (Council District 3) — Public Works Department 1. Adopt finding of a Categorical Exemption per staff determination, pursuant to Section 15301(c) of the CEQA Guidelines Action Taken: 2. Award a construction contract with California Building Evaluation & Construction, Inc. of Buena Park, California in the amount of $736,360 for the emergency generator upgrade at Fresno City Hall Action Taken: May 15, 2014 *SUBJECT TO MAYOR'S VETO OR RECONSIDERATION Page 4 AND MAY BE AMENDED AT ANYTIME 2. GENERAL ADMINISTRATION CONTINUED] F. Approve the acquisition of 19.66 acres of property in the amount of $3,855,500, owned by Rancho Rivington, a limited partnership, for the construction of Veterans Boulevard overcrossing near Golden State and Bullard Avenue (Council District 2) - Public Works Department Action Taken: G. Actions pertaining to the First Street traffic synchronization project from Nees Avenue to Ventura Street rebid (bid file 3321) (Council Districts 3, 4, 5, 6, and 7) — Public Works Department 1. Adopt finding of a Categorical Exemption per staff determination, pursuant to Section 15301(c) of the CEQA Guidelines, for the First Street traffic synchronization project from Nees Avenue to Ventura Street Action Taken: 2. Award a construction contract with Kertel Communications Inc., dba Sebastian of Fresno in the amount of $1,197,058 for the base bid and all add alternates for the First Street traffic synchronization project from Nees Avenue to Ventura Street Action Taken: H. Actions pertaining to the Fresno/Clovis Regional Wastewater Reclamation Facility Headworks Building coating repair and stop plate installation — (Council District 3) - Department of Public Utilities 1. RESOLUTION — 461n amendment to the Annual Appropriation Resolution (AAR) No. 2013-98 appropriating $4,458,000 for the Fresno/Clovis Regional Wastewater Reclamation Facility Headworks Building coating repair and stop plate installation (Requires 5 affirmative votes) Action Taken: 2. Adopt a finding of Class 1 Categorical Exemption, pursuant to Section 15301 (b) and (d) of the California Environmental Quality Act Guidelines Action Taken: 3. Award a $6,367,960 contract as negotiated to Floyd Johnston Construction Company of Clovis, California for the design and construction thereof (bid file 3201) Action Taken: I. Approve application for and acceptance of Fiscal Year 2013 Staffing for Adequate Fire and Emergency Response (SAFER) grant award for $2,587,200 through the U.S. Department of Homeland Security - Fire Department Action Taken: 1. RESOLUTION - Authorizing the application for and acceptance of Fiscal Year 2013 Cycle Staffing for Adequate Fire and Emergency Response (SAFER) funding issued by the U.S. Department of Homeland Security Grant Program and authorizing completion of all required documents Action Taken: 2. * RESOLUTION - 35th amendment to the Annual Appropriation Resolution (AAR) No. 2013-98 appropriating $227,200 from the SAFER Grant Program to the Fire Department for funding shift replacement in Fiscal Year 2014 (Requires 5 affirmative votes) Action Taken: May 15, 2014 *SUBJECT TO MAYOR'S VETO OR RECONSIDERATION Page 5 AND MAY BE AMENDED AT ANYTIME 2. GENERAL ADMINISTRATION CONTINUED J. Actions pertaining to the acquisition of CVP Unreleased Restoration Flows and transfer of said Unreleased Restoration Flows to the Orange Cove Irrigation District to assist in mitigation of severe drought conditions — Department of Public Utilities 1. Adont findinas that the nronosed agreement-, nrP not a "nrnjert" within the meaning of Public Resources Code Section 21803 (CEQA Guidelines section 15378), that the proposed agreements also statutorily exempt from CEQA under Public Resources Code Section 21080(b)(4) due to the proclamation of a qualifying state of emergency related to a drought, and NEPA compliance is complete based upon the United States Bureau of Reclamation's adopted "finding of no significant impact" covering the Recirculation of Recaptured Water for Water Year 2014-2017 San Joaquin Restoration Flows, "finding of no significant impact" covering the Accelerated Water Transfer Program for Friant Division and Cross Valley Central Valley Project Contractors, 2011-2015, and "finding of no significant impact" covering the Increase in Quantity for the Friant Division and Cross Valley Accelerated Water Transfer Program, 2011-2015 Action Taken: 2. RESOLUTION - Authorizing the Department of Public Utilities to execute the "Agreement between the United States Bureau of Reclamation and the City of Fresno for delivery of banked unreleased restoration flows, and execute the "Agreement for Transfer and Exchange of Water" between the Orange Cove Irrigation District and the City of Fresno in substantially the form attached Action Taken: 3. CITY COUNCIL A. Council Boards and Commissions Communications, Reports, Assignments and/or Appointments, Reappointments, Removals to/from City and non -City Boards and Commissions: 1. Council of Governments — Swearengin-Ex-Officio (Olivier -Alternate) 2. Financial Audit Committee — Brand, Olivier, Xiong 3. Fresno Area Workforce Investment Corporation - Baines 4. Fresno County Transportation Authority (FCTA) - Swearengin, Brandau S. Fresno Regional Workforce Investment Board — Baines, Renena Smith 6. Fresno County Zoo Authority — Swearengin (Baines -Alternate) 7. Fresno Madera Area Agency on Aging Board - Olivier 8. Joint Powers Financing Authority — Baines, Xiong, Swearengin 9. Leadership Council on Ending Homelessness - Swearengin, Baines 10. San Joaquin River Conservancy Board - Swearengin (Brandau-Alternate) 11. Association for the Beautification of Highway 99 - Baines 12. Upper Kings Basin Integrated Regional Water Management JPA — Xiong 13. Pension Reform Task Force — Brand, Xiong, (3rd Member vacant) 14. Economic Development Corporation Serving Fresno County — Brandau-Ex-Officio 15. Fresno/Clovis Convention & Visitors Bureau (CVB) — Amy Fuentes 16. League of California Cities (Annual Meeting) — Swearengin (Olivier -Alternate) 17. San Joaquin Valley Air Pollution Control District - Baines 18. Infill Development Ad Hoc Subcommittee - Brand, Baines, Olivier 19. Litigation Exposure Reduction Ad Hoc Committee — Brandau, Caprioglio 20. Convention Center Oversight Advisory Board — Baines, (Brand -Alternate), City Manager, SMG General Manager and one representative from each of SMG's organizations Action Taken: May 15, 2014 *SUBJECT TO MAYOR'S VETO OR RECONSIDERATION Page 6 AND MAY BE AMENDED AT ANYTIME 4. ICLOSED SESSIONJ A. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION - Government Code Section 54956.9, Subdivision (d)(1) 1. City of Fresno v. Chevron USA et al. - MDL 1358; CV-04973 (SAS) Action Taken: B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Government Code Section 54956.8 Property involving APN 493-020-28ST (No Address) and APN 493-020-37ST; (5005 E. Dakota) Negotiating Parties: Executive Director of Successor Agency Marlene Murphey Action Taken: C. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION - Government Code Section 54956.9, Subdivision (d)(1) 1. Case Name: City of Fresno, a municipal corporation, Douglas Sloan, in his capacity as the City Attorney of the City of Fresno v. Doug Vagim, Diane Smith, Steve Wayte; Fresno Superior Court No. 13CECGO3080 5t" District Court of Appeal No. F069296 Related Matter: Doug Vagim, Diane Smith, Steve Wayte v. City of Fresno, a municipal corporation, Douglas Sloan, in his capacity as the City Attorney of the City of Fresno; Fresno Superior Court No. 13CECGO3206 Action Taken: SCHEDULED COUNCIL HEARINGS AND MATTERS 2:00 P.M. HEARING to consider Plan Amendment Application No. A-11-003, Rezone Application No. R-11-003, and related Environmental Finding for property located on the northeast corner of North Fowler and East Clinton Avenues (Council District 4) - Development and Resource Management Department Action Taken: a. Consider the environmental finding of Environmental Assessment No. A-11- 003/ /R-1 1-003/C-1 3-092/T-6033, a finding of a Mitigated Negative Declaration, dated March 21, 2014 Action Taken: b. RESOLUTION - Approving Plan Amendment Application No. A-11-003 to amend the 2025 Fresno General Plan and the McLane Community Plan for ±34.01 net acres of property located on the northeast corner of North Fowler and East Clinton Avenues from the light industrial planned land use to the neighborhood commercial planned land use designation for 2.14 acres and to the medium density residential planned use designation for 31.87 acres Action Taken: C. BILL- (For introduction and adoption) - Amending the Official Zone Map to reclassify ±34.01 net acres of property located on the northeast corner of North Fowler and East Clinton Avenues from the C-M/UGM/cz (Commercial and Light Manufacturing/Urban Growth Management/conditions of zoning) zone district to the C-1/UGM/cz (Neighborhood Shopping Center/Urban Growth Management/conditions of zoning) for 2.14 acres and to the R-1/UGM/cz (Single Family Residential/Urban Growth Management/conditions of zoning) zone district for 31.87 acres Action Taken: May 15, 2014 *SUBJECT TO MAYOR'S VETO OR RECONSIDERATION Page 7 AND MAY BE AMENDED AT ANYTIME PLEASE NOTE: UNSCHE[ .ED COMMUNICATIONS IS N07 CHEDULED FOR A SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING SCHEDULED COMMUNICATION — 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 unschedU'led items, if any, shall be limited to referring the item to staff for a report and possible scheduling on a future Council agenda. UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS May 22 - 9:30 A.M. Mayor's presentation of the Fiscal Year 2014-2015 Budget May 28 - NO MEETING- MEMORIAL DAY June 5 - 8:30 A.M. MEETING June 12 - 8:30 A.M. MEETING June 19 — 1:30 P.M. MEETING June 26 - 8:30 A.M. MEETING July 17 -10:00 A.M. HEARING re: UUD No. FRE-93 on the north side of Nees Avenue from Maple Avenue to Hayston Avenue July 17 -10:15 A.M. HEARING re: Final Tract Map No. 5531 annexed to CFD No. 11 to provide funding for the operation and reserves for maintenance ("Services") pertaining to the landscaping, trees and irrigation systems within the street rights -of -way and landscape easements in and along South Armstrong and East California Avenues UPCOMING EMPLOYEE CEREMONIES[ July 31 - 8:30 a.m. Employee of the Summer Quarter (Reception immediately following — 2" d floor foyer) Oct. 2 - 8:30 a.m. Employee of the Fall Quarter (Reception immediately following — to floor foyer) Oct. 22 - (Weds) 2:00 p.m. Presentation of Employee Service Awards (Reception immediately following — 2"" floor foyer) May 15, 2014 *SUBJECT TO MAYOR'S VETO OR RECONSIDERATION Page 8 AND MAY BE AMENDED AT ANYTIME NOTICE OF AGENDA TIME CHANGES DATE: Thursday, May 1, 2014 TIME: 8:30 A.M. or soon thereafter as it may be heard LOCATION: Council Chambers, Second Floor, City Hall, 2600 Fresno Street Please Take Notice that the Council President of the City of Fresno announces agenda time changes on the City Council agenda scheduled for THURSDAY, May 1, 2014, at the hour of 8:30 a.m., or as soon thereafter as it may be heard, in the Council Chambers, Second Floor, City Hall, 2600 Fresno Street, Fresno, California. The following are agenda item time changes: 11:15 A.M. Business Friendly Fresno Final Report and Workshop— Development and Resource Management Department (Item moved from 1:30 p.m.) 1:30 P.M. RESOLUTION - Affirming support for Assembly Bill (AB) 2686 (Perea), the Clean, Safe, and Reliable Water Supply Act of 2014 and the importance of above -ground water storage, Delta restoration and safe drinking water- Council President Brandau (Item moved from 11:15 a.m.) Action Taken: 1:50 P.M. Presentation of the Kiosk Program by HealthWise Services designed to improve the medical waste disposal process - Kacey Auston (Council President Brandau) (Item moved from 10:20 a.m.) DATED this 28th day of April, 2014. C7 c n STEVE BRANDAU, COUNCIL PRESIDENT rn N co rrnn 3 CA Z O n N a cn x M 0 M M 0