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Home My WebLink About04-10-2014 Council Agenda C 'Ity Counc '11 A Council President Steve Brandau Councilmembers Oliver L. Baines III—Acting President Clinton J. Olivier Lee Brand Sal Quintero Paul Caprioglio 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, 2°d Floor,2600 Fresno Street, Fresno CA 93721. April 10, 2014 8:30 A.M. ROLL CALL Invocation by Councilmember Quintero Pledge of Allegiance to the Flag Ceremonial Presentations: Recognition of the Heart and Soul Program —Acting President Baines Proclamation of "CALL 811 BEFORE YOU DIG" — Council President Brandau Proclamation of "CRIME VICTIMS' RIGHTS WEEK" — Councilmember Caprioglio Proclamation of "LITTLE LEAGUE CHALLENGER BASEBALL DAY" — Councilmember Brand 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. April 10, 2014 *SUBJECT TO MAYOR'S VETO OR RECONSIDERATION Page 1 AND MAY BE AMENDED AT ANYTIME 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. Approve Council minutes of April 3, 2014 Action Taken: Councilmember Reports and Comments Action Taken: Approve Agenda Action Taken: Adopt Consent Calendar Action Taken: 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. A. Actions pertaining to the sewer main construction in "O" Street for the Lighthouse Building - Bid File 3301 (Council District 3) — Department of Public Utilities 1. Adopt a finding of Class 3 Categorical Exemptions, pursuant to Section 15303(d) (New Construction or Conversion of Small Structures) of the California Environmental Quality Act Guidelines Action Taken: 2. Award a $246,260 construction contract to Floyd Johnston Construction Company Inc. of Clovis, California Action Taken: B. Reject all bids received for the requirements contract for bulk sodium hydroxide — Bid File 9265 (Citywide) - Department of Public Utilities Action Taken: April 10, 2014 *SUBJECT TO MAYOR'S VETO OR RECONSIDERATION Page 2 AND MAY BE AMENDED AT ANYTIME 1. CONSENT CALENDAR CONTINUED C. Documents related to Measure "C" Transit Oriented Development Projects in the Cultural Arts District (Council District 3) — Public Works Department 1. Approve a Reimbursement Agreement with Granville Homes for $61,500 for Broadway-Fulton alley improvements from San Joaquin Street to Amador Street under the Measure "C" Transit Oriented Development Program 2. * RESOLUTION - 38th amendment to the Annual Appropriation Resolution (AAR) No. 2013-98 appropriating $63,300 for the Measure "C" Transit Oriented Development Program reimbursement agreement for the Broadway-Fulton alley project from San Joaquin to Amador Street (Requires 5 affirmative votes) D. Documents related to Measure "C" Transit Oriented Development Projects in the Cultural Arts District (Council District 3) - Public Works Department 1. Approve a Reimbursement Agreement with Granville Homes for $453,250 for Broadway-Fulton alley improvements from Calaveras Street to San Joaquin Street under the Measure "C" Transit Oriented Development Program Action Taken: 2. * RESOLUTION - 37th amendment to the Annual Appropriation Resolution (AAR) No. 2013-98 to appropriate $456,800 for the Measure "C" Transit Oriented Development Program reimbursement agreement for the Broadway-Fulton alley project from Calaveras to San Joaquin Streets (Requires 5 affirmative votes) Action Taken: E. Documents related to Measure "C" Transit Oriented Development Projects in the Cultural Arts District (Council District 3) — Public Works Department 1. Approve a Reimbursement Agreement with Granville Homes for $88,180 for constructing Storm Drain Improvements in "L" Street from Calaveras Street to San Joaquin Street under the Measure "C" Transit Oriented Development Program Action Taken: 2. * RESOLUTION - 39th Amendment to the Annual Appropriation Resolution No. 2013- 98 to appropriate $90,000 for the Measure "C" Transit Oriented Development Program reimbursement agreement for the "L" Street project from Calaveras to San Joaquin Streets (Requires 5 affirmative votes) Action Taken: F. Approve Amendment No. 1 to an agreement with the Fresno County Transportation Authority (FCTA) for the Downtown Development Impact Forgiveness Incentive Program (Council District 3) - Public Works Department Action Taken: G. Approve a reimbursement agreement with Fresno Irrigation District to underground an existing canal located adjacent to the Santa Fe Avenue widening project from Palo Alto Avenue to Blythe Avenue, Bid File 3323 (Council District 2) - Public Works Department Action Taken: April 10, 2014 *SUBJECT TO MAYOR'S VETO OR RECONSIDERATION Page 3 AND MAY BE AMENDED AT ANYTIME 1. CONSENT CALENDAR CONTINUED H. Award a requirements contract in the amount of $265,050 to General Chemical Performance Products, LLC for bulk aluminum sulfate for a one-year contract with provisions for two one-year extensions, total amount not to exceed $795,150 - Bid File 9269 (Citywide) - Department of Public Utilities Action Taken: CONTESTED CONSENT CALENDAR 2. GENERAL ADMINISTRATION A. Approve acceptance of a Deed in Lieu of Foreclosure from Mission Housing Development Corporation for Bastian Court LP for a HOME Program Loan in the amount of $1,176,317.13 - Development and Resource Management Department Action Taken: B. Actions pertaining to the Universally Accessible Park (Council District 1) — Public Works Department 1. Adopt finding of Mitigated Negative Declaration, pursuant to the provisions of Section 15164 of California Environmental Quality Act (CEQA) Guidelines Action Taken: 2. Award a construction contract to Lewis C. Nelson and Sons, Inc., of Selma, California in the amount of $7,819,000 for the Universally Accessible Park, Bid File — 3312 Action Taken: 3. RESOLUTION - 41st amendment to the Annual Appropriation Resolution (AAR) No. 2013-98 appropriating $748,800 for the construction of the Universally Accessible Park (Requires 5 affirmative votes) Action Taken: C. Authorize the Public Works Director to negotiate and enter into Third and Fourth Amendments to a Reimbursement Agreement with the California High-Speed Rail Authority for the purposes of developing a series of special cooperative agreements and increase the contract amount of the Reimbursement Agreement for a not to exceed additional $450,000 (Council Districts 1, 2 & 3) Action Taken: 3. CITY COUNCIL A. WORKSHOP by the Fresno Arts Council — Acting President Baines April 10, 2014 *SUBJECT TO MAYOR'S VETO OR RECONSIDERATION Page 4 AND MAY BE AMENDED AT ANYTIME 4. CLOSED SESSION 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: B. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION - Government Code Section 54956.9, Subdivision (a) 1. City of Fresno, et al v. AIG Financial Products Corp., et al. U.S. District Court Case No.: 08 MDL No. 1950 Action Taken: SCHEDULED COUNCIL HEARINGS AND MATTERS 10:00 A.M. CONTINUED HEARING to consider Rezone Application No. R-14-001 and Environmental Assessment No. R-14-001/V-14-001, filed by Michael Henebury of Bulldog Recycling, pertaining to approximately .79 acres of property located on the east side of N. Clark Street between E. Floradora and E. McKinley Avenues (1454 N. Clark Street; APN: 451-151-13) (Council District 7) — Development and Resource Management Department Action Taken: 1. Consider the environmental finding of Environmental Assessment No. R-14- 001/V-14-001, a Finding of Conformity, dated January 17, 2014 Action Taken: 2. BILL — Amending the Official Zone Map to reclassify ± .79 acres from the C-M (Commercial and Light Manufacturing) zone district to the M-1/CZ (Light Manufacturing/Conditions of Zoning) zone district Action Taken: April 10, 2014 *SUBJECT TO MAYOR'S VETO OR RECONSIDERATION Page 5 AND MAY BE AMENDED AT ANYTIME SCHEDULED COMMUNICATION — 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. UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS Apr. 17- NO MEETING- EASTER Apr. 24- 10:00 A.M. HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding Community Facilities District No. 9, Annexation No. 6 May 1 - 8:30 A.M. MEETING May 8- NO MEETING- RECESS May 15- 1:30 P.M. MEETING May 22- 8:30 A.M. MEETING 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 UPCOMING EMPLOYEE CEREMONIES Apr. 9- (Weds)2:00 p.m. Presentation of Employee Service Awards (Reception immediately following—2"d floor foyer) May. 1 - 8:30 a.m. Employee of the Spring Quarter(Reception immediately following—2„d floor foyer) 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—2„d floor foyer) Oct. 22- (Weds)2:00 p.m. Presentation of Employee Service Awards (Reception immediately following—2 d floor foyer) April 10, 2014 *SUBJECT TO MAYOR'S VETO OR RECONSIDERATION Page 6 AND MAY BE AMENDED AT ANYTIME