HomeMy WebLinkAbout01-09-2014 Council Agenda C 'Ity Council A
Council President
Steve Brandau
Councilmembers
Oliver L. Baines III IActing President Clinton J. Olivier
Lee Brand Sal Quintero
Paul Caprioglio Blong Xiong
City Manager City Clerk City Attorney
Bruce Rudd Yvonne Spence, CIVIC 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.
January 9, 2014
8:30 A.M. ROLL CALL
Invocation by Bert Mello of St. Anthony of Padua Catholic Church
Pledge of Allegiance to the Flag
Ceremonial Presentations:
Presentation of the SPCA Pet of the Month Councilmember Olivier
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
❑Rlb MYD-MEO]ILR❑ I I I OLNV 2 II rff❑[DF I I I R❑❑FMEED❑Ems/❑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.
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AND MAY BE AMENDED AT ANYTIME
Approve Council minutes of December 12 and 19, 2013
Action Taken:
Approve Successor Agency and Fresno Revitalization Corporation minutes of December 12 and 19, 2013
Action Taken:
Councilmember Reports and Comments
Action Taken:
Approve Agenda
Action Taken:
Election of Council President and Acting Council President
Action Taken:
Election of Successor Agency Chair and Vice Chair
Action Taken:
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. Actions pertaining to Law Enforcement Services Account Police Department
1. Approve the amended spending plan for the fiscal year 2012-2013 State of California Supplemental
Law Enforcement Services Account (SLESA)
Action Taken:
2. * RESOLUTION ❑25th amendment to the Annual Appropriations Resolution (AAR) appropriating
$313,200 for frontline law enforcement operations into the fiscal year 2014 budget (Requires 5
affirmative votes)
Action Taken:
B. Actions pertaining to Anti-human Trafficking Program Task Force Project ❑Police Department
1. Authorize the acceptance of the grant augmentation from the California Office of Emergency Services
(CALOES)for the Anti-human Trafficking Task Force Project
Action Taken:
2. * RESOLUTION - 28tn amendment to the Annual Appropriation Resolution (AAR) appropriating
$195,800 for the anti-human trafficking program into the fiscal year 2014 budget (Requires 5
affirmative votes)
Action Taken:
3. Authorize the Chief of Police to enter into and execute the grant agreement, the Agency
Memorandum of Understanding (MOU)addendums and all required program documents
Action Taken:
C. Approve an agreement with BKF Engineers in the amount of$71,584 and a contingency of$15,000 to
provide professional engineering services for the Herndon Avenue widening between Polk and Millburn
Avenues (Property located in District 2) ❑Public Works Department
Action Taken:
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AND MAY BE AMENDED AT ANYTIME
1. ICONSENT CALENDAR CONTINUED
D. Actions pertaining to the Herndon Multi-Purpose Trail between Valentine and Marks Avenues project
(Property located in District 2) ❑Public Works Department
1. Adopt finding of a Categorical Exemption pursuant to Class 1 Section 15301(C) (Existing Facilities)of
the CEQA Guidelines for the Herndon Multi-Purpose Trail between Valentine and Marks Avenues
Action Taken:
2. Award a construction contract with Jim Crawford Construction of Clovis, California in the amount of
$259,613.47 for the Herndon Multi-Purpose Trail between Valentine and Marks Avenues Project and
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behalf
Action Taken:
E. $❑❑=FFFD D _ F-P -W Wr2 T_Fq ❑ r❑❑❑-r-T ❑rDP -i-r ❑❑❑r❑❑❑JD❑❑JDrF-❑ iiiiEF=FFFn❑❑[[[I❑❑I N-
provide design services for the construction of the Cultural Arts District(CAD) Park at the northwest corner of
Fulton Street and Calaveras Street (Property located in District 3) ❑Public Works Department
Action Taken:
F. Approve a substitution of a listed subcontractor MDR Inc. pertaining to the lighting upgrades of softball fields
located at Quigley and Einstein Parks (Property located in Districts 1 and 7) ❑Public Works Department
Action Taken:
G. Approve a substitution of a listed subcontractor pertaining to Fluid Resource Management for the sewer
replacement and rehabilitation in Ashlan Avenue (Property located in Districts 1 and 7) 1 1 Public Works
Department
Action Taken:
H. RESOLUTION -Authorizing submittal of an application to State of California Department of Housing and
Community Development and acceptance of 2013 housing-related parks program funding and execution of
necessary program documents (Property located in Districts 3, 5& 7) ❑PARCS
Action Taken:
I. Submission for informational purposes the Comprehensive Annual Financial Reports (CAFR) regarding the
financial activities of the City of Fresno Retirement Systems for the fiscal year ending June 30, 2013 ❑
Retirement Offices
Action Taken:
J. Adopt Ordinance Bill repealing and reenacting Sections 11-101 through 11-109 of Article 1, Chapter 11 of the
Fresno Municipal Code relating to the California Building, Residential, Electrical, Mechanical, Plumbing,
Energy and Green Building Standards Codes ❑Development and Resource Management Department
Action Taken:
1. Adopt a finding that this project is not subject to the requirements of the California Environmental
Quality Act pursuant to CEQA Guidelines, Section 15061(b)(3) as there is clearly no possibility the
adoption of the 2013 California Building Standards Code or amendments may have a significant
adverse effect on the environment
Action Taken:
2. - BILL NO. B-39 (Intro. 12119113) (For adoption) -Adopting express findings of necessity related to
local climatic, topographical, and geological conditions, ❑❑F❑P DEEIM111111 WITDP ❑❑EP ❑❑WWW❑❑
California Mechanical Code reasonably necessary, repealing Article 1, Chapter 11, Sections 11-101
through 11-109 and adding Article 1, Chapter 11, Sections 11-101 through 11-109 of the Fresno
Municipal Code to adopt and amend the California Building, Residential, Electrical, Mechanical,
Pluming, Energy and Green Building Standards Codes
Action Taken:
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AND MAY BE AMENDED AT ANYTIME
1. ICONSENT CALENDAR CONTINUED
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Municipal Code relating to fire and life safety regulations and associated Resolution of express findings ❑
Fire Department
Action Taken:
1. Adopt a finding that this project is not subject to the requirements of the California Environmental
Quality Act pursuant to CEQA Guidelines, Section 15061(b)(3) as there is clearly no possibility the
adoption of the 2010 California Fire Code or amendments may have a significant adverse effect on
the environment
Action Taken:
2. * RESOLUTION - Making and adopting express findings that modifications or changes to the 2010
California Fire Code are reasonably necessary because of local climatic, geological, or
topographical conditions
Action Taken:
3. * BILL NO. B-40 - (Intro. 12119113) (For adoption) - Incorporating and adopting express findings of
necessity related to local climatic, topographical, D❑❑Ein❑❑Z❑FDCF❑❑❑mod]❑❑I❑]❑F❑iP D:LiMiin ID
amendments to the California Mechanical Code reasonably necessary, repealing Article 10 of
Chapter 5, and adding Article 10 to Chapter 5 of the Fresno Municipal Code relating to fire and life
safety regulations
Action Taken:
L. BILL NO. B-41 I(Intro. 1211912013) (For adoption) -Amending Section 2-1105 of the Fresno Municipal
Code revising Subsections (a) and (b) and adding Subsection (d) relating to contribution limits and filing
methods �❑W❑OFFTF12 ❑F❑
Action Taken:
CONTESTED CONSENT CALENDAR
2. IGENERAL ADMINISTRATION
A. * RESOLUTION -Approving the City of Fresno Investment Policy for Fiscal Year 2013-2014 ❑Finance
Department
Action Taken:
B. Award a construction contract to American Paving Company in the amount of$2,331,000 for the Martin Ray
Reilly Park (Property located in District 7) ❑Public Works Department
Action Taken:
3. ICITY COUNCIL
A. * RESOLUTION -]Amending the Council Residency Act to allow incumbent Councilmembers who have not
relocated to verify residency by sworn affidavit ❑Councilmember Xiong
Action Taken.
4. CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION - Government Code Section 54956.9,
Subdivision (d)(1)
1. Chris Willis, et al. v. City of Fresno, et al.; United States District Court Case No.: 09-CV-01766-LJO-DLB
2. County of Madera, a California General Law County v. City of Fresno, a California Charter City; Fresno
City Council, a legislative body and DOES 1-20, inclusive (The John Allen Company, LLC., a California
Limited Liability Company, and DOES 21-100, inclusive, Real Parties in Interest); Fresno Superior Court
No. 13CECG00807
Action Taken:
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AND MAY BE AMENDED AT ANYTIME
4. ICLOSED SESSION CONTINUED
B. CONFERENCE WITH LEGAL COUNSEL ❑DECIDING WHETHER TO INITIATE LITIGATION -
Government Code Section 54956.9, Subdivision (d)(4)
1. City of Fresno v. B1-66ER, LLC
Action Taken:
C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR- Government Code Section 54956.8
Property: Northeast corner of Blackstone and Shields
Negotiating Parties: City Manager Bruce Rudd
Under Negotiation: Price/terms of payment
Action Taken:
SCHEDULED COUNCIL HEARINGS AND MATTERS
10:00 A.M. HEARING to consider Rezone Application No. R-07-014 and related environmental findings, filed by
Lennar Communities, for the property located on the southwest corner of N. Temperance and E. Dakota
Avenues (Property located in District 4) ❑Development and Resource Management Department
Action Taken:
a. Consider and adopt the environmental finding of a Finding of Conformity with the 2025 Fresno
General Plan MEIR and Air Quality MND prepared for Environmental Assessment No. R-07-
014/T-5571
Action Taken:
b. BILL-Amending the Official Zone Map to rezone the subject property from the R-A/UGM
(Single Family Residential-Agricultural District/Urban Growth Management) zone district to the R-
1/UGM (Single Family Residential District/Urban Growth Management) zone district
Action Taken:
10:15 A.M. Adopt City of Fresno Design Guidelines for the California High Speed Rail Project (Property located in
Districts 1, 2 & 3) 1 1 Public Works Department
Action Taken:
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 [IL:I[D=❑FM IIAN❑F=❑❑O»❑❑1DFV1W❑:L VEL07=[[tl2 :[IF❑DN
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
Jan. 16- 2:00 P.M. HEARING to adopt resolutions and ordinance to annex territory and levy a
special tax regarding City of Fresno Community Facilities District No. 11, Annex
52 (Final Tract Map No. 6028) (Property located in District 4) (West side of N.
Armstrong Avenue between E. Ashlan and D Avenues)
Jan. 16- 2:15 P.M. HEARING to adopt resolutions and ordinance to annex territory and levy a special tax
regarding CFD No. 2, Annex 136 (Final Tract Maps No. 5567 and 5770) (east side of N.
Polk Avenue between W. Shields and Clinton Avenues)
Jan. 30- 10:00 A.M. CONTINUED PUBLIC HEARING to consider increasing water connection fees (Citywide) ❑
Department of Public Utilities
Jan. 30- 10:30 A.M. HEARING to form Underground Utility District FIRE ❑93 along Nees Avenue between Maple
Avenue and Hayston Avenue
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AND MAY BE AMENDED AT ANYTIME
UPCOMING EMPLOYEE CEREMONIES
Jan. 30 - 8:30 a.m. Employee of the Winter Quarter (Reception immediately following L 2"d floor foyer)
Apr. 9- (Weds)2:00 p.m. Presentation of Employee Service Awards (Reception immediately following 2"d floor foyer)
Apr. 24- 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)
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AND MAY BE AMENDED AT ANYTIME