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Home My WebLink About07-17-2014 Council Agenda AmendedThursday, July 17, 2014 8:30 AM City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Council Chambers City Council Council President - Steve Brandau Acting President - Oliver Baines, III Councilmembers: Lee Brand, Paul Caprioglio, Clinton J. Olivier, Sal Quintero, Blong Xiong City Manager - Bruce Rudd City Attorney - Douglas T. Sloan City Clerk - Yvonne Spence, CMC Meeting Agenda - Final-revised Regular Session July 17, 2014City Council Meeting Agenda - Final-revised 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 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 Printed on 7/16/2014 July 17, 2014City Council Meeting Agenda - Final-revised 8:30 A.M. ROLL CALL Invocation by Henry Pauls of the Central Community Church Pledge of Allegiance to the Flag Ceremonial Presentations: Presentation of the SPCA Pet of the Month - Councilmember BrandID#14-149 Sponsors:City Councilmember Brand Cooling Centers: PG&E check presentationID#14-141 Sponsors:City Councilmember Brand Presentation of a Certificate of Recognition to Xavier Richards - Councilmember Baines Presentation of a Certificate of Recognition to Ruby Herr - Councilmember Xiong Presentation of a Certificate of Recognition to Justin Grenier - Councilmember Caprioglio ID#14-164 Sponsors:City Councilmember Baines and City Councilmember Caprioglio Proclamation of “ THE TERRACES AT SAN JOAQUIN GARDENS DAY”ID#14-144 Sponsors:City Councilmember Caprioglio Approve Council minutes of June 19 and 26, 2014 Approve Successor Agency minutes of June 26, 2014 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. Page 3 City of Fresno Printed on 7/16/2014 July 17, 2014City Council Meeting Agenda - Final-revised RESOLUTION - Of Intention to annex Final Tract Map No. 6073, Annexation No. 54, to the City of Fresno Community Facilities District No. 11 (north side of East Church Avenue between South Chestnut and Peach Avenues) (Council District 5) ID#14-066 T6073 Annex54 Location Map.pdf T6073 Annex54 Feature.pdf T6073 Annex54 ROI Reso.docx T6073 Annex54 ROI Exhibit A.pdf T6073 Annex54 ROI Exhibit B.pdf T6073 Annex54 ROI Exhibit C Descrip Services.docx T6073 Annex54 ROI Exhibit D RMA.docx Attachments: *BILL NO. B-29 (Intro. June 26, 2014) (For Adoption) Amending Section 1204.508-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. (Citywide Application) - Development and Resource Management Department and Fresno Fire Department ID#14-082 Sponsors:Development and Resource Management Department Ordinance.pdfAttachments: Actions pertaining to a lease agreement for the office space located at 5051-5059 E. McKinley (Council District 4) - Police Department 1.Adopt a finding of Categorical Exemption pursuant to Article 19, Section 15301/Class 1 (existing facilities) of the California Environmental Quality Act (“CEQA”) Guidelines for the continued lease of office spaces located at 5051-5059 E. McKinley 2.Authorize the Chief of Police to execute a five-year lease agreement with HR, LLC, a California limited liability company, to lease property for Special Investigation Bureau offices located at 5051-5059 E. McKinley ID#14-100 SIB Lease 2014 -2019(final).pdfAttachments: Approve the First Amendment to the Services Agreement between the City of Fresno and Community Media Access Collaborative (CMAC) to increase video production service hours in the amount of $27,000 annually ID#14-113 Sponsors:Information Services Department CMAC First Amendment to Service Agreement\.pdf CMAC Service Agreement.pdf Attachments: Page 4 City of Fresno Printed on 7/16/2014 July 17, 2014City Council Meeting Agenda - Final-revised RESOLUTION - Approving the Final Map of Tract No. 6004 and accepting dedicated public uses offered therein - southeast corner of North Maple Avenue and East Copper Avenue (Council District 6) ID#14-117 Sponsors:Public Works Department Resolution - Tract 6004.pdf Final Map of Tract 6004.pdf Attachments: Actions pertaining to a lease agreement for hangar facility and ramp space at Fresno Chandler Executive Airport (FCH) (Council District 3) - Airports Department 1.Adopt a finding of Categorical Exemption pursuant to Article 19, Section 15301(a) and (d)/Class (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines to authorize Lease with William Newburn dba Pacific Coast Aero Marine Repair at FCH 2.Approve a lease between the City and William Newburn dba Pacific Coast Aero Marine Repair ID#14-124 Sponsors:Airports 7-17-14_Pac Coast Aero Marine_SitePlan_Attachmt 7-17-14_Pac Coast Aero Marine_Lease_Attachmt Attachments: Actions pertaining to grant funding from the State of California Alcoholic Beverage Control (“ABC”) - Police Department 1.RESOLUTION - Authorizing acceptance of $70,000 in grant funding from the State of California Alcoholic Beverage Control (“ABC”), authorize the Chief of Police to enter into and execute the agreement and all program required documents 2.*RESOLUTION - 1st amendment to the Annual Appropriation Resolution (AAR) No. 2014-95 appropriating $70,000 for the Police Department’s ABC Enforcement Program (Requires 5 affirmative votes) ID#14-136 AAR - 15 1st ABC HJF ABC contract 2015 ABC FY 15 Resolution FINAL Attachments: *BILL NO. B-27 (Intro. June 26, 2014) (For Adoption) - 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 ID#14-140 Sponsors:Department of Public Utilities Ordinance.pdfAttachments: Page 5 City of Fresno Printed on 7/16/2014 July 17, 2014City Council Meeting Agenda - Final-revised Award a contract in the amount of $411,751 to Kimley-Horn and Associates, Inc. for design and engineering services for Bus Rapid Transit (BRT) station area enhancements associated with the Bus and Bus Livability Grant - Bid File No. 100413JD ID#14-086 Council Report Re KH Bus Livability K rev 5-13-14 final 071714 Council Report Van Ness - SCOPE OF SERVICES 061614 Attachments: CONTESTED CONSENT CALENDAR 2. GENERAL ADMINISTRATION Enter into a contract for budget software and services in the amount of $488,143 for an initial one (1) year set up of software and an ongoing maintenance agreement with Sherpa Government Solutions LLC of Denver, Colorado - Finance Department ID#14-121 9267CMemo v5.2 Committee Report.docx Copy of 9267BudgetSoftware ver3.xls Attachments: Page 6 City of Fresno Printed on 7/16/2014 July 17, 2014City Council Meeting Agenda - Final-revised 3. CITY COUNCIL Council Boards and Commissions Communications, Reports, Assignments and/or Appointments, Reappointments, Removals to/from City and non-City Boards and Commissions: 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 ID#14-150 Sponsors:City Clerk's Office Page 7 City of Fresno Printed on 7/16/2014 July 17, 2014City Council Meeting Agenda - Final-revised Designation of one (1) voting delegates and up to two (2) alternates for the League of California Cities Annual Conference to be held September 3 - 5, 2014 ID#14-145 Sponsors:City Councilmember Brandau League of Cities Staff Report Voting Delegate Letter 2014 Attachments: 4. 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. 13CECG03080, 5th District Court of Appeal No. F069296 Related Matter: Doug Vagim, et al. v. City of Fresno, et al.; Fresno Superior Court No. 13CECG03206 ID#14-163 Sponsors:City Attorney's Office 5. SCHEDULED COUNCIL HEARINGS AND MATTERS 9:30 AM - Actions Pertaining to the Sufficiency of Initiative Petition Regarding Resolution Nos. 2013-143 and 2013-144 that Adopted a Four Year Water Rate Plan and Required Council Action. a.RESOLUTION - Accepting the City Clerk’s Certificate of Sufficiency for the Initiative Petition b.Take one of the following actions: 1.RESOLUTION - Referring the proposed initiative measure to staff for a report pursuant to Election Code Section 9212; or 2.BILL - (For Introduction) - Repealing Resolution No. 2013-143 ratifying the Proposition 218 process and adopting the Four Year Water Rate Plan, and Resolution No. 2013-144 amending the Master Fee Schedule adjusting the water rates according to Proposition 218; or 3.RESOLUTION - Submitting to voters a ballot measure relating to Resolution Nos. 2013-143 and 2013-144 that adopted the Four Year Water Rate Plan, for the November 4, 2014 general election. ID#14-154 Reso Placement of Water Initiative on Ballot Supplement 1 Attachments: SCHEDULED COMMUNICATION Page 8 City of Fresno Printed on 7/16/2014 July 17, 2014City Council Meeting Agenda - Final-revised 9:55 A.M. Appearance by Rick Morse to discuss the City of Fresno Medical Marijuana Ordinance ID#14-148 Rick Morse.pdfAttachments: 10:00 A.M. HEARING to consider formation of Underground Utility District No. FRE-93 on the north side of Nees Avenue from Maple Avenue to Hayston Avenue (Council District 6) 1.RESOLUTION - Establishing Underground District No. FRE-93 along the north side of Nees Avenue from Maple Avenue to Hayston Avenue ID#14-128 Sponsors:Public Works Department Resolution - FRE93.pdfAttachments: 10:15 AM - HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding City of Fresno Community District No. 11, Annexation No. 55 (Final Tract Map No. 5531) (east side of S. Armstrong Avenue south of the San Joaquin Valley Railroad) (Council District 5) 1.RESOLUTION - Annexing Territory to Community Facilities District No. 11 and authorizing the levy of a special tax 2.RESOLUTION - Calling Special Mailed-Ballot Election 3.RESOLUTION - Declaring Election Results 4.*BILL - (For introduction and adoption) - Levying a Special Tax for the Property Tax Year 2013-2014 and Future Tax Years Within and Relating to Community Facilities District No. 11, Annexation No. 55, Final Tract Map No. 5531 ID#14-065 T5531 Annex55 Location Map.pdf T5531 Annex55 Feature Map.pdf T5531 Annex55 HRG ANNX-LEVY Reso.docx T5531 Annex55 ROI Exhibit A Descrip Services.docx T5531 Annex55 ROI Exhibit B RMA.docx T5531 Annex55 HRG CALL ELECTION Reso.docx T5531 Annex55 HRG ELECTION RESULTS Reso.docx T5531 Annex55 HRG ORDINANCE.docx Attachments: 10:30 AM - WORKSHOP relating to Bicycle, Pedestrian and Trails Master Plan ID#14-126 Sponsors:Public Works Department Page 9 City of Fresno Printed on 7/16/2014 July 17, 2014City Council Meeting Agenda - Final-revised 10:45 AM - Consider an appeal filed by Councilmember Caprioglio, appealing the Planning Commission’s action to approve Vesting Tentative Tract Map No. 6033, Conditional Use Permit No. C-13-092 and related environmental findings, by Jeffrey T. Roberts of Granville Homes, Inc., for property located on the northeast corner of North Fowler and East Clinton Avenues (Council District 4) (Continued - Time and date to be determined) ID#14-108 Sponsors:City Councilmember Caprioglio Supplement 1Attachments: 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 SCHEDULED COUNCIL HEARINGS AND MATTERS June 26 10:00 A.M HEARING to consider the proposed annual assessments for Landscaping and Lighting Maintenance District No.1 (Citywide) Aug. 21 2:00 P.M. HEARING re: Final Tract Map No. 6073 annexed to CFD No. 11: North side of E. Church Avenue between S. Chestnut and Peach Avenues (Council District 5) UPCOMING EMPLOYEE CEREMONIES July 31 8:30 a.m. Employee of the Summer Quarter (Reception immediately following - 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 immediately following - 2nd floor foyer) Page 10 City of Fresno Printed on 7/16/2014