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Home My WebLink About08-28-2014 Council AgendaThursday, August 28, 2014 1:30 PM 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 August 28, 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. AGENDA ITEMS MARKED WITH AN ASTERISK (*) ARE SUBJECT TO MAYORAL VETO OR RECONSIDERATION. Page 2 City of Fresno Printed on 8/25/2014 August 28, 2014City Council Meeting Agenda - Final-revised 1:30 P.M. ROLL CALL Invocation by Deacon Bill Lucido of St. Paul's Newman Center Pledge of Allegiance to the Flag Ceremonial Presentations Proclamation of “CHICANO HISTORY REVISITED”ID#14-332 Sponsors:City Councilmember Quintero Approve City Council Minutes Approval of City Council minutes from August 21, 2014ID#14-326 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 Automatic and Mutual Aid agreements between the City of Fresno, Fresno County Fire Protection District, California Department of Forestry, and Fire Protection Fresno-Kings Unit ID#14-174 Sponsors:Fire Department Reject all proposals responding to City’s Request for Qualification for Asset Management Services for Management of City Real Estate Assets - Bid File 060614 (Citywide) ID#14-222 Sponsors:Finance Department Page 3 City of Fresno Printed on 8/25/2014 August 28, 2014City Council Meeting Agenda - Final-revised RESOLUTION - of Intention to annex Final Tract Map No. 6063, Annexation No. 56, to the City of Fresno Community Facilities District No. 11 (near south corner of North Friant Road and East Copper Avenue) (Council District 6) ID#14-227 Sponsors:Public Works Department BILL NO. B-35 - (For adoption; introduced August 21, 2014) Amending the uncodified ordinance to adopt changes and additions to the official list of designated special speed zones for various streets within the City of Fresno pursuant to Section 14-1501 of the Fresno Municipal Code (Citywide) ID#14-233 Sponsors:Public Works Department Approve an Agreement with EMG Engineering and Environmental Consulting, of Walnut Creek, California in the amount of $38,860, with a contingency amount of $50,000 for a total fee of $88,860 to conduct the Facilities Condition Assessment (FCA) of the Municipal Service Center (MSC) buildings (Council District 3) ID#14-242 Sponsors:Public Works Department Request City Council approve the annual participation in the Federal Equitable Sharing Agreement Program for the disposition of funds forfeited in connection with a crime and authorizing the execution of related documents ID#14-248 Sponsors:Police Department Authorize the Chief of Police to enter into an agreement with Central Unified School District to provide two School Resource Officers at 100% of the actual officer’s cost, a police sergeant at 10% of the actual sergeant’s cost, plus administrative fees and the operation/maintenance costs of two patrol vehicles for a total of $267,483 ID#14-258 Sponsors:Police Department RESOLUTION - Approving the Final Map of Tract No. 5914 and accepting dedicated public uses offered therein -northeast corner of North Hayes Avenue and West Herndon Avenue (Council District 2) ID#14-274 Sponsors:Public Works Department Page 4 City of Fresno Printed on 8/25/2014 August 28, 2014City Council Meeting Agenda - Final-revised Adopt Resolution of the Council of the City of Fresno, California, authorizing submittal of grant applications for and acceptance of California Department of Resources Recycling and Recovery (CalRecycle), funding for all available grants for which the City of Fresno is eligible ID#14-278 Sponsors:Department of Public Utilities Approve Amendment No. 6 between the City and ERM-West, Inc. (ERM) to provide ongoing engineering, environmental, and remedial actions concerning groundwater contamination at Fresno Yosemite International Airport (FAT) for an amount not to exceed $72,700 ID#14-280 Sponsors:Airports Approve the Third Amendment to the Cooperative Agreement with the Fresno County Transportation Authority (FCTA) re-allocating funds in the amount of $241,000 from the construction phase to preliminary engineering phase of the Willow Avenue Widening Project, 0.25 miles south of Nees to Shepherd Avenue under the Measure “C” Tier 1 Program (Council District 6) ID#14-292 Sponsors:Public Works Department Approve a Cooperative Agreement in the amount of $303,658 with the Fresno County Transportation Authority (FCTA) for the Broadway Project Off-site Improvements under the Measure “C” Transit Oriented Development (TOD) Program (Council District 3) ID#14-293 Sponsors:Public Works Department Approve a Cooperative Agreement in the amount of $121,342 with the Fresno County Transportation Authority (FCTA) for the Met Block Project Off-site Improvements under the Measure “C” Transit Oriented Development (TOD) Program. (Council District 3) ID#14-294 Sponsors:Public Works Department Page 5 City of Fresno Printed on 8/25/2014 August 28, 2014City Council Meeting Agenda - Final-revised Authorize the Director of Aviation to execute a consultant services agreement with Kimley-Horn and Associates, Inc., Consulting Airport Engineers, to provide professional civil engineering consulting services for the rehabilitation/reconstruction of the west side terminal apron at Fresno Yosemite International Airport (FAT) in an amount not to exceed $485,000 ID#14-299 Sponsors:Airports Approve the appointment of Lawrence Garcia to the Planning Commission ID#14-319 Sponsors:Mayor's Office * BILL NO. B-36 - (For adoption; Introduced August 21, 2014) - Repealing Section 12-328 of the Fresno Municipal Code and adding Article 22 of Chapter 12 to the Fresno Municipal Code relating to outdoor dining ID#14-325 Sponsors:Development and Resource Management Department CONTESTED CONSENT CALENDAR 2. GENERAL ADMINISTRATION Approve an Agreement with VSCE in the amount of $2,199,691 for the construction management services on the City of Fresno Bus Rapid Transit Project (BRT) ID#14-209 Sponsors:Public Works Department Implementation of Fire Department Self-Inspection Program and Fire Inspection Policy Change Recommendations 1.* RESOLUTION - 1st amendment to the Position Authorization Resolution No. 2014-96 adding two (2) Fire Inspector positions to the Fire Department and two (2) Fire Inspector positions to the Development and Resource Management Department ID#14-247 Sponsors:Fire Department Page 6 City of Fresno Printed on 8/25/2014 August 28, 2014City Council Meeting Agenda - Final-revised Actions pertaining to the Herndon Avenue Widening from Brawley Avenue to Valentine Avenue, Bid File No. 3271 (Council District 2) 1.Approve a common use agreement between the City of Fresno and the Fresno Irrigation District (FID) for the installation of a multipurpose trail 2.Award a construction contract to Emmett’s Excavation Inc., of Fresno, California in the amount of $1,689,986 for the construction of Herndon Avenue widening from Brawley Avenue to Valentine Avenue ID#14-249 Sponsors:Public Works Department *RESOLUTION - Adopt the First Amendment to the FY15 Salary Resolution No. 2014-108, reducing benefits and increasing salary ranges for Unit 2 (unrepresented) employees; adding new classifica- tions of represented employees; modifying salaries to reflect change in minimum wage; additional technical changes1st Amendment to Salary Resolution No. 2014-108 ID#14-276 Sponsors:Personnel Services Department BILL - (For introduction) - Repealing and adding Section 4-111 of the Fresno Municipal Code relating to Project Labor Agreements ID#14-307 Sponsors:City Attorney's Office Approve the Third Amendment to Agreement with Sharp Inspection Group in the amount of $626,968 and extend the completion to April 27, 2015 for the construction management services on the City of Fresno Commercial Water Meter Retrofit Project (Citywide) ID#14-275 Sponsors:Public Works Department Page 7 City of Fresno Printed on 8/25/2014 August 28, 2014City Council Meeting Agenda - Final-revised * RESOLUTION of the Council of the City of Fresno Adopting the 2nd Amendment to the Annual Appropriation Resolution No. 2014-95 to appropriate $900,000 in the 2010 Water Revenue Bond A-1 Fund for the Acquisition of Permanent Pipeline Right-of-Way Easement and Temporary Construction Easements for the Construction of the Raw Water Pipeline from the Friant-Kern Canal to the Northeast Surface Water Treatment Facility (requires 5 affirmative votes) ID#14-279 Sponsors:Department of Public Utilities Approval of Amendment No. 2 to the Professional Consultant Agreement with CH2MHILL Engineers, Inc., for an amount not-to-exceed $6,900,000 for Fiscal Year (FY 2015) Program Management Services (Citywide) ID#14-255 Sponsors:Department of Public Utilities 3. CITY COUNCIL 4. CLOSED SESSION JOINT CLOSED SESSION of the City of Fresno and the Successor Agency to the Redevelopment Agency of the City of Fresno and the Fresno Revitalization Corporation CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Government Code Section 54956.9, Subdivision (d)(1) 1.City of Fresno v. Raps Fresno LLC, et al. (Hotel Fresno); Case No. 05 CE CG 01744 MS ID#14-176 Sponsors:City Attorney's Office Page 8 City of Fresno Printed on 8/25/2014 August 28, 2014City Council Meeting Agenda - Final-revised CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Case Name:Luis Sanchez, et al. v. City of Fresno, et al. United States District Court Case No. 12-CV00428 LJO-SKO ID#14-321 Sponsors:City Attorney's Office CONFERENCE WITH LABOR NEGOTIATOR - Government Code Section 54957.6 City Negotiator(s): Jeffrey Cardell, Ken Phillips Employee Organization(s): City of Fresno Management Employees Association (CFMEA) City of Fresno Professional Employees Association (CFPEA) IUOE, Stationary Engineers, Local 39 (L39) Fresno City Employees Association (FCEA) Fresno Police Officers Association (FPOA Basic) International Association of Firefighters, Local 753 (Fire Basic) Amalgamated Transit Union, Local 1027 (ATU) International Brotherhood of Electrical Workers, Local 100 (IBEW) Fresno Police Officers Association (FPOA Management) International Association of Firefighters, Local 753 (Fire Mgmt.) Fresno Airport Public Safety Supervisors (FAPSS) ID#14-323 Sponsors:Personnel Services Department CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Government Code Section 54956.8 Property: Fresno Irrigation District property along Herndon Canal between McKinley Ave and Millbrook Ave Negotiating Parties: City Manager Bruce Rudd Under Negotiation: Terms and Conditions of Property Acquisition ID#14-330 Sponsors:City Attorney's Office Page 9 City of Fresno Printed on 8/25/2014 August 28, 2014City Council Meeting Agenda - Final-revised 5. SCHEDULED COUNCIL HEARINGS AND MATTERS 2:00 P.M. Scheduled Communication Appearance by Ike Gerwal to request Council approve a fee reduction for the use of the Convention Center ID#14-304 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 Successor Agency to the Redevelopment Agency of the City of Fresno and Fresno Revitalization Corporation (FRC) consider adopting: 1.RESOLUTION - Approving the Recognized Obligation Payment Schedule for January - June, 2015 (14-15B) ID#14-308 Sponsors:Successor Agency to the Redevelopment Agency Consider Property Disposition Guidelines of the Oversight Board of the Successor Agency to the Redevelopment Agency of the City of Fresno ID#14-309 Sponsors:Successor Agency to the Redevelopment Agency JOINT MEETING ADJOURNMENT 4:00 P.M. Scheduled Matter Resolution of the Council of the City of Fresno requesting action by Congress on Pending Water Legislation ID#14-320 Sponsors:Mayor's Office 6:00 P.M. Hearing HEARING to consider Site Plan Review Application No. S-13-047 and related environmental assessment for the property located on the west side of North Hughes Avenue between West Nielson and West Belmont Avenues (District 3) a.Consider and adopt the environmental finding of a Mitigated Negative Declaration prepared for Environmental Assessment No. S-13-047 for the purpose of the proposed ID#14-297 Page 10 City of Fresno Printed on 8/25/2014 August 28, 2014City Council Meeting Agenda - Final-revised project b.RESOLUTION - Granting appeal and approving Site Plan Review Application No. S-13-047 requesting authorization to construct a 53,787 square foot metal building to be used as a chemical warehouse (Brenntag Pacific, Inc.), a portion of which will be used as a 3,000 square foot shipping office and a 181 square foot front entry canopy, in addition to, two detached storage canopies (2,000 and 2,500 square feet) and twelve external storage tanks with their appropriate containment slabs Sponsors:Development and Resource Management 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 SCHEDULED COUNCIL HEARINGS AND MATTERS Oct. 2 10:00 A.M. HEARING re: CFD No. 11, Tract Map #6063 - south corner of N. Friant Rd and E. Copper Oct. 23 10:00 A.M. HEARING adopting resolution ordering the vacation of a portion of the northwest side of Stanislaus Street northeast of Fulton Street, a portion of the northeast side of Fulton Street northwest of Stanislaus Street, and a portion of the Fulton-Van Ness Alley northwest of Stanislaus Street (Council District 3) UPCOMING EMPLOYEE CEREMONIES Oct 2 8:30 A.M. Employee of the Fall Quarter (Reception immediately following - 2nd Page 11 City of Fresno Printed on 8/25/2014 August 28, 2014City Council Meeting Agenda - Final-revised floor foyer) Oct. 22 (Weds) 2:00 P.M. Presentation of Employee Service Awards (Reception immediately following - 2nd floor foyer) Page 12 City of Fresno Printed on 8/25/2014