HomeMy WebLinkAbout02-27-2014 Action Agenda.pdfCity 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
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The City Council welcomes you to the Council Chambers, located in City Hall, 2nd Floor, 2600 Fresno Street, Fresno CA 93721.
February 27, 2014
1:30 P.M. ROLL CALL
Invocation by Chief of Staff Gregory Barfield
Pledge of Allegiance to the Flag
Ceremonial Presentations:
Presentation of the American Society of Civil Engineers Award – Mayor’s Office - Presented
Proclamation of “MULTIPLE SCLEROSIS AWARENESS WEEK” - Councilmember Brand – Read and presented
Proclamation of “RECOGNITION OF NATIONAL NUTRITION MONTH” – Councilmember Brand –
Read and presented 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. In situations where more than 20 people wish to speak, the Presiding Officer may limit
testimony to one and one half minutes per person and the total length of the public comment
period. (Council R. Pro. 10.c.1(c).) If you would like to speak fill out a Speaker Request Form
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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.
Approve Council minutes of February 13, 2014
Action Taken: Approved, as submitted
Approve Successor Agency minutes of February 6 and February 13, 2014 Action Taken: Approved, as submitted
Approve FRC minutes of February 13, 2014
Action Taken: Approved, as submitted
Councilmember Reports and Comments Action Taken: Made
Approve Agenda
Action Taken: Approved, as amended Adopt Consent Calendar
Action Taken: Adopted
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 new manhole access sewer structures (Property located in
Council District 3 and parts of Fresno County) – Department of Public Utilities
1. Adopt a finding of Class 3 and 4 Categorical Exemptions, pursuant to Section
15303(d) (new construction or conversion of small structures) and 15304(f) (minor alterations to land) of the California Environmental Quality Act Guidelines
Action Taken: Adopted
2. Award a $108,500 construction contract to Floyd Johnston Construction Company,
Inc. of Clovis, California Action Taken: Awarded
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1. CONSENT CALENDAR CONTINUED
B. RESOLUTION - Of Intention to annex Final Tract Map No. 6044, Annexation No. 53, to
the City of Fresno Community Facilities District No. 11; and to authorize the levy of special taxes and setting the public hearing for March 27, 2014 at 10:30 a.m. (northeast
corner of N. Garfield and W. Barstow Avenues) (Property located in District 2) - Public
Works Department
Action Taken: Resolution No. 2014-32 adopted C. RESOLUTION - Ordering the summary vacation of the ten foot wide public utility easement (PUE) along the north side E. Clubhouse Drive, east of N. Alicante Drive, in
Tract No. 5973 (Property located in District 6) - Public Works Department
Action Taken: Resolution No. 2014-33 adopted
D. Approve a cooperative agreement for a maximum City contribution of $106,700 with the County of Fresno to install bicycle lanes on Cedar Avenue between McKinley Avenue to
Clinton Avenue (Property located in District 7) – Public Works Department
Action Taken: Removed from the agenda
E. BILL – (For introduction) - Repealing Sections 11-601, 11-607, 11-625, and 11-632 of Article 6, Chapter 11 of the Fresno Municipal Code, and adding Sections 11-601, 11-
607, 11-625, and 11-632 of Article 6, Chapter 11 of the Fresno Municipal Code relating
to Floodplain Regulations – Development and Resource Management Department Action Taken: Bill No. B-9 introduced/laid over
CONTESTED CONSENT CALENDAR
2. GENERAL ADMINISTRATION
A. WORKSHOP relating to Measure “C” Transit Oriented Development (TOD) funding and
downtown projects — City Manager’s Office - Held
B. RESOLUTION - Authorizing the submission of applications for grants of $533,457 for capital improvement projects in the Cultural Arts District in Downtown Fresno under the
Fresno County Measure “C” Transit Oriented Development (TOD) Program and
authorizing the execution of application-related documents by the City Manager or
designee - City Manager’s Office Action Taken: Resolution No. 2014-37 adopted
C. Actions pertaining to the professional consulting services associated with the
development of a comprehensive transit operations and maintenance facility master plan
– Transportation Department 1. Approve a consultant agreement in the amount of $303,277 with Maintenance Design Group, LLC, a Colorado limited liability company, for the development of a
comprehensive Facility Assessment and Master Capital Plan
Action Taken: Approved
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2. GENERAL ADMINISTRATION CONTINUED
D. Actions pertaining to the professional consulting services associated with the downtown passenger shelter, engineering and design – Transportation Department 1. Approve a consultant agreement in the amount of $148,869 with Siegfried
Engineering Inc., a California corporation, for design and engineering services for
passenger shelters at various locations in the downtown area Action Taken: Approved
E. Actions pertaining to the Downtown Planting and Irrigation Project (Property located in
Districts 3 and 7) - Public Works Department
1. Adopt finding of a Categorical Exemption per staff determination, pursuant to
Sections 15301, 15303 and 15304 of the CEQA guidelines, for the downtown planting and irrigation project
Action Taken: Adopted
2. Award a construction contract to Naturescapes of San Jose, CA in the amount of
$549,978.25 for the downtown planting and irrigation project Action Taken: Awarded
F. RESOLUTION – Approving the application for and acceptance of up to $1,000,000 in
Sustainable Communities Planning Grant and Incentive Program Grant funds from the
State of California Strategic Growth Council and authorizing execution of documents –
Development and Resource Management Department Action Taken: Resolution No. 2014-38 adopted
G. BILL – (For introduction) - Consider Text Amendment Application No. TA-13-006 and
related environmental finding for Environmental Assessment No. TA-13-006 relating to the
use of outdoor dining areas, including within street easements and rights-of-way, without requiring a special permit for certain uses – Development and Resource Management
Department
Action Taken: Bill No. B-13 introduced/laid over
3. CITY COUNCIL
4. CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION - Government Code Section 54956.9, Subdivision (d)(1)
1. City of Fresno & Successor Agency to the Redevelopment Agency of the City of
Fresno v. State of California et al. (Re: Successor Agency, etc. housing asset
transfers); Sacramento County Superior Court Case No. 34-2013-80001450 Action Taken: Held
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SCHEDULED COUNCIL HEARINGS AND MATTERS
10:00 A.M. HEARING to consider Plan Amendment Application Nos. A-13-004 & A-13-005, Rezone Application Nos. R-13-011 & R-13-012, and related Environmental Finding for property located on the northwest and northeast corners of N. Hayes and W. Herndon
Avenues (Property located in District 2) – Development and Resource Management
Department (Continue to 1:30 p.m.) Action Taken: Continued as noted
10:10 A.M. HEARING to consider Plan Amendment No. A-13-006, Rezone Application No. R-13-
013, and related Environmental Assessment for property located on the east side of N.
Polk Avenue between W. Corona and N. Dante Avenues (Property located in District 2) – Development and Resource Management Department (Continue to 1:40 p.m.) Action Taken: Continued as noted
1:30 P.M. CONTINUED HEARING to consider Plan Amendment Application Nos. A-13-004 & A-
13-005, Rezone Application Nos. R-13-011 & R-13-012, and related Environmental Finding for property located on the northwest and northeast corners of N. Hayes and
W. Herndon Avenues (Property located in District 2) – Development and Resource
Management Department
Action Taken: Held a. Consider the environmental finding of Environmental Assessment No. A-13- 004/A-13-005/R-13-011/R-13-012/C-13-098/C-13-099/T-6052/T-6053, a finding of a Mitigated Negative Declaration, dated December 20, 2013
Action Taken: Considered
b. RESOLUTION—Approving Plan Amendment Application No. A-13-004 to
amend the 2025 Fresno General Plan and the Bullard Community Plan for ± 13.26 net acres of property located on the northwest corner of N. Hayes and W. Herndon Avenues from the neighborhood commercial planned land use to
the medium density residential planned land use designation
Action Taken: Resolution No. 2014-34 adopted c. RESOLUTION—Approving Plan Amendment Application No. A-13-005 to amend the 2025 Fresno General Plan and the Bullard Community Plan for ±
4.30 net acres of property located on the northeast corner of N. Hayes and
W. Herndon Avenues from the office commercial planned land use to the
medium-low density residential planned land use designation Action Taken: Resolution No. 2014-35 adopted d. BILL— (For introduction and adoption) - Amending the Official Zone Map to
reclassify ± 13.26 net acres of property located on the northwest corner of N.
Hayes and W. Herndon Avenues from the C-1/EA/UGM/cz (Neighborhood
Shopping Center/ Expressway Area Overlay/Urban Growth
Management/conditions of zoning) zone district to the R-1/EA/UGM (Single Family Residential/Expressway Area Overlay/Urban Growth Management) zone district
Action Taken: Bill No. B-10/Ordinance No. 2014-12 adopted
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SCHEDULED COUNCIL HEARINGS AND MATTERS CONTINUED e. BILL— (For introduction and adoption) - Amending the Official Zone Map to reclassify ± 4.30 net acres of property located on the northeast corner of N.
Hayes and W. Herndon Avenues from the C-P/EA/UGM/cz (Administrative and
Professional Office/Expressway Area Overlay/Urban Growth
Management/conditions of zoning) zone district to the R-1/EA/UGM (Single Family Residential/Expressway Area Overlay/Urban Growth Management) zone district
Action Taken: Bill No. B-11/Ordinance No. 2014-13 adopted
1:40 P.M. CONTINUED HEARING to consider Plan Amendment No. A-13-006, Rezone
Application No. R-13-013, and related Environmental Assessment for property located
on the east side of N. Polk Avenue between W. Corona and N. Dante Avenues
(Property located in District 2) – Development and Resource Management
Department (Continue to 1:40 p.m.) Action Taken: Held
a. Consider the environmental finding of Environmental Assessment No. A 13-
006/R-13-013/C-13-151/T-6054, a finding of a Mitigated Negative Declaration,
dated December 20, 2013 Action Taken: Considered b. RESOLUTION – Approving Plan Amendment Application No. A-13-006 to
amend the 2025 General Plan and Bullard Community Plan for 9.27 net acres
of property located on the east side of N. Polk Avenue between W.
Corona and N. Dante Avenues from the Medium High Density Residential
land use designation to the Medium Density Residential planned land use designation
Action Taken: Resolution No. 2014-36 adopted
c. BILL - (For introduction and adoption) - Amending the Official Zone Map to
reclassify 9.27 net acres of property located on the east side of N. Polk Avenue
between W. Corona and N. Dante Avenues property from the R-2/UGM (Low Density Multiple Family Residential/Urban Growth Management) zone district to
the R-1/UGM (Single Family Residential/Urban Growth Management) zone
district
Action Taken: Bill No. B-12/Ordinance No. 2014-14 adopted
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SCHEDULED COUNCIL HEARINGS AND MATTERS CONTINUED
5:00 P.M. HEARING to consider approvals related to the Proposed Fulton Mall Reconstruction Project (Property located in District 3) – City Manager’s Office, Public Works Department and Development and Resource Management Department
Action Taken: Held
1. Consideration of Plan Amendment Application No. A-13-008 and certification of
the related Environmental Impact Report (EIR) SCH No. 2013101046 filed by Jennifer K. Clark, Development and Resource Management Director, on behalf of the City of Fresno, pertaining to 7.18± acres of property located on the Fulton Mall
in downtown Fresno:
a. RESOLUTION – Certifying Final Environmental Impact Report (EIR) No. SCH
2013101046 for Plan Amendment Application No. A-13-008 and the Fulton Mall Reconstruction Project; and, i. Adopting Findings of Fact as required by Public Resources Code, section
21081(a) and CEQA Guidelines, Section 15091; and
ii. Approving a Mitigation Monitoring Program as required by Public Resources
Code, section 21081.6 and CEQA Guidelines, section 15097; and iii. Adopting the Statement of Overriding Considerations as required by Public Resources Code, Section 21081(b) and CEQA Guidelines, Section 15093
Action Taken: Resolution No. 2014-39 adopted
b. RESOLUTION – Approving Plan Amendment No. A-13-008 to:
i. Amend the 2025 Fresno General Plan Land Use Element to remove the Open Space/Pedestrian Mall land use designation of the Fulton Mall;
ii. Amend the Circulation Element to designate the portions of Fulton Street,
Kern Street, Mariposa Street, and Merced Street (collectively known as the
Fulton Mall) to the local street designation; and
iii. Amend the Central Area Community Plan (“CACP”) to modify the sections of the CACP that discuss the Fulton Mall accordingly
Action Taken: Resolution No. 2014-40 adopted
2. BILL- (For Introduction) - Repealing Section 14-1803, amending Subsection (d)
of Section 10-105, Subsection (b) and (c) of Section 12-1711, Subsection (f) of
Section 14-1801, Section 14-1802, Section 14-1806 of, and adding Subsection (g) to, the Fresno Municipal Code, relating to the removal of references to the Fulton Mall in the code and removal of Fulton Mall from Pedestrian Mall No. 1
Action Taken: Bill No. B-14 introduced/laid over
3. RESOLUTION - Selecting Project Option 1 as the City’s preferred build alternative Action Taken: Resolution No. 2014-41 adopted 4. RESOLUTION – Authorizing the Public Works Director to take actions necessary
to secure funding for the construction of the Project:
a. Execute in substantially the form attached, subject to approval as to form by the
City Attorney, a Transportation Investment Generating Economic Recovery
(TIGER) grant agreement with the Federal Highway Administration for the use of TIGER construction grant funding in the amount of $15,924,620 for the
Project;
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SCHEDULED COUNCIL HEARINGS AND MATTERS CONTINUED
b. Execute in substantially the form attached, subject to approval as to form by the
City Attorney, a project oversight agreement with the Federal Highway Administration enabling the use of TIGER construction funding; and
c. Apply for, and negotiate and execute cooperative agreements for use of,
$1,800,000 in Measure C Transit Oriented Development (TOD) funds for
construction of the Project Action Taken: Resolution No. 2014-42 adopted
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
Mar. 27 - 10:00 A.M. CONTINUED PUBLIC HEARING to consider increasing water connection fees (Citywide) – Department of Public Utilities Mar. 27 - 10:30 A.M. HEARING to consider Final Tract Map No. 6044 annexed to CFD No. 11
June 19 – 2:00 P.M. HEARING to form Underground District FRE – 93 along Nees Avenue between Maple Avenue and
Hayston Avenue UPCOMING EMPLOYEE CEREMONIES
Apr. 9 - (Weds) 2:00 p.m. Presentation of Employee Service Awards (Reception immediately following – 2nd floor foyer) Apr. 24 - 8:30 a.m. Employee of the Spring Quarter (Reception immediately following – 2nd floor foyer) 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)
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