City Council Agenda
Council President
Blong Xiong
Councilmembers
Brian Calhoun, Ph.D.
Paul Caprioglio
Mike Dages
Jerr
y Duncan
Henry T. Perea
Cynthia A. Sterling – Acting President
City Manager City Clerk Cit y Attorney Andrew T. Souza Rebecca E. Klisch, CMC James C. Sanchez The meeting room is accessible to the physically disabled, and the services of a translator can be made available. Requests for additional accommodations for the disabled, signers, assistive listening devices, or translators should be made one week prior to the meeting. Please call City Clerk’s Office at 621-7650.
The City Council welcomes you to the Council Chambers, located in City Hall, 2nd Floor, 2600 Fresno Street, Fresno CA 93721.
July 22, 2008
8:30
A.M. ROLL CALL
Invocation by
Rabbi Zirkind of the Chabad of Fresno
Pledge of Allegian
ce to the Flag
Ceremonial Presentation
2nd Quarter “Make a Promotion a Commotion” Ceremony (Reception immediately following – 2nd floor foyer) - Held 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 Cable Channel 96 from 8:30 a.m. and re-played beginning at 8:00 p.m.
PROCESS: For each matter considered by the Council th ere will first be a staff pr esentation followed by a presentation from the involved individua ls, if present. Testimony from those in attendance will then be taken.
All testimony will be limited to three minutes per person. If you would lik e to speak fill out a Speaker Request Form available from the City Clerk’s Office and in th e 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.
July 22, 2008 *SUBJECT TO MAYOR’S VETO OR RECONSIDERATION Page 1
AND MAY BE AMENDED AT ANYTIME
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 minutes of July 15, 2008
Action Taken: Approved
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 routin e 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 immediately following.
A. RESOLUTION - Approving the summary vacation of a portion of the water main easement at the northwest corner of Cedar and Nees Avenues (Property located in District No. 6) – Public Works Dept.
Action Taken:
Resolution No. 2008-178 adopted
B. Award a requirements contract to Asphalt Maintenance Co. of California for the amount of $1,752,316.00 for the application of slurry seal on various City streets – Public Works Department Action Taken:
Awarded
C. * RESOLUTION - 2nd amendment to AAR No. 2008-162 appropriating $6,342,600 in Federal and State grants to construct traffic signal synchronization improvements (Requires 5 affirmative votes) – Public Works Dept.
Action Taken: Resolution No. 2008-179 adopted
D. ITEM REMOVED FROM THE AGENDA
E. * Approve first amendment to agreement with Provost & Pritchard Engineering Group Incorporated, to expand engineering services to include the design of an onsite spill basin, feasibility study for a hydropower generation plant, and Site Master Plan for the Surface Water Treatment Facility – Dept. of Public Utilities Action Taken: Approved
F. Authorize a joint agreement and acceptance of the Byrne Justice Assistance Grant Program from the U.S.
Department of Justice, Bureau of Justice for $155,907 for the City and the County of Fresno, and the execution of all related documents – Police Department
Action Taken: Authorized
G. * Approve and authorize the Police Chief to enter into gang prevention service contracts with 1) Assessment, Training & Research Associates for clinical assessments for an amount not to exceed $93,600 per year; 2) Comprehensive Youth Services of Fresno, Inc., for clinical assessments for an amount not to exceed $46,800 per year; and 3) Clinical Consultants for clinical assessments for an amount not to exceed $46,800 per year – Police Department
Action Taken: Approved
July 22, 2008 *SUBJECT TO MAYOR’S VETO OR RECONSIDERATION Page 2
AND MAY BE AMENDED AT ANYTIME
1. CONSENT CALENDAR CONTINUED
H. * RESOLUTION - 1 amendment to PAR No. 2008-163 adding nine (9) positions to the Police Department for active monitoring of video policing cameras – Police Department st
Action Taken: Resolution No. 2008-180 adopted
I. Authorize acceptance of the grant award of $400,000 from the Governor’s Office of Emergency Services (OES) Cal-Grip, Gang Reduction, Intervention and Prevention Program and authorize the Chief of Police to enter into and execute the agreement, all required program documents – Police Department Action Taken: Authorized
1. * RESOLUTION – 2nd amendment to PAR No. 2008-163 adding two (2) permanent part-time Staff Assistant positions
Action Taken: Resolution No. 2008-181 adopted
J. Approve the reappointment of Shari Boggess to the Civil Service Board – Mayor’s Office Action Taken: Approved
K. * Award a contract in the amount of $127,616.28 to Kayco Composites, LLC of Grande Prairie TX to furnish and install an ice floor cover at Selland Arena – General Services Department Action Taken: Awarded
L. * RESOLUTION - 3rd amendment to AAR No. 2008-162 appropriating $160,000 in the Parks, After School, Recreation and Community Services Department (PARCS) for the preparation of an environmental assessment and public participation for the future extension of the Lewis S. Eaton Trail (Requires 5 affirmative votes) - PARCS
Action Taken: Resolution No. 2008-182 adopted
M. * Approve consulting agreement with Blair, Church, and Flynn to provide professional civil engineering consulting services on demand for the Department of Airports in an amount not to exceed $150,000 – Airports Department Action Taken: Approved
N. * Approve consulting agreement with DPG Engineering, Inc to provide professional electrical engineering services on demand for the Department of Airports in an amount not to exceed $100,000 – Airports Department Action Taken:
Approved
O. * Approve consulting agreement with Kleinfelder West to provide professional quality assurance testing and inspection services on demand for the Department of Airports in an amount not to exceed $150,000 – Airports Dept.
Action Taken: Approved
P. * Approve consulting agreement with BSK and Associates to provide quality assurance testing and inspection services on demand for the Department of Airports in an amount not to exceed $150,000 – Airports Dept.
Action Taken: Approved
Q. Approve Side Letter of Agreement with International Union of Operating Engineers, Stationary Engineers, Local 39 (L39), providing vacation days in resolution of a Memorandum of Understanding (MOU) reopener – Personnel Services Department
Action Taken: Approved
R. BILL – (For introduction) – Amending the official list of designated special speed zones designating speed limits for various streets within the City of Fresno pursuant to Section 14-1501 of the Fresno Municipal Code – Public Works Department
Action Taken: Bill No. B-48 introduced/laid over
S. BILL – (For introduction) - Amending Section 6-202, Subsections (c), (f), (g) and (i) of Section 6-205, Section 6-208 and Section 6-209 of the Fresno Municipal Code, relating to the solid waste, recyclable and green waste collection and disposal – Department of Public Utilities Action Taken: Bill No. B-49 introduced/laid over
July 22, 2008 *SUBJECT TO MAYOR’S VETO OR RECONSIDERATION Page 3
AND MAY BE AMENDED AT ANYTIME
CONTESTED CONSENT ITEMS (IF ANY)
SCHEDULED COUNCIL HEARINGS AND MATTERS
9:00 A.M. A. SCHEDULED COMMUNICATION:
9:00 A.M. B. 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 c ontact the City Clerk Department 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
9:15 A.M. CITY COUNCIL
9:30 A.M. GENERAL ADMINISTRATION
A. Approval of HOME Investment Partnerships (HOME) Program loan funds in the amount of $2,100,000 to Bastian Court LP for the 61-unit Bastian Court Affordable Multi-Family Development Project (Property located in District 3) – Planning and Development Dept.
Action Taken: Approved
10:00 A.M. WORKSHOP regarding Urban Water Management Plan – Water Division - Held
2:00 P.M. CLOSED SESSION
2:30 P.M. Foreclosures update; status report on local response by HUD, Housing Authority, Redevelopment Agency, By Design, Community Housing Council, Code Enforcement and Housing Division – Planning and Development Department
Action Taken:
report made
3:00 P.M. Presentation and Approval of the Planning Commission’s recommendation of SEGA Growth Alternative No. 2 as the SEGA Preferred Alternative to be used as the basis for and focus of subsequent SEGA DRAFT Specific Plan and EIR formulation, and the Planning Commission’s four related addendum recommendations – Planning and Development Department
Action Taken: Staff recommendation approved
3:30 P.M. JOINT MEETING WITH THE REDEVELOPMENT AGENCY
Approve the Agency minutes of June 17, 2008
Action Taken: Approved
A. HEARING to consider adoption of an ordinance to delete the debt incurrence time limit pursuant to SB 211 from eight (8) Redevelopment Plans within the Merger One Redevelopment Project (Council and Agency action)
Action Taken: Held
1. BILL - (For introduction) - To delete the debt incurrence time limit within the Central Business District, Chinatown Expanded (and West Fresno Rehabilitation Project), Convention Center, Jefferson, Mariposa, West Fresno I, West Fresno II, and West Fresno III pursuant to SB 211
Action Taken:
Bill No. B-50/Ordinance No. 2008-47 adopted
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AND MAY BE AMENDED AT ANYTIME
July 22, 2008 *SUBJECT TO MAYOR’S VETO OR RECONSIDERATION Page 5
AND MAY BE AMENDED AT ANYTIME
SCHEDULED COUNCIL HEARINGS AND MATTERS CONTINUED
3:30 P.M. JOINT MEETING WITH THE RE DEVELOPMENT AGENCY CONTINUED
B. Consider authorizing the Executive Director of the Agency to negotiate and execute an Owner Participation Agreement (OPA) between the Redevelopment Agency of the City of Fresno and Fresh & Easy Neighborhood Market Inc., a Delaware corporation for the development of a grocery store at 2820 Tulare Street in the Urban Renewal Plan for Mariposa Project (Agency action)
Action Taken: Authorized
C. Consider adoption of Agency resolution certifying Subsequent Environmental Impact Report (SEIR) SCH #2003051046 for the Old Armenian Town Project-relocation of historical resources (Continue to July 29, 2008 at 3:00 p.m.)
Action Taken: Continued as noted
ADJOURN AGENCY
SCHEDULED COUNCIL HEARINGS AND MATTERS
July 29 - 10:00 A.M.#1 HEARING re: Rezone Application No. R-08-07, filed by Tom Anderson on behalf of the Save Mart Supermarket
July 29 - 10:00 A.M.#2 HEARING re: to consider the proposed annual assessments for Landscaping and Lighting Maintenance District No. 1
July 29 - 10:15 A.M. JPFA MEETING re: Convention Center Bonds – Finance Dept.
July 29 - 3:00 P.M. JOINT RDA MEETING - Consider adoption of Agency resolution certifying Subsequent Environmental Impact Report (SEIR) SCH #2003051046 for the Old Armenian Town Project- relocation of historical resources
July 30 - (Weds.) 9:00 A.M. SPECIAL JOINT MEETING with Fresno Unified School District at Yokomi Elementary School
Aug. 5 - NO MEETING COUNCIL RECESS
Aug. 12 - NO MEETING COUNCIL RECESS
Aug. 19 - 10:00 A.M. Consideration of Plan Amendment Application No. A-08-01, Rezone Application No. R-08-01, filed by BKM Partners and SKN Properties, on behalf of Cris and Don Pilegard Aug. 19 - 10:15 A.M. HEARING re: CFD No. 11, Annexation No. 34, Final Tract No. 5935 Aug. 19 - 10:30 A.M. WORKSHOP re: Work Force Investment Board structure Aug. 26 - 10:00 A.M. Fresno Area Express item (BRT Presentation)
Sept. 2 - NO MEETING COUNCIL RECESS
Sept. 9 - NO MEETING COUNCIL RECESS
Sept. 16 - 10:00 A.M. HEARING re: vacation of a portion of the west side of N. Clovis Avenue between E. Grant and E. Madison Avenues
OFFICIAL COPY
Fresno, California July 22, 2008
The City Council met in regular session at the hour of 8:30 a.m. in the Council Chamber, City Hall, on the day above written.
Present: Brian Calhoun Councilmember
Mike Dages Councilmember
Jerry Duncan Councilmember
Henry Perea Councilmember
Cynthia Sterling Acting Council President
Blong Xiong Council President
Absent: Paul Caprioglio Councilmember
Andy Souza, City Manager
Bruce Rudd, Assistant City Manager
James Sanchez, City Attorney
Becky Klisch, City Clerk
Yolanda Salazar, Assistant City Clerk
Councilmember Dages gave the invocation and President Xiong led the Pledge of Allegiance.
2 ND QUARTER AMAKE A PROMOTION A COMMOTION@ CEREMONY@
Held. A reception was held immediately following the ceremony to honor the employees.
RECESS - 8:45 A.M. - 9:00 A.M.
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APPROVE MINUTES OF JULY 15, 2008
On motion of Councilmember Duncan, seconded by President Xiong, duly carried, RESOLVED, the minutes of July 15, 2008, approved as submitted.
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COUNCIL MEMBER REPORTS AND COMMENTS:
COUNCILMEMBER PEREA: Request city manager look into state program where cities can apply for funds to provide low flush toilets to low income families.
ACTING PRESIDENT STERLING: (1) Thank you to all who participated in the southwest police barbeque lunch fund-raiser for Santa=s Village to benefit the southwest policing area and children; (2) congratulations to Habitat for Humanity on the dedication of their 58
th home last Saturday; (3) thank you to all who participated in Fresno Area Hispanic Chamber=s run, walk and car show event at Eaton Plaza last Saturday; and (4) request for an agenda by email or memo for the joint meeting with Fresno Unified next Wednesday.
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APPROVE AGENDA:
(3:30 P.M. AC@) JOINT MEETING WITH THE REDEVELOPMENT AGENCY ON ADOPTION OF AGENCY RESOLUTION
CERTIFYING THE SEIR FOR THE OLD ARMENIAN TOWN PR OJECT - RELOCATION OF HISTORICAL RESOURCES (Continue to July 29, 2008, at 3:30 p.m.)
Continued as noted.
152-16 7/22/08
(9:30 A.M. AA@) APPROVE HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM LOAN FUNDS IN THE AMOUNT OF $2,100,000 TO BASTIAN COURT LP FOR THE BASTIAN CO URT AFFORDABLE MULTI-FAMILY DEVELOPMENT
PROJECT
City Clerk Klisch and City Manager Souza advised the item would be heard at 2:00 p.m. due to a staffing conflict/city staff attending the Board of Supervisor=s meeting this morning.
(10:00 A.M.) WORKSHOP ON THE URBAN WATER MANAGEMENT PLAN
City Clerk Klisch advised the workshop was published and noticed and testimony would be allowed.
On motion of Acting President Sterling, seconded by Councilmember Dages, duly carried, RESOLVED, the AGENDA hereby approved, as amended, by the following vote:
Ayes : Calhoun, Dages, Duncan, Perea, Sterling, Xiong
Noes : None
Absent : Caprioglio
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ADOPT CONSENT CALENDAR:
Councilmembers Dages and Duncan registered Ano@ votes on item 1-Q, and Councilmember Calhoun registered a Ano@ vote on Item 1-H.
(1-A) RESOLUTION NO. 2008-178 - APPROVING THE SUMMARY VACATION OF A PORTION OF THE WATER MAIN
EASEMENT AT THE NORTHWEST CORNER OF CEDAR AND NEES AVENUES (FRESH AND EASY NEIGHBORHOOD
MARKET)
(1-B) AWARD A ONE-YEAR REQUIREMENTS CONTRACT WITH PROVISIONS FOR 2 ONE-YEAR EXTENSIONS TO ASPHALT MAINTENANCE CO. IN AN AMOUNT NOT TO EXCEED $1,752,316 FOR THE APPLICATION OF SLURRY SEAL,
AND AUTHORIZE THE PUBLIC WORKS DIRECTOR OR DESIGNEE TO SIGN THE CONTRACT ON BEHALF OF THE CITY
(1-C) RESOLUTION NO. 2008-179 - 2
ND AMENDMENT TO THE AAR APPROPRIATING $6,643,600 IN FEDERAL AND
STATE GRANTS TO CONSTRUCT TRAFFIC SIGNAL SYNCHRONIZATION IMPROVEMENTS ALONG SHAW AVENUE ( HIGHWAY 41 TO HIGHWAY 168) AND ALONG CLOVIS AVENUE (DAKOTA TO JENSEN AVENUES)
(1-D - ITEM REMOVED FROM AGENDA)
(1-E) APPROVE THE 1
ST AMENDMENT TO THE AGREEMENT WITH PROVOST & PRITCHARD ENGINEERING GROUP, INC., INCREASING THE COMPENSATION AMOUNT OF $1,665,000 TO $1,832,000, AND INCREASING THE CONTINGENCY AMOUNT FROM $166,500 TO AN AMOUNT NOT TO EXCEED $183,200, TO PERFORM ADDITIONAL
ENGINEERING SERVICES FOR A HYDROPOWER GENERATION PLANT AND A SITE MASTER PLAN FOR THE
SURFACE WATER TREATMENT FACILITY, AND AUTHORIZE THE DIRECTOR OF PUBLIC UTILITIES TO EXECUTE THE
AMENDMENT ON BEHALF OF THE CITY
(1-F) AUTHORIZE A JOINT AGREEMENT WITH THE COUNTY OF FRESNO TO RECEIVE FUNDS FROM THE 2008
BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM, TO CONSIDER THE APPLICATION WITH THE PROPOSED
SPENDING PLAN, AND TO COMPLETE ALL OTHER CONDITIONS WITHIN THE REQUIRED TIME FRAME, AND
AUTHORIZE EXECUTION OF ALL RELATED DOCUMENTS
(1-G) APPROVE AND AUTHORIZE THE POLICE CHIEF TO ENTER INTO CONTRACTS FOR CLINICAL ASSESSMENT CONSULTING SERVICES FOR THE MAYOR =S GANG PREVENTION INITIATIVE (MGPI) PROJECT WITH (1) ASSESSMENT, TRAINING & RESEARCH ASSOCIATES IN AN AMOUNT NOT TO EXCEED $93,600, (2) COMPREHENSIVE YOUTH SERVICES OF FRESNO, INC., IN AN AMOUNT NOT TO EXCEED $46,800, AND (3) CLINICAL CONSULTANTS IN AN AMOUNT NOT TO EXCEED $46,800
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(1-I) AUTHORIZE ACCEPTANCE OF $400,000 GRANT AWARD FROM THE GOVERNOR=S OES, LAW ENFORCEMENT
AND VICTIMS SERVICES DIVISION, CAL GRIP GRANT FUNDING PROGRAM, AND AUTHORIZE THE CHIEF OF POLICE
TO ENTER INTO AND EXECUTE THE AGREEMENT AND ALL REQUIRED PROGRAM DOCUMENTS
1. RESOLUTION NO. 2008-181 - 2ND AMENDMENT TO THE PAR 2008-163 ADDING TWO (2) PERMANENT PART-TIME
STAFF ASSISTANT POSITIONS TO THE POLICE DEPARTMENT, FUNDED BY THE GRANT PROJECT
(1-J) APPROVE REAPPOINTMENT OF SHARI BOGGESS TO THE CIVIL SERVICE BOARD - MAYOR AUTRY
(1-K) AWARD A CONTRACT IN THE AMOUNT OF $127,616.28 TO KAYCO COMPOSITES, LLC TO FURNISH AND
INSTALL AN ICE FLOOR COVER FOR SELLAND ARENA
(1-L) RESOLUTION NO. 2008-182 - 3
RD AMENDMENT TO THE AAR 2008-162 APPROPRIATING $160,000 IN THE PARCS
DEPARTMENT FOR PREPARATION OF AN ENVIRONMENTAL ASSESSMENT AND PUBLIC PARTICIPATION FOR THE FUTURE EXTENSION OF THE LEWIS S. EATON TRAIL
(1-M) APPROVE A CONSULTING AGREEMENT WITH BLAIR, CHURCH AND FLYNN TO PROVIDE PROFESSIONAL CIVIL
ENGINEERING CONSULTING SERVICES FOR THE DEPARTMENT OF AIRPORTS IN AN AMOUNT NOT TO EXCEED $150,000, AND AUTHORIZE THE DIRECTOR OF AVIATION TO EXECUTE THE AGREEMENT
(1-N) APPROVE A CONSULTING AGREEMENT WITH DPG ENGINEERING, INC., TO PROVIDE PROFESSIONAL
ELECTRICAL ENGINEERING SERVICES ON DEMAND FOR THE DEPARTMENT OF AIRPORTS IN AN AMOUNT NOT TO EXCEED $100,000, AND AUTHORIZE THE DIRECTOR OF AVIATION TO EXECUTE THE AGREEMENT
(1-O) APPROVE A CONSULTING AGREEMENT WITH KLEINF ELDER WEST TO PROVIDE QUALITY ASSURANCE
TESTING AND INSPECTION SERVICES ON DEMAND FOR THE DEPARTMENT OF AIRPORTS IN AN AMOUNT NOT TO EXCEED $150,000, AND AUTHORIZE THE DIRECTOR OF AVIATION TO EXECUTE THE AGREEMENT
(1-P) APPROVE A CONSULTING AGREEMENT WITH BSK AND ASSOCIATES TO PROVIDE PROFESSIONAL QUALITY
ASSURANCE TESTING AND INSPECTION SERVICES AS REQUIRED BY THE DEPARTMENT OF AIRPORTS IN AN AMOUNT NOT TO EXCEED $150,000, AND AUTHORIZE THE DIRECTOR OF AVIATION TO EXECUTE THE AGREEMENT
(1-R) BILL NO. B-48 - BILL FOR INTRODUCTION AMENDING THE OFFICIAL LIST OF DESIGNATED SPECIAL SPEED
ZONES DESIGNATING SPEED LIMITS FOR VARIOUS STREETS WITHIN THE CITY PURSUANT TO THE FRESNO
MUNICIPAL CODE
(1-S) BILL NO. B-49 - BILL FOR INTRODUCTION AMENDING THE FRESNO MUNICIPAL CODE RELATING TO SOLID
WASTE, RECYCLABLE, AND GREEN WASTE COLLECTION AND DISPOSAL
On motion of Councilmember Duncan, seconded by Counc ilmember Perea, duly carried, RESOLVED, the above entitled CONSENT CALENDAR hereby adopted, by the following vote:
Ayes : Calhoun, Dages, Duncan, Perea, Sterling, Xiong
Noes : None
Absent : Caprioglio
(1-H) RESOLUTION NO. 2008-180 - 1
ST AMENDMENT TO THE PAR 2008-163 ADDING NINE (9) POSITIONS TO THE
POLICE DEPARTMENT FOR ACTIVE MONITORING OF VIDEO POLICING CAMERAS AND SEARCH AND RETRIEVAL OF
VIDEO EVIDENCE
On motion of Councilmember Duncan, seconded by Counc ilmember Perea, duly carried, RESOLVED, the above entitled Resolution No. 2008-180 hereby adopted, by the following vote:
Ayes : Dages, Duncan, Perea, Sterling, Xiong
Noes : Calhoun
Absent : Caprioglio
152-18 7/22/08
(1-Q) APPROVE SIDE LETTER OF AGREEMENT WITH THE INTERNATIONAL UNION OF OPERATING ENGINEERS, STATIONARY ENGINEERS, LOCAL 39 - UNIT 1, PROVIDING VACATION DAYS IN RESOLUTION OF AN MOU REOPENER
On motion of Councilmember Duncan, seconded by Counc ilmember Perea, duly carried, RESOLVED, the above entitled Item 1-Q hereby approved, by the following vote:
Ayes : Calhoun, Perea, Sterling, Xiong
Noes : Dages, Duncan
Absent : Caprioglio
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(9:00 A.M.) PUBLIC COMMENT PERIOD - UNSCHEDULED ORAL COMMUNICATIONS:
Tom Lang, Executive Director of the Aquarius Aquarium, requested the city=s Sphere of Influence be expanded and a general plan amendment be initiated to include the donated 10 acre aquarium property so city sewer and water lines could be extended to the site to allow development to proceed and explained. Councilmember Calhoun advised he had been in contact with Mr. Lang and staff and was familiar with the issue and requested the city manager direct staff to return with the enabling resolution at the first meeting in August initiating a plan amendment to accommodate the aquarium and allow for orderly development.
Ron Culwell, 126 E. Stuart, expressed concern with the city=s code enforcement program and advised of a next door neighbor who he stated was a meth dealer who has continually operated a repair shop in his back yard, and submitted into the record a photograph showing junk in his neighbor=s yard. President Xiong advised staff would follow up on the issue.
Brunette Harris, HEAT for Southwest Fresno, spoke to the City Council meetings of 4/25/06 and 5/16/06, wherein Acting President Sterling recused herself from a Hope Vi/Running Horse issue due to a conflict and stated that showed the southwest area had no representation, and spoke in opposition to the use of federal funds for any city project due to the lack of community input.
Bobbie Parks, HEAT for Southwest Fresno, stated her opposition to the use of CDBG funds due to the lack of communication with the southwest area and lack of community input adding the community is continuously neglected.
Rick Mirigian, promoter of the upcoming mixed martial arts (MMA) event scheduled for Woodward Park, stated the recent activity/concerns/fear expressed in the community were due to misconceptions and lack of education or information, and stated MMA was one of the safest sports and appropriate for the park and further elaborated.
Sherry Smith, 4724 W. Swift, spoke to the growth of the Ashlan Cornelia corridor and to the need to open two sections of Gettysburg Avenue to neighborhood traffic as soon as possible.
Gus Gomez, 4709 W. Swift, spoke to the issue of school bus fires/accidents and safety rules.
Christine Arbuckle elaborated on her strong opposition to the upcoming scheduled cage fight (MMA/mixed martial arts event) at Woodward Park, stressed something needed to be done (2 - 0), and urged the city to move the event to a more appropriate venue.
Rev. Dr. L. Dean Chambers, 1225 Divisadero, elaborated on the problem of graffiti in his area and suggested a Agraffiti pole@ be erected and offered his block as the location.
Paul Hurlbut, 4701 W. Swift, spoke to incorrect or misleading statements/responses received from President Xiong=s office on Fire Station 16 issues and questions.
Diane Bennett Smith, 1540 W. LaSierra Dr., HEAT for Southwest Fresno, stated council members were elected by the people and needed to represent the people.
Gail Hurlbut, 4701 W. Swift, cited earlier concerns expressed about the upcoming MMA event and stated youth tackle football was a more dangerous sport and explained.
Richard Smith, 4724 W. Swift, thanked the city for the Ashlan widening project and concurred with the need to open Gettysburg.
152-19 7/22/08
Councilmember Calhoun spoke to the upcoming MMA event at Woodward Park and presented questions and comments relative to whether the promoter was made aware of the Selland Arena, if any type of event was permissible at city parks as long as it was blocked from the view of other park users, if the city had no say on events as long as they were not illegal, if the paintball issue was Astill hanging out there@, if Aanything goes@ at parks as long as they were not illegal, and if there was anything a council member could do about events of concern, with PARCS Director Cooper, City Attorney Sanchez and City Manager Souza responding throughout. Councilmember Calhoun stated the MMA event was inappropriate for a park and he was strongly opposed to that adding the Selland Arena was a more appropriate venue, thanked Ms. Arbuckle for bringing this issue forth, and stated although he would take no action at this time he would take this matter under advisement, talk with his staff, and possibly take some kind of action in the future.
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RECESS - 9:53 A.M. - 10:00 A.M.
(10:00 A.M.) WORKSHOP ON THE URBAN WATER MANAGEMENT PLAN
Assistant Public Utilities Director Martin introduced the issue stating the plan was an extensive analysis accounting for the city=s water supply and needs to fill the 2025 General Plan and advised the plan was scheduled for adoption by Council in August. Assistant Project Manager Jerry Nakano and Project Engineer Elizabeth Drayer of West Yost Associates, the city=s consultant, gave in-depth PowerPoint presentations on the Metropolitan Water Resources Management Plan (Metro Plan) Update and the Urban Water Management Plan
(3 - 0).
Upon call, no one from the public wished to be heard.
Extensive Council discussion ensued. Councilmember Dunc an spoke to the importance of water conservation stressing the city needed to play a much stronger role in that effort and offered suggestions including acknowledging the city=s desert climate, establishing a ABlue Team@, and mandating low water landscape options. Councilmember Calhoun presented questions relative to what role the Fresno Irrigation District and Fresno County played in this, if the city=s destiny was affected by other entities, if the plan addressed water constraints, current assumptions, why this level of detail was not engaged in years ago, why there have been no updates since the mid 1990s, if Bakersfield =s water banking was more sophisticated than Fresno/if Fresno was doing what Bakersfield was doing, and the goal to balance the water supply by 2025 and if the date could be cut back to 2015, with Mr. Martin and Ms. Drayer responding throughout. Councilmember Perea stated Councilmember Duncan hit the nail on the head in terms of conservation and stated he will not vote for the plan in August unless he sees a bigger effort made for water conservation; clarified he liked what was being done and what was being proposed but he wanted the city to step up its efforts, become a little more innovative, and invest more resources and elaborated further; and presented questions and comments relative how much water was used to maintain city facilities, the importance of cities serving as leaders, and zeroscape landscaping and the need for more discussi on on that issue, with Mr. Martin responding. Acting President Sterling stated she agreed with comments made, spoke to the problem of median islands in her district with dead landscaping that were covered with cement stating that was a good move as they required very low maintenance, and spoke to the benefit of having small gardens in large yards and to the need for the city to be more aggressive. ACM Rudd responded briefly to various comments made, and stated a group would be put together from city departments to look into issues and opportunities and a presentation would be made to Council in about 60 days on some short and long term strategies to implement. Mr. Martin added he would meet with interested Council members and incorporate some ideas and strategies in the August 19
th staff report. President Xiong presented questions and comments relative to flexibility of the plan, there being cost factors associated with higher standards, and impacts on future development, especially west of Freeway 99, with Mr. Martin responding. Mr. Martin thanked Council for their support and feedback. Upon question, Mr. Sanchez advised all steps were complied with and the next step was the return of the plan in August for adoption. There was no further discussion.
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LUNCH RECESS - 11:14 A.M. - 2:00 P.M.
(9:30 A.M. AA@) APPROVE HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM LOAN FUNDS IN THE AMOUNT OF $2,100,000 TO BASTIAN COURT LP FOR THE BASTIAN CO URT AFFORDABLE MULTI-FAMILY DEVELOPMENT
PROJECT
Interim HCD Manager Cazares displayed the architect= s rendering of the proposed complex on the overhead and reviewed the issue, all as contained in the staff report as submitted (4 - 0).
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A motion and second was made to approve staff=s recommendation.
Extensive discussion ensued with Ms. Cazares, Jesus Padron with Cornerstone Foundation, Assistant P&D Director Bergthold, Cornerstone Church Pastor Jim Franklin, and dev eloper Larry Del Carlo with Mission Housing Development Corporation responding to questions and/or comments of Counc ilmembers Dages, Calhoun, Perea and Sterling relative to project funding, if this project would take any HOME funds away from other projects, if the Transit Village project was still on- line, if this project was approved before Transit Village, how this project compared to other subsidized projects, how this project compared with market rate projects in the area, square footage of the units, the commercial component, funding process for the two phases, what Cornerstone =s role was, difference between market rate and low income rents, what type of services Cornerstone will provide, this being a great project with great rents and commendation to the developer, Cornerstone and staff, potential problems that could arise with a solely low-income project without market rates, and the importance of property management and working with renters.
On motion of Councilmember Duncan, seconded by Acting President Sterling, duly carried, RESOLVED, negotiation and entry of a HOME Program Agreement with Bastian Court LP hereby authorized, subject to prior approval by the City Attorney, and E.A. No. 014-07206 Determination of Exemption for the Bastian Court affordable housing project hereby adopted, by the following vote:
Ayes : Calhoun, Dages, Duncan, Perea, Sterling, Xiong
Noes : None
Absent : Caprioglio
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RECESS - 2:22 P.M. - 2:30 P.M.
(2:30 P.M.) FORECLOSURES UPDATE - STATUS REPORT ON LOCAL RESPONSE BY HUD, THE HOUSING
AUTHORITY, THE REDEVELOPMENT AGENCY, BY DESIGN, COMMUNITY HOUSING COUNCIL, CODE ENFORCEMENT,
AND THE HOUSING DIVISION
Assistant Planning & Development Director Bergthold introduced the item stating staff was proposing to have quarterly updates on the foreclosure situation and local response, noted there was strong communication and partnerships between the multiple agencies, and advised a revised AForeclosure Quarterly Update@ had been submitted.
An in-depth PowerPoint presentation was given by Dawn Golik of HUD, David Martin of the Redevelopment Agency, Bob Voss of the Community Housing Council, Housing Authority Executive Director Preston Prince, Jim Price of By Design Financial Solutions, Assistant P&D Director Bishop, Habitat for Humanity Executive Director Tony Miranda, and Interim HCD Manager Cazares, which presentation consisted of Magni tude and Trends, Local Response, Local Impact/Comparisons, Needs, Next Steps, and Federal and State Regulations
(5 - 0).
Mr. Bishop and ACM Rudd responded to comments and questions of Councilmember Perea relative to code enforcement, neighborhood blight/eyesores, neighbors willing to water lawns/maintain foreclosed homes and what could be done to work with those willing neighbors, options other t han boarding up windows, a lot going on with counseling and not enough on the code side, need to make vacant/blighted homes a priority, need for the city to be in a position to require maintenance/upkeep, and the city of Trent, New Jersey=s partnering project with faith-based organizations who buy homes and rents them back to homeowners along with counseling. Councilmember Calhoun stated this was not easy and he appreciated the efforts of everyone, and encouraged the continuation of those efforts and requests for any needed specifics. President Xiong also commended all involved and spoke to his concern with reaching only 23% of those in the foreclosure process and language capacity. There was no further discussion.
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(3:00 P.M.) PRESENTATION AND APPROVAL OF THE PLANNING COMMISSION =S RECOMMENDATION OF SEGA GROWTH ALTERNATIVE NO. 2 AS THE SEGA PREFERRED ALTERNATIVE TO BE USED AS THE BASIS FOR AND
FOCUS OF SUBSEQUENT SEGA DRAFT SPECIFIC PLAN AND EIR FORMULATION, AND THE PLANNING COMMISSION=S FOUR RELATED ADDENDUM RECOMMENDATIONS
Councilmember Duncan advised he had family interest in property at the southeast corner of Belmont and Temperance and recused himself from the proceedings, left at 3:17 p.m., and was absent for the remainder of the meeting.
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Assistant Planning & Development Director Bergthold gave a brief overview of the issue and upon his request SEGA Advisory Committee Chair Richard Simonian spoke briefly to the committee=s work, to the well-attended June 10th meeting wherein a presentation was made by Calthorpe Associates on the three alternatives, and to the committee=s recommendation for Alternative #2. Mr. Bergthold continued and gave a PowerPoint presentation on the issue which consisted of Growth in the Fresno Metro Area, the 9,000 Acre SEGA, Planning Process/Meas uring Up to the Challenges (models), Measuring Up to Sustainability, Alternative No. 2, and Variety of Neighborhoods, and concluded stating Alternative No. 2 had the most support and requested the recommendations outlined in the staff report be approved.
Speaking to the issue were: Ted Ruiz, Sr., concerns/request 80 acres bound by DeWolf, Olive, Locan and Fancher Canal be removed from the plan (6 - 0); Doug Brinkley, 1425 E. Weldon, SSCCD Vice Chancellor, support for staff =s recommendation/spoke to their proposed campus; Barbara Kutz ner, concerns/opposition by a number of small property owners; Clara Moehlman, concerns; Andy Hansen-Smith, representing Creative Fresno, support; Al Solis, Sol Development Associates, 906 N Street, support; Michael Sigala, Sigala Inc., on behalf of Fancher Creek Town Center, support for SEGA planning principles/concern with the location/designation of the regional center; James Marshall, 270 S. Temperance, support/spoke to observances/offered suggestions; John Bonadelle, 7030 N. Fruit, support; Melvin Kazarian, 5450 E. Liberty, spoke to family farmland property/protecting farmland; Mike Matthew, 8126 E. Carmen, suggested private trails be deleted from green belt areas; Andrew Kazarian, support; and Karen Musson, 1771 Waverly, concerns/unanswered questions.
Upon call, no one else wished to be heard and President Xiong closed public testimony.
Councilmember Dages commended Mr. Simonian for his leadership and the advisory committee and staff for all the time, work and effort spent on the plan; upon his questions Mr. Bergthold (1) explained the 30-day provision to make changes once approved, (2) clarified neither staff nor the planning commission recommended moving the second community center, and (3) the 39.52 acres on the southeast corner of Jensen and Fowler would be 100% flex industrial. Councilmember Dages spoke to various issues and the regional center and presented additional questions/comments relative to distances between shopping centers, what a Aright distance@ was, concern with developing a plan today that will hurt Fancher Creek tomorrow, the higher densities in the SEGA taking away from other areas, need to design the SEGA right, why the original Acommunity center@ designation was changed, when the EIR process will start, how much productive farmland will be lost, and if the flood control basin near McKinley and DeWolf could be used as a regional park, with Mr. Bergthold and Doug Harrison, former director of the Fresno Metropolitan Flood Control District, responding throughout. (7 - 0) Councilmember Dages made a motion to
approve staff=s recommendation and requested staff look further at the regional shopping center stating a mistake can not be made. Councilmember Perea seconded the motion, concurred with Councilmember Dages on the shopping centers, requested staff respond to Mr. Sigala=s letter in writing within a week, and commented on the issue stating this was an exciting plan and an opportunity for growing in a smarter way, stated challenge #1 will be working with property owners and challenge #2 will be the entitlement process and the excessive amount of time it takes to implement a lot of the land use decisions, and questioned how staff saw implementing such an ambitious plan, with Planning & Development Director Yovino responding.
Councilmember Perea spoke to the need to be business friendly and stated he was interested to see how the process works as time rolls on.
Mr. Bergthold and Mr. Yovino responded to questions and comments of Acting President Sterling and President Xiong relative to the EIR process/when it started/who was conducting it/if it would address issues such as the regional center, if staff reviewed the packet of letters submitted, support for further discussion on the regional center, advocacy level for Freeway 180 east, water issues including level of city involvement and impact on future development, why there has been much concentration on the SEGA and not the west area, if the area west of 99 needed to be addressed before the County Supervisors will support the plan, if there has been communication with the county, what the city has done with respect to the west area, what can be done as partners with the county, and the current growth west of 99 and the need to balance priorities.
On motion of Councilmember Dages, seconded by Councilmember Perea, duly carried, RESOLVED, SEGA Growth Alternative No. 2 as recommended by the Planning Commission hereby approved as the SEGA Preferred Alternative to be used as the basis for and focus of subsequent SEGA Draft Specific Plan and EIR formulation, and the four (4) related addendum recommendations of the Planning Commission outlined in the staff report (A, B, C and D) hereby approved, by the following vote:
Ayes : Calhoun, Dages, Perea, Sterling, Xiong
Noes : None
Absent : Caprioglio
Recused : Duncan
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(3:30 P.M.) JOINT MEETING WITH THE REDEVELOPMENT AGENCY
The City Council recessed at 5:02 p.m. and convened in joint session with the Redevelopment Agency.
APPROVE AGENCY MINUTES OF JUNE 17, 2008
On motion of Acting President Sterling, seconded by President Xiong, duly carried, RESOLVED, the Agency minutes of June 17, 2008, approved as submitted.
(AA@) JOINT HEARING TO CONSIDER ADOPTION OF ORDINANCE DELETING THE DEBT INCURRENCE TIME LIMIT PURSUANT TO SB 211 FROM EIGHT (8) REDEVELOPMENT PLANS WITHIN THE MERGER ONE REDEVELOPMENT
PROJECT
1. BILL NO. B-50 - ORDINANCE NO. 2008-47 - DELETING THE DEBT INCURRENCE TIME LIMIT WITHIN THE CENTRAL
BUSINESS DISTRICT, CHINATOWN EXPANDED (AND WEST FRESNO REHABILITATION PROJECT ), CONVENTION CENTER, JEFFERSON, MARIPOSA, WEST FRESNO I, WEST FRESNO II, AND WEST FRESNO III, PURSUANT TO SB 211
RDA Consultant Freeman clarified the subject ordinance bill was for introduction and adoption and reviewed the issue, all as contained in the staff report as submitted.
On motion of Acting President Sterling, seconded by Councilmember Dages, duly carried, RESOLVED, the above entitled Bill No. B-50 adopted as Ordinance No. 2008-47, by the following vote:
Ayes : Dages, Perea, Sterling, Xiong, Calhoun
Noes : None
Absent : Caprioglio, Duncan
(AB@) AUTHORIZE THE EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE AN OWNER PARTICIPATION AGREEMENT (OPA) WITH FRESH & EASY NEIGHBORHOOD MARKET, INC., FOR DEVELOPMENT OF A GROCERY STORE AT 2820 TULARE STREET IN THE URBAN RENEWAL PLAN FOR MARIPOSA PROJECT (AGENCY ACTION)
Executive Director Murphey gave an in-depth review of the issue, all as contained in the staff report as submitted
Speaking to the issue were: Sal Gonzales, 2881 E. Huntington, support; and Project Manager Shawn Goetzinger with Evergreen Devco, the developer representing Fresh & Easy, who stated his company looked forward to opening a store downtown and expanded further on the company and project.
Member Sterling spoke in support stating Fresh & Easy was going to be a great anchor and made a motion to approve staff=s recommendation, which motion was seconded by Member Xiong. Member Perea stated he hoped a lead certified market would be built, added this was an exciting time and a huge milestone for downtown residents, and upon his question Ms. Murphey stated construction would be finalized by the end or first of the year. Upon questions of Member Xiong and Chair Calhoun, Mr. Gretzinger stated seven applications for stores were currently on file, the Ashlan/Cornelia store was expected to start soon, and Tesco was founded in the U.K.
On motion of Member Sterling, seconded by Member Xiong, duly carried, RESOLVED, the Executive Director authorized to negotiate and execute an OPA with Fresh & Easy and take such further actions as may be necessary or appropriate to carry out the Agency=s obligations under the Agreement, subject to approval as to form by the City Attorney=s Office, by the following vote:
Ayes : Dages, Perea, Sterling, Xiong, Calhoun
Noes : None
Absent : Caprioglio, Duncan
(AC@) JOINT MEETING WITH THE REDEVELOPMENT AGENCY TO CONSIDER ADOPTION OF AN AGENCY
RESOLUTION CERTIFYING THE SEIR FOR THE OLD ARMENI AN TOWN PROJECT - RELOCATION OF HISTORICAL RESOURCES (Continue to July 29, 2008, at 3:30 p.m.)
Continued as noted.
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ADJOURNMENT
There being no further business to bring before the joint bodies, the hour of 5:22 p.m. having arrived and hearing no objection, Vice Chair Calhoun declared the joint meeting and City Council meeting adjourned.
Approved on the ___29th __________day of_______July__________, 2008.
______/s/ .
Xiong___________________________ATTEST:______________/s/_______________________________________ Brian Calhoun, Agency Vice Chair Yolanda Salazar, Assistant City Clerk
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