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					   City Council Agenda
                                                        Council President
                                                        Brad Castillo

                                                        Councilmembers

                   Tom Boyajian                                                         Jerry Duncan
                   Brian Calhoun                                                        Henry T. Perea, Acting President
                   Mike Dages                                                           Cynthia Sterling

             City Manager                                  City Clerk                               City Attorney
        Daniel G. Hobbs                           Rebecca E. Klisch, CMC                      Hilda Cantú Montoy




  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 this meeting.


                                          TUESDAY, APRIL 20, 2004
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 agenda is available on (www.ci.fresno.ca.us). The Council meeting can also be
heard live at the same web site address.

8:30 A.M. ROLL CALL

Invocation

Pledge of Allegiance to the Flag

Presentation of Recognition Awards to Students in District 4 - Council President Castillo

Proclamation of “NATIONAL CRIME VICTIMS’ RIGHTS WEEK” - City Manager Hobbs

Proclamation of “NATIONAL DONATE LIFE MONTH” - All Councilmembers
1.     Proclamation of “YVONNE BREWER DAY”

Proclamation of “ARBOR DAY” - Councilmember Sterling

Proclamation of “ARMENIAN GENOCIDE REMEMBRANCE DAY” - Mayor and all Councilmembers

Proclamation of “SELMA CHAPTER OF TRIPLE X FRATERNITY DAY” - Councilmember Boyajian
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. For each matter considered by the Council, there will
first be a staff presentation, followed by a presentation from the project applicant. Testimony from those
in attendance will then be taken. All testimony given will be limited to three minutes per person.

The three lights on the podium next to the microphone will indicate the amount of time remaining for the
speaker. The green light will be turned on when the speaker begins. The yellow light will come on with
one minute remaining and one tone will sound. The speaker should be completing the testimony by the
time the red light comes on and two tones sound, indicating that time has expired.


Approve minutes of April 13, 2004
Action Taken:

Councilmember Reports and Comments
Action Taken:

Approve Agenda
Action Taken:

Adopt Consent Calendar
Action Taken:


1.     GENERAL 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 at 2:00 p.m.


       A. *   Award a contract to Wesco Infrastructure Technologies of Torrance, CA for construction of sewer
              rehabilitation in Barstow Avenue, First Street and Shaw Avenue - General Services Dept./Public
              Utilities Department
              Action Taken:

       B. *   Waive a minor irregularity and award a contract to McCarthy Building Companies, Inc., of
              Roseville, CA, for the Convention Center parking structure - General Services Dept./Public Works
              Dept.
              Action Taken:

       C.     Authorize the sale of the dwelling at 1229 N. Linden Avenue to Robert and Chantal Jeschien for
              relocation to a vacant lot on La Salle Avenue - Public Works Dept.
              Action Taken:

       D. *   RESOLUTION - 79th amendment to AAR No. 2003-209 appropriating $573,300 to fund water
              connection projects within the Water Connection Charge Fund (Requires 5 affirmative votes) -
              Department of Public Utilities
              Action Taken:


1.   GENERAL CONSENT CALENDAR CONTINUED

     E.   *   Approve a contract with Spiniello Companies of Fairfield, NJ for repair of structural damage to the
              headworks flow split structure at the Fresno/Clovis Regional Wastewater Reclamation Facility -
              Department of Public Utilities
              Action Taken:

     F. *     RESOLUTION - 73rd amendment to AAR No. 2003-209 appropriating $450,000 to the Police
              Department for the Contract Law Enforcement Services (CLES) Program (Requires 5 affirmative
              votes) - Police Department
              Action Taken:

     G. *     RESOLUTION - Authorizing the purchase of specified Cleaire longview after exhaust treatment
              devices from Cleaire Advanced Emissions Controls for Fresno Area Express (FAX) without
              advertised competitive bidding - Dept. of Transportation
              Action Taken:

     H.       Approve agreements to receive funds from the San Joaquin Valley Air Pollution Control District Heavy-
              Duty Incentive Program - Dept. of Transportation
              Action Taken:
              1. * RESOLUTION - 81st amendment to AAR No. 2003-209 appropriating $897,600 of incentive
                     funding from the San Joaquin Valley Air Pollution Control District Heavy-Duty Incentive
                     Program (Requires 5 affirmative votes)
                     Action Taken:

     I.       Approve United States Postal Service lease of Cargo Building Space No. 1B at Fresno Yosemite
              International (FYI) Airport for a fixed annual rent of $11,660 - Airports Dept.
              Action Taken:

     J.       Approve a one-year extension of Federal Express Corporation, dba FedEx, for a cargo lease at
              Fresno Yosemite International (FYI) Airport - Airports Dept.
              Action Taken:

     K.       Approve a one-year extension of United Parcel Service of America, Inc., dba UPS, for a cargo lease
              at Fresno Yosemite International (FYI) Airport - Airports Dept.
              Action Taken:

     L.       Approve assignment of ABX Air, Inc., Fresno Yosemite International (FYI) Airport cargo lease to
              Airborne Express, Inc., and a thirteen (13) month extension - Airports Dept.
              Action Taken:

     M.       Approve proposed Lease Addendum No. 2 to the Lease and Concession Agreement with Sharee
              Curtice, dba The Rub Club, for the purpose of continuing to operate a chair massage business in the
              passenger terminal at Fresno Yosemite International (FYI) Airport - Airports Dept.
              Action Taken:

     N.       Approve a Professional Services Agreement with Twining Laboratories, Inc., for owner’s quality
             assurance and acceptance testing for the Fresno Yosemite International (FYI) Airport, Air Cargo Park
             and Airside Development - Airports Dept.
             Action Taken:

1.    GENERAL CONSENT CALENDAR CONTINUED


      O. * Approve Airport Director to negotiate and execute an agreement for land swap with California
           Department of Transportation (CalTrans) at Chandler Airport - Airports Dept.
           Action Taken:

      P. *   Approve the sale to Well Being, LLC, State Center Properties, LLC, and Timothy W. Wolfe of excess
             property acquired for the Promenade Parking Lot between the Burlington-Northern Santa Fe railroad
             tracks and the “Q-R” alley from Ventura to Tulare Street, that is not needed for the project - Public
             Works Dept.
             Action Taken:
      Q.     RESOLUTION - Ordering the summary vacation of a portion of a public utility easement on the
             northwest corner of Herndon and Jackson Avenues - Public Works Dept.
             Action Taken:

      R. *   RESOLUTION - Approving the reallocation of $45,700 from contingency for the purchase of real
             property, weed abatement and other maintenance items - Public Works Dept.
             Action Taken:

      S.     Approve agreement with Fresno Metropolitan Flood Control District for reimbursement of infrastructure
             improvements constructed by the City at storm water retention, basin II-4, located on the north side
             of E. Thomas Avenue, between N. Millbrook and N. Eighth Street - Public Works Dept.
             Action Taken:
             1.      RESOLUTION - Authorize the Public Works Director or his designee to execute the
                     agreement
                     Action Taken:

      T.     RESOLUTION - Approving the Final Map of Tract No. 5173, accepting dedicated public uses
             therein and authorizing the Public Works Director and Planning and Development Director to
             execute the necessary documents - Planning and Development Dept.
             Action Taken:

      U.     Approve amendment to sales tax imposition ordinance pursuant to the agreement with Fresno County
             - Finance Dept.
             Action Taken:
             1. * BILL - (For introduction) - Amending the Fresno Municipal Code relating to local sales
                    and use taxes
                    Action Taken:



TIME SCHEDULED HEARINGS AND MATTERS


 9:55 A.M.   Proclamation of “NATIONAL COMMUNITY COLLEGE MONTH” - Councilmember Duncan


10:00 A.M.   Presentation of Employee Service Awards (Reception immediately following - 2nd floor foyer)
TIME SCHEDULED HEARINGS AND MATTERS CONTINUED


10:45 A.M.   Direct staff to work with the California Public Utilities Commission and the Federal Railroad
             Administration to conduct the preliminary background studies and review that which is necessary to
             establish quiet zones in the City of Fresno - Councilmembers Boyajian and Sterling
             Action Taken:


11:00 A.M.   CONTINUED HEARING to consider Plan Amendment Application No. A-03-11, Rezone
             Application No. R-03-57, and environmental findings, filed by John Allen, pertaining to
             approximately 34 acres of land located on the southwest corner of North Figarden Drive and North
             Brawley Avenue (Property located in District 2) - Planning and Development Dept. (Continue to
             4/27/2004 @ 10:15 a.m.)
             Action Taken:


2:00 P.M.    CONTESTED CONSENT ITEMS


2:30 P.M.    TEFRA HEARING regarding Community Medical Centers Cedar Vista Behavioral Center - Finance
             Dept.
             Action Taken:
             1. * RESOLUTION - Approving the issuance of the California Statewide Communities
                    Development Authority revenue notes (Community Hospitals of Central California) in an
                    aggregate principal amount not to exceed $4,800,000 for the purpose of financing the
                    acquisition, renovation and equipping of a health care facility and certain other matters relating
                    thereto for the benefit of Community Hospitals of Central California, Fresno Community
                    Hospital and Medical Center
                    Action Taken:


2.      GENERAL ADMINISTRATION


3.      CITY COUNCIL


             A.     Council discussion and direction regarding setting workshops and budget hearings during
                    budget season - Councilmember Calhoun
                    Action Taken:

             B.     Direct City Manager to develop a five-year plan to create Senior Citizen Centers throughout
                    the City of Fresno with potential funding sources - Acting President Perea
                    Action Taken:
      CLOSED SESSION


          A.     CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Government
                 Code Section 54956.9, Subdivision (b)
                 Significant Exposure to Litigation:
                 1.     Case Name: City of Fresno v. Joe Gonzales
                 2.     Case Name: City of Fresno v. Kurt Paul Harris
                 3.     Case Name: City of Fresno v. Air L.A.
                 4.     Case Name: City of Fresno v. Viscount Air
                 5.     Case Name: City of Fresno v. States West Airlines
                 6.     Case Name: City of Fresno v. TriStar Airlines
                 7.     Case Name: City of Fresno v. Air 21
                                     Action Taken:

          B.     CONFERENCE WITH LABOR NEGOTIATOR - Government Code Section 54957.6
                 City Negotiator(s): Adela Gonzalez and Jon Ruiz
                 Employee Organization(s):
                        1.     Amalgamated Transit Union (ATU) Local 1027
                        2.     Fresno City Employees’ Association (FCEA)
                        3.     Fresno Police Officers’ Association (FPOA Management Unit)
                        4.     International Association of Firefighters (IAFF Management)
                        5.     International Association of Firefighters (IAFF Non-Management) Local 753
                        6.     International Union of Operating Engineers, Stationary Engineers Local 39
                        7.     City of Fresno Professional Employees’ Association (CFPEA)
                        8.     City of Fresno Management Employees’ Association (CFMEA)
                        9.     International Brotherhood of Electrical Workers, Local 100 (IBEW)
                               Action Taken:


     CLOSED SESSION ANNOUNCEMENTS (IF ANY)



4.   PUBLIC COMMENT PERIOD - No Council action except to place on future agenda.
     Presentation limited to three (3) minutes.


     A.   SCHEDULED PUBLIC COMMENT


     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 contact the City Clerk Department at least 10 days prior to the
              desired date.




SCHEDULED COUNCIL HEARINGS AND MATTERS

Apr.   27 -     8:30 A.M.   Presentation of P.R.I.D.E. Team Certificates (Reception immediately following -
                            2nd floor foyer)

Apr.   27 -   10:00 A.M.    HEARING re: Rezone Application No. R-03-14, filed by Sunridge Developers, property
                            located on the west side of Clovis Avenue between E. Church and E. Jensen

Apr.   27 -    10:15 A.M.   CONTINUED HEARING re: Plan Amendment No. A-03-11, Rezone Appl. No.
                            R-03-57, filed by John Allen

Apr.   27 -    10:45 A.M.   Zoo Committee report (Action to be requested)

Apr.   27 -     2:15 P.M.   JOINT WORKSHOP re: Caltrans and City Partnership - Public Works and Planning
                            and Development Depts. - Council President Castillo

May    11 -    10:00 A.M.   Presentation by Public Safety Commission

May    11 -    10:30 A.M.   HEARING re: Rezone Appl. No. R-03-55, filed by Bennett Development, Inc.

May    11 -    10:40 A.M.   HEARING re: Rezone Appl. No. R-03-61, filed by Artel Farms, Inc.

May    11 -    10:45 A.M.   HEARING re: Rezone Appl. No. R-03-68, filed by Ciao Properties
May    11 -     2:30 P.M.   WORKSHOP re: Historic Preservation, Public Art, and Green Building

May    18 -    10:00 A.M.   HEARING regarding Community Facilities District No. 2, Annexation No. 68 Final
                            Tract Map No. 5163 -Public Works Dept.

May    25 -     2:30 P.M.   WORKSHOP re: ADA Advisory Council - Public Works Dept. (1 Hour) - Meeting
                            Room “A” - 2165N



FUTURE WORKSHOP (Date to be determined)
WORKSHOP re: Consideration of additional services to be provided by Community Facilities Districts in the City
of Fresno - Public Works Dept. - Meeting Room “A” - 2165N


WORKSHOP re: Urban forest - Parks, Recreation and Community Services Dept. and Public Works Dept. - Meeting
Room “A” - 2165N

				
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