City Council Agenda

December 9, 2008 *SUBJECT TO MAYOR’S VETO OR RECONSIDERATION Page 1
AND MAY BE AMENDED AT ANYTIME
City Council Agenda
Council President
Blong Xiong
Councilmembers
Brian Calhoun, Ph.D.
Paul Caprioglio
Mike Dages
Jerry Duncan
Henry T. Perea
Cynthia A. Sterling – Acting President
City Manager City Clerk City 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.
December 9, 2008
8:30 A.M. ROLL CALL
Invocation by Vickie Healy of the Wesley United Methodist Church
Pledge of Allegiance to the Flag
Ceremonial Presentation
Presentation of the SPCA Pet of the Month – Council President Xiong
Presentation of Recognition Awards to Students in District 7 – Councilmember Perea
Presentation of the Mayor’s Recycling Business Awards – Mayor’s Office
Introduction of the Members of the Disability Advisory Committee – Public Works Department
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 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.

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December 9, 2008 *SUBJECT TO MAYOR’S VETO OR RECONSIDERATION Page 2
AND MAY BE AMENDED AT ANYTIME
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.
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 December 2, 2008
Action Taken:
Approve Fresno Joint Powers Financing Authority minutes of December 2, 2008
Action Taken:
Councilmember Reports and Comments
Action Taken:
Approve Agenda
Action Taken:
Adopt Consent Calendar
Action Taken:
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
immediately following.
A. * RESOLUTION - 50th amendment to AAR No. 2008-162 appropriating $500 in the Parks, After School,
Recreation and Community Services Department from a National Alliance for the development of an archery
grant to purchase supplies to operate an archery program (Requires 5 affirmative votes) - PARCS
Action Taken:
B. * Approval of a contract with Fresno County Office of Education to provide up to $7,113 for the Parks, After
School, Recreation and Community Services Department to conduct a collaborative informal science program
at King Elementary School running through June 30, 2009 – PARCS
Action Taken:
C. * Approval of a contract for $10,000 with Fresno Office of Education to provide funds for the Parks, After School,
Recreation and Community Services Department to conduct the Fresno BEST Program at Roosevelt High
School running through June 30, 2009 - PARCS
Action Taken:
1. * RESOLUTION – 51st amendment to AAR No. 2008-162 appropriating $10,000 in the Parks, After
School, Recreation and Community Services Department to conduct the Fresno BEST Program at
Roosevelt High School running though June 30, 2009 (Requires 5 affirmative votes)
D. * RESOLUTION - 49th amendment to AAR No. 2008-162 appropriating $11,000 in the Parks, After School,
Recreation and Community Services Department for the Second Annual Christmas in the Park event (Requires
5 affirmative votes) - PARCS
Action Taken:
E. * Approve renewal of Fresno County Interagency Council agreement - PARCS
Action Taken:

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1. CONSENT CALENDAR CONTINUED
F. * Approve First Amendment to the Memorandum of Understanding (MOU) between the City of Fresno, Roeding
Park Playland, Fresno Storyland and Fresno’s Chaffee Zoo Corporation regarding Preliminary Roeding Park
Master Use, Environmental and Development Planning – PARCS
Action Taken:
G. * Approve lease agreement with Coffee Break Service for space under the Tuolumne Street overpass at
“H” Street (Property located in District 3) – Public Works Dept.
Action Taken:
H. * Approve the acquisition of an easement for the installation of a traffic detection loop on the west side of S.
Chestnut Avenue at E. Balch Avenue from property owner: Silvia Gutierrez (Property located in District 5) –
Public Works Dept.
Action Taken:
I. * Approve the acquisition of the former Densmore property at 665 Fulton Street from property owner: Tavie
Development (Property located in District 3) – Public Works Dept.
Action Taken:
J. Authorize staff to request an extension of unspent encumbered budget for Clovis Avenue from McKinley to
Kings Canyon as well as a traffic signal project at Marks and Weber Avenue – Public Works Dept.
Action Taken:
K. Recommend approval of an extension of the Townsend Public Affairs, Inc. contract for lobbyist services to
June 30, 2009 – City Manager’s Office
Action Taken:
L. * RESOLUTION - 52nd amendment to AAR No. 2008-162 appropriating $800,000 in the General Services
Department to replace the roofs at the Fresno Art Museum and Romain Neighborhood Center (Requires 5
affirmative votes) - PARCS
Action Taken:
M. Approve the agreement between the City of Fresno and CenCal Business Finance Group for the
administration of the City of Fresno Revolving Loan Fund for a period of ten (10) years – Economic
Development Department
Action Taken:
N. * BILL NO. B- 71 – (Intro. 12/2/2008) (For adoption) - Repealing Section 10-53302 of Article 5, Chapter 10 of
the Fresno Municipal Code and adding Section 10-53302 of Article 5, Chapter 10 relating to fireworks - Fire
Department
Action Taken:
CONTESTED CONSENT ITEMS (IF ANY)
CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION - Government Code Section 54956.9,
Subdivision (a)
1. Case Name: Greg Occhionero v. City of Fresno, et al., U.S.D.C., Eastern District Court
No. 1:05-CV-01184-AWI-SMS
Action Taken:

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AND MAY BE AMENDED AT ANYTIME
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 contact 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. #1 JOINT MEETING WITH THE REDEVELOPMENT AGENCY
Approve Agency minutes of December 2, 2008
Action Taken:
A. Authorize a one-year extended Exclusive Negotiation Agreement (ENA) amendment between
the Redevelopment Agency, City of Fresno and Fresno Convention Center Hotel Properties,
LP, a California Limited Partnership, for the property located at 800 – 808 “M” Street, Fresno,
CA (Property located in District 3) – Economic Development Dept.
Action Taken:
RECESS AGENCY TO 11:00 A.M.
9:15 A.M. #2 CITY COUNCIL
A. Direct staff to work with PG&E to determine the feasibility of establishing a pilot plan in the City
of Fresno similar to Duke Energy's Solar Distributed Generation Program - Councilmember
Calhoun
Action Taken:
B. Direction to the City Attorney to prepare an ordinance relating to local hiring for City Public
Works projects that do not include State or Federal funding – Councilmember Dages
Action Taken:
C. BILL – (For introduction) – Repealing Section 4-111 relating to the prohibition of any
requirements for project labor agreements - Council President Xiong
Action Taken:
D. Direct staff from the City and RDA to initiate a Request for Qualifications for the purpose of
contracting with outside experts in preparing a downtown infrastructure evaluation that will
determine the needed infrastructure and cost to support the goals of the 2025 General Plan.
RFQ is to be issued no later than 60 days - Councilmember Duncan
Action Taken:
9:30 A.M. GENERAL ADMINISTRATION
A. Approve Disposition and Development and HOME Agreement with ROEM Development
Corporation for development of a 133-unit affordable senior housing complex on Kings
Canyon Road between Willow Avenue and Peach Avenue in Southeast Fresno (Property
located in District 5) – Planning and Development Dept.
Action Taken:
B. * RESOLUTION - 39th amendment to AAR No. 2008-162 appropriating $100,000 in the Parks,
After School, Recreation and Community Services Department for the development of
community gardens (Requires 5 affirmative votes) – PARCS
Action Taken:

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AND MAY BE AMENDED AT ANYTIME
SCHEDULED COUNCIL HEARINGS AND MATTERS CONTINUED
9:30 A.M. GENERAL ADMINISTRATION CONTINUED
C. BILL – (For introduction) – Amending Section 5-504 of the Fresno Municipal Code relating to
skateboard and bicycle park regulations - PARCS
Action Taken:
10:15 A.M. HEARING to consider an appeal, filed by Gary McDonald on the Tract Map and Councilmember Duncan
on the Conditional Use Permit Application, appealing the Fresno City Planning Commission’s denial of
Vesting Tentative Tract Map No. 5933/UGM, Conditional Use Permit Application No. C-08-59, and
environmental findings, filed by Gary G. Giannetta on behalf of Gary McDonald Homes, pertaining to
approximately 16.85 acres of property zoned R-1/UGM (Single Family Residential/Urban Growth
Management) located between N. Friant Road and E. Copper Avenue within the Copper River Ranch
Master Planned Community (Property located in District 6) – Planning and Development Department
Action Taken:
a. Consider and adopt the addendum to Mitigated Negative Declaration for Environmental
Assessment No. T-5205/C-04-153 dated September 29, 2004
Action Taken:
b. RESOLUTION – Approving Vesting Tentative Tract Map No. 5933/UGM to subdivide the
subject property into a 78-lot single family residential planned development subdivision
Action Taken:
c. RESOLUTION – Approving Conditional Use Permit Application No. C-08-59, a residential
planned development with 78 lots with modified lot area, dimensions, and setbacks
Action Taken:
10:30 A.M. HEARING to consider Rezone Application Nos. R-08-16, R-08-17, R-07-19 and environmental
findings, filed by the City of Fresno, pertaining to seven (7) parcels totaling approximately 171 acres
of property generally located between Freeway 41 and Freeway 99, south of downtown Fresno
(Property located in District 3) – Planning and Development Dept.
Action Taken:
a. Consider and adopt Environmental Assessment No. R-08-16/R-08-17/R-08-18/R-08-19,
determination of initial study to file a Finding of Conformity to MEIR 10130 for the 2025 Fresno
General Plan
Action Taken:
b. BILL – Amending the Official Zone Map to rezone the subject property from the AE-5/UGM
(Exclusive Five Acre Agricultural/Urban Growth Management) zone district to the M-3/UGM
(Heavy Industrial/Urban Growth Management) zone district
Action Taken:
c. BILL – Amending the Official Zone Map to rezone the subject property from the R-A/UGM
(Single Family Residential-Agricultural/Urban Growth Management) zone district to the
M-3/UGM (Heavy Industrial/Urban Growth Management) zone district
Action Taken:
d. BILL – Amending the Official Zone Map to rezone the subject property from the AE-20/UGM
(Exclusive Twenty Acre Agricultural/Urban Growth Management) zone district to the M-3/UGM
(Heavy Industrial/Urban Growth Management) zone district
Action Taken:

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AND MAY BE AMENDED AT ANYTIME
SCHEDULED COUNCIL HEARINGS AND MATTERS CONTINUED
11:00 A.M. CONTINUED JOINT MEETING WITH THE REDEVELOPMENT AGENCY
A. RESOLUTION - Making certain findings pursuant to Section 33445 of the Community
Redevelopment Law, authorizing the Agency’s purchase of public street easements along
the south side of Florence Avenue between East and Railroad Avenues within of the
South Van Ness Fresno Industrial Redevelopment Project Area (Property located in
District 3) - (Council and Agency action)
Action Taken:
1. Adopt Finding of Conformity to Phase I Environmental Site Assessment City Of
Fresno RDA Report No. 17-084
Action Taken:
2. Approve the acquisition of four (4) street easements and five (5) grant deeds for
the placement of curbs, gutters and sidewalks along E. Florence Avenue between
S. East Avenue and S. Railroad Avenue from five (5) property owners: Zacky
Farms, LLC; Villarreal Properties; Mahlon A. Williams; Chilingerian Investments,
LP; Tony and Trini Bisuano, Trustees, for street purposes within the South Van
Ness Redevelopment Project Area
Action Taken:
B. Change the Fresno Redevelopment Agency bylaws to be consistent with City policy regarding
first year Councilmembers. Change would allow first year Councilmember to be Vice Chair of
the Redevelopment Agency - Councilmember Duncan
Action Taken:
ADJOURN AGENCY
SCHEDULED COUNCIL HEARINGS AND MATTERS
Dec. 16 - 10:00 A.M. (1) 2008 Annual Report of the Historic Preservation Commission
Dec. 16 - 10:00 A.M. (2) 2008 City Historic Preservation Awards
Dec. 16 - 10:15 A.M. HEARING re: Rezone Application No. R-08-30, filed by City of Fresno
Dec. 16 - 10:30 A.M. HEARING re: the formation of CFD No. 9
Dec. 16 - 10:45 A.M. CONTINUED HEARING regarding Environmental Assessment for Peach Avenue widening
between Belmont and Butler Avenues
Dec. 16 - 3:00 P.M. HEARING re: the proposed “Fresno 40” Development Project and Draft Environmental Impact
Report No. 10142
Dec. 16 - 3:15 P.M. HEARING re: Rezone Application No. R-08-025, Plan Amendment No. A-08-15, filed by Jeffrey
Roberts on behalf of Granville Homes, Inc.
Dec. 16 - 3:20 P.M. HEARING re: Development Agreement betw. the City of Fresno and Ashland/Hayes No. 1 L.P.
Dec. 16 - 3:25 P.M. HEARING Consideration of two appeals filed by property owners located at 3250 and 3320
N. Weber Avenue
Dec. 23 - NO MEETING – CHRISTMAS WEEK
Dec. 30 - NO MEETING – NEW YEAR WEEK
Jan. 6 - 10:00 AM HEARING re: Ordering the vacation of a portion of the east side of N. State St. north of W.
Fairmont Avenue (Property located in District 2) (Continue to 3:00 p.m.)
Jan. 6 - 3:00 P.M CONTINUED HEARING re: Ordering the vacation of a portion of the east side of N. State St.
north of W. Fairmont Avenue (Property located in District 2)
Jan. 13 - 8:30 A.M. Presentation of P.R.I.D.E. Team Certificates - (Reception immediately following – 2nd
floor foyer)
Jan. 13- 10:00 A.M. HEARING re: Aquarius Aquarium – Sphere of Influence, expansion and Plan Amendment
Jan. 20 - NO MEETING – MARTIN LUTHER KING DAY
Jan. 27 - 8:30 A.M. Presentation of Make a Promotion a Commotion (Reception immediately following – 2nd
floor foyer)
Jan. 27 - 10:00 A.M. HEARING re: ordering the vacation of W. California Court and the south five feet of W. California
Avenue east of W. Atchison Street
Jan. 27 - 10:15 A.M. HEARING re: ordering the vacation of two parcels of public street right-of-way along the south
side of Ashlan Avenue east of Cornelia Avenue

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