City Council

City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Meeting Minutes - Final City Council Council President - Steve Brandau Acting President - Oliver Baines, III Councilmembers: Lee Brand, Paul Caprioglio, Clinton J. Olivier, Sal Quintero, Blong Xiong City Manager - Bruce Rudd City Attorney - Douglas T. Sloan City Clerk - Yvonne Spence, CMC Thursday, July 17, 2014 8:30 AM Council Chambers Regular Session 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. 8:43 A.M. ROLL CALL Present: 7 - Council President Steve Brandau Acting Council President Oliver Baines Councilmember Lee Brand Councilmember Paul Caprioglio Councilmember Clinton Olivier Councilmember Sal Quintero Councilmember Blong Xiong Invocation by Henry Pauls of the Central Community Church Pledge of Allegiance to the Flag Ceremonial Presentations: ID#14-149 Presentation of the SPCA Pet of the Month - Councilmember Brand Sponsors: City Councilmember Brand Presented City of Fresno Subject to mayoral veto Printed on 8/22/2014 City Council Meeting Minutes - Final July 17, 2014 ID#14-141 Cooling Centers: PG&E check presentation Sponsors: City Councilmember Brand Presented ID#14-164 Presentation of a Certificate of Recognition to Xavier Richards - Councilmember Baines Presentation of a Certificate of Recognition to Ruby Herr - Councilmember Xiong Presentation of a Certificate of Recognition to Justin Grenier - Councilmember Caprioglio Sponsors: City Councilmember Baines and City Councilmember Caprioglio Presented ID#14-144 Proclamation of “ THE TERRACES AT SAN JOAQUIN GARDENS DAY” Sponsors: City Councilmember Caprioglio Presented Approve Council minutes of June 19 and 26, 2014 Laid over to July 24, 2014 Approve Successor Agency minutes of June 26, 2014 Laid over to July 24, 2014 Councilmember Reports and Comments Councilmember Quintero reported on a re-dedication of the Willow-Balch pocket park in southeast Fresno and thanked the PARCS, Public Works and Solid Waste Departments for their partnership which resulted in new playground equipment and the new trees that were provided by PG&E. Councilmember Quintero thanked Danny Casey, PARCS Director Mollinedo and Anne Kloose from PG&E for their work on the project. City Manager Rudd acknowledged the extensive collaboration that took place on the Willow-Balch pocket park re-dedication and thanked the Department of Public Utilites, Public Utilities Assistant Director Schueber and Grant Writer Yepez-Perez. City of Fresno Subject to mayoral veto Printed on 8/22/2014 City Council Meeting Minutes - Final July 17, 2014 Councilmember Quintero asked for a moment of silence to remember local journalist Eli Setencich who had recently passed. Councilmember Quintero remembered Mr. Setencich as a good friend and former service member who wrote stories with excellent wit and humor. President Brandau noted that Mr. Setencich had flown more than 140 missions in World War II and announced the meeting would be adjourned in his memory. Councilmember Xiong commented on the impact of the drought on small farms and the ability of the City to assist those affected. Councilmember Xiong noted small farmers were overlooked for relief services because they do not own the property they farm, they have limited income and they do not have voices as large as organized farms. President Brandau asked for an update from City Manager Rudd on the County landfill and asked if the consultant's study covered other options for the City. City Manager Rudd stated the first meeting with the consulatnt and County would be on Monday and he would report back to the Council in the next thirty days. City Manager Rudd explained the study did not look at other options but looked strictly at the County and financials. President Brandau reminded Council the City was receiving landfill services on a month to month basis due to an expired contract with the Coutny and stated he felt there were options for the City that would save money for the rate payers. Approve Agenda City Clerk Spence announced the Workshop relating to Bicycle, Pedestrian and Trails Master Plan (File ID #14-126), scheduled for 10:30 A.M. on the agenda, would be heard after lunch. Councilmember Caprioglio pulled File ID# 14-108, scheduled for 10:45 A.M., relating to an appeal of Planning Commission's action to approve vVeting Tentative Tract Map No. 6033, Conditional use Permit No. C+1.-092 and related environmental findings for property located on the northeast corner of North Fowler and East Clinton Avendues. Councilmember Caprioglio announced the item would be rescheduled for August. On motion of Councilmember Xiong, seconded by Councilmember Caprioglio, the AGENDA was approved as amended. The motion carried by the following vote: Aye: 6 - Brandau, Baines, Brand, Caprioglio, Quintero and Xiong Absent: 1 - Olivier City of Fresno Subject to mayoral veto Printed on 8/22/2014 City Council Meeting Minutes - Final July 17, 2014 1. CONSENT CALENDAR APPROVAL OF THE CONSENT CALENDAR On motion of Councilmember Caprioglio, seconded by Acting President Baines, the CONSENT CALENDAR was adopted by the following vote: Aye: 6 - Brandau, Baines, Brand, Caprioglio, Quintero and Xiong Absent: 1 - Olivier ID#14-066 RESOLUTION - Of Intention to annex Final Tract Map No. 6073, Annexation No. 54, to the City of Fresno Community Facilities District No. 11 (north side of East Church Avenue between South Chestnut and Peach Avenues) (Council District 5) RESOLUTION 2014-110 ADOPTED The above item was approved on the Consent Calendar. ID#14-082 *BILL NO. B-29 (Intro. June 26, 2014) (For Adoption) Amending Section 1204.508-E of the Fresno Municipal Code regarding Urban Growth Management development restrictions on the running distance between commercial and industrial developments and an operating City fire station. (Citywide Application) - Development and Resource Management Department and Fresno Fire Department Sponsors: Development and Resource Management Department ORDINANCE 2014-31 ADOPTED The above item was approved on the Consent Calendar. ID#14-100 Actions pertaining to a lease agreement for the office space located at 5051-5059 E. McKinley (Council District 4) - Police Department 1. Adopt a finding of Categorical Exemption pursuant to Article 19, Section 15301/Class 1 (existing facilities) of the California Environmental Quality Act (“CEQA”) Guidelines for the continued lease of office spaces located at 5051-5059 E. McKinley 2. Authorize the Chief of Police to execute a five-year lease agreement with HR, LLC, a California limited liability company, to lease property for Special Investigation Bureau offices located City of Fresno Subject to mayoral veto Printed on 8/22/2014 City Council Meeting Minutes - Final July 17, 2014 at 5051-5059 E. McKinley The above item was approved on the Consent Calendar. ID#14-113 Approve the First Amendment to the Services Agreement between the City of Fresno and Community Media Access Collaborative (CMAC) to increase video production service hours in the amount of $27,000 annually Sponsors: Information Services Department The above item was approved on the Consent Calendar. ID#14-117 RESOLUTION - Approving the Final Map of Tract No. 6004 and accepting dedicated public uses offered therein - southeast corner of North Maple Avenue and East Copper Avenue (Council District 6) Sponsors: Public Works Department RESOLUTION 2014-111 ADOPTED The above item was approved on the Consent Calendar. ID#14-124 Actions pertaining to a lease agreement for hangar facility and ramp space at Fresno Chandler Executive Airport (FCH) (Council District 3) - Airports Department 1. Adopt a finding of Categorical Exemption pursuant to Article 19, Section 15301(a) and (d)/Class (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines to authorize Lease with William Newburn dba Pacific Coast Aero Marine Repair at FCH 2. Approve a lease between the City and William Newburn dba Pacific Coast Aero Marine Repair Sponsors: Airports The above item was approved on the Consent Calendar. City of Fresno Subject to mayoral veto Printed on 8/22/2014 City Council Meeting Minutes - Final July 17, 2014 ID#14-136 Actions pertaining to grant funding from the State of California Alcoholic Beverage Control (“ABC”) - Police Department 1. RESOLUTION - Authorizing acceptance of $70,000 in grant funding from the State of California Alcoholic Beverage Control (“ABC”), authorize the Chief of Police to enter into and execute the agreement and all program required documents 2. * RESOLUTION - 1st amendment to the Annual Appropriation Resolution (AAR) No. 2014-95 appropriating $70,000 for the Police Department’s ABC Enforcement Program (Requires 5 affirmative votes) #1 ADOPTED AS RESOLUTION 2014-112 #2 ADOPTED AS RESOLUTION 2014-113 The above item was approved on the Consent Calendar. ID#14-140 *BILL NO. B-27 (Intro. June 26, 2014) (For Adoption) - Adding Article 9 of Chapter 6 of the Fresno Municipal Code relating to the use of recycled water for plumbing and landscape irrigation and referred to as the “Recycled Water Ordinance” and applicable to all council districts as recycled water availability and future related projects develop Sponsors: Department of Public Utilities ORDINANCE 2014-32 ADOPTED The above item was approved on the Consent Calendar. ID#14-086 Award a contract in the amount of $411,751 to Kimley-Horn and Associates, Inc. for design and engineering services for Bus Rapid Transit (BRT) station area enhancements associated with the Bus and Bus Livability Grant - Bid File No. 100413JD The above item was approved on the Consent Calendar. CONTESTED CONSENT CALENDAR No items were moved to the Contested Consent Calendar. City of Fresno Subject to mayoral veto Printed on 8/22/2014 City Council Meeting Minutes - Final July 17, 2014 2. GENERAL ADMINISTRATION ID#14-121 Enter into a contract for budget software and services in the amount of $488,143 for an initial one (1) year set up of software and an ongoing maintenance agreement with Sherpa Government Solutions LLC of Denver, Colorado - Finance Department On motion of President Brandau, seconded by Acting President Baines, the above item was approved. The motion carried by the following vote: Aye: 6 - Brandau, Baines, Brand, Caprioglio, Quintero and Xiong Absent: 1 - Olivier 4. CLOSED SESSION The City Council met in closed session in Room 2125 from 9:31 A.M. to 10:57 A.M. to discuss the following: ID#14-163 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Government Code Section 54956.9, Subdivision (d)(1) 1. City of Fresno et al. v. Doug Vagim, et al.; Fresno Superior Court No. 13CECG03080, 5th District Court of Appeal No. F069296 Related Matter: Doug Vagim, et al. v. City of Fresno, et al.; Fresno Superior Court No. 13CECG03206 Sponsors: City Attorney's Office The following member(s) of the public spoke on this item: Steve Wayte The above item was discussed in closed session. No open session announcements were made regarding this item. RECESSED 10:57 A.M. to 11:10 A.M. City of Fresno Subject to mayoral veto Printed on 8/22/2014 City Council Meeting Minutes - Final July 17, 2014 5. SCHEDULED COUNCIL HEARINGS AND MATTERS ID#14-154 9:30 AM - Actions Pertaining to the Sufficiency of Initiative Petition Regarding Resolution Nos. 2013-143 and 2013-144 that Adopted a Four Year Water Rate Plan and Required Council Action. a. RESOLUTION - Accepting the City Clerk’s Certificate of Sufficiency for the Initiative Petition b. Take one of the following actions: 1. RESOLUTION - Referring the proposed initiative measure to staff for a report pursuant to Election Code Section 9212; or 2. BILL - (For Introduction) - Repealing Resolution No. 2013- 143 ratifying the Proposition 218 process and adopting the Four Year Water Rate Plan, and Resolution No. 2013-144 amending the Master Fee Schedule adjusting the water rates according to Proposition 218; or 3. RESOLUTION - Submitting to voters a ballot measure relating to Resolution Nos. 2013-143 and 2013-144 that adopted the Four Year Water Rate Plan, for the November 4, 2014 general election. The following memeber(s) of the public spoke on this item: Cheryl Lynn Smith, Doug Vagim, Steven Garrett, Steve Wayte. At the request of City Manager Rudd, Public Utilities Director Esqueda explained, for the record, the purpose of the surface water treatment plant and why it would be more effective than purchasing land for rechage. Director Esqueda stated the site for the surface water treatment plant was approximately 50 acres and it would receive 80 million gallons per day and deliver about 80 million gallons or 95%. For the same amount of water, the recharge system would range from 1,000 to 1,500 acres and efficiency would be lost to evaporation and other considerations including the efficiency of the sites choosen. President Brandau asked DARM Director Clark, for the record, how the South East Growth Area ("SEGA") relates to the proposed surface water treatment plant. Director Clark explained: SEGA was invisioned as a future growth area for the 2025 General Plan with an anticipated completion by the year 2050; the Memorandum of Understanding with the County required the City to fully fill in 60% of it's other development areas before planning for City of Fresno Subject to mayoral veto Printed on 8/22/2014 City Council Meeting Minutes - Final July 17, 2014 SEGA could begin; a Specific Plan and Environmental Analysis are required before portions of SEGA could be annexed; the events required for SEGA are anticipated beyond the 2035 General Plan and the growth in the SEGA area will not occur untill the year 2050 or beyond; infrastructure improvements, such as the proposed surface water treatement plant, benefit the value of the existing investments that property owners in the City have made. Councilmember Brand clarified that Council's intention was to decide the issue and it would not be pushed out beyond November 2014. Council first voted on part "a" of the 9:30 A.M. item to accept the City Clerk's Certificat of Sufficiency for the Iniative Petition followed by a second vote to approve part "b(1)" which referred the proposed initative measure to staff for a report pursuant to Election Code Section 9212. "a" ADOPTED AS RESOLUTION 2014-114 On motion of Councilmember Brand, seconded by Acting President Baines, part "a" accepting the City Clerk's Certificate of Sufficiency for the Initiative Petition was adopted. The motion carried by the following vote: Aye: 7 - Brandau, Baines, Brand, Caprioglio, Olivier, Quintero and Xiong Vote on 9:30 A.M. part "b" "b(1)" ADOPTED AS RESOLUTION 2014-115 On motion of Councilmember Brand, seconded by Acting President Baines, part "b(1)" referring the proposed initative measure to staff for a report pursuant to Election Code Section 9212 was adopted as amended so the report would be completed by July 31, 2014. The motion carried by the following vote: Aye: 6 - Brandau, Baines, Brand, Caprioglio, Olivier and Xiong No: 1 - Quintero RECESSED 12:33 P.M. to 1:43 P.M. SCHEDULED COMMUNICATION ID#14-148 9:55 A.M. Appearance by Rick Morse to discuss the City of City of Fresno Subject to mayoral veto Printed on 8/22/2014 City Council Meeting Minutes - Final July 17, 2014 Fresno Medical Marijuana Ordinance Mr. Morse appearead and spoke to the Council about Medical Marijuana. SCHEDULED COUNCIL HEARINGS AND MATTERS CONTINUED ID#14-128 10:00 A.M. HEARING to consider formation of Underground Utility District No. FRE-93 on the north side of Nees Avenue from Maple Avenue to Hayston Avenue (Council District 6) 1. RESOLUTION - Establishing Underground District No. FRE- 93 along the north side of Nees Avenue from Maple Avenue to Hayston Avenue Sponsors: Public Works Department The following member(s) of the public spoke on this item: Barbara Hunt. RESOLUTION 2014-116 ADOPTED On motion of Councilmember Brand, seconded by Councilmember Caprioglio, the above item was adopted. The motion carried by the following vote: Aye: 5 - Brandau, Brand, Caprioglio, Quintero and Xiong Absent: 2 - Baines and Olivier ID#14-065 10:15 AM - HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding City of Fresno Community District No. 11, Annexation No. 55 (Final Tract Map No. 5531) (east side of S. Armstrong Avenue south of the San Joaquin Valley Railroad) (Council District 5) 1. RESOLUTION - Annexing Territory to Community Facilities District No. 11 and authorizing the levy of a special tax 2. RESOLUTION - Calling Special Mailed-Ballot Election 3. RESOLUTION - Declaring Election Results 4. * BILL - (For introduction and adoption) - Levying a Special Tax for the Property Tax Year 2013-2014 and Future Tax Years Within and Relating to Community Facilities District No. 11, Annexation No. 55, Final Tract Map No. 5531 The following member(s) of the public spoke on this item: Barbara Hunt. #1 ADOPTED AS RESOLUTION 2014-117 #2 ADOPTED AS RESOLUTION 2014-118 City of Fresno Subject to mayoral veto Printed on 8/22/2014 City Council Meeting Minutes - Final July 17, 2014 #3 ADOPTED AS RESOLUTION 2014-119 #4 ADOPTED AS BILL B- 31 AND ORDINANCE 2014-33 On motion of Councilmember Quintero, seconded by Councilmember Brand, the above item was approved. The motion carried by the following vote: Aye: 5 - Brandau, Brand, Caprioglio, Quintero and Xiong Absent: 2 - Baines and Olivier ID#14-126 10:30 AM - WORKSHOP relating to Bicycle, Pedestrian and Trails Master Plan Sponsors: Public Works Department The workshop was held and presented by Public Works Director Mozier, Maddy Institute Director Keppler and Granville Homes President Assemi. Councilmember Caprioglio directed staff to provide an update on bicycle accidents in the City. President Brandau directed staff to include the concepts presented in the workshop at the next Council of Governments meeting. 3. CITY COUNCIL ID#14-150 Council Boards and Commissions Communications, Reports, Assignments and/or Appointments, Reappointments, Removals to/from City and non-City Boards and Commissions: A. Council Boards and Commissions Communications, Reports, Assignments and/or Appointments, Reappointments, Removals to/from City and non-City Boards and Commissions: 1. Council of Governments - Swearengin-Ex-Officio (Olivier-Alternate) 2. Financial Audit Committee - Brand, Olivier, Xiong 3. Fresno Area Workforce Investment Corporation - Baines 4. Fresno County Transportation Authority (FCTA) - Swearengin, Brandau 5. Fresno Regional Workforce Investment Board - Baines, Renena Smith 6. Fresno County Zoo Authority - Swearengin (Baines-Alternate) 7. Fresno Madera Area Agency on Aging Board - Olivier City of Fresno Subject to mayoral veto Printed on 8/22/2014 City Council Meeting Minutes - Final July 17, 2014 8. Joint Powers Financing Authority - Baines, Xiong, Swearengin 9. Leadership Council on Ending Homelessness - Swearengin, Baines 10. San Joaquin River Conservancy Board - Swearengin (Brandau-Alternate) 11. Association for the Beautification of Highway 99 - Baines 12. Upper Kings Basin Integrated Regional Water Management JPA - Xiong 13. Pension Reform Task Force - Brand, Xiong, (3rd Member vacant) 14. Economic Development Corporation Serving Fresno County - Brandau-Ex-Officio 15. Fresno/Clovis Convention & Visitors Bureau (CVB) - Amy Fuentes 16. League of California Cities (Annual Meeting) - Swearengin (Olivier-Alternate) 17. San Joaquin Valley Air Pollution Control District - Baines 18. Infill Development Ad Hoc Subcommittee - Brand, Baines, Olivier 19. Litigation Exposure Reduction Ad Hoc Committee - Brandau, Caprioglio 20.Convention Center Oversight Advisory Board - Baines, (Brand-Alternate), City Manager, SMG General Manager and one representative from each of SMG’s organizations Sponsors: City Clerk's Office No comments or reports were made. City of Fresno Subject to mayoral veto Printed on 8/22/2014 City Council Meeting Minutes - Final July 17, 2014 ID#14-145 Designation of one (1) voting delegates and up to two (2) alternates for the League of California Cities Annual Conference to be held September 3 - 5, 2014 Sponsors: City Councilmember Brandau On motion of President Brandau, seconded by Councilmember Xiong, President Brandau was designated as the voting delegate and Councilmembers Olivier and Caprioglio were designated as alternates. The motion carried by the following vote: Aye: 5 - Brandau, Brand, Caprioglio, Quintero and Xiong Absent: 2 - Baines and Olivier ID#14-108 10:45 AM - Consider an appeal filed by Councilmember Caprioglio, appealing the Planning Commission’s action to approve Vesting Tentative Tract Map No. 6033, Conditional Use Permit No. C-13-092 and related environmental findings, by Jeffrey T. Roberts of Granville Homes, Inc., for property located on the northeast corner of North Fowler and East Clinton Avenues (Council District 4) (Continued - Time and date to be determined) Sponsors: City Councilmember Caprioglio Removed from agenda by Councilmember Caprioglio UNSCHEDULED COMMUNICATION The following member(s) of the public spoke to Council about items not on the agenda: Barbara Hunt - discussed: the number of committees and appointments held by Councilmembers; illegal elections due to mislabling of southwest Fresno as southeast Fresno; Councilmembers receiving money from developers, and; the inequitable distribution of tax money throughtout the City. ADJOURNMENT Adjourned in the memory of Eli Setencich at 3:46 P.M. City of Fresno Subject to mayoral veto Printed on 8/22/2014