City Council
Regular MeetingFresno, CA · August 21, 2014
Minutes
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, August 21, 2014 1:30 PM Council Chambers
Regular Session
The City Council met in regular session at the hour of 1:30 P.M. in the Council
Chamber, City Hall, on the day above written.
Invocation by Kevin Foster of the Life Bridge Community Church
Pledge of Allegiance to the Flag
1:37 P.M. ROLL CALL
Present: 6 - Acting Council President Oliver Baines
Councilmember Lee Brand
Councilmember Paul Caprioglio
Councilmember Clinton Olivier
Councilmember Sal Quintero
Councilmember Blong Xiong
Absent: 1 - Council President Steve Brandau
Ceremonial Presentations
A moment of silence was held in the memory of Jack Hall. Councilmember
Olivier requested the Council meeting be adjourned in the memory of Mr.
Hall.
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City Council Meeting Minutes - Final August 21, 2014
ID#14-287 Presentation of the SPCA Pet of the Month -Councilmember Olivier
Sponsors: City Clerk's Office
Presented
Approve City Council Minutes
ID#14-302 Approval of City Council minutes from July 17, July 24 and July 31, 2014
Sponsors: City Clerk's Office
City Clerk Spence announced that page 15 of the minutes for July 31, 2014
should note that the Bill introduced and Laid over for File ID# 14-203 was Bill
B-34.
APPROVED AS AMENDED
On motion of Councilmember Caprioglio, seconded by Councilmember
Quintero, the above Minutes were approved as amended. The motion
carried by the following vote:
Aye: 6 - Baines, Brand, Caprioglio, Olivier, Quintero and Xiong
Absent: 1 - Brandau
Approve Successor Agency / Fresno Revitalization Corporation Minutes
ID#14-303 Approval of Successor Agency minutes from July 31, 2014 and Fresno
Revitalization Corporation minutes from June 19 and 26, 2014.
Sponsors: City Clerk's Office
APPROVED
On motion of Councilmember Caprioglio, seconded by Councilmember
Xiong, the above Successor Agency Minutes and Fresno Revitaliztion
Corporation Minutes were approved. The motion carried by the
following vote:
Aye: 6 - Baines, Brand, Caprioglio, Olivier, Quintero and Xiong
Absent: 1 - Brandau
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City Council Meeting Minutes - Final August 21, 2014
Councilmember Reports and Comments
Councilmember Quintero reported on the forthcoming second annual
Carnival at the Mosqueda Community Center. Councilmember Quintero
thanked the PARCS Department and all involved for the preparations being
made and expected the event to bring in more than the 5,000 people that
attended last year.
Councilmember Caprioglio reported on the third annual Summer Summit in
which community partners gathered to discuss El Dorado Park and its
success. Councilmember Caprioglio announced there would be a walk at
10:00 A.M. on Saturday in a continued effort at Community Revitalization at
a grass roots level. The walk will begin at Sierra Madre, the first street
south of Shaw between Cedar and Maple. Councilmember Caprioglio also
reported on the outreach by Councilmembers Olivier and President Brandau
with Madera County Supervisors and noted the City of Fresno was
continuing its outreach on a regional basis and within the County.
Councilmember Caprioglio noted another regional meeting would be
scheduled within the next sixty days.
Councilmember Xiong asked City Manager Rudd if a youth organization had
contacted his office and reported that he was working with a developer and
City staff to host a future community meeting about the Vallarta
Development at Clinton and Weber Avenues.
Approve Agenda
Councilmember Brand continued City Council Item, ID# 14-234, concerning
controlled substances on public and City property, to August 28, 2014.
APPROVED AS AMENDED
On motion by Councilmember Quintero, seconded by Councilmember
Olivier, the Agenda was approved as amended. The motion carried by
the following vote:
Aye: 6 - Baines, Brand, Caprioglio, Olivier, Quintero and Xiong
Absent: 1 - Brandau
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City Council Meeting Minutes - Final August 21, 2014
1. CONSENT CALENDAR
APPROVAL OF THE CONSENT CALENDAR
The following member(s) of the public spoke on Consent Calendar Items:
Phil Sky (File ID#14-277)
On motion of Councilmember Xiong, seconded by Councilmember
Olivier, the CONSENT CALENDAR was hereby adopted by the following
vote:
Aye: 6 - Baines, Brand, Caprioglio, Olivier, Quintero and Xiong
Absent: 1 - Brandau
ID#14-123
Approve the attached Utility Relocation Agreement with the California
High-Speed Rail Authority (CHSRA) (Council Districts 1, 2 & 3)
Sponsors: Public Works Department
APPROVED
The above item was approved on the Consent Calendar.
ID#14-192 Approve agreements with Unison to complete the purchase of a defined
easement for the cell site at Fire Station 13
Sponsors: Fire Department
APPROVED
The above item was approved on the Consent Calendar.
ID#14-219 *RESOLUTION - 9th amendment to the Annual Appropriation
Resolution No. 2014-95 appropriating $237,600 from the 2014
Byrne Justice Assistance Grant Program award, from the U.S.
Department of Justice, Bureau of Justice Assistance (Requires
5 affirmative votes)
RESOLUTION 2014-126 ADOPTED
The above item was adopted on the Consent Calendar.
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ID#14-223 Authorize the Director of Transportation to execute an agreement
between the City of Fresno and California State University, Fresno,
allowing the university to use its agency-issued identification cards as
fare media for access on Fresno Area Express fixed-route buses
Sponsors: Department of Public Transportation (FAX)
APPROVED
The above item was approved on the Consent Calendar.
ID#14-232 RESOLUTION - Dedicating certain City-owned property as easements
for public street, pedestrian walkway, utility and landscape purposes at
Pump Station No. 349 located at the southwest corner of N. Locan
Avenue and E. Andrews Avenue (Council District 4)
Sponsors: Public Works Department
RESOLUTION 2014-127 ADOPTED
The above item was adopted on the Consent Calendar.
ID#14-233
BILL - (For introduction) Amending the uncodified ordinance to adopt
changes and additions to the official list of designated special speed
zones for various streets within the City of Fresno pursuant to Section
14-1501 of the Fresno Municipal Code (Citywide)
Sponsors: Public Works Department
BILL B-35 INTRODUCED AND LAID OVER
The above Bill was introduced and laid over on the Consent Calendar.
ID#14-236 Approve the reappointment of Mary Ann Rogozinski to the Civil Service
Board; the appointment of Karl Johnson and the reappointments of
Timothy D. Lowe and Craig Scharton to the Fresno Housing Authority
Sponsors: Mayor's Office
APPROVED
The above appointment was approved on the Consent Calendar.
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ID#14-237 *RESOLUTION - Adopting the 11th amendment to the Annual
Appropriation Resolution 2014-95 recognizing $10,000 in revenue from
developer contributions to form the City of Fresno Community Facilities
District No. 15 East Copper River Maintenance District (the eastern half
of the Copper River Ranch Development, between Silaxo Lane (private
street), East Copper Avenue, North Willow Avenue and North Baird
Avenue) (Council District 6) (Requires 5 affirmative votes)
Sponsors: Public Works Department
RESOLUTION 2014-128 ADOPTED
The above item was adopted on the Conesnt Calendar.
ID#14-238 1. *Adopt a Side Letter of Agreement on Compensatory Time Off
between the City of Fresno (City) and the International
Association of Fire Fighters, Local 753 - Unit 5, Non-Management
Fire (Fire Basic)
2. *Adopt an Amendment to the Memorandum of Understanding
(MOU) between the City of Fresno (City) and the International
Association of Fire Fighters, Local 753 - Unit 10 (Fire
Management), correcting a clerical error
Sponsors: Personnel Services Department
APPROVED
The above item was adopted on the Consent Calendar.
ID#14-252 * RESOLUTION - 10th amendment to the Annual Appropriation
Resolution No. 2014-95 appropriating $25,000 from PG&E for the
operation of the Summer Cooling Centers (Requires 5 affirmative
votes)
RESOLUTION 2014-129 ADOPTED
The above item was adopted on the Consent Calendar.
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ID#14-264 *RESOLUTION - 7th Amendment to the Annual Appropriation
Resolution 2014-95 appropriating $94,000 into the FY 15 budget for the
Anti-Human Trafficking Task Force Project from the California Office of
Emergency Services (CalOES) (Requires 5 affirmative votes)
Sponsors: Police Department
RESOLUTION 2014-130 ADOPTED
The above item was adopted on the Consent Calendar.
ID#14-265 *RESOLUTION - 8th amendment to the Annual Appropriation
Resolution 2014-95 appropriating $42,000 for the Child Sexual Predator
Program (CSPP), funding by the US Department of Justice, Office of
Community Oriented Policing Services (COPS) (Requires 5 affirmative
votes)
Sponsors: Police Department
RESOLUTION 2014-131 ADOPTED
The above item was adopted on the Consent Calendar.
ID#14-271 Approve an Amendment to the Agreement between the City of Fresno
and Avante Behavioral Health Employee Assistance Program
Sponsors: Personnel Services Department
APPROVED
The above item was approved on the Consent Calendar.
ID#14-283 Action Pertaining to Repeal of the Four Year Water Rate Plan
1. * BILL NO. B-34 (Intro 7/31/2014) (For adoption) - Adopting the
Ordinance Repealing Resolution No. 2013-143 that adopted the Four
Year Water Rate Plan and Resolution No. 2013-144 that amended
the Master Fee Schedule adjusting the water rates;
Sponsors: City Clerk's Office
ORDINANCE 2014-35 ADOPTED
The above item was adopted on the Consent Calendar.
ID#14-277 *BILL NO. B-32 - (Intro. 7/31/2014) (For adoption) - Amending the
Fresno Municipal Code to add Article 6.5 of Chapter 10, authorizing
citizens to file Administrative Complaints for Municipal Code violations
involving public nuisances.
Sponsors: City Attorney's Office
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Councilmember Olivier noted that he would like to register a "no" vote for the
above item. The above item was subsequently moved to the Contested
Consent Calendar for further discussion by Acting President Baines.
ID#14-288 Approve the appointment of George Railey, Jr. to the Fresno Regional
Workforce Investment Board; and Joe Martinez to the Bicycle and
Pedestrian Advisory Committee
APPROVED
The above appointment was was approved on the Consent Calendar.
ID#14-298 *BILL NO. B-33 (Intro. 7/31/2014) (For adoption) - Amend Sections
1-405, 1-407, 1-408, and 1-409 of the Fresno Municipal Code relating to
the Administrative Hearing procedure
Sponsors: City Attorney's Office
ORDINANCE 2014-36 ADOPTED
The above item was adopted on the Consent Calendar.
CONTESTED CONSENT CALENDAR
ID#14-277 *BILL NO. B-32 - (Intro. 7/31/2014) (For adoption) - Amending the
Fresno Municipal Code to add Article 6.5 of Chapter 10, authorizing
citizens to file Administrative Complaints for Municipal Code violations
involving public nuisances.
Sponsors: City Attorney's Office
City Attorney Sloan briefly discussed the item.
TABLED
On motion of Acting President Baines, seconded by Councilmember
Olivier, the above item was tabled until after the Code Enforcement
sub-committee could meet on the issue. The motion carried by the
following vote:
Aye: 6 - Baines, Brand, Caprioglio, Olivier, Quintero and Xiong
Absent: 1 - Brandau
2. GENERAL ADMINISTRATION
ID#14-211 Actions pertaining to the Fresno Street Pavement Overlay Project from
Gettysburg Avenue to Sierra Avenue - Bid File 3339 (Council Districts 4
and 6)
1. Adopt finding of Categorical Exemption per staff determination,
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City Council Meeting Minutes - Final August 21, 2014
pursuant to Section 15301(c) of the CEQA Guidelines, for the
Fresno Street Pavement Overlay from Gettysburg Avenue to Sierra
Avenue
2. * RESOLUTION - 6th amendment to the Annual Appropriation
Resolution No. 2014-95 to appropriate $1,332,600 for construction
costs on the Fresno Street Pavement Overlay Project from
Gettysburg Avenue to Sierra Avenue Capital Project in FY 2015
(Requires 5 affirmative votes)
3. Award a Construction Contract to AS Dezign Inc., of Fresno,
California in the amount of $1,077,551 as the lowest responsive
responsible bidder for the Fresno Street Pavement Overlay Project
from Gettysburg Avenue to Sierra Avenue
Sponsors: Public Works Department
Design Services Manager Goonawardena introduced the above item to
Council.
RESOLUTION 2014-132 ADOPTED
On motion of Councilmember Caprioglio, seconded by Councilmember
Xiong, the above item was adopted. The motion carried by the
following vote:
Aye: 6 - Baines, Brand, Caprioglio, Olivier, Quintero and Xiong
Absent: 1 - Brandau
ID#14-221
Actions pertaining to the Millbrook Road Diet and Bike Lanes - Shields
Avenue to Gettysburg Avenue Project Bid File 3290 (Council Districts 4
and 7)
1. Adopt finding of a Categorical Exemption pursuant to Class 1
Section 15301(c) (Existing Facilities) of the CEQA Guidelines for the
Millbrook Road Diet and Bike Lanes - Shields Avenue to Gettysburg
Avenue
2. Award a construction contract with Seal Rite Paving and Grading of
Fresno, California in the amount of $350,568 for the Millbrook Road
Diet and Bike Lanes - Shields Avenue to Gettysburg Avenue Project
Sponsors: Public Works Department
Capital Project Manager Son introduced the above item to Council and
Director Mozier addressed some questions by Council.
The following member(s) of the public spoke on this item: Austin Gyllenhaal.
APPROVED
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City Council Meeting Minutes - Final August 21, 2014
On motion of Councilmember Caprioglio, seconded by Councilmember
Xiong, the above item was approved. The motion carried by the
following vote:
Aye: 5 - Baines, Brand, Caprioglio, Quintero and Xiong
No: 1 - Olivier
Absent: 1 - Brandau
ID#14-231
RESOLUTION - To submit Grant Applications for up to $1,300,000 to
Fresno Council of Governments Regional Competitive Active
Transportation Program (RCATP) and authorizing the execution of
documents by the Public Works Director or Designee
Sponsors: Public Works Department
Capital Project Manager Son introduced the above item to Council and
Director Mozier addressed some questions by Council.
The following member(s) of the public spoke on this item: Austin Gyllenhaal.
RESOLUTION 2014-133 ADOPTED
On motion of Councilmember Xiong, seconded by Councilmember
Quintero, the above item was adopted. The motion carried by the
following vote:
Aye: 6 - Baines, Brand, Caprioglio, Olivier, Quintero and Xiong
Absent: 1 - Brandau
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City Council Meeting Minutes - Final August 21, 2014
ID#14-247 Implementation of Fire Department Self-Inspection Program and Fire
Inspection Policy Change Recommendations
1. * RESOLUTION - 1st amendment to the Position Authorization
Resolution No. 2014-96 adding two (2) Fire Inspector positions to the
Fire Department and two (2) Fire Inspector positions to the
Development and Resource Management Department
Sponsors: Fire Department
Chief Donis introduced the above item to Council.
CONTINUED
On motion of Councilmember Brand, seconded by Councilmember
Olivier, the above item was continued to August 28, 2014. The motion
carried by the following vote:
Aye: 6 - Baines, Brand, Caprioglio, Olivier, Quintero and Xiong
Absent: 1 - Brandau
3. CITY COUNCIL
ID#14-234 BILL (For introduction) - Adding Article 6 of Chapter 5 to the Fresno
Municipal Code prohibiting controlled substance use on City property.
Sponsors: City Councilmember Brand
The above item was removed from the Agenda by Councilmember Brand
and continued to August 28, 2014.
5. SCHEDULED COUNCIL HEARINGS AND MATTERS
2:30 P.M. SCHEDULED COMMUNICATION
ID#14-300 Appearance by Sandra Celedon-Castro to discuss Building Healthy
Communities
Sandra Celedon-Castro, Hub Manager of Building Healthy Communities,
and Veronica Garibay, Co-Director of the Leadersihip Council for Justice
and Accountability, appeared and spoke to the Council about building
healthy communities in Fresno and the General Plan update.
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City Council Meeting Minutes - Final August 21, 2014
UNSCHEDULED COMMUNICATION
The following member(s) of the public spoke to Council about items not on
the agenda:
Ashley Werner, staff attorney with the Leadership Council for Justice and
Accountability - discussed infill, transit, parks and open space in relation to
the general plan update.
Sabina Gonzalez of CNC Education Fund - provided a map to council and
discussed the general plan updated including: investment priorities,
industrial uses in south and west Fresno, public involvement in the decision
making process, monitoring and reporting on the goals of the general plan.
Acting President Baines announced that unscheduled communication would
be interrupted for Closed Session but would resume when open session
continued.
4. CLOSED SESSION
The City Council met in closed session in Room 2125 from 3:08 P.M. to 3:56
P.M to discuss the following:
ID#14-206 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Government Code Section 54956.9, subdivision (d)(1)
1. City of Fresno v. Fresno Auto Dealers Auction, Inc., et al.
Fresno County Superior Court Case No.: 13CECG00288
Sponsors: City Attorney's Office
The above item was discussed in closed session. No open session
announcements were made regarding this item.
ID#14-240
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Government Code Section 54956.9, subdivision (d)(1)
Case Name: Joan Byrd, et al. v. County of Fresno, City of Fresno
Fresno County Superior Court Case No.: 14CECG01502
Case Name: Union of Medical Marijuana Patients, Inc., et al. v. City of
Fresno
Fresno County Superior Court Case No.: 14CECG01316
Sponsors: City Attorney's Office
The above item was discussed in closed session. No open session
announcements were made regarding this item.
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City Council Meeting Minutes - Final August 21, 2014
UNSCHEDULED COMMUNICATION CONTINUED
The following member(s) of the public spoke to Council about items not on
the agenda:
Rick Morse - discussed the recent tour of his medical marijuana facility and
provided Council with handouts from the tour.
Brunette Harris of the Southwest Fresno H.E.A.T. - discussed the lack of
input from the community on the general plan update and various projects
and the resulting illegality of those items.
Mary Savala of the League of Women Voters of Fresno - discussed transit in
the draft general plan including the weak implementing policies, the need for
efficiencies and the difficulty of measuring the plans effectiveness.
Pastor Christopher Breedlove of Community UCC - requested a designated
time for Building Healthy Communities and like-minded partners to offer a
full presentation of comments on the 2035 General Plan and a time for a full
public workshop and robust public input.
Mary Curry of Concerned Citizens of West Fresno - discussed finding a way
for elected officials to allow community organizations to give presentations to
Council.
Councilmember Quintero called Mary Savala to the podium for additional
comment. Ms. Saval expressed her disappointment about how the Building
Healthy Community coalition presentation on the general plan update was
broken into pieces and suggested that procedural changes be considered.
GENERAL ADMINISTRATION CONTINUED
ID#14-254 Approve Second Amendment to Agreement with Carollo Engineers, Inc.,
for the Design of the City of Fresno’s 80-Million Gallon Per Day
Southeast Surface Water Treatment Facility and Raw Water Diversion
and Conveyance Pipeline and Authorize the Director of Public Utilities or
his designee to sign the Amendment on behalf of the City of Fresno
(City)
Sponsors: Department of Public Utilities
Director Esqueda introduced the above item Council.
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APPROVED
On motion of Councilmember Brand, seconded by Councilmember
Xiong, the above item was approved. The motion carried by the
following vote:
Aye: 6 - Baines, Brand, Caprioglio, Olivier, Quintero and Xiong
Absent: 1 - Brandau
ID#14-267 Action pertaining to an Annual Appropriation Resolution for the High
Speed Rail Station Area Master Plan
1. * RESOLUTION- 3rd amendment to the Annual Appropriation
Resolution (AAR) No. 2014-95 appropriating $1,020,000 for High
Speed Rail Station Master Plan consulting services and
miscellaneous City expenses ( Requires 5 affirmative votes)
Director Clark introduced the above item to Council.
The following memeber(s) of the public discussed this item: Kathy Omachi,
Alan Scott and Cheryl Lynn Smith.
NOT APPROVED
Acting President Baines motioned to approve the above item and
received a second from Councilmember Xiong. The motion FAILED by
the following vote:
Aye: 3 - Baines, Quintero and Xiong
No: 3 - Brand, Caprioglio and Olivier
Absent: 1 - Brandau
ID#14-268 BILL - (For introduction) - Consider repealing Section 12-328 of the
Fresno Municipal Code and adding Article 22 of Chapter 12 to the
Fresno Municipal Code relating to outdoor dining
Assistant Director Sanchez introduced the above item to Council.
BILL B-36 INTRODUCED AND LAID OVER
On motion of Councilmember Caprioglio, seconded by Councilmember
Olivier, the above item was adopted. The motion carried by the
following vote:
Aye: 6 - Baines, Brand, Caprioglio, Olivier, Quintero and Xiong
Absent: 1 - Brandau
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SCHEDULED COUNCIL HEARINGS AND MATTERS CONTINUED
2:00 P.M. HEARING
ID#14-226 HEARING to adopt resolutions and ordinance to annex territory and levy
a special tax regarding City of Fresno Community Facilities District No.
11, Annexation No. 54 (Final Tract Map No. 6073) (north side of East
Church Avenue between South Chestnut and Peach Avenues) (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 2014-2015 and Future Tax Years Within and
Relating to Community Facilities District No. 11, Annexation No. 54,
Final Tract Map No. 6073
Sponsors: Public Works Department
Assistant Director Benelli introduced the above item to Council.
#1 ADOPTED AS RESOLUTION 2014-134
#2 ADOPTED AS RESOLUTION 2014-135
# 3 ADOPTED AS RESOLUTION 2014-136
#4 INRODUCED AS BILL B-37 AND ADOPTED AS ORDINANCE 2014-37
On motion of Councilmember Quintero, seconded by Councilmember
Brand, the above item was adopted. The motion carried by the
following vote:
Aye: 6 - Baines, Brand, Caprioglio, Olivier, Quintero and Xiong
Absent: 1 - Brandau
4:00 P.M. WORKSHOP
ID#14-162 WORKSHOP regarding R-1 (Single Family Residential) property
development standards
Sponsors: Development and Resource Management Department
Director Clark presented the workshop followed by consultant Steven Balliet
of Jeffrey DeMure and Associates, and Dana Burkhart of Hubl Planning and
Design.
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City Council Meeting Minutes - Final August 21, 2014
Councilmember Quintero directed staff to provide clearer print copies of the
powerpoint presentation.
PRESENTED
CLOSED SESSION CONTINUED
The City Council continued in closed session in Room 2125 from 6:21 P.M.
to 7:45 P.M. to discuss the following:
ID#14-251
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Government Code Section 54956.9, subdivision (d)(2)
Significant Exposure to Litigation: NORTH CENTRAL FIRE
PROTECTION DISTRICT v. CITY OF FRESNO
Sponsors: City Attorney's Office
The above item was discussed in closed session. No open session
announcements were made regarding this item.
ID#14-285 A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION
Government Code Section 54956.9, subdivision (d)(2)
Significant Exposure to Litigation: Under Seal v. Under Seal
The above item was discussed in closed session. No open session
announcements were made regarding this item.
ID#14-295 CONFERENCE WITH LABOR NEGOTIATOR - Government Code
Section 54957.6
City Negotiator(s): Jeffrey Cardell, Ken Phillips
Employee Organization(s):
City of Fresno Management Employees Association (CFMEA)
City of Fresno Professional Employees Association (CFPEA)
IUOE, Stationary Engineers, Local 39 (L39)
Fresno City Employees Association (FCEA)
Fresno Police Officers Association (FPOA Basic)
International Association of Firefighters, Local 753 (Fire Basic)
Amalgamated Transit Union, Local 1027 (ATU)
International Brotherhood of Electrical Workers, Local 100 (IBEW)
Fresno Police Officers Association (FPOA Management)
International Association of Firefighters, Local 753 (Fire Mgmt.)
Fresno Airport Public Safety Supervisors (FAPSS)
Sponsors: Personnel Services Department
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City Council Meeting Minutes - Final August 21, 2014
The above item was discussed in closed session. No open session
announcements were made regarding this item.
ID#14-312 CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Government
Code Section 54956.8
Property: Chukchansi Park (Multipurpose Stadium)
Negotiating Parties: City Manager Bruce Rudd; Chris Cummings, Fresno
Baseball Club, LLC and Fresno Baseball Club, LLP
Sponsors: City Manager's Office
The above item was discussed in closed session. No open session
announcements were made regarding this item.
ADJOURNMENT
Adjourned in the memory of Jack Hall at 7:45 P.M.
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Agenda
City of Fresno
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
Meeting Agenda - Final-revised
Thursday, August 21, 2014
1:30 PM
Regular Session
Council Chambers
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
City Council Meeting Agenda - August 21, 2014
Final-revised
The City Council welcomes you to the Council Chambers, located in City Hall,
2nd Floor, 2600 Fresno Street, Fresno CA 93721.
The agenda and related staff reports are available on (www.fresno.gov) as well as in
the Office of the City Clerk. The Council meeting can also be heard live at the same
web site address, and viewed live on Comcast Channel 96 and AT&T Channel 99 from
8:30 a.m. and re-played beginning at 8:00 p.m.
The meeting room is accessible to the physically disabled. If you require special
assistance to participate in the meeting, notify the Office of the City Clerk at
559-621-7650 at least three business days prior to the meeting. Please keep the
doorways, aisles and wheelchair seating areas open and accessible. If you need
assistance with seating because of a disability, contact Security.
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.
The green light on the podium will be turned on when the speaker begins. The yellow
light will come on with one minute remaining. The speaker should be completing the
testimony by the time the red light comes on and tones sound, indicating that time has
expired. A countdown of time remaining to speak is also displayed on the large screen
behind the Council dais.
No documents shall be accepted for Council review unless they are submitted to the
City Clerk at least 24 hours prior to the Council Agenda item being heard.
Following is a general schedule of items for Council consideration and action. The City
Council may consider and act on an agenda item in any order it deems appropriate.
Actual timed items may be heard later but not before the time set on agenda. Persons
interested in an item listed on the agenda are advised to be present throughout the
meeting to ensure their presence when the item is called.
AGENDA ITEMS MARKED WITH AN ASTERISK (*) ARE SUBJECT TO MAYORAL
VETO OR RECONSIDERATION.
City of Fresno Page 2 Printed on 8/18/2014
City Council Meeting Agenda - August 21, 2014
Final-revised
1:30 P.M. ROLL CALL
Invocation by Kevin Foster of the Life Bridge Community Church
Pledge of Allegiance to the Flag
Ceremonial Presentations
ID#14-287 Presentation of the SPCA Pet of the Month -Councilmember
Olivier
Sponsors: City Clerk's Office
Approve City Council Minutes
ID#14-302 Approval of City Council minutes from July 17, July 24 and
July 31, 2014
Sponsors: City Clerk's Office
Approve Successor Agency / Fresno Revitalization Corporation Minutes
ID#14-303 Approval of Successor Agency minutes from July 31, 2014
and Fresno Revitalization Corporation minutes from June 19
and 26, 2014.
Sponsors: City Clerk's Office
Councilmember Reports and Comments
Approve Agenda
1. CONSENT CALENDAR
All Consent Calendar items are considered to be routine and will be treated as one
agenda item. The Consent Calendar will be enacted by one motion. Public
comment on the Consent Calendar is limited to three (3) minutes per speaker.
There will be no separate discussion of these items unless requested by a
Councilmember, in which event the item will be removed from the Consent
Calendar and will be considered as time allows.
ID#14-123 Approve the attached Utility Relocation Agreement with the
California High-Speed Rail Authority (CHSRA) (Council
Districts 1, 2 & 3)
City of Fresno Page 3 Printed on 8/18/2014
City Council Meeting Agenda - August 21, 2014
Final-revised
Sponsors: Public Works Department
ID#14-192 Approve agreements with Unison to complete the purchase
of a defined easement for the cell site at Fire Station 13
Sponsors: Fire Department
ID#14-219 *RESOLUTION - 9th amendment to the Annual
Appropriation Resolution No. 2014-95 appropriating
$237,600 from the 2014 Byrne Justice Assistance Grant
Program award, from the U.S. Department of Justice,
Bureau of Justice Assistance (Requires 5 affirmative votes)
ID#14-223 Authorize the Director of Transportation to execute an
agreement between the City of Fresno and California State
University, Fresno, allowing the university to use its
agency-issued identification cards as fare media for access
on Fresno Area Express fixed-route buses
Sponsors: Department of Public Transportation (FAX)
ID#14-232 RESOLUTION - Dedicating certain City-owned property as
easements for public street, pedestrian walkway, utility and
landscape purposes at Pump Station No. 349 located at the
southwest corner of N. Locan Avenue and E. Andrews
Avenue (Council District 4)
Sponsors: Public Works Department
ID#14-233 BILL - (For introduction) Amending the uncodified ordinance
to adopt changes and additions to the official list of
designated special speed zones for various streets within the
City of Fresno pursuant to Section 14-1501 of the Fresno
Municipal Code (Citywide)
Sponsors: Public Works Department
ID#14-236 Approve the reappointment of Mary Ann Rogozinski to the
Civil Service Board; the appointment of Karl Johnson and the
reappointments of Timothy D. Lowe and Craig Scharton to
the Fresno Housing Authority
Sponsors: Mayor's Office
City of Fresno Page 4 Printed on 8/18/2014
City Council Meeting Agenda - August 21, 2014
Final-revised
ID#14-237 *RESOLUTION - Adopting the 11th amendment to the
Annual Appropriation Resolution 2014-95 recognizing
$10,000 in revenue from developer contributions to form the
City of Fresno Community Facilities District No. 15 East
Copper River Maintenance District (the eastern half of the
Copper River Ranch Development, between Silaxo Lane
(private street), East Copper Avenue, North Willow Avenue
and North Baird Avenue) (Council District 6) (Requires 5
affirmative votes)
Sponsors: Public Works Department
ID#14-238 1. *Adopt a Side Letter of Agreement on Compensatory
Time Off between the City of Fresno (City) and the
International Association of Fire Fighters, Local 753 - Unit 5,
Non-Management Fire (Fire Basic)
2. *Adopt an Amendment to the Memorandum of
Understanding (MOU) between the City of Fresno (City) and
the International Association of Fire Fighters, Local 753 -
Unit 10 (Fire Management), correcting a clerical error
Sponsors: Personnel Services Department
ID#14-252 * RESOLUTION - 10th amendment to the Annual
Appropriation Resolution No. 2014-95 appropriating $25,000
from PG&E for the operation of the Summer Cooling Centers
(Requires 5 affirmative votes)
ID#14-264 *RESOLUTION - 7th Amendment to the Annual
Appropriation Resolution 2014-95 appropriating $94,000 into
the FY 15 budget for the Anti-Human Trafficking Task Force
Project from the California Office of Emergency Services
(CalOES) (Requires 5 affirmative votes)
Sponsors: Police Department
ID#14-265 *RESOLUTION - 8th amendment to the Annual
Appropriation Resolution 2014-95 appropriating $42,000 for
the Child Sexual Predator Program (CSPP), funding by the
US Department of Justice, Office of Community Oriented
Policing Services (COPS) (Requires 5 affirmative votes)
Sponsors: Police Department
City of Fresno Page 5 Printed on 8/18/2014
City Council Meeting Agenda - August 21, 2014
Final-revised
ID#14-271 Approve an Amendment to the Agreement between the City
of Fresno and Avante Behavioral Health Employee
Assistance Program
Sponsors: Personnel Services Department
ID#14-277 *BILL NO. B-32 - (Intro. 7/31/2014) (For adoption) -
Amending the Fresno Municipal Code to add Article 6.5 of
Chapter 10, authorizing citizens to file Administrative
Complaints for Municipal Code violations involving public
nuisances.
Sponsors: City Attorney's Office
ID#14-283 Action Pertaining to Repeal of the Four Year Water Rate
Plan
1. * BILL NO. B-34 (Intro 7/31/2014) (For adoption) -
Adopting the Ordinance Repealing Resolution No. 2013-143
that adopted the Four Year Water Rate Plan and Resolution
No. 2013-144 that amended the Master Fee Schedule
adjusting the water rates;
Sponsors: City Clerk's Office
ID#14-288 Approve the appointment of George Railey, Jr. to the Fresno
Regional Workforce Investment Board; and Joe Martinez to
the Bicycle and Pedestrian Advisory Committee
ID#14-298 *BILL NO. B-33 (Intro. 7/31/2014) (For adoption) - Amend
Sections 1-405, 1-407, 1-408, and 1-409 of the Fresno
Municipal Code relating to the Administrative Hearing
procedure
Sponsors: City Attorney's Office
CONTESTED CONSENT CALENDAR
2. GENERAL ADMINISTRATION
ID#14-211 Actions pertaining to the Fresno Street Pavement Overlay
Project from Gettysburg Avenue to Sierra Avenue - Bid File
3339 (Council Districts 4 and 6)
1. Adopt finding of Categorical Exemption per staff
determination, pursuant to Section 15301(c) of the CEQA
City of Fresno Page 6 Printed on 8/18/2014
City Council Meeting Agenda - August 21, 2014
Final-revised
Guidelines, for the Fresno Street Pavement Overlay from
Gettysburg Avenue to Sierra Avenue
2. * RESOLUTION - 6th amendment to the Annual
Appropriation Resolution No. 2014-95 to appropriate
$1,332,600 for construction costs on the Fresno Street
Pavement Overlay Project from Gettysburg Avenue to Sierra
Avenue Capital Project in FY 2015 (Requires 5 affirmative
votes)
3. Award a Construction Contract to AS Dezign Inc., of
Fresno, California in the amount of $1,077,551 as the lowest
responsive responsible bidder for the Fresno Street
Pavement Overlay Project from Gettysburg Avenue to Sierra
Avenue
Sponsors: Public Works Department
ID#14-221 Actions pertaining to the Millbrook Road Diet and Bike Lanes
- Shields Avenue to Gettysburg Avenue Project Bid File 3290
(Council Districts 4 and 7)
1. Adopt finding of a Categorical Exemption pursuant to
Class 1 Section 15301(c) (Existing Facilities) of the CEQA
Guidelines for the Millbrook Road Diet and Bike Lanes -
Shields Avenue to Gettysburg Avenue
2. Award a construction contract with Seal Rite Paving and
Grading of Fresno, California in the amount of $350,568 for
the Millbrook Road Diet and Bike Lanes - Shields Avenue to
Gettysburg Avenue Project
Sponsors: Public Works Department
ID#14-231 RESOLUTION - To submit Grant Applications for up to
$1,300,000 to Fresno Council of Governments Regional
Competitive Active Transportation Program (RCATP) and
authorizing the execution of documents by the Public Works
Director or Designee
Sponsors: Public Works Department
ID#14-247 Implementation of Fire Department Self-Inspection Program
and Fire Inspection Policy Change Recommendations
1. * RESOLUTION - 1st amendment to the Position
Authorization Resolution No. 2014-96 adding two (2) Fire
Inspector positions to the Fire Department and two (2) Fire
Inspector positions to the Development and Resource
City of Fresno Page 7 Printed on 8/18/2014
City Council Meeting Agenda - August 21, 2014
Final-revised
Management Department
Sponsors: Fire Department
ID#14-254 Approve Second Amendment to Agreement with Carollo
Engineers, Inc., for the Design of the City of Fresno’s
80-Million Gallon Per Day Southeast Surface Water
Treatment Facility and Raw Water Diversion and
Conveyance Pipeline and Authorize the Director of Public
Utilities or his designee to sign the Amendment on behalf of
the City of Fresno (City)
Sponsors: Department of Public Utilities
ID#14-267 Action pertaining to an Annual Appropriation Resolution for
the High Speed Rail Station Area Master Plan
1. * RESOLUTION- 3rd amendment to the Annual
Appropriation Resolution (AAR) No. 2014-95 appropriating
$1,020,000 for High Speed Rail Station Master Plan
consulting services and miscellaneous City expenses
(Requires 5 affirmative votes)
ID#14-268 BILL - (For introduction) - Consider repealing Section 12-328
of the Fresno Municipal Code and adding Article 22 of
Chapter 12 to the Fresno Municipal Code relating to outdoor
dining
3. CITY COUNCIL
ID#14-234 BILL (For introduction) - Adding Article 6 of Chapter 5 to the
Fresno Municipal Code prohibiting controlled substance use
in public and on City property.
Sponsors: City Councilmember Brand
4. CLOSED SESSION
ID#14-206 CONFERENCE WITH LEGAL COUNSEL-EXISTING
LITIGATION
Government Code Section 54956.9, subdivision (d)(1)
1. City of Fresno v. Fresno Auto Dealers Auction, Inc., et al.
Fresno County Superior Court Case No.: 13CECG00288
Sponsors: City Attorney's Office
City of Fresno Page 8 Printed on 8/18/2014
City Council Meeting Agenda - August 21, 2014
Final-revised
ID#14-240 CONFERENCE WITH LEGAL COUNSEL-EXISTING
LITIGATION
Government Code Section 54956.9, subdivision (d)(1)
Case Name: Joan Byrd, et al. v. County of Fresno, City of
Fresno
Fresno County Superior Court Case No.:
14CECG01502
Case Name: Union of Medical Marijuana Patients, Inc., et al.
v. City of Fresno
Fresno County Superior Court Case No.: 14CECG01316
Sponsors: City Attorney's Office
ID#14-251 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION
Government Code Section 54956.9, subdivision (d)(2)
Significant Exposure to Litigation: NORTH CENTRAL FIRE
PROTECTION DISTRICT v. CITY OF FRESNO
Sponsors: City Attorney's Office
ID#14-285 A. CONFERENCE WITH LEGAL COUNSEL -
ANTICIPATED LITIGATION
Government Code Section 54956.9, subdivision (d)(2)
Significant Exposure to Litigation: Under Seal v. Under Seal
ID#14-295 CONFERENCE WITH LABOR NEGOTIATOR - Government
Code Section 54957.6
City Negotiator(s): Jeffrey Cardell, Ken Phillips
Employee Organization(s):
City of Fresno Management Employees Association
(CFMEA)
City of Fresno Professional Employees Association (CFPEA)
IUOE, Stationary Engineers, Local 39 (L39)
Fresno City Employees Association (FCEA)
Fresno Police Officers Association (FPOA Basic)
International Association of Firefighters, Local 753 (Fire
Basic)
Amalgamated Transit Union, Local 1027 (ATU)
International Brotherhood of Electrical Workers, Local 100
(IBEW)
City of Fresno Page 9 Printed on 8/18/2014
City Council Meeting Agenda - August 21, 2014
Final-revised
Fresno Police Officers Association (FPOA Management)
International Association of Firefighters, Local 753 (Fire
Mgmt.)
Fresno Airport Public Safety Supervisors (FAPSS)
Sponsors: Personnel Services Department
ID#14-312 CONFERENCE WITH REAL PROPERTY NEGOTIATOR -
Government Code Section 54956.8
Property: Chukchansi Park (Multipurpose Stadium)
Negotiating Parties: City Manager Bruce Rudd; Chris
Cummings, Fresno Baseball Club, LLC and Fresno Baseball
Club, LLP
Sponsors: City Manager's Office
5. SCHEDULED COUNCIL HEARINGS AND MATTERS
2:00 P.M. HEARING
ID#14-226 HEARING to adopt resolutions and ordinance to annex
territory and levy a special tax regarding City of Fresno
Community Facilities District No. 11, Annexation No. 54
(Final Tract Map No. 6073) (north side of East Church
Avenue between South Chestnut and Peach Avenues)
(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 2014-2015 and Future
Tax Years Within and Relating to Community Facilities
District No. 11, Annexation No. 54, Final Tract Map No. 6073
Sponsors: Public Works Department
2:30 P.M. SCHEDULED COMMUNICATION
ID#14-300 Appearance by Sandra Celedon-Castro to discuss Building
Healthy Communities
City of Fresno Page 10 Printed on 8/18/2014
City Council Meeting Agenda - August 21, 2014
Final-revised
4:00 P.M. WORKSHOP
ID#14-162 WORKSHOP regarding R-1 (Single Family Residential)
property development standards
Sponsors: Development and Resource Management Department
PLEASE NOTE: UNSCHEDULED COMMUNICATIONS IS NOT SCHEDULED FOR A
SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING
UNSCHEDULED COMMUNICATION
Members of the public may address the Council regarding items that are not listed
on the agenda and within the subject matter jurisdiction of the Council. Each
person is limited to a three (3) minute presentation. Anyone wishing to be placed
on an agenda for a specified topic should contact the City Clerk’s Office at least ten
(10) days prior to the desired date. Council action on unscheduled items, if any,
shall be limited to referring the item to staff for a report and possible scheduling on
a future Council agenda.
ADJOURNMENT
UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS
Oct. 2
10:00 A.M. HEARING re: CFD No. 11, Tract Map #6063 - south corner of N. Friant
Rd and E. Copper
UPCOMING EMPLOYEE CEREMONIES
Oct 2
8:30 A.M. Employee of the Fall Quarter (Reception immediately following - 2nd
floor foyer)
Oct. 22 (Weds)
2:00 P.M. Presentation of Employee Service Awards (Reception immediately
following - 2nd floor foyer)
City of Fresno Page 11 Printed on 8/18/2014
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