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City Council

Regular Meeting

Fresno, CA · August 21, 2014

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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. City of Fresno *Subject to mayoral veto Page 1 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 City of Fresno *Subject to mayoral veto Page 2 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 City of Fresno *Subject to mayoral veto Page 3 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. City of Fresno *Subject to mayoral veto Page 4 City Council Meeting Minutes - Final August 21, 2014 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. City of Fresno *Subject to mayoral veto Page 5 City Council Meeting Minutes - Final August 21, 2014 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. City of Fresno *Subject to mayoral veto Page 6 City Council Meeting Minutes - Final August 21, 2014 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 City of Fresno *Subject to mayoral veto Page 7 City Council Meeting Minutes - Final August 21, 2014 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, City of Fresno *Subject to mayoral veto Page 8 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 City of Fresno *Subject to mayoral veto Page 9 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 City of Fresno *Subject to mayoral veto Page 10 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. City of Fresno *Subject to mayoral veto Page 11 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. City of Fresno *Subject to mayoral veto Page 12 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. City of Fresno *Subject to mayoral veto Page 13 City Council Meeting Minutes - Final August 21, 2014 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 City of Fresno *Subject to mayoral veto Page 14 City Council Meeting Minutes - Final August 21, 2014 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. City of Fresno *Subject to mayoral veto Page 15 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 City of Fresno *Subject to mayoral veto Page 16 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. City of Fresno *Subject to mayoral veto Page 17

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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