City Council
Regular MeetingFresno, CA · September 25, 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, September 25, 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.
8:38 A.M. ROLL CALL
Present: 6 - Council President Steve Brandau
Councilmember Lee Brand
Councilmember Paul Caprioglio
Councilmember Clinton Olivier
Councilmember Sal Quintero
Councilmember Blong Xiong
Absent: 1 - Acting Council President Oliver Baines
Invocation by Minister Bryson White of the St. Rest Baptist Church
Pledge of Allegiance to the Flag
Ceremonial Presentations:
ID#14-385 Recognizing the Fresno Munster Sister Cities Ambassador Exchange
Program
PRESENTED
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ID#14-393 Proclamation of “ACTIVE AGING WEEK”
Sponsors: City Councilmember Brandau and City Councilmember Baines
READ AND PRESENTED
Approve City Council Minutes
ID#14-403 Approval of City Council minutes from September 11, 2014
On motion of Councilmember Xiong, seconded by Councilmember
Caprioglio, the above minutes were approved. The motion carried by
the following vote:
Aye: 6 - Brandau, Brand, Caprioglio, Olivier, Quintero and Xiong
Absent: 1 - Baines
ID#14-404 Approval of amended minutes from August 28, 2014 that now include,
on page 12, a correction read into the record by Personnel Director
Cardell indicating that the Resolution approved as part of File ID 14-276
would be effective as of August 25, 2014.
On motion of Councilmember Caprioglio, seconded by Councilmember
Brand, the minutes from August 28, 2014 were amended. The motion
carried by the following vote:
Aye: 6 - Brandau, Brand, Caprioglio, Olivier, Quintero and Xiong
Absent: 1 - Baines
Councilmember Reports and Comments
Councilmember Quintero thanked staff for doing a great job with the
presentation and answering questions during the first General Plan update
meeting at Sunnyside High School. Councilmember Quintero also reported
that the second annual Carnival would take place at the Mosqueda Center
this weekend and would be a free event geared towards elementary aged
children. Councilmember Quintero thanked the PARCS Department for
coordinating the event. Councilmember Quintero further reported that
October 1st would be the start of the Big Fresno Fair in south east Fresno
and noted the owners of the racehorse California Chrome would make a
special appearance on October 11th. Councilmember Quintero appreciated
the great work by Code Enforcement, the Parking Division and median
island clean-up in preparation for the fair.
Councilmember Caprioglio expressed his appreciation to City Staff for a job
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City Council Meeting Minutes - Final September 25, 2014
well done at the 2035 General Plan Update and District Four town hall
meeting at Hoover High School. Councilmember Caprioglio noted the
citizens had excellent questions which were thoroughly answered by a well
prepared staff.
Councilmember Brand noted the District Six General Plan Update meeting
would be held at Clovis North High School at 5:30 P.M. on Tuesday
September 30th and invited all to attend.
Approve Agenda
Councilmember Caprioglio announced he would like to remove the 10:10
A.M. Scheduled Matter (FileID# 14-380 regarding an appeal concerning
Conditional Use Permit No. C-13-092 and Vesting Tentative Tract Map No.
6033/UGM) and continue it for two weeks.
On motion of Councilmember Xiong, seconded by Councilmember
Caprioglio, the agenda was approved as amended by continuing the
10:10 A.M. Scheduled Matter (ID# 14-380) two weeks. The motion
carried by the following vote:
Aye: 6 - Brandau, Brand, Caprioglio, Olivier, Quintero and Xiong
Absent: 1 - Baines
1. CONSENT CALENDAR
The following member(s) of the public spoke on Consent Calendar Items:
Nicole Goehring of the Northern Chapter of Associated Builders and
Contractors Association (item 1-F regarding Project Labor Agreements).
Council President Brandau pulled Consent Calendar Item 1-F (File
ID#14-347) regarding Project Labor Agreements.
APPROVAL OF THE CONSENT CALENDAR
On motion of Councilmember Caprioglio, seconded by Councilmember
Brand, the CONSENT CALENDAR was adopted by the following vote:
Aye: 6 - Brandau, Brand, Caprioglio, Olivier, Quintero and Xiong
Absent: 1 - Baines
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1-A ID#14-256
Approve a substitution of Starace Mechanical Heating and Air for the
Universally Accessible Park (Council District 1)
Sponsors: Public Works Department
The above item was approved on the Consent Calendar.
1-B ID#14-310 Actions pertaining to grant funding from the FY 2013 Assistance to
Firefighters Grant Program through the U.S. Department of Homeland
Security
1. RESOLUTION - Authorizing the application for and acceptance of
FY 2013 Cycle U.S. Department of Homeland Security
Assistance to Firefighters Grant and authorizing completion of
required documents
2. *RESOLUTION - 15th amendment to the Annual Appropriation
Resolution (AAR) No. 2014-95 appropriating $374,600 to the Fire
Department for replacement of personal protective equipment
(Requires 5 affirmative votes)
Sponsors: Fire Department
#1 ADOPTED AS RESOLUTION 2014-146
#2 ADOPTED AS RESOLUTION 2014-147
The above item was approved on the Consent Calendar.
1-C ID#14-315
Approve the acquisition of permanent pipeline right-of-way easements
and temporary construction easements from Mary Lynn Haungs from
APNs 580-040-03 (portion) and 580-040-04S
Sponsors: Department of Public Utilities
The above item was approved on the Consent Calendar.
1-D ID#14-317
Approve the acquisition of permanent pipeline right-of-way easement
and temporary construction easement from Gerald Shmavonian from
APN 580-020-42
Sponsors: Department of Public Utilities
The above item was approved on the Consent Calendar.
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1-E ID#14-335
Approve a substitution of Playground Unlimited for the Universally
Accessible Park (Council District 1)
Sponsors: Public Works Department
The above item was approved on the Consent Calendar.
1-F ID#14-347 *BILL NO. B-38 - (Intro. August 28, 2014) (For adoption) - Repealing
Section 4-111 of the Fresno Municipal Code and adding Section 4-111
to the Fresno Municipal Code relating to Project Labor Agreements
Sponsors: City Manager's Office
The above item was moved to the Contested Consent Calendar for further
discussion by President Brandau.
1-G ID#14-365 Authorize the acceptance of the grant award from the California
Endowment & Fresno Regional Foundation and authorize the Chief of
Police to enter into and execute the agreement for all required program
documents
Sponsors: Police Department
The above item was approved on the Consent Calendar.
CONTESTED CONSENT CALENDAR
1-F ID#14-347 *BILL NO. B-38 - (Intro. August 28, 2014) (For adoption) - Repealing
Section 4-111 of the Fresno Municipal Code and adding Section 4-111
to the Fresno Municipal Code relating to Project Labor Agreements
Sponsors: City Manager's Office
President Brandau introduced the item for Council.
President Brandau motioned to continue the above item until November 20,
2014.
On motion of Council President Brandau, seconded by Councilmember
Brand, the above item was continued to November 20, 2014. The
motion carried by the following vote:
Aye: 4 - Brandau, Brand, Caprioglio and Olivier
No: 2 - Quintero and Xiong
Absent: 1 - Baines
2. GENERAL ADMINISTRATION
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2-A ID#14-316 Authorize the City Manager or designee to enter into a month to month
successor agreement with the County of Fresno to deliver and dispose
of municipal solid waste during the negotiations of a successor
agreement to American Avenue Landfill
Sponsors: Department of Public Utilities
Public Utilities Assistant Director Schuber introduced the item for Council.
President Brandau requested to see the Hilton Study and suggested the
study should include what other landfills could offer the City.
Councilmember Brand motioned that the item be approved with an
amendment that the month to month agreement not exceed 90 days.
On motion of Councilmember Brand, seconded by Councilmember
Xiong, the above item was approved as amended so the month to
month agreements do not exceed 90 days. The motion carried by the
following vote:
Aye: 6 - Brandau, Brand, Caprioglio, Olivier, Quintero and Xiong
Absent: 1 - Baines
2-B ID#14-348 Authorize the City of Fresno to enter into a three-year agreement with
California State University Fresno (CSUF) for $684,029.49 to provide
police services at CSUF events
Sponsors: Police Department
Deputy Police Chief Foster introduced the above item to Council.
On motion of Councilmember Caprioglio, seconded by Councilmember
Brand, the above item was approved. The motion carried by the
following vote:
Aye: 6 - Brandau, Brand, Caprioglio, Olivier, Quintero and Xiong
Absent: 1 - Baines
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2-C ID#14-350 Actions pertaining to front-line law enforcement operations
1. Approve the proposed spending plan for the FY 2014-2015 State of
California Supplemental Law
Enforcement Services Account (SLESA)
2. *RESOLUTION - 19th Amendment of the Annual Appropriation
Resolution (AAR) No. 2014-95 to appropriate $812,000 for front-line law
enforcement operations into the FY 2015 budget (Requires 5 affirmative
votes)
Sponsors: Police Department
Deputy Police Chief Nevarez introduced the above item to Council.
RESOLUTION 2014-148 ADOPTED
On motion of Councilmember Brand, seconded by Councilmember
Caprioglio, the above item was adopted. The motion carried by the
following vote:
Aye: 6 - Brandau, Brand, Caprioglio, Olivier, Quintero and Xiong
Absent: 1 - Baines
2-D ID#14-356 Actions pertaining to Office of Traffic Safety
1. Authorize the Chief of Police to enter into and execute the
agreement and required program documents with the Office of Traffic
Safety
2. *RESOLUTION - 16th Amendment to Annual Appropriation
Resolution (AAR) No. 2014-95 appropriating $724,900 for the
Selective Traffic Enforcement Program (STEP) grant (Requires 5
affirmative votes)
Sponsors: Police Department
Police Captain Hall introduced the above item to Council.
RESOLUTION 2014-149 ADOPTED
On motion of Councilmember Xiong, seconded by Councilmember
Caprioglio, the above item was adopted. The motion carried by the
following vote:
Aye: 6 - Brandau, Brand, Caprioglio, Olivier, Quintero and Xiong
Absent: 1 - Baines
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City Council Meeting Minutes - Final September 25, 2014
2-E ID#14-371 Actions pertaining to funding park irrigation maintenance in FY 2015
1. *RESOLUTION - 20th amendment to the Annual Appropriation
Resolution (AAR) No. 2014-95 appropriating $795,500 to the Parks,
After School, Recreation and Community Services (PARCS) Department
to fund park irrigation maintenance in FY 2015 (Requires 5 affirmative
votes)
2.*RESOLUTION - 2nd amendment to Resolution No. 2014-96 entitled
“A Resolution of the Council of the City of Fresno Establishing the
Number of Positions Authorized in the Various Departments and Offices
of the City for FY 2015”
Sponsors: Public Works Department, Parks, After School and Recreation
and Community Services Department
Public Works Director Mozier introduced the above item to Council followed
by PARCS Director Mollinedo.
Councilmember Quintero recommended prioritizing parks by the sports fields
that are most utilized. Councilmember Quintero also asked to be kept
updated on the amount of water being used at community gardens
throughout the City. City Manager Rudd asked PARCS Director Mollinedo
to look into the water use by the community gardens. Councilmember
Quintero asked PARCS Director Mollinedo for an updated report or Council
Workshop after he had looked into the community garden water use issue.
Councilmember Caprioglio asked to be included in any policy development
the City undertakes regarding the drought.
#1 ADOPTED AS RESOLUTION 2014-150
#2 ADOPTED AS RESOLUTION 2014-151
On motion of Councilmember Brand, seconded by Councilmember
Olivier, the above item was adopted. The motion carried by the
following vote:
Aye: 6 - Brandau, Brand, Caprioglio, Olivier, Quintero and Xiong
Absent: 1 - Baines
2-F ID#14-383 Award an extension of the five-year lease/purchase financing agreement
with Kansas State Bank in the amount of $3,635,600 at an annual
interest rate of 3.389 percent to acquire 82 police vehicles, eight PARCS
trucks, and a PARCS trailer, and authorize the Controller or designee to
execute same
Sponsors: Department of Public Transportation (FAX)
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Transportation Assistant Director Schaad introduced the above item to
Council.
Councilmember Brand recommended looking into electric vehicles upon
expiration of this lease to see if the technology will be able to meet additional
needs by that time.
On motion of Councilmember Brand, seconded by Councilmember
Olivier, the above item was approved. The motion carried by the
following vote:
Aye: 6 - Brandau, Brand, Caprioglio, Olivier, Quintero and Xiong
Absent: 1 - Baines
3. CITY COUNCIL
No City Council items were on the Agenda.
5. SCHEDULED COUNCIL HEARINGS AND MATTERS
9:50 A.M.
ID#14-417 Approve a Resolution for the Substantial Amendment No. 2012-002, No.
2013-001, and No. 2014-002 to the Fiscal Years 2012, 2013, and 2014
Annual Action Plans to incorporate the planned use of the Emergency
Solutions Grant funds (Continue to October 30, 2014)
The above item was continued to October 30, 2014 by staff.
Councilmember Brand exited the Council Chamber at 10:05 A.M. and returned at
10:15 A.M.
10:00 A.M.
ID#14-382 TEFRA Hearing as required by Section 147(f) of the Internal Revenue
Code of 1986 to hear and consider information concerning the proposed
issuance of revenue bonds by the California Statewide Communities
Development Authority to finance the acquisition and rehabilitation of a
150-unit multifamily low income residential rental project, commonly
known as Kearney Cooley Plaza
*RESOLUTION - Approving the issuance by the California Statewide
Communities Development Authority of multifamily housing revenue
bonds in the aggregate principal amount not to exceed $11 million for
the Kearney Cooley Plaza project
Sponsors: Finance Department
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City Council Meeting Minutes - Final September 25, 2014
Assistant Controller Bradley introduced the above item to Council.
RESOLUTION 2014-152 ADOPTED
On motion of Councilmember Caprioglio, seconded by Councilmember
Olivier, the above item was adopted. The motion carried by the
following vote:
Aye: 5 - Brandau, Caprioglio, Olivier, Quintero and Xiong
Absent: 2 - Baines and Brand
10:10 A.M.
ID#14-380 Consider an appeal filed by Councilmember Caprioglio, appealing the
Planning Commission’s action to approve Conditional Use Permit No.
C-13-092 and related Vesting Tentative Tract Map No. 6033/UGM, and
environmental findings, by Jeffrey T. Roberts of Granville Homes, Inc,
for property located on the northeast corner of North Fowler and East
Clinton Avenues (Property located in Council District 4)
1. RESOLUTION - Denying the appeal and approving Conditional Use
Permit No. C-13-092
2. RESOLUTION - Denying the appeal and approving Vesting
Tentative Tract Map No. 6033/UGM
CONTINUED TWO WEEKS BY COUNCILMEMBER CAPRIOGLIO
UNSCHEDULED COMMUNICATION
No member(s) of the public addressed the Council with unscheduled
communication.
RECESSED 10:08 A.M. to 10:15 A.M.
10:15 A.M.
ID#14-358 HEARING to consider adoption of Resolutions related to the designation
of properties to the Local Register of Historic Resources (Council District
5)
1.* RESOLUTION - Designating the Ralph and Jenny Watson Home
located at 3537 E. Huntington Boulevard, Fresno, California to the Local
Register of Historic Resources
2.* RESOLUTION - Designating the C.M. and Gertrude Prescott Home
located at 3707 E. Huntington Boulevard, Fresno, California to the Local
Register of Historic Resources
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City Council Meeting Minutes - Final September 25, 2014
3.* RESOLUTION - Designating the Fred J. and Mary Dow Home
located at 3369 E. Huntington Boulevard, Fresno, California to the Local
Register of Historic Resources
4.* RESOLUTION - Designating the Clarence and Bessie Bernhauer
Home located at 3428 E. Huntington Boulevard, Fresno, California to
the Local Register of Historic Resources
5.* RESOLUTION - Designating the F. Rex and Vera Sporleder Home
located at 3702 E. Huntington Boulevard, Fresno, California to the Local
Register of Historic Resources
6.* RESOLUTION - Designating the Fred and Virginia Billings Home
located at 3650 E. Huntington Boulevard, Fresno, California to the Local
Register of Historic Resources
7.* RESOLUTION - Designating the Eugene and Elsie Brinker Home
located at 3965 E. Huntington Boulevard, Fresno, California to the Local
Register of Historic Resources
Sponsors: Development and Resource Management Department
Historic Preservation Project Manager Hattersley-Drayton intoduced the
above item to Council.
The following member(s) of the pubic spoke on this item: Joanna Salazar,
Melissa Black.
#1 ADOPTED AS RESOLUTION 2014-153
#2 ADOPTED AS RESOLUTION 2014-154
#3 ADOPTED AS RESOLUTION 2014-155
#4 ADOPTED AS RESOLUTION 2014-156
#5 ADOPTED AS RESOLUTION 2014-157
#6 ADOPTED AS RESOLUTION 2014-158
#7 ADOPTED AS RESOLUTION 2014-159
On motion of Councilmember Quintero, seconded by Councilmember
Brand, the above item was adopted. The motion carried by the
following vote:
Aye: 6 - Brandau, Brand, Caprioglio, Olivier, Quintero and Xiong
Absent: 1 - Baines
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City Council Meeting Minutes - Final September 25, 2014
10:30 A.M.
ID#14-377 HEARING to consider of Official Plan Line Modification and related
Environmental Assessment No. EA-14-018, for W. McKinley Avenue
from N. Blythe to N. Marks Avenues
1. Consider the Finding of Conformity to the 2025 Fresno General
Plan Master Environmental Impact Report (MEIR) No. 10130 and
Mitigated Negative Declaration (MND) No. A-09-02, which was
prepared for Environmental Assessment (EA) No. EA-14-018.
2. BILL - (For introduction and adoption) - Approving the map entitled
Official Plan Line for W. McKinley Avenue from N. Blythe Avenue
to 265 feet east of N. Marks Avenue, being a precise section of the
Major Street and Highway Plan of the City of Fresno.
Sponsors: Public Works Department
Development and Resources Management Department (DARM) Supervising
Planner Pagoulatos introduced the above item followed by Planner Filice.
Supervising Planner Pagoulatos noted that while the Public Works
Department was listed as the sponsor for this item, DARM worked hand in
hand with the Public Works Department on this, and all, official plan line
items.
BILL B-40 INTRODUCED
ORDINANCE 2014-41 ADOPTED
On motion of Councilmember Xiong, seconded by Councilmember
Caprioglio, the above item was adopted. The motion carried by the
following vote:
Aye: 6 - Brandau, Brand, Caprioglio, Olivier, Quintero and Xiong
Absent: 1 - Baines
4. CLOSED SESSION
The City Council met in closed session in Room 2125 from 10:35 A.M. to
11:10 A.M. to discuss the following:
A. ID#14-388 CONFERENCE WITH LABOR NEGOTIATORS - Government Code
Section 54957.6
City Negotiator(s): Jeffrey Cardell, Ken Phillips
Employee Organizations:
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City Council Meeting Minutes - Final September 25, 2014
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)
City of Fresno Professional Employees Association (CFPEA)
City of Fresno Management Employees Association (CFMEA)
Fresno Airport Public Safety Supervisors (FAPSS)
CONFERENCE WITH LABOR NEGOTIATORS - Government Code
Section 54957.6
City Negotiator(s): Steve Brandau, Ashley Swearengin, Bruce Rudd,
Jeffrey Cardell, Ken Phillips
Unrepresented Employees in Unit 2 (Non-Represented
Management and Confidential Classes):
Airport Public Safety Manager
Assistant City Attorney
Assistant City Manager
Assistant Controller
Assistant Director
Assistant Director of Personnel Services
Assistant Director of Public Utilities
Assistant Director of Public Works
Assistant Police Chief
Assistant Retirement Administrator
Budget Analyst
Budget Manager
Chief Assistant City Attorney
Chief Information Officer
Chief of Staff to the Mayor
City Attorney
City Clerk
City Engineer
City Manager
Community Coordinator
Community Outreach Specialist
Controller
Council Assistant
Deputy City Attorney II
Deputy City Attorney III
Deputy City Manager
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City Council Meeting Minutes - Final September 25, 2014
Director
Director of Aviation
Director of Development
Director of Personnel Services
Director of Public Utilities
Director of Transportation
Economic Development Coordinator
Economic Development Director
Executive Assistant to Department Director
Executive Assistant to the City Manager
Fire Chief
Governmental Affairs Manager
Human Resources Manager
Independent Reviewer
Internal Auditor
Labor Relations Manager
Labor Relations Secretary
Police Chief
Principal Budget Analyst
Principal Internal Auditor
Public Affairs Officer
Public Works Director
Redevelopment Administrator
Retirement Administrator
Risk/Safety Manager
Senior Budget Analyst
Senior Deputy City Attorney
Senior Human Resources/Risk Analyst
Supervising Deputy City Attorney
Sponsors: Personnel Services Department
Sponsors: Personnel Services Department
The above item was discussed in closed session. No open session
announcements were made regarding this item.
B. ID#14-413 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION -
Government Code Section 54956.9, subdivision (d)(1)
1. Case Name: Jesse Maldonado, et al. v. City of Fresno, et al.
Fresno Superior Court Case No. 12CECG03742
Sponsors: City Attorney's Office
The above item was discussed in closed session. No open session
announcements were made regarding this item.
RECESSED 11:10 A.M. to 3:00 P.M.
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City Council Meeting Minutes - Final September 25, 2014
SCHEDULED COUNCIL HEARINGS AND MATTERS CONTINUED
3:00 P.M. CLOSED SESSION
The City Council resumed in closed session in Room 2125 from 3:00 P.M. to
4:04 P.M. to discuss the following:
ID#14-415 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, LLB
Sponsors: City Manager’s Office
Sponsors: City Attorney's Office
The above item was discussed in closed session. No open session
announcements were made regarding this item.
Councilmember Brand did not return to the Council Chamber following the 3:00
P.M. Closed Session item.
3:45 P.M.
ID#14-362 HEARING to consider Plan Amendment Application No. A-14-002,
Rezone Application No. R-14-002, Conditional Use Permit Application
No. C-14-012 and related environmental findings filed by Giorgio Russo,
on behalf of Ginder Development Corporation, pertaining to
approximately 8.21 Acres of property located on the north side of North
Figarden Dive between West Bullard and North Gates Avenues
(District 2)
1. Consider the environmental finding for a Mitigated Negative
Declaration prepared for Environmental Assessment No. A-14
-002/R-14-002/C-14-012 for the purpose of the proposed
project
2. RESOLUTION-Approving Plan Amendment to amend the 2025
General Plan and Bullard Community Plan from the
Community Commercial planned land use designation to the
Medium-High Density Residential land use designation
3. BILL-Amending the Official Zone Map to reclassify 8.21acres
from the C-2/BA-20/UGM/cz (Community Shopping
Center/Boulevard Area Overlay, 20 feet/Urban Growth
Management/conditions of zoning) zone district to the R-2/BA-
20/UGM (Low Density Multiple Family Residential/Boulevard
Area Overlay, 20 feet/Urban Growth Management) zone
district
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City Council Meeting Minutes - Final September 25, 2014
Development and Resources Management Project Manager Barnes
introduced the above item to Council. Project Manager Barnes noted, for
the record, that the project was 80 units of senior luxury housing located at
Fig Garden Drive and Gates Avenue.
The following member(s) of the public spoke on this item: Giorgio Russo of
Ginder Development.
BILL B-41 INTRODUCED
ORDINANCE 2014-42 ADOPTED
RESOLUTION 2014-160 ADOPTED
On motion of Council President Brandau, seconded by Councilmember
Olivier, the above item was adopted. The motion carried by the
following vote:
Aye: 5 - Brandau, Caprioglio, Olivier, Quintero and Xiong
Absent: 2 - Baines and Brand
ADJOURNMENT
Adjourned at 4:10 P.M.
These minutes were approved by unanimous vote of the City Council, with
Councilmember Caprioglio absent, during the October 2, 2014 Council meeting.
City of Fresno *Subject to mayoral veto Page 16
Agenda
City of Fresno
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
Meeting Agenda - Final
Thursday, September 25, 2014
8:30 AM
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 - Final September 25, 2014
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.
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.
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 9/19/2014
City Council Meeting Agenda - Final September 25, 2014
8:30 A.M. ROLL CALL
Invocation by Minister Bryson White of the St. Rest Baptist Church
Pledge of Allegiance to the Flag
Ceremonial Presentations:
ID#14-385 Recognizing the Fresno-Münster Sister Cities Ambassador
Exchange Program - Council President Brandau
ID#14-393 Proclamation of “ACTIVE AGING WEEK”
Sponsors: City Councilmember Brandau and City Councilmember
Baines
Approve City Council Minutes
ID#14-403 Approval of City Council minutes from September 11, 2014
ID#14-404 Approval of amended minutes from August 28, 2014 that
now include, on page 12, a correction read into the record by
Personnel Director Cardell indicating that the Resolution
approved as part of File ID 14-276 would be effective as of
August 25, 2014.
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.
1-A ID#14-256 Approve a substitution of Starace Mechanical Heating and
Air for the Universally Accessible Park (Council District 1)
Sponsors: Public Works Department
City of Fresno Page 3 Printed on 9/19/2014
City Council Meeting Agenda - Final September 25, 2014
1-B ID#14-310 Actions pertaining to grant funding from the FY 2013
Assistance to Firefighters Grant Program through the U.S.
Department of Homeland Security
1. RESOLUTION - Authorizing the application for and
acceptance of FY 2013 Cycle U.S. Department of Homeland
Security Assistance to Firefighters Grant and authorizing
completion of required documents
2. *RESOLUTION - 15th amendment to the Annual
Appropriation Resolution (AAR) No. 2014-95 appropriating
$374,600 to the Fire Department for replacement of personal
protective equipment (Requires 5 affirmative votes)
Sponsors: Fire Department
1-C ID#14-315 Approve the acquisition of permanent pipeline right-of-way
easements and temporary construction easements from
Mary Lynn Haungs from APNs 580-040-03 (portion) and
580-040-04S
Sponsors: Department of Public Utilities
1-D ID#14-317 Approve the acquisition of permanent pipeline right-of-way
easement and temporary construction easement from Gerald
Shmavonian from APN 580-020-42
Sponsors: Department of Public Utilities
1-E ID#14-335 Approve a substitution of Playground Unlimited for the
Universally Accessible Park (Council District 1)
Sponsors: Public Works Department
1-F ID#14-347 *BILL NO. B-38 - (Intro. August 28, 2014) (For adoption) -
Repealing Section 4-111 of the Fresno Municipal Code and
adding Section 4-111 to the Fresno Municipal Code relating
to Project Labor Agreements
Sponsors: City Manager's Office
1-G ID#14-365 Authorize the acceptance of the grant award from the
California Endowment & Fresno Regional Foundation and
authorize the chief of police to enter into and execute the
agreement for all required program documents
Sponsors: Police Department
City of Fresno Page 4 Printed on 9/19/2014
City Council Meeting Agenda - Final September 25, 2014
CONTESTED CONSENT CALENDAR
2. GENERAL ADMINISTRATION
2-A ID#14-316 Authorize the City Manager or designee to enter into a
month to month successor agreement with the County of
Fresno to deliver and dispose of municipal solid waste during
the negotiations of a successor agreement to American
Avenue Landfill
Sponsors: Department of Public Utilities
2-B ID#14-348 Authorize the City of Fresno to enter into a three-year
agreement with California State University Fresno (CSUF)
for $684,029.49 to provide police services at CSUF events
Sponsors: Police Department
2-C ID#14-350 Actions pertaining to front-line law enforcement operations
1. Approve the proposed spending plan for the FY 2014-
2015 State of California Supplemental Law
Enforcement Services Account (SLESA)
2. *RESOLUTION - 19th Amendment of the Annual
Appropriation Resolution (AAR) No. 2014-95 to appropriate
$812,000 for front-line law enforcement operations into the
FY 2015 budget (Requires 5 affirmative votes)
Sponsors: Police Department
2-D ID#14-356 Actions pertaining to Office of Traffic Safety
1. Authorize the Chief of Police to enter into and execute the
agreement and required program documents with the Office
of Traffic Safety
2. *RESOLUTION - 16th Amendment to Annual
Appropriation Resolution (AAR) No. 2014-95 appropriating
$724,900 for the Selective Traffic Enforcement Program
(STEP) grant (Requires 5 affirmative votes)
Sponsors: Police Department
2-E ID#14-371 Actions pertaining to funding park irrigation maintenance in
FY 2015
1. *RESOLUTION - 20th amendment to the Annual
Appropriation Resolution (AAR) No. 2014-95 appropriating
$795,500 to the Parks, After School, Recreation and
City of Fresno Page 5 Printed on 9/19/2014
City Council Meeting Agenda - Final September 25, 2014
Community Services (PARCS) Department to fund park
irrigation maintenance in FY 2015 (Requires 5 affirmative
votes)
2.*RESOLUTION - 2nd amendment to Resolution No.
2014-96 entitled “A Resolution of the Council of the City of
Fresno Establishing the Number of Positions Authorized in
the Various Departments and Offices of the City for FY 2015”
Sponsors: Public Works Department, Parks, After School and
Recreation and Community Services Department
2-F ID#14-383 Award an extension of the five-year lease/purchase financing
agreement with Kansas State Bank in the amount of
$3,635,600 at an annual interest rate of 3.389 percent to
acquire 82 police vehicles, eight PARCS trucks, and a
PARCS trailer, and authorize the Controller or designee to
execute same
Sponsors: Department of Public Transportation (FAX)
3. CITY COUNCIL
4. CLOSED SESSION
A. ID#14-388 CONFERENCE WITH LABOR NEGOTIATORS -
Government Code Section 54957.6
City Negotiator(s): Jeffrey Cardell, Ken Phillips
Employee Organizations:
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)
City of Fresno Professional Employees Association (CFPEA)
City of Fresno Management Employees Association
(CFMEA)
Fresno Airport Public Safety Supervisors (FAPSS)
City of Fresno Page 6 Printed on 9/19/2014
City Council Meeting Agenda - Final September 25, 2014
CONFERENCE WITH LABOR NEGOTIATORS -
Government Code Section 54957.6
City Negotiator(s): Steve Brandau, Ashley Swearengin,
Bruce Rudd, Jeffrey Cardell, Ken Phillips
Unrepresented Employees in Unit 2 (Non-Represented
Management and Confidential Classes):
Airport Public Safety Manager
Assistant City Attorney
Assistant City Manager
Assistant Controller
Assistant Director
Assistant Director of Personnel Services
Assistant Director of Public Utilities
Assistant Director of Public Works
Assistant Police Chief
Assistant Retirement Administrator
Budget Analyst
Budget Manager
Chief Assistant City Attorney
Chief Information Officer
Chief of Staff to the Mayor
City Attorney
City Clerk
City Engineer
City Manager
Community Coordinator
Community Outreach Specialist
Controller
Council Assistant
Deputy City Attorney II
Deputy City Attorney III
Deputy City Manager
Director
Director of Aviation
Director of Development
Director of Personnel Services
Director of Public Utilities
Director of Transportation
Economic Development Coordinator
City of Fresno Page 7 Printed on 9/19/2014
City Council Meeting Agenda - Final September 25, 2014
Economic Development Director
Executive Assistant to Department Director
Executive Assistant to the City Manager
Fire Chief
Governmental Affairs Manager
Human Resources Manager
Independent Reviewer
Internal Auditor
Labor Relations Manager
Labor Relations Secretary
Police Chief
Principal Budget Analyst
Principal Internal Auditor
Public Affairs Officer
Public Works Director
Redevelopment Administrator
Retirement Administrator
Risk/Safety Manager
Senior Budget Analyst
Senior Deputy City Attorney
Senior Human Resources/Risk Analyst
Supervising Deputy City Attorney
Sponsors: Personnel Services Department
Sponsors: Personnel Services Department
B. ID#14-413 CONFERENCE WITH LEGAL COUNSEL-EXISTING
LITIGATION - Government Code Section 54956.9,
subdivision (d)(1)
1. Case Name: Jesse Maldonado, et al. v. City of Fresno,
et al. Fresno Superior Court Case No. 12CECG03742
Sponsors: City Attorney's Office
City of Fresno Page 8 Printed on 9/19/2014
City Council Meeting Agenda - Final September 25, 2014
5. SCHEDULED COUNCIL HEARINGS AND MATTERS
9:50 A.M.
ID#14-417 Approve a Resolution for the Substantial Amendment No.
2012-002, No. 2013-001, and No. 2014-002 to the Fiscal
Years 2012, 2013, and 2014 Annual Action Plans to
incorporate the planned use of the Emergency Solutions
Grant funds (Continue to October 30, 2014)
10:00 A.M.
ID#14-382 TEFRA Hearing as required by Section 147(f) of the Internal
Revenue Code of 1986 to hear and consider information
concerning the proposed issuance of revenue bonds by the
California Statewide Communities Development Authority to
finance the acquisition and rehabilitation of a 150-unit
multifamily low income residential rental project, commonly
known as Kearney Cooley Plaza
*RESOLUTION - Approving the issuance by the California
Statewide Communities Development Authority of multifamily
housing revenue bonds in the aggregate principal amount
not to exceed $11 million for the Kearney Cooley Plaza
project
Sponsors: Finance Department
10:10 A.M.
ID#14-380 Consider an appeal filed by Councilmember Caprioglio,
appealing the Planning Commission’s action to approve
Conditional Use Permit No. C-13-092 and related Vesting
Tentative Tract Map No. 6033/UGM, and environmental
findings, by Jeffrey T. Roberts of Granville Homes, Inc, for
property located on the northeast corner of North Fowler and
East Clinton Avenues (Property located in Council District 4)
1. RESOLUTION - Denying the appeal and approving
Conditional Use Permit No. C-13-092
2. RESOLUTION - Denying the appeal and approving
Vesting Tentative Tract Map No. 6033/UGM
City of Fresno Page 9 Printed on 9/19/2014
City Council Meeting Agenda - Final September 25, 2014
10:15 A.M.
ID#14-358 HEARING to consider adoption of Resolutions related to the
designation of properties to the Local Register of Historic
Resources (Council District 5)
1.* RESOLUTION - Designating the Ralph and Jenny
Watson Home located at 3537 E. Huntington Boulevard,
Fresno, California to the Local Register of Historic
Resources
2.* RESOLUTION - Designating the C.M. and Gertrude
Prescott Home located at 3707 E. Huntington Boulevard,
Fresno, California to the Local Register of Historic
Resources
3.* RESOLUTION - Designating the Fred J. and Mary Dow
Home located at 3369 E. Huntington Boulevard, Fresno,
California to the Local Register of Historic Resources
4.* RESOLUTION - Designating the Clarence and Bessie
Bernhauer Home located at 3428 E. Huntington Boulevard,
Fresno, California to the Local Register of Historic
Resources
5.* RESOLUTION - Designating the F. Rex and Vera
Sporleder Home located at 3702 E. Huntington Boulevard,
Fresno, California to the Local Register of Historic
Resources
6.* RESOLUTION - Designating the Fred and Virginia
Billings Home located at 3650 E. Huntington Boulevard,
Fresno, California to the Local Register of Historic
Resources
7.* RESOLUTION - Designating the Eugene and Elsie
Brinker Home located at 3965 E. Huntington Boulevard,
Fresno, California to the Local Register of Historic
Resources
Sponsors: Development and Resource Management Department
City of Fresno Page 10 Printed on 9/19/2014
City Council Meeting Agenda - Final September 25, 2014
10:30 A.M.
ID#14-377 HEARING to consider of Official Plan Line Modification and
related Environmental Assessment No. EA-14-018, for W.
McKinley Avenue from N. Blythe to N. Marks Avenues
1. Consider the Finding of Conformity to the 2025 Fresno
General Plan Master Environmental Impact Report (MEIR)
No. 10130 and Mitigated Negative Declaration (MND) No. A-
09-02, which was prepared for Environmental Assessment
(EA) No. EA-14-018.
2. BILL - (For introduction and adoption) - Approving the
map entitled Official Plan Line for W. McKinley Avenue from
N. Blythe Avenue to 265 feet east of N. Marks Avenue, being
a precise section of the Major Street and Highway Plan of
the City of Fresno.
Sponsors: Public Works Department
3:00 P.M. CLOSED SESSION
ID#14-415 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, LLB
Sponsors: City Manager’s Office
Sponsors: City Attorney's Office
3:45 P.M.
ID#14-362 HEARING to consider Plan Amendment Application No.
A-14-002, Rezone Application No. R-14-002, Conditional
Use Permit Application No. C-14-012 and related
environmental findings filed by Giorgio Russo, on behalf of
Ginder Development Corporation, pertaining to
approximately 8.21 Acres of property located on the north
side of North Figarden Dive between West Bullard and
North Gates Avenues (District 2)
1. Consider the environmental finding for a Mitigated
City of Fresno Page 11 Printed on 9/19/2014
City Council Meeting Agenda - Final September 25, 2014
Negative Declaration prepared for Environmental
Assessment No. A-14-002/R-14-002/C-14-012 for the
purpose of the proposed project
2. RESOLUTION-Approving Plan Amendment to amend the
2025 General Plan and Bullard Community Plan from the
Community Commercial planned land use designation to the
Medium-High Density Residential land use designation
3. BILL-Amending the Official Zone Map to reclassify
8.21acres from the C-2/BA-20/UGM/cz (Community
Shopping Center/Boulevard Area Overlay, 20 feet/Urban
Growth Management/conditions of zoning) zone district to
the R-2/BA-20/UGM (Low Density Multiple Family
Residential/Boulevard Area Overlay, 20 feet/Urban Growth
Management) zone district
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
OCTOBER 2
10:00 A.M. HEARING re: CFD No. 11, Tract Map No. 6063 - south corner of N.
Friant Road and E. Copper Avenue
OCTOBER 2
10:10 a.m. WORKSHOP re: FMC Sign Ordinance
OCTOBER 9
4:00 P.M. HEARING re:Consideration of Rezone Application no. R-13-014 and
related environmental assessment no. R-13-014/tpm 2013-03 filed by Mike Hamzy
on behalf of Niko Real Estate Fund, LLC for property located on the west side of N.
City of Fresno Page 12 Printed on 9/19/2014
City Council Meeting Agenda - Final September 25, 2014
Winery between E. Washington and E. McKenzie Avenues (property located in
Council District 7)
OCTOBER 23
10:00 A.M.#1 HEARING ordering the vacation of a portion of the northwest side of
Stanislaus Street northeast of Fulton Street (Council District 3)
OCTOBER 23
10:00 A.M.#2 HEARING re: Non-Exclusive Towing Franchise Agreements
OCTOBER 23
10:15 A.M. HEARING re: Rezone Application No. R-14-004 filed by Poeschel Land
Development Services on behalf of property owner Bill Milam
NOVEMBER 20
10:00 a.m. HEARING re: Final Tract Map No. 5967 annexed to CFD No. 11 to
provide funding for the operation and reserves for maintenance (“Services”)
pertaining to the concrete curbs and gutters, entrance median curbs and
hardscaping, sidewalks, curb ramps, interior street paving and street lighting
associated with this subdivision
UPCOMING EMPLOYEE CEREMONIES
OCTOBER 2
8:30 A.M. Presentation of Employee of the Quarter Award (Reception immediately
following - 2nd floor foyer)
OCTOBER 22 (Wednesday)
2:00 P.M. Presentation of Employee Service Awards (Reception immediately
following - 2nd floor foyer)
City of Fresno Page 13 Printed on 9/19/2014
City Council Meeting Agenda - Final September 25, 2014
2014 CITY COUNCIL MEETING SCHEDULE
SEPTEMBER 4 - NO MEETING OCTOBER 2 - 8:30 A.M.
SEPTEMBER 11 - 8:30 A.M. OCTOBER 9 - 8:30 A.M.
SEPTEMBER 18 - NO MEETING OCTOBER 16 - NO MEETING
SEPTEMBER 25 - 8:30 A.M. OCTOBER 23 - 8:30 A.M.
OCTOBER 30 - 8:30 A.M.
NOVEMBER 6 - 8:30 A.M. DECEMBER 4 - 8:30 A.M.
NOVEMBER 13 - NO MEETING DECEMBER 11 - 8:30 A.M
NOVMEBER 20 - 8:30 A.M. DECEMBER 18 - 1:30 P.M.
NOVEMBER 27 - NO MEETING DECEMBER 25 - NO MEETING
City of Fresno Page 14 Printed on 9/19/2014
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