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City Council

Regular Meeting

Fresno, CA · September 25, 2014

AgendaMinutes

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 City of Fresno *Subject to mayoral veto Page 1 City Council Meeting Minutes - Final September 25, 2014 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 City of Fresno *Subject to mayoral veto Page 2 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 City of Fresno *Subject to mayoral veto Page 3 City Council Meeting Minutes - Final September 25, 2014 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. City of Fresno *Subject to mayoral veto Page 4 City Council Meeting Minutes - Final September 25, 2014 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 City of Fresno *Subject to mayoral veto Page 5 City Council Meeting Minutes - Final September 25, 2014 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 City of Fresno *Subject to mayoral veto Page 6 City Council Meeting Minutes - Final September 25, 2014 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 City of Fresno *Subject to mayoral veto Page 7 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) City of Fresno *Subject to mayoral veto Page 8 City Council Meeting Minutes - Final September 25, 2014 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 City of Fresno *Subject to mayoral veto Page 9 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 City of Fresno *Subject to mayoral veto Page 10 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 City of Fresno *Subject to mayoral veto Page 11 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: City of Fresno *Subject to mayoral veto Page 12 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 City of Fresno *Subject to mayoral veto Page 13 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. City of Fresno *Subject to mayoral veto Page 14 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 City of Fresno *Subject to mayoral veto Page 15 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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