City Council

City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Meeting Minutes - Final City Council Thursday, December 4, 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. 8:30 A.M. ROLL CALL Present: 7 - Council President Steve Brandau Acting Council President Oliver Baines Councilmember Lee Brand Councilmember Paul Caprioglio Councilmember Clinton Olivier Councilmember Sal Quintero Councilmember Blong Xiong Invocation by Pastor Sandy Brown of the New Covenant Community Church The invocation was performed by Pastor Sandy Brown of the New Covenant Community Church. Pledge of Allegiance to the Flag CEREMONIAL PRESENTATIONS ID#14-634 Presentation of the SPCA Pet of the Month Sponsors: City Councilmember Caprioglio PRESENTED ID#14-598 Recognizing 2014 Make a Difference Day Sponsors and Volunteers Sponsors: City Councilmember Brandau and City Councilmember Xiong PRESENTED City of Fresno *Subject to mayoral veto Page 1 City Council Meeting Minutes - Final December 4, 2014 APPROVE MINUTES Approve City Council minutes of November 20, 2014 APPROVED On motion of Councilmember Caprioglio, seconded by Councilmember Olivier, the above Minutes were approved. The motion carried by the following vote: Aye: 5 - Baines, Brand, Caprioglio, Olivier and Quintero Absent: 2 - Brandau and Xiong Approve Successor Agency minutes of November 20, 2014 APPROVED On motion of Councilmember Caprioglio, seconded by Councilmember Olivier, the above Minutes were approved. The motion carried by the following vote: Aye: 5 - Baines, Brand, Caprioglio, Olivier and Quintero Absent: 2 - Brandau and Xiong Approve the November 18, 2014 minutes of the Joint Meeting with the City of Clovis APPROVED On motion of Councilmember Caprioglio, seconded by Councilmember Olivier, the above Minutes were approved. The motion carried by the following vote: Aye: 5 - Baines, Brand, Caprioglio, Olivier and Quintero Absent: 2 - Brandau and Xiong COUNCILMEMBER REPORTS AND COMMENTS Council President Brandau reported that the General Plan will be held at the Council meeting on December 11, 2014 at 5:00 p.m. at the Convention Center at 848 M. Street in Meeting Hall II and III. Councilmember Olivier introduced the two interns working in his office for the day from the Youth Job Prep Program is run through our Parks Department. The program started off as an after program and developed into the Job Prep Program. Their names are Paulette and Lydia and they City of Fresno *Subject to mayoral veto Page 2 City Council Meeting Minutes - Final December 4, 2014 both attend Edison High School. Part of the goal of today's visit is to learn more about what the life of a councilmember is like. Councilmember Olivier asked the interns to come up to the microphone to tell us what the program is about and why they got involved in the program. Both young ladies explained why they are interested in learning what a councilmember does. Councilmember Quintero reported that a retired employee, Al Castenada recently passed. Al worked for the City for 29 or 30 years starting from the bottom, putting himself through school and continued to advanced to high positions. Councilmember Quintero wanted to be sure that everyone at the City who may have worked with Al was aware that he passed. APPROVE AGENDA There were no changes to the agenda. APPROVED On motion of Councilmember Olivier, seconded by Councilmember Brand, the Agenda was approved. The motion carried by the following vote: Aye: 5 - Baines, Brand, Caprioglio, Olivier and Quintero Absent: 2 - Brandau and Xiong 1. CONSENT CALENDAR The following member(s) of the public spoke on the consent agenda: Barbara Hunt. Councilmember Brand moved Consent Calendar item 1E (File ID# 14-621) to the Contested Consent Calendar for further discussion. Public Works Manager Son read information into the record for Consent Calendar item 1B (File ID# 14-610). APPROVAL OF THE CONSENT CALENDAR On motion of Council President Brandau, seconded by Councilmember Caprioglio, the CONSENT CALENDAR was hereby 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 December 4, 2014 1-A ID#14-538 RESOLUTION - Rescinding Resolution 2006-472 and removing UUD FRE-87 from the current Three Year Plan (Council District 3) Sponsors: Public Works Department RESOLUTION 2014-198 ADOPTED The above item was approved on the Consent Calendar. 1-B ID#14-610 Authorize staff to request an extension of time for unspent grant funds for the following projects: a. Shields Avenue Wireless Intelligent Transportation Systems (ITS) between West Avenue and Chestnut Avenue (CML 5060(201)) b. ITS Friant Road-Nees Avenue-Palm Avenue Project (CML 5060(200)) c. Traffic Signal at Peach Avenue and Church Avenue intersection (SR2SL-5060(222) (Council Districts 1, 2, 4, 5, 6, 7) Sponsors: Public Works Department Public Works Manager Son read the following information into the record for the above item, “under environmental finding, by the definition provided in the California Environmental Quality Act Guideline Section 15378, this item does not quality as a project for the purpose of the California Environmental Quality Act; under local preference, I need to add the local preference not implemented because this item does not include a competitive bid.” APPROVED The above item was approved on the Consent Calendar. 1-C ID#14-618 Approve the acquisition of temporary construction easement from Frances M. Ricchiuti and Patrick V. Ricchiuti for APN 581-040-02S Sponsors: Department of Public Utilities APPROVED The above item was approved on the Consent Calendar. City of Fresno *Subject to mayoral veto Page 4 City Council Meeting Minutes - Final December 4, 2014 1-D ID#14-619 Approve the acquisition of permanent pipeline right-of-way easements and temporary construction easements from Thelma Becker and Knox Blasingame for APN 581-010-14 and APN 581-010-15 Sponsors: Department of Public Utilities APPROVED The above item was approved on the Consent Calendar. 1-E ID#14-621 Actions pertaining to the sale of excess property on Santa Fe Avenue between Mono Street and Inyo Street: 1. Adopt a finding of a categorical exemption pursuant to class 1/15301(c) (existing facilities) of CEQA Guidelines 2. Authorize the City Manager or designee to execute a grant deed for the sale of excess property in the amount of $326,800.00 to Baltara Enterprises LP located on Santa Fe Avenue between Mono Street and Inyo Street APN 468-167-01T Sponsors: Public Works Department The above item was moved to the Contested Consent Calendar by Councilmember Brand. 1-F ID#14-630 Consideration of approval of Measure “C” Cooperative Agreement for the Herndon Avenue westbound widening from Brawley Avenue to Blythe Avenue (Council District 2) Sponsors: Public Works Department APPROVED The above item was approved on the Consent Calendar. 1-G ID#14-646 Actions pertaining to a sale of a portion of excess property in the San Joaquin River bottom just east of Fig Garden Golf Course: 1. Adopt a finding of a categorical exemption pursuant to Class 1, Section 15301(c) (existing facilities) of the California Environmental Quality Act (“CEQA”) Guidelines 2. Authorize the City Manager or designee to execute a grant deed for the sale of a portion of excess property in the amount of $25,000.00 to Michael and Jeanne Adams located on the former Fresno Traction Company right of way, now known as River Bottom Road, just east of Fig Garden Golf Course in the San Joaquin River bottom APN 405-030-XR Sponsors: Public Works Department APPROVED City of Fresno *Subject to mayoral veto Page 5 City Council Meeting Minutes - Final December 4, 2014 The above item was approved on the Consent Calendar. CONTESTED CONSENT CALENDAR 1-E ID#14-621 Actions pertaining to the sale of excess property on Santa Fe Avenue between Mono Street and Inyo Street: 1. Adopt a finding of a categorical exemption pursuant to class 1/15301(c) (existing facilities) of CEQA Guidelines 2. Authorize the City Manager or designee to execute a grant deed for the sale of excess property in the amount of $326,800.00 to Baltara Enterprises LP located on Santa Fe Avenue between Mono Street and Inyo Street APN 468-167-01T Sponsors: Public Works Department Councilmember Brand discussed this item with City Manager Rudd. The following member(s) of the public spoke on this item: Barbara Hunt. APPROVED 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 2. GENERAL ADMINISTRATION 2-A ID#14-580 Award a five-year revenue contract for bus advertising services to Lamar Transit Advertising for $2,000,000 (RFP No. 9301) Sponsors: Department of Public Transportation (FAX) The above item was introduced to Council by Transportation Director Marshall. The following member(s) of the public spoke on this item: Barbara Hunt APPROVED On motion of Councilmember Brand, seconded by Councilmember Caprioglio, that the above Action Item be approved. The motion carried by the following vote: Aye: 6 - Brandau, Baines, Brand, Caprioglio, Quintero and Xiong City of Fresno *Subject to mayoral veto Page 6 City Council Meeting Minutes - Final December 4, 2014 Absent: 1 - Olivier 3. CITY COUNCIL 3-A ID#14-639 RESOLUTION - Making and adopting express findings that modifications to the California Bureau of Gaming Control (BGC) regulations mandating fees to all customers has an adverse impact to the economy of the City of Fresno and opposing proposed regulations Sponsors: City Councilmember Baines The above item was introduced by Acting President Baines. Acting President Baines called up Kyle Kirkland, President, General Manager and one of the owners of Club One Casino to speak on the item. RESOLUTION 2014-199 ADOPTED On motion of Acting President Baines, seconded by Councilmember Olivier, the above item was adopted. The motion carried by the following vote: Aye: 7 - Brandau, Baines, Brand, Caprioglio, Olivier, Quintero and Xiong 4. CLOSED SESSION The City Council met in closed session in Room 2125 from 9:39 A.M. to 10:18 A.M. to discuss the following: ID#14-645 CONFERENCE WITH LABOR NEGOTIATORS - Government Code Section 54957.6 City Negotiators: Ken Phillips, Jeff Cardell 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 *Subject to mayoral veto Page 7 City Council Meeting Minutes - Final December 4, 2014 CONFERENCE WITH LABOR NEGOTIATORS - Government Code Section 54957.6 City Negotiator(s): Steve Brandau, Ashley Swearengin, Bruce Rudd, Jeffrey Cardell 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 Economic Development Director Executive Assistant to Department Director Executive Assistant to the City Manager Fire Chief Governmental Affairs Manager City of Fresno *Subject to mayoral veto Page 8 City Council Meeting Minutes - Final December 4, 2014 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 The above item was discussed in closed session. No open session announcement was made regarding this item. HELD 5. SCHEDULED COUNCIL HEARINGS AND MATTERS 10:00 A.M.#1 ID#14-521 Workshop - Presentation by Fresno Unified School District Superintendent, Michael Hanson Sponsors: City Councilmember Brandau Council President Brandau introduced Michael Hanson, Superintendent of Fresno Unified School District and explained his reason for inviting out all of the school districts that represent the City of Fresno. Council President Brandau wants the school districts to share their successes and challenges with the council. Michael Hanson, Superintendent of Fresno Unified School District presented the workshop. PRESENTED City of Fresno *Subject to mayoral veto Page 9 City Council Meeting Minutes - Final December 4, 2014 10:00 A.M.#2 ID#14-633 HEARING to consider: (Continue to December 18, 2014 at 2:30 p.m.) 1.Consider and adopt the Environmental Finding of Conformity to the 2025 General Plan Master Environmental Impact Report (MEIR) No. 10130 and the Mitigated Negative Declaration for Plan Amendment A-09-02 (Air Quality MND) prepared for Environmental Assessment No. EA-13-003, for street widening and the installation of curb, gutter, and sidewalk. (Council District 4) 2. ***RESOLUTION of Public Use and Necessity for the acquisition of a street easement for the construction of intersection improvements at Shields Avenue and Fowler Avenue and public road purposes from Assessor’s Parcel Number 496-192-10s owned by Forest Sunrise, LLC. Sponsors: Public Works Department The above item was continued to December 18, 2014 at 2:30 P.M. 10:15 A.M. ID#14-632 WORKSHOP on the City of Fresno’s General Plan Update Sponsors: Development and Resource Management Department The above item was presented by Mayor Ashley Swearingen, Jennifer Clark, DARM Director, Renena Smith, Assistant City Manager. PRESENTED UNSCHEDULED COMMUNICATION The following member(s) of the public spoke to Council about items not on the agenda: Barbara Hunt - discussed councilmembers serving on various commissions and committees City of Fresno *Subject to mayoral veto Page 10 City Council Meeting Minutes - Final December 4, 2014 11:00 A.M. MEETING OF THE JOINT POWERS FINANCING AUTHORITY Members: Mayor Swearengin, Council President Brandau and Acting President Baines "A" ID#14-502 Consent to and authorization of the investment of monies in the Local Agency Investment Fund (“LAIF”) in the custody of the State Treasurer for purposes of investment and authorize certain Finance Officers in connection therewith (Authority action) 1. RESOLUTION - Designating and authorizing certain Finance Officers of the City of Fresno to deposit and withdraw funds into and out of the Local Agency Investment Fund (“LAIF”) in the State Treasury (Authority action) Sponsors: Finance Department RESOLUTION JPFA-36 ADOPTED JOINT POWERS FINANCING AUTHORITY VOTE On Motion of Member Brandau, seconded by Member Baines the above item was adopted. The motion carried by the following vote: Aye: 2 - Brandau, Baines Absent: 1 - Swearengin "B" ID#14-503 Designate and authorize certain Finance Officers of the City of Fresno (“City”) to sign various investment and commercial banking documents, and to provide verbal instruction required for prudent financial administration and safekeeping of Fresno Joint Powers Finance Authority (“JPFA”) funds and property (Authority action) 1. RESOLUTION - Designating and authorizing certain Finance Officers of the City of Fresno to take certain actions as required for the prudent financial administration and safekeeping of authority funds and property (Authority action) Sponsors: Finance Department RESOLUTION JPFA-37 ADOPTED JOINT POWERS FINANCING AUTHORITY VOTE On Motion of Member Brandau, seconded by Member Baines the above item was adopted. The motion carried by the following vote: Aye: 2 - Brandau, Baines Absent: 1 - Swearengin City of Fresno *Subject to mayoral veto Page 11 City Council Meeting Minutes - Final December 4, 2014 "C" ID#14-505 Approve a Demand Promissory Note to the City of Fresno (the “City”) for up to fifty million dollars ($50,000,000) in advances from the City, and authorize and direct the Treasurer and Controller of the Joint Powers Financing Authority (the “JPFA” or the “Authority”) to invest the advances in the Local Agency Investment Fund (“LAIF”) (Authority action) 1. RESOLUTION - Approving a Demand Promissory Note to the City for up to $50,000,000 in advances, and authorizing and directing the Treasurer and Controller to invest the advances in the Local Agency Investment Fund (Authority action) Sponsors: Joint Powers Financing Authority and Finance Department RESOLUTION JPFA-38 ADOPTED JOINT POWERS FINANCING AUTHORITY VOTE On Motion of Member Brandau, seconded by Member Baines the above item was adopted. The motion carried by the following vote: Aye: 2 - Brandau, Baines Absent: 1 - Swearengin ADJOURN AUTHORITY The Joint Powers Financing Authority meeting adjourned at 12:36 P.M. ADJOURNMENT The City Council meeting adjourned at 12:36 P.M. These minutes were approved by unanimous vote of the City Council during the December 11, 2014 Council meeting. City of Fresno *Subject to mayoral veto Page 12