City Council
Regular MeetingFresno, CA · February 26, 2015
Minutes
City of Fresno 2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
Meeting Minutes - Final
City Council
President - Oliver L. Baines, III
Vice President - Paul Caprioglio
Councilmembers:
Lee Brand, Steve Brandau, Clinton J. Olivier,
Sal Quintero, Esmeralda Z. Soria
City Manager - Bruce Rudd
City Attorney - Douglas T. Sloan
City Clerk - Yvonne Spence, CMC
Thursday, February 26, 2015 8:30 AM Council Chambers
Regular Session
The City Council met in regular session at the hour of 8:30 P.M. in the Council
Chamber, City Hall, on the day above written.
8:34 A.M. ROLL CALL
Present: 7 - President Oliver Baines
Vice President Paul Caprioglio
Councilmember Lee Brand
Councilmember Steve Brandau
Councilmember Clinton Olivier
Councilmember Sal Quintero
Councilmember Esmeralda Soria
Councilmember Quintero arrived shortly after roll call at 8:40 A.M.
Invocation by Reza Nekumanesh of the Islamic Cultural Center of Fresno
Pledge of Allegiance to the Flag
CEREMONIAL PRESENTATIONS
ID#15-110 Proclamation of Multiple Sclerosis Awareness Week March 2nd
- 8th
Sponsors: City Councilmember Brand
PRESENTED
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ID#15-047 Proclamation of “Michael Webb Day”
Sponsors: City Councilmember Baines
PRESENTED
ID#15-119 Special Black History Reflection- Fannie Lou Hamer
Sponsors: City Councilmember Baines
PRESENTED
ID#15-146 Recognition/farewell to James Tate Hill II, New Executive
Director of the California State Black Chamber of Commerce”
Sponsors: City Councilmember Baines
CONTINUED
ADD ON CEREMONIAL - Moment of silence for fiend and co-worker Benjamin
Rash who passed away on February 10, 2015.
Councilmember Olivier remembered Ben Rash as a trusted city employee
with a golden heart and stated that he would be missed. He announced that
the meeting would be adjourned in the memory of Benjamin Rash and asked
for a moment of silence to reflect on him and all the special times people
have shared with him.
City Manager Rudd shared Councilmember Olivier's sentiment and
remembered Ben Rash as one of his "go-to" employees when the citizens of
Fresno needed something done. He recalled that Ben would never pull any
punches and would always tell people what they needed to know and not
what they wanted to hear. He stated that he appreciated Ben and that he
would be missed.
Councilmember Caprioglio remembered Ben Rash as a friend and
inspiration who was dedicated to the citizens of Fresno. He offered his
condolences to Ben's wife, Marry Ellen, and their four children.
President Baines stated that Ben Rash was one of the first Code Officers he
worked with as a Police Officer and recalled that Ben was one of the good
guys that was always on the case, working hard for the people of Fresno.
PRESENTED
APPROVE MINUTES
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On motion by Vice President Caprioglio, seconded by Councilmember
Soria, the MINUTES listed below were approved. The motion carried by
the following vote:
Aye: 7 - Baines, Caprioglio, Brand, Brandau, Olivier, Quintero and
Soria
ID#15-147 Approval of City Council minutes from January 29, 2015
APPROVED
ID#15-148 Approval of City Council minutes from February 5, 2015
APPROVED
ID#15-149 Approval of Successor Agency minutes from January 29, 2015
Sponsors: City Clerk's Office
APPROVED
ID#15-150 Approval of Successor Agency minutes from February 5, 2015
Sponsors: City Clerk's Office
APPROVED
ID#15-151 Approval of Fresno Revitalization Corporation minutes from
February 5, 2015
APPROVED
COUNCILMEMBER REPORTS AND COMMENTS
Councilmember Olivier reported on his attendance at the League of
California Cities Board of Directors Meeting the previous week. He
announced that the League authored a report on competing ballot measures
scheduled for the fall of 2016 regarding the legalization of marijuana in
California. According to the League, polls show Californians of all political
stripes overwhelmingly favor the legalization of marijuana. Councilmember
Olivier noted the Board gave direction to the League of Cities, that instead of
opposing the measure outright, the League should take a measured
approach to retain a seat at the table as it relates to local control.
Vice President Caprioglio acknowledged the Fresno Junior League of
Women that had adopted the Discovery Center and helped with restoration
of the facility the previous week. He also commented on his visit to the
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Veteran's Hospital where he attended the distribution of Valentines from
elementary students to the veterans. Finally, Vice President Caprioglio
stated he had a new appreciation for what our firefighters do and how they
prepare after having attended the Firefighter for a day event.
Councilmember Quintero asked City Manager Rudd to thank his Department
Heads for their work in District 5. Specifically, he acknowledged Director
Esqueda for field trips to the current and proposed water treatment plants
and Manger Estabrooke for field trips through District 5 to review code
enforcement activities Councilmember Quintero noted the Police
Department had gotten involved regarding reports of elderly people being
taken advantage of in the District.
Councilmember Soria expressed her thanks to the Firefighters Foundation
for the six hour Firefighter for the Day event she attended with Vice
President Caprioglio and Assistant City Manager Smith. She stated the
event helped her to better understand what our Firefighters endure on a
daily basis. Councilmember Soria also thanked the Police Department,
Code Enforcement and the Neighborhood Watch for their time at her first
Community Meeting in District 1.
President Baines expressed his excitement over the City hiring a new
Housing Manager and asked City Manager Rudd to arrange an introduction
for him in the near future.
APPROVE AGENDA
City Clerk Spence announced the following changes to the agenda: the
Ceremonial Presentation regarding the farewell to James Tate Hill (File
ID#15-146) was removed from the agenda and would be rescheduled; the
10:00 A.M. #1 scheduled item regarding Rezone Application No. R-15-001
(File ID#15-136) was removed from the agenda and referred back to staff;
the 10:00 A.M. #2 scheduled item regarding a second reformation of
Disposition and Development Agreement (File ID#15-167) was announced
as only a City Action; the 11:00 A.M. scheduled item regarding the
Enterprise Capital Management and Citizen Oversight Act (File ID#15-166)
was noted as being subject to Mayoral veto and the title was corrected by
being read into the record as "RESOLUTION - Adopting the Enterprise
Accountability and Oversight Act."
Councilmember Brandau announced the following additional change to the
agenda: the words "to discuss planning" are to be struck from the title of File
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ID#15-134 so that it reads, "Request scheduling a joint meeting with the City
of Fresno, County of Fresno and City of Clovis"
APPROVED AS AMENDED
On motion of Councilmember Soria, seconded by Councilmember
Brandau, the AGENDA was adopted as amended. The motion carried
by the following vote:
Aye: 7 - Baines, Caprioglio, Brand, Brandau, Olivier, Quintero and
Soria
1. CONSENT CALENDAR
APPROVAL OF THE CONSENT CALENDAR
On motion of Councilmember Brandau, seconded by Vice President
Caprioglio, the CONSENT CALENDAR was hereby adopted by the
following vote:
Aye: 7 - Baines, Caprioglio, Brand, Brandau, Olivier, Quintero and
Soria
1-A ID#15-045 ***RESOLUTION - 35th amendment to the Annual Appropriation
Resolution (AAR) No. 2014-95 appropriating $360,000 in
developer contributions for the acquisition of right-of-way for
public street and public utility easements for Tract Map 5531 on
Armstrong Avenue between Church Avenue and Butler Avenue
(Council District 5) (Requires five affirmative votes)
Sponsors: Public Works Department
RESOLUTION 2015-29 ADOPTED
The above item was adopted on the Consent Calendar.
1-B ID#15-057 RESOLUTION - Dedicating certain City-owned property as an
easement for public street purposes at Pump Station No. 250A
located on the west side of N. Effie Avenue north of E.
Gettysburg Avenue (Council District 4)
Sponsors: Public Works Department
RESOLUTION 2015-30 ADOPTED
The above item was adopted on the Consent Calendar.
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1-C ID#15-074 Award a requirements contract for custodial services at Fresno
City Hall in the amount of $323,736 for three years with an
option for two one-year increment extensions to Lincoln Training
Center of Fresno, CA (Council District 3) Bid File No. 9289
Sponsors: Public Works Department
AWARDED
The above item was approved on the Consent Calendar.
1-D ID#15-084 Adopt the 2015 Emergency Operations Plan for the City of
Fresno
Sponsors: Fire Department
ADOPTED
The above item was approved on the Consent Calendar.
1-E ID#15-111 Reject all bids for the requirements contract for bulk liquid
oxygen - Bid File 9308 (Citywide)
Sponsors: Department of Public Utilities
APPROVED (bids rejected)
The above item was approved on the Consent Calendar.
1-F ID#15-112 Actions pertaining to the new sewer main in Peach Avenue
between North and Annadale Avenues
(Bid File No. 3347) (Sphere of Influence in County of Fresno)
1. Adopt a finding of Categorical Exemption of Class 4,
pursuant to Section 15304(f) (Minor trenching and backfilling
where the surface is restored) and Statutory Exemption
pursuant to Section 15282(k) (The installation of new pipeline or
maintenance, repair, restoration, removal, or demolition of an
existing pipeline as set forth in Section 21080.21 of the Public
Resources Code, as long as the project does not exceed one
mile in length) of the California Environmental Quality Act
Guidelines
2. Award a $83,299.00 contract to Haydon Construction, Inc. of
Fresno, California
Sponsors: Department of Public Utilities
APPROVED
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The above item was approved on the Consent Calendar.
1-G ID#15-117 Approve the appointments of R. Renena Smith to the City of
Fresno Employees Retirement Board and Barry Falke to the
Housing and Community Development Commission
Sponsors: Mayor's Office
APPROVED
The above item was approved on the Consent Calendar.
1-H ID#15-131 ***Adopt a Side Letter of Agreement between the City and the
International Association of Fire Fighters, Local 753 - Unit 5,
Non-Management Fire regarding the accelerant detection
canine assignment
Sponsors: Personnel Services Department
ADOPTED
The above item was approved on the Consent Calendar.
1-I ID#15-135 RESOLUTION - Approving the Final Map of Tract No. 6033 and
accepting dedicated public uses offered therein - northeast
corner of N. Fowler Avenue and E. Clinton Avenue (Council
District 4)
Sponsors: Public Works Department
RESOLUTION 2015-31 ADOPTED
The above item was adopted on the Consent Calendar.
1-J ID#15-143 1. Authorize acceptance of fiscal year 2014 Cycle State
Homeland Security Funds Subgranted from the State of
California Office of Emergency Services (CALOES) in the
amount of $110,700
2. ***RESOLUTION - 39th amendment to the Annual
Appropriations Resolution (AAR) No. 2014-95, appropriating
$110,700 into the Police Department’s budget for the 2014 State
Homeland Security Grant Program (Requires 5 affirmative
votes)
Sponsors: Police Department
RESOLUTION 2015-32 ADOPTED
The above item was adopted on the Consent Calendar.
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CONTESTED CONSENT CALENDAR
No items were moved to the Contested Consent Calendar.
2. GENERAL ADMINISTRATION
2-A ID#15-012 Approve the selection of, and award a contract to PlaceWorks in
the amount of $789,094 for the Southwest Specific Plan and
Program Environmental Impact Report
Sponsors: Development and Resource Management Department
The above item was introduced to Council by Development and Resources
Management Director Clark.
The following member(s) of the public spoke on this item: Jeff Roberts of
Granville Homes.
APPROVED
On motion of President Baines, seconded by Councilmember Soria, the
above item was approved. The motion carried by the following vote:
Aye: 7 - Baines, Caprioglio, Brand, Brandau, Olivier, Quintero and
Soria
2-B ID#15-083 Actions pertaining to the award of the sole source repair and
rewind of one 2500kw ideal electric brushless AC generator for
$260,712.69:
1. RESOLUTION - Authorizing the Purchasing Manager of the
Finance Department or designee to award the repair and rewind
of one 2500KW Ideal Electric Brushless AC Generator without
advertised competitive bidding utilizing the sole source
exception in the Fresno City Charter
2. Authorize the Purchasing Manager of the Finance
Department or designee to issue a contract for said service to
Stanley Electric Motor Company, Inc., without advertised
competitive bidding
Sponsors: Department of Public Utilities
The above item was introduced to Council by Provisional Chief of
Wastewater Facilities Maintenance Tompsett.
RESOLUTION 2015-33 ADOPTED
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On motion of Councilmember Soria, seconded by Councilmember
Brand, the above item was adopted. The motion carried by the
following vote:
Aye: 7 - Baines, Caprioglio, Brand, Brandau, Olivier, Quintero and
Soria
2-C ID#15-097 Actions pertaining to the acquisition of three acres of property
owned by J & M Avila Properties, LLC, a California Limited
Liability Company:
1. Approve the acquisition of three acres of property owned by J
& M Avila Properties, LLC, a California Limited Liability
Company, in the amount of $1,536,325, for the construction of
Veterans Boulevard overcrossing near Golden State and Bullard
Avenue (Council District 2)
2. Authorize the Public Works Director, or his designee, to sign
all documents necessary to complete the transaction as
delegated by City Manager
Sponsors: Public Works Department
The above item was introduced to Council by Senior Real Estate Agent
Caldwell.
Councilmember Soria directed staff to provide her with copies of the
Purchase and Sale Agreement and the Lease and License Agreement.
APPROVED
On motion of Councilmember Brandau, seconded by Vice President
Caprioglio, the above item was approved. The motion carried by the
following vote:
Aye: 7 - Baines, Caprioglio, Brand, Brandau, Olivier, Quintero and
Soria
2-D ID#15-109 Approve amendment to agreement with Fresno Unified School
District (“FUSD”), adding two (2) additional School Resource
Officers (“SROs”) to be assigned to FUSD middle schools
Sponsors: Police Department
The above item was introduced to Council by Police Chief Dyer. City
Manager Rudd answered additional questions.
APPROVED
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On motion of Councilmember Brand, seconded by Councilmember
Quintero, the above item was approved. The motion carried by the
following vote:
Aye: 7 - Baines, Caprioglio, Brand, Brandau, Olivier, Quintero and
Soria
3. CITY COUNCIL
ID#15-134 Request scheduling a joint meeting with the City of Fresno,
County of Fresno and City of Clovis
Sponsors: City Councilmember Brandau
The above item was introduced to Council by Council Member Brandau.
The following member(s) of the public spoke on this item: Dave Herb.
As there was consensus among the Council Members, President Baines
announced he would contact the County of Fresno and the City of Clovis to
work on arranging a joint meeting.
PRESENTED
UNSCHEDULED COMMUNICATION
Upon call, no members of the public addressed council with unscheduled
communication.
4. CLOSED SESSION
The City Council met in closed session in Room 2125 from 9:48 A.M. to
10:26 A.M. to discuss the following:
ID#15-129 CONFERENCE WITH LEGAL COUNSEL-EXISTING
LITIGATION - Government Code Section 54956.9, subdivision
(d)(1)
1. Richard Briskin v. City of Fresno Fresno County Superior
Court Case No.: 14CECG00322
Sponsors: City Attorney's Office
The above item was discussed in closed session. No open session
announcement was made regarding this item.
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City Council Meeting Minutes - Final February 26, 2015
ID#15-165 CONFERENCE WITH LABOR NEGOTIATOR - Government
Code Section 54957.6
City Negotiator(s): Jeffrey Cardell, Ken Phillips
Employee Organizations:
1. International Union of Operating Engineers, Stationary
Engineers, Local 39 (Local 39)
2. Fresno City Employees Association (FCEA)
3. Fresno Police Officers Association (FPOA Basic)
4. International Association of Firefighters, Local 753, Unit 5
(Fire Basic)
5. Amalgamated Transit Union, Local 1027 (ATU)
6. International Brotherhood of Electrical Workers, Local 100
(IBEW)
7. Fresno Police Officers Association (FPOA Management)
8. International Association of Firefighters, Local 753, Unit 10
(Fire Management)
9. City of Fresno Professional Employees Association (CFPEA)
10. City of Fresno Management Employees Association
(CFMEA)
11. Operating Engineers, Local Union No. 3, Fresno Airport
Public Safety Supervisors (FAPSS)
Sponsors: Personnel Services Department
The above item was discussed in closed session. No open session
announcement was made regarding this item.
5. SCHEDULED COUNCIL HEARINGS AND MATTERS
10:00 A.M. #1
ID#15-136 HEARING to consider Rezone Application No. R-15-001 and
Related Environmental Assessment which were filed by
Christina Husbands of the City of Fresno Housing Authority, and
pertains to ±0.37 acre of vacant property located on the east
side of N. Glenn Avenue between E. Divisadero Street and E.
McKenzie Avenue (Council District 3) (Referred back to staff)
1. Adopt the Class 32 Categorical Exemption prepared for
Environmental Assessment No. R-15-001/S-15-001
2. BILL - (For introduction and adoption) - Approving Rezone
Application No. R-15-001 requesting authorization to reclassify
APN 459-322-18 from the R-1 (Single Family Residential) zone
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City Council Meeting Minutes - Final February 26, 2015
district to the R-4 (High Density Multiple Family Residential)
zone district
Sponsors: Development and Resource Management Department
REMOVED FROM AGENDA
10:00 A.M.#2
JOINT MEETING OF THE CITY OF FRESNO, THE SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY OF THE CITY OF FRESNO AND THE FRESNO
REVITALIZATION CORPORATION
The City Council met in joint session with the Successor Agency to the
Redevelopment Agency of the City of Fresno and Fresno Revitalization
Corporation at 10:28 A.M. to discuss the following:
ID#15-167 Approve a Second Reformation of Disposition and Development
Agreement among the City of Fresno, in its capacity as Housing
Successor Agency to the Redevelopment Agency of the City of
Fresno, Edison Plaza Partners, L.P., Fresno Edison
Apartments, L.P., and Fresno Edison Apartments, II, L.P.
(Council action)
The above item was introduced to Council by Successor Agency Executive
Director Murphey.
APPROVED
CITY COUNCIL VOTE
On motion of President Baines, seconded by Councilmember Quintero,
the above item was approved. The motion carried by the following
vote:
Aye: 7 - Baines, Caprioglio, Brand, Brandau, Olivier, Quintero and
Soria
ADJOURNMENT
The joint meeting adjourned at 10:32 A.M.
10:15 A.M.
ID#15-092 HEARING to consider the 2015 Weed Abatement Programs and
Adoption of an Ordinance approving the 2015 Weed Abatement
Program (City wide)
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1. BILL - (For introduction) - Relating to the Annual Weed
Abatement Program
Sponsors: Development and Resource Management Department
The above item was introduced to Council by Code Enforcement Manager
Estabrooke.
BILL B-3 INTRODUCED AND LAID OVER
On motion of Vice President Caprioglio, seconded by Councilmember
Soria, the above item was introduced and laid over. The motion carried
by the following vote:
Aye: 7 - Baines, Caprioglio, Brand, Brandau, Olivier, Quintero and
Soria
RECESSED: 10:34 A.M. to 11:05 A.M.
Councilmember Quintero returned to the Council Chamber at 11:11 A.M.
11:00 A.M.
ID#15-166 *** RESOLUTION - Adopting the Enterprise Accountability and
Oversight Act
Sponsors: City Councilmember Brand and City Councilmember Olivier
The above item was introduced to Council by Councilmember Brand and
Councilmember Olivier.
The following member(s) of the public spoke on this item: Diane Merrill of
the League of Women Voters, Stephenie Frederick (provided handout that
was accepted by President Baines) and Tyler Mackey.
Mayor Swearengin was in attendance and recognized by President Baines.
Mayor Swearengin stated she was comfortable recommending that the two
Mayoral appointments to the oversight board be members of the general
public without specific expertise as she felt it struck a good balance. Waving
of the expertise requirement was not included in the final motion.
Councilmember Olivier motioned to adopt the resolution with amendments
that reflect the four points in part "B" of the handout provided by Stephenie
Frederick (The oversight board shall: (i) review all change orders and report
on their legitimacy to the City council before X approves them; (ii) critique all
individual requests for funding authorization (Article VI of this resolution) and
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City Council Meeting Minutes - Final February 26, 2015
provide commentary to the City Council; (iii) critique all semi-annual
progress reports (Article X of this resolution) and provide commentary to the
City Council; (iv) critique RFP’s for future enterprise projects and provide
commentary to the City council before the RFP’s are released.)
Councilmember Brand seconded the motion.
RESOLUTION 2015-34 ADOPTED AS AMENDED
On motion of Councilmember Olivier, seconded by Councilmember
Brand, the above item was adopted as amended. The motion carried by
the following electronic vote:
Aye: 7 - Baines, Caprioglio, Brand, Brandau, Olivier, Quintero and
Soria
RECESSED: 12:06 P.M. to 5:41 P.M.
5:30 P.M.
ID#15-123 Actions pertaining to adopting a five year plan for water rates,
pursuant to Proposition 218
1. ***RESOLUTION - Adopting a Five Year Water Rate Plan in
Compliance with Proposition 218
2. ***RESOLUTION - 522nd amendment to the Master Fee
Schedule (“MFS”) Resolution No. 80-420 to adjust water fees in
the Public Utilities Water Fee Section according to Proposition
218
3. ***RESOLUTION - Adopting a Water Affordability Credit
Program (“Water ACP”)
Sponsors: Department of Public Utilities
The above item was introduced to Council by Public Utilities Director
Esqueda. As part of his presentation Director Esqueda introduced the
following people:
David Orth, General Manager of the Kings River Conservation District -
discussed regional water issues and concerns and the Ground Water
Management Act.
Kassy D. Chauhan, P.E., Senior Sanitary Engineer for the State Water
Resources Control Board - discussed ground water contamination issues
and potential orders of compliance.
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Darrin Polhemus, P.E., Deputy Director for the State Water Resources
Control Board, Division of Financial Assistance - discussed the status of the
City's application for financing assistance from the state.
Gary Serrato, General Manager of the Fresno Irrigation District - discussed
the challenges of updating the conveyance agreement between the City of
Fresno and the Fresno Irrigation District.
Director Esqueda stated, for the record, that the current ground water supply
system is compromised and has dimished capacity and presents a risk to
public health and safety without question, according to the data. He stated,
for the record, the current condition did not happen overnight but has taken
years to get to this point.
The following member(s) of the public spoke on this item: Al Smith of the
Fresno Chamber of Commerce, Daniel Torres, Wade Whittman, Tim
Thiesen of Fresno Taxpayers Association, Bill Simon, Jean Hays of WILPF
Earth Democracy, Jay Hubbell, Gladys Deniz, Joan Poss, J.D. McCubbin of
Water Rate Payers, Mary Murphy of WILPF, Gregory Berberian, Don
Winton, Diane Merrill of Fresno Leageue of Women Voters, Diane Smith of
HEAT, Robert Merrill of Geology (handout received and accepted by Council
President), Nancy Waidtlow, Gerry Bill, Steve Wayte, Dave Herb, Doug
Vagim, Jonathan Zwickal of Voice of Concerned Citizens, Rebecca Van
Stockkwin, Loran W. Harding, Howard Watkins, Carol Maul of CAA, Susan
Coberly, Stephenie Frederick, Martin McIntyre, Tyler Mackey, Jerry Prieto
Jr. of the Fresno Irrigation District, Charles L. Krugman, Mark Reynolds,
Richard B. Renteria.
Upon Call, no further memebers of the public wished to comment on this
item and public comment closed at 8:10 P.M.
RECESSED 9:13 P.M. to 9:30 P.M.
Councilmember Brandau motioned to approve this item with the following
amendments: (i) the cost to complete the project shall not exceed $429.1
million dollars; (ii) There will be no additional utility bill rate increases (not
just the water portion but the entire utility bill) during the life of the 5 year rate
increase established by this resolution; (iii) the administration will provide a
rate review and reconciliation report to council at the end of each year
before the next increase begins; (iv) as urged by Councilmember Soria, the
City will not proceed with re-rating from 54 MGD to 80 MGD until there is
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City Council Meeting Minutes - Final February 26, 2015
confirmation that the conveyance agreement will support the re-rating and
there is demonstration that the water will be received for the re-rate; (v) as
urged by Councilmember Soria and Preisdent Baines, the water rate
solution include a provision restricting the use of all net proceeds from any
current and future lawful settlements or judgments related to groundwater
contamination for TCP, MTB, or DBCP to be used for the low income rate
subsidies or to reduce future rate increases. Councilmember Olivier
seconded the motion.
RESOLUTION 2015-35 ADOPTED AS AMENDED
RESOLUTION 2015-36 ADOPTED
RESOLUTION 2015-37 ADOPTED
On motion of Councilmember Brandau, seconded by Councilmember
Olivier, the above item was adopted as amended. The motion carried
by the following vote:
Aye: 6 - Baines, Caprioglio, Brand, Brandau, Olivier and Soria
No: 1 - Quintero
ADJOURNMENT
Adjourned in the memory of Benjamin Rash at 10:12 P.M.
These minutes were approved by unanimous vote of the City Council during the
March 5, 2015 Council meeting.
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Agenda
City of Fresno
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
Meeting Agenda - Final
Thursday, February 26, 2015
8:30 AM
Regular Session
Council Chambers
City Council
President - Oliver L. Baines, III
Vice President - Paul Caprioglio
Councilmembers:
Lee Brand, Steve Brandau, Clinton J. Olivier,
Sal Quintero, Esmeralda Z. Soria
City Manager - Bruce Rudd
City Attorney - Douglas T. Sloan
City Clerk - Yvonne Spence, CMC
City Council Meeting Agenda - Final February 26, 2015
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 City Council welcomes you to the Council Chambers, located in City Hall,
2nd Floor, 2600 Fresno Street, Fresno CA 93721.
The agenda and related staff reports are available on (www.fresno.gov) as well
as in the Office of the City Clerk. The Council meeting can also be heard live at
the same web site address, and viewed live on Comcast Channel 96 and AT&T
Channel 99 from 8:30 a.m. and re-played beginning at 8:00 p.m.
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 ***Subject to Mayoral Veto Page 2
City Council Meeting Agenda - Final February 26, 2015
8:30 A.M. ROLL CALL
Invocation by Reza Nekumanesh of the Islamic Cultural Center of Fresno
Pledge of Allegiance to the Flag
CEREMONIAL PRESENTATIONS
ID#15-110 Proclamation of Multiple Sclerosis Awareness Week March
2nd - 8th
Sponsors: City Councilmember Brand
ID#15-047 Proclamation of “Michael Webb Day”
Sponsors: City Councilmember Baines
ID#15-119 Special Black History Reflection- Fannie Lou Hamer
Sponsors: City Councilmember Baines
ID#15-146 Recognition/farewell to James Tate Hill II, New Executive
Director of the California State Black Chamber of
Commerce”
Sponsors: City Councilmember Baines
APPROVE MINUTES
ID#15-147 Approval of City Council minutes from January 29, 2015
ID#15-148 Approval of City Council minutes from February 5, 2015
ID#15-149 Approval of Successor Agency minutes from January 29,
2015
Sponsors: City Clerk's Office
ID#15-150 Approval of Successor Agency minutes from February 5,
2015
Sponsors: City Clerk's Office
ID#15-151 Approval of Fresno Revitalization Corporation minutes from
February 5, 2015
COUNCILMEMBER REPORTS AND COMMENTS
APPROVE AGENDA
City of Fresno ***Subject to Mayoral Veto Page 3
City Council Meeting Agenda - Final February 26, 2015
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#15-045 ***RESOLUTION - 35th amendment to the Annual
Appropriation Resolution (AAR) No. 2014-95 appropriating
$360,000 in developer contributions for the acquisition of
right-of-way for public street and public utility easements for
Tract Map 5531 on Armstrong Avenue between Church
Avenue and Butler Avenue (Council District 5) (Requires five
affirmative votes)
Sponsors: Public Works Department
1-B ID#15-057 RESOLUTION - Dedicating certain City-owned property as
an easement for public street purposes at Pump Station No.
250A located on the west side of N. Effie Avenue north of E.
Gettysburg Avenue (Council District 4)
Sponsors: Public Works Department
1-C ID#15-074 Award a requirements contract for custodial services at
Fresno City Hall in the amount of $323,736 for three years
with an option for two one-year increment extensions to
Lincoln Training Center of Fresno, CA (Council District 3) Bid
File No. 9289
Sponsors: Public Works Department
1-D ID#15-084 Adopt the 2015 Emergency Operations Plan for the City of
Fresno
Sponsors: Fire Department
1-E ID#15-111 Reject all bids for the requirements contract for bulk liquid
oxygen - Bid File 9308 (Citywide)
Sponsors: Department of Public Utilities
1-F ID#15-112 Actions pertaining to the new sewer main in Peach Avenue
between North and Annadale Avenues
(Bid File No. 3347) (Sphere of Influence in County of Fresno)
City of Fresno ***Subject to Mayoral Veto Page 4
City Council Meeting Agenda - Final February 26, 2015
1. Adopt a finding of Categorical Exemption of Class 4,
pursuant to Section 15304(f) (Minor trenching and backfilling
where the surface is restored) and Statutory Exemption
pursuant to Section 15282(k) (The installation of new
pipeline or maintenance, repair, restoration, removal, or
demolition of an existing pipeline as set forth in Section
21080.21 of the Public Resources Code, as long as the
project does not exceed one mile in length) of the California
Environmental Quality Act Guidelines
2. Award a $83,299.00 contract to Haydon Construction, Inc.
of Fresno, California
Sponsors: Department of Public Utilities
1-G ID#15-117 Approve the appointments of R. Renena Smith to the City of
Fresno Employees Retirement Board and Barry Falke to the
Housing and Community Development Commission
Sponsors: Mayor's Office
1-H ID#15-131 ***Adopt a Side Letter of Agreement between the City and
the International Association of Fire Fighters, Local 753 -
Unit 5, Non-Management Fire regarding the accelerant
detection canine assignment
Sponsors: Personnel Services Department
1-I ID#15-135 RESOLUTION - Approving the Final Map of Tract No. 6033
and accepting dedicated public uses offered therein -
northeast corner of N. Fowler Avenue and E. Clinton Avenue
(Council District 4)
Sponsors: Public Works Department
1-J ID#15-143 1. Authorize acceptance of fiscal year 2014 Cycle State
Homeland Security Funds Subgranted from the State of
California Office of Emergency Services (CALOES) in the
amount of $110,700
2. ***RESOLUTION - 39th amendment to the Annual
Appropriations Resolution (AAR) No. 2014-95, appropriating
$110,700 into the Police Department’s budget for the 2014
State Homeland Security Grant Program (Requires 5
affirmative votes)
Sponsors: Police Department
City of Fresno ***Subject to Mayoral Veto Page 5
City Council Meeting Agenda - Final February 26, 2015
CONTESTED CONSENT CALENDAR
2. GENERAL ADMINISTRATION
2-A ID#15-012 Approve the selection of, and award a contract to
PlaceWorks in the amount of $789,094 for the Southwest
Specific Plan and Program Environmental Impact Report
Sponsors: Development and Resource Management Department
2-B ID#15-083 Actions pertaining to the award of the sole source repair and
rewind of one 2500kw ideal electric brushless AC generator
for $260,712.69:
1. RESOLUTION - Authorizing the Purchasing Manager of
the Finance Department or designee to award the repair and
rewind of one 2500KW Ideal Electric Brushless AC
Generator without advertised competitive bidding utilizing the
sole source exception in the Fresno City Charter
2. Authorize the Purchasing Manager of the Finance
Department or designee to issue a contract for said service
to Stanley Electric Motor Company, Inc., without advertised
competitive bidding
Sponsors: Department of Public Utilities
2-C ID#15-097 Actions pertaining to the acquisition of three acres of
property owned by J & M Avila Properties, LLC, a California
Limited Liability Company:
1. Approve the acquisition of three acres of property owned
by J & M Avila Properties, LLC, a California Limited Liability
Company, in the amount of $1,536,325, for the construction
of Veterans Boulevard overcrossing near Golden State and
Bullard Avenue (Council District 2)
2. Authorize the Public Works Director, or his designee, to
sign all documents necessary to complete the transaction as
delegated by City Manager
Sponsors: Public Works Department
2-D ID#15-109 Approve amendment to agreement with Fresno Unified
School District (“FUSD”), adding two (2) additional School
Resource Officers (“SROs”) to be assigned to FUSD middle
schools
Sponsors: Police Department
City of Fresno ***Subject to Mayoral Veto Page 6
City Council Meeting Agenda - Final February 26, 2015
3. CITY COUNCIL
ID#15-134 Request scheduling a joint meeting with the City of Fresno,
County of Fresno and City of Clovis to discuss planning
Sponsors: City Councilmember Brandau
4. CLOSED SESSION
ID#15-129 CONFERENCE WITH LEGAL COUNSEL-EXISTING
LITIGATION - Government Code Section 54956.9,
subdivision (d)(1)
1. Richard Briskin v. City of Fresno Fresno County Superior
Court Case No.: 14CECG00322
Sponsors: City Attorney's Office
ID#15-165 CONFERENCE WITH LABOR NEGOTIATOR - Government
Code Section 54957.6
City Negotiator(s): Jeffrey Cardell, Ken Phillips
Employee Organizations:
1. International Union of Operating Engineers, Stationary
Engineers, Local 39 (Local 39)
2. Fresno City Employees Association (FCEA)
3. Fresno Police Officers Association (FPOA Basic)
4. International Association of Firefighters, Local 753, Unit 5
(Fire Basic)
5. Amalgamated Transit Union, Local 1027 (ATU)
6. International Brotherhood of Electrical Workers, Local
100 (IBEW)
7. Fresno Police Officers Association (FPOA Management)
8. International Association of Firefighters, Local 753, Unit
10 (Fire Management)
9. City of Fresno Professional Employees Association
(CFPEA)
10. City of Fresno Management Employees Association
(CFMEA)
11. Operating Engineers, Local Union No. 3, Fresno Airport
Public Safety Supervisors (FAPSS)
Sponsors: Personnel Services Department
City of Fresno ***Subject to Mayoral Veto Page 7
City Council Meeting Agenda - Final February 26, 2015
5. SCHEDULED COUNCIL HEARINGS AND MATTERS
10:00 A.M. #1
ID#15-136 HEARING to consider Rezone Application No. R-15-001 and
Related Environmental Assessment which were filed by
Christina Husbands of the City of Fresno Housing Authority,
and pertains to ±0.37 acre of vacant property located on the
east side of N. Glenn Avenue between E. Divisadero Street
and E. McKenzie Avenue (Council District 3) (Referred back
to staff)
1. Adopt the Class 32 Categorical Exemption prepared for
Environmental Assessment No. R-15-001/S-15-001
2. BILL - (For introduction and adoption) - Approving
Rezone Application No. R-15-001 requesting authorization to
reclassify APN 459-322-18 from the R-1 (Single Family
Residential) zone district to the R-4 (High Density Multiple
Family Residential) zone district
Sponsors: Development and Resource Management Department
10:00 A.M.#2
JOINT MEETING OF THE CITY OF FRESNO, THE SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY OF THE CITY OF FRESNO AND THE FRESNO
REVITALIZATION CORPORATION
ID#15-167 Approve a Second Reformation of Disposition and
Development Agreement among the City of Fresno, in its
capacity as Housing Successor Agency to the
Redevelopment Agency of the City of Fresno, Edison Plaza
Partners, L.P., Fresno Edison Apartments, L.P., and Fresno
Edison Apartments, II, L.P. (Successor Agency, Council,
FRC and Housing Successor action)
ADJOURNMENT
10:15 A.M.
ID#15-092 HEARING to consider the 2015 Weed Abatement Programs
and Adoption of an Ordinance approving the 2015 Weed
Abatement Program (City wide)
1. BILL - (For introduction) - Relating to the Annual Weed
City of Fresno ***Subject to Mayoral Veto Page 8
City Council Meeting Agenda - Final February 26, 2015
Abatement Program
Sponsors: Development and Resource Management Department
11:00 A.M.
ID#15-166 RESOLUTION - Adopt the Enterprise Capital Management
and Citizen Oversight Act
Sponsors: City Councilmember Brand and City Councilmember Olivier
5:30 P.M.
ID#15-123 Actions pertaining to adopting a five year plan for water
rates, pursuant to Proposition 218
1. ***RESOLUTION - Adopting a Five Year Water Rate Plan
in Compliance with Proposition 218
2. ***RESOLUTION - 522nd amendment to the Master Fee
Schedule (“MFS”) Resolution No. 80-420 to adjust water
fees in the Public Utilities Water Fee Section according to
Proposition 218
3. ***RESOLUTION - Adopting a Water Affordability Credit
Program (“Water ACP”)
Sponsors: Department of Public Utilities
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
MARCH 5, 2015 - 8:30 A.M. MEETING
MARCH 12, 2015 - NO MEETING
MARCH 19, 2015 - NO MEETING
City of Fresno ***Subject to Mayoral Veto Page 9
City Council Meeting Agenda - Final February 26, 2015
MARCH 26, 2015 - 8:30 A.M. MEETING
APRIL 9, 2015
10:00 AM - HEARING to adopt resolutions and ordinance to annex territory and
levy a special tax regarding City of Fresno Community District No. 9, Annexation
No. 7 (Final Parcel Map No. 2014-05) (east side of North Maple Avenue south of
East McKinley Avenue) (Council District 7)
UPCOMING EMPLOYEE CEREMONIES
APRIL 8, 2015 (Weds.)
2:00 P.M. Presentation of Employee Service Awards (Reception immediately
following - 2nd floor foyer)
APRIL 30, 2015
8:30 A.M. Presentation of Employee of the Quarter Awards (Reception
immediately following - 2nd floor foyer)
JULY 16, 2015
8:30 A.M. Presentation of Employee of the Quarter Awards (Reception
immediately following - 2nd floor foyer)
OCTOBER 1, 2015
8:30 A.M. Presentation of Employee of the Quarter Awards (Reception
immediately following - 2nd floor foyer)
OCTOBER 21, 2015 (Weds.)
2:00 P.M. Presentation of Employee Service Awards (Reception immediately
following - 2nd floor foyer)
2014 CITY COUNCIL MEETING SCHEDULE
MARCH 5 2015 - 8:30 A.M.
MARCH 12 2015 - NO MEETING
MARCH 19 2015 - NO MEETING
MARCH 26 2015 - 8:30 A.M.
City of Fresno ***Subject to Mayoral Veto Page 10
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