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City Council

Regular Meeting

Fresno, CA · February 26, 2015

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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 City of Fresno ***Subject to Mayoral Veto Page 1 City Council Meeting Minutes - Final February 26, 2015 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 City of Fresno ***Subject to Mayoral Veto Page 2 City Council Meeting Minutes - Final February 26, 2015 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 City of Fresno ***Subject to Mayoral Veto Page 3 City Council Meeting Minutes - Final February 26, 2015 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 City of Fresno ***Subject to Mayoral Veto Page 4 City Council Meeting Minutes - Final February 26, 2015 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. City of Fresno ***Subject to Mayoral Veto Page 5 City Council Meeting Minutes - Final February 26, 2015 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 City of Fresno ***Subject to Mayoral Veto Page 6 City Council Meeting Minutes - Final February 26, 2015 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. City of Fresno ***Subject to Mayoral Veto Page 7 City Council Meeting Minutes - Final February 26, 2015 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 City of Fresno ***Subject to Mayoral Veto Page 8 City Council Meeting Minutes - Final February 26, 2015 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 City of Fresno ***Subject to Mayoral Veto Page 9 City Council Meeting Minutes - Final February 26, 2015 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. City of Fresno ***Subject to Mayoral Veto Page 10 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 City of Fresno ***Subject to Mayoral Veto Page 11 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) City of Fresno ***Subject to Mayoral Veto Page 12 City Council Meeting Minutes - Final February 26, 2015 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 City of Fresno ***Subject to Mayoral Veto Page 13 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. City of Fresno ***Subject to Mayoral Veto Page 14 City Council Meeting Minutes - Final February 26, 2015 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 City of Fresno ***Subject to Mayoral Veto Page 15 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. 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, 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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