City Council

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, April 9, 2015 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. 8:47 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 Invocation by District Seven Councilmember, Sal Quintero Pledge of Allegiance to the Flag CEREMONIAL PRESENTATIONS ID#15-269 Presentation of the SPCA Pet of the Month Sponsors: City Councilmember Soria PRESENTED City of Fresno ***Subject to Mayoral Veto Page 1 City Council Meeting Minutes - Final April 9, 2015 ID#15-133 Presentation by representatives of Earth Day Fresno to provide information on this year’s events Sponsors: City Councilmember Olivier PRESENTED ID#15-161 Proclamation of “Maker Month” Sponsors: City Councilmember Baines PRESENTED ID#15-270 Resolution of Commendation to the Fleet Management Division of the Transportation Department for earning the ASE Blue Seal of Excellence Recognition for the 15th consecutive year Sponsors: City Manager's Office and Department of Public Transportation (FAX) CONTINUED TO APRIL 30, 2015 ID#15-277 Proclamation of “Detective Edgar Valle-Sandoval Day” Sponsors: City Councilmember Caprioglio CONTINUED TO APRIL 30, 2015 APPROVE MINUTES ID#15-272 Approval of City Council minutes from March 26, 2015 APPROVED On motion of Vice President Caprioglio, seconded by Councilmember Olivier, the above MINUTES were approved. The motion carried by the following vote: Aye: 7 - Baines, Caprioglio, Brand, Brandau, Olivier, Quintero and Soria ID#15-273 Approval of Successor Agency minutes from March 26, 2015 Sponsors: City Clerk's Office APPROVED On motion of Councilmember Brandau, seconded by Vice President Caprioglio, the above MINUTES were approved. The motion carried by City of Fresno ***Subject to Mayoral Veto Page 2 City Council Meeting Minutes - Final April 9, 2015 the following vote: Aye: 7 - Baines, Caprioglio, Brand, Brandau, Olivier, Quintero and Soria COUNCILMEMBER REPORTS AND COMMENTS Councilmember Soria announced that Council would adjourn in the memory of Fresno City College President Tony Cantu. Councilmember Soria announced that she had attended the American Ambulance blood drive along with more than 300 other people and acknowledged the wonderful community support for the City's hero's like our Firefighters and Fire Captain Pete Dern. Finally, Councilmember Soria announced her office would host an Earth Day event on Saturday, April 25th from 9:00 a.m. to 12:00 p.m. at Homan Elementary. The event would consist of a cleanup and the planting of drought tolerant plants and trees to help beautify the campus. Councilmember Brand noted the City's Water Conservation Act was meant to incentivize water conservation but the City's website had not been updated to reflect the incentives. Councilmember Brand thanked Communications and Public Affairs Director Standriff for recently updating the website but asked for the home page to have a clear link to the water rebates. He mentioned the Act included efforts to secure state money for grants and was hoping the current $500,000 fund could be doubled so more people could make water smart changes. Councilmember Brand also requested a report from the City on the status of the rebate program and a fiscal assessment of the city's entire irrigation system to determine the cost of making needed capital improvements. Councilmember Quintero asked City Manager Rudd to thank the Police Department, Code Enforcement and PARCS for cleaning up the abandoned buildings and mobile buildings at the "old experimental farm near Peach and California Avenues." He noted the residents living in the area were thankful and appreciated the joint effort on the cleanup. Vice President Caprioglio concurred with Councilmember Brand's comments regarding the Water Conservation Act. He also announced that, in conjunction with PG&E, there would be a cleanup, tree planting and the installation of conservation type irrigation at Melody Park on April 18th starting at 9:00 a.m.. Fresno Firefighters would be participating and hosting a barbecue for volunteers. City of Fresno ***Subject to Mayoral Veto Page 3 City Council Meeting Minutes - Final April 9, 2015 President Baines announced the next joint meeting with the City of Clovis would happen on May 11, 2015 at 6:00 p.m. in Clovis. President Baines also encouraged people to attend the Fresno Grizzlies first home game of the season and announced several Councilmembers would be in attendance to throw out a few pitches. APPROVE AGENDA City Clerk Spence announced the following changes to the agenda: Ceremonial Presentations regarding the ASE Blue Seal of Excellence (File ID# 15-270) and Detective Valle-Sandoval Day (File ID# 15-277), had been continued to the April 30, 2015 meeting, and; the 10:00 A.M. Scheduled Matter (File ID#15-246) contained a typo - the first resolution should reference Community Facilities District "No. 9" not "No.11." APPROVED AS AMENDED On motion of Vice President Caprioglio, seconded by Councilmember Brandau, the AGENDA was approved 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 Councilmember Brandau moved Consent Calendar Item 1-C (File ID#15-241) to the Contested Consent Calendar for further discussion. Councilmember Quintero moved Consent Calendar Item 1-E (File ID#15-245) to the Contested Consent Calendar for further discussion. President Baines moved Consent Calendar Item 1-M (File ID#15-267) to the Contested Consent Calendar for further discussion. On motion of President Baines, 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 City of Fresno ***Subject to Mayoral Veto Page 4 City Council Meeting Minutes - Final April 9, 2015 1-A ID#15-207 Approve Contract Change Order Numbers 9 & 10 pertaining to the large diameter water transmission main In northeast Fresno, Chestnut Avenue from Teague Avenue to Ashlan Avenue, Segment 1 (Council District 6) Sponsors: Public Works Department APPROVED The above item was approved on the Consent Calendar. 1-B ID#15-227 Approve the Automatic Aid agreement between the City of Fresno and the City of Clovis Sponsors: Fire Department APPROVED The above item was approved on the Consent Calendar. 1-C ID#15-241 RESOLUTION - Approve the filing of a Sustainable Agricultural Lands Conservation Program grant application to develop a Farmland Preservation Program and authorize the Director of the Development and Resource Management or designee to accept a grant award up to $100,000 and conduct all negotiations and execute and submit all related documents, contracts, agreements, and amendments which may be necessary for the development of the program Sponsors: Development and Resource Management Department The above item was moved to the Contested Consent Calendar for further discussion. 1-D ID#15-243 RESOLUTION - Approving the summary vacation of portions of N. Bryan Avenue, W. Sierra Avenue, and approximately 1681 feet of N. Weber, all lying southwest of N. Riverside Drive Sponsors: Public Works Department RESOLUTION 2015-50 ADOPTED The above item was adopted on the Consent Calendar. City of Fresno ***Subject to Mayoral Veto Page 5 City Council Meeting Minutes - Final April 9, 2015 1-E ID#15-245 RESOLUTION - Authorizing the execution of certifications and assurances and the annual filing of applications for acceptance of and execution of all document and instruments related to the State of California Low Carbon Transit Operations Program Sponsors: Department of Public Transportation (FAX) The above item was moved to the Contested Consent Calendar for further discussion. 1-F ID#15-251 Actions pertaining to the West Avenue Intelligent Transportation System (“ITS”) Wireless Traffic Signals Synchronization Project from McKinley Avenue to Herndon Avenue - Bid File 3345 (Council Districts 1, 2 and Fresno County) 1. Adopt a finding of Categorical Exemption per staff determination, pursuant to Section 15301(c) of the CEQA Guidelines for the West Avenue ITS Wireless Project from McKinley Avenue to Herndon Avenue 2. Award a construction contract to Crosstown Electrical and Data, Inc. of Irwindale, California in the amount of $296,475 for the West Avenue ITS Wireless Project from McKinley Avenue to Herndon Avenue Sponsors: Public Works Department APPROVED The above item was approved on the Consent Calendar. 1-G ID#15-255 Actions pertaining to awarding contract for well rehabilitation: 1. Adopt finding of a Categorical Exemption per staff determination pursuant to Section 15301 of the California Environmental Quality Act Guidelines, and 2. Award a contract in the amount of $237,680 to Zim Industries, Incorporated, to furnish and install 14-inch Ful-Flow liner and Gravel Pack to rehabilitate the potable water well at Pump Station 244 - Bid File 3360 (Council District 2) Sponsors: Department of Public Utilities APPROVED The above item was approved on the Consent Calendar. City of Fresno ***Subject to Mayoral Veto Page 6 City Council Meeting Minutes - Final April 9, 2015 1-H ID#15-257 1.Adopt finding of a Categorical Exemption pursuant to CEQA Guidelines, Section 15312, for the sale of a small abandoned water well parcel known as 4881 E. Brown Avenue, APN 494-101-14T, to the adjacent property owner, Andrew Romanov (located in Fresno County) 2.Authorize the City Manager or his designee to execute an Agreement for Purchase and Sale of Real Property and complete the sale of excess land at 4881 E. Brown Avenue, APN 494-101-14T to the adjacent property owner, Andrew Romanov (located in Fresno County) Sponsors: Public Works Department APPROVED The above item was approved on the Consent Calendar. 1-I ID#15-260 RESOLUTION - Rescinding and replacing Resolution No. 2009-80 regarding City policy on the distribution and use of the tickets and skybox for the Multipurpose Stadium (Chukchansi Park) Sponsors: Public Works Department RESOLUTION 2015-51 ADOPTED The above item was adopted on the Consent Calendar. 1-J ID#15-262 Award a contract in the amount of $144,001 to Transportation Management & Design, Inc. (“TMD”) for fixed-route scheduling and training services - Bid File No. 022814JD Sponsors: Department of Public Transportation (FAX) APPROVED The above item was approved on the Consent Calendar. 1-K ID#15-264 RESOLUTION - Identifying the terms and conditions for Fire Department response away from their official duty station and assigned to an emergency incident Sponsors: Fire Department RESOLUTION 2015-52 ADOPTED The above item was adopted on the Consent Calendar. City of Fresno ***Subject to Mayoral Veto Page 7 City Council Meeting Minutes - Final April 9, 2015 1-L ID#15-266 ***BILL NO. B-7- (Intro. 3/26/15) (For adoption) - Amending Sections 12-216.3-B, 12-325-D-2-B, and 12-306-N-37 of the Fresno Municipal Code to allow the use of a family restaurant, game and entertainment center within a mixed use development with a minimum of 20 acres that is zoned C-P Sponsors: Development and Resource Management Department ORDINANCE 2015-6 ADOPTED The above item was adopted on the Consent Calendar. 1-M ID#15-267 ***BILL NO. B-8- (Intro. 3/26/15) (For adoption) - Amending Section 12-2103 by amending Subsection (c) and adding Subsection (g), amending Section 12-2104 and adding Sections 12-2104.1 and 12-2108 to the Fresno Municipal Code relating to medical marijuana cultivation - Council Subcommittee on medical marijuana - Council President Baines, Councilmember Olivier and former Councilmember Xiong Sponsors: City Councilmember Baines and City Councilmember Olivier The above item was moved to the Contested Consent Calendar for further discussion. CONTESTED CONSENT CALENDAR 1-C ID#15-241 RESOLUTION - Approve the filing of a Sustainable Agricultural Lands Conservation Program grant application to develop a Farmland Preservation Program and authorize the Director of the Development and Resource Management or designee to accept a grant award up to $100,000 and conduct all negotiations and execute and submit all related documents, contracts, agreements, and amendments which may be necessary for the development of the program Sponsors: Development and Resource Management Department The above item was introduced to Council by Councilmember Brandau. Development and Resources Management ("DARM") Director Clark and DARM Planner Lauderdale answered questions. The following member(s) of the public spoke on this item: Mike Prandini of the California Building Industry Association, Jeff Roberts of Granville Homes and Michael Green. City of Fresno ***Subject to Mayoral Veto Page 8 City Council Meeting Minutes - Final April 9, 2015 Councilmember Soria called Daniel O’Connell of the American Farmland Trust to speak. Councilmember Brandau motioned to reject the staff recommendation and direct staff to schedule a workshop on the matter. Councilmember Olivier Seconded the motion. STAFF RECOMMENDATION REJECTED AND STAFF DIRECTED TO BRING A WORKSHOP TO COUNCIL On motion of Councilmember Brandau, seconded by Councilmember Olivier, the above item was REJECTED and staff was directed to bring a workshop back to Council. The motion carried by the following vote: Aye: 4 - Caprioglio, Brand, Brandau and Olivier No: 3 - Baines, Quintero and Soria 1-E ID#15-245 RESOLUTION - Authorizing the execution of certifications and assurances and the annual filing of applications for acceptance of and execution of all document and instruments related to the State of California Low Carbon Transit Operations Program Sponsors: Department of Public Transportation (FAX) Transportation Director Marshall introduced the above item to Council. City Manager Rudd answered additional questions. RESOLUTION 2015-53 ADOPTED On motion of Councilmember Quintero, 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 1-M ID#15-267 ***BILL NO. B-8- (Intro. 3/26/15) (For adoption) - Amending Section 12-2103 by amending Subsection (c) and adding Subsection (g), amending Section 12-2104 and adding Sections 12-2104.1 and 12-2108 to the Fresno Municipal Code relating to medical marijuana cultivation - Council Subcommittee on medical marijuana - Council President Baines, Councilmember Olivier and former Councilmember Xiong Sponsors: City Councilmember Baines and City Councilmember Olivier City of Fresno ***Subject to Mayoral Veto Page 9 City Council Meeting Minutes - Final April 9, 2015 President Baines introduced the above item to Council. President Baines motioned to approved the item with direction for the sub-committee to attempt discussions with Fresno County to reconcile the City and County medical marijuana ordinances. Councilmember Olivier seconded the motion. The following member(s) of the public spoke on this item: Susan Juvet, Shannon Loose, Diana Kirby, Joan Byrd, Michael Green, Brian Sumner, Rick Morse, Christopher Abrams and Martha Kolstad. FAILED President Baines motioned to approve the above item with direction to the sub-committee to attempt a reconciliation with the County of Fresno regarding the City and County Medical Marijuana ordinances. Councilmember Olivier seconded the motion. The motion FAILED by the following vote: Aye: 3 - Baines, Olivier and Soria No: 4 - Caprioglio, Brand, Brandau and Quintero 5. SCHEDULED COUNCIL HEARINGS AND MATTERS 10:00 A.M. ID#15-246 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) 1. RESOLUTION - Annexing Territory to Community Facilities District No. 11 and Authorizing the Levy of a Special Tax 2. RESOLUTION - Calling Special Mailed-Ballot Election 3. RESOLUTION - Declaring Election Results 4. *** BILL - (For introduction and adoption) - Levying a Special Tax for the Property Tax Year 2014-2015 and Future Tax Years Within and Relating to Community Facilities District No. 9, Annexation No. 7, Final Parcel Map No. 2014-05 Sponsors: Public Works Department The above item was introduced to Council by Public Works Assistant Director Benelli City of Fresno ***Subject to Mayoral Veto Page 10 City Council Meeting Minutes - Final April 9, 2015 RESOLUTION 2015-54 ADOPTED RESOLUTION 2015-55 ADOPTED RESOLUTION 2015-56 ADOPTED BILL B-10 INTRODUCED AND ADOPTED AS ORDINANCE 2015-7 On motion of President Baines, seconded by Councilmember Olivier, the above item was adopted. The motion carried by the following vote: Aye: 7 - Baines, Caprioglio, Brand, Brandau, Olivier, Quintero and Soria 10:30 A.M. SCHEDULED COMMUNICATION ID#15-268 Appearance by Doug Richert, Co-Chair of the Downtown Fresno Coalition, to discuss the Fulton Mall Reconstruction Project APPEARED ID#15-275 Appearance by Rick Morse to discuss medical marijuana APPEARED 2. GENERAL ADMINISTRATION Councilmembers Brandau and Olivier exited the Council Chamber at 11:42 A.M. and each returned at 11:47 A.M. 2-A ID#15-034 RESOLUTION - Authorizing the submission of two (2) new grant applications to the Fresno Council of Governments for 2013 Lifeline Congestion Mitigation and Air Quality Improvement Program (“CMAQ”) and authorizing the execution of all application related documents by the Public Works Director or designee Sponsors: Public Works Department Public Works Director Mozier introduced the above item to Council. Councilmember Soria requested the Public Works Department consult with her office regarding the possiblity of future Lifeline trails in District One. RESOLUTION 2015-57 ADOPTED City of Fresno ***Subject to Mayoral Veto Page 11 City Council Meeting Minutes - Final April 9, 2015 On motion of Vice President Caprioglio, seconded by Councilmember Soria, the above item was adopted. The motion carried by the following vote: Aye: 5 - Baines, Caprioglio, Brand, Quintero and Soria Absent: 2 - Brandau and Olivier 2-B ID#15-248 Approve a first amendment to agreement with BKF Engineers in the amount of $76,600 to provide professional engineering services for the evaluation of Class IV bicycle facilities between Downtown Fresno and the Tower District and the preparation of a feasibility study for a Class I bicycle trail along the Herndon Canal and Mill Ditch canal banks and to authorize the Public Works Director or designee to sign and execute the standardized agreement on behalf of the City (Council District 1, 3 ,4 and 7) Sponsors: Public Works Department The above item was introduced to Council by Public Works Assistant Director Andersen. Public Works Director Mozier and City Manager Rudd answered additional questions. APPROVED On motion of Councilmember Soria, seconded by President Baines, the above item was approved. The motion carried by the following vote: Aye: 7 - Baines, Caprioglio, Brand, Brandau, Olivier, Quintero and Soria 2-C ID#15-249 1.*** Adopt a Memorandum of Understanding (“MOU”) between the City of Fresno (“City”) and the Amalgamated Transit Union, Local 1027 (“ATU”) - Unit 6 (Bus Drivers), covering the period April 6, 2015 through June 30, 2017 2.*** RESOLUTION - 3rd amendment to Salary Resolution No. 2014-108 amending salaries in Exhibit 6, Bus Drivers (ATU) Sponsors: Personnel Services Department The above item was introduced to Council by Personnel Department Labor Relations Manager Phillips. Personnel Director Cardell and Transportation Director Marshall answered additional questions. The following member(s) of the public spoke on this item: Rick Steitz of City of Fresno ***Subject to Mayoral Veto Page 12 City Council Meeting Minutes - Final April 9, 2015 Amalgamated Transit Union Local 1027 and Martha Kolstad. RESOLUTION 2015-58 ADOPTED On motion of Councilmember Brand, seconded by Councilmember Soria, the above item was adopted. The motion carried by the following vote: Aye: 6 - Baines, Caprioglio, Brand, Olivier, Quintero and Soria No: 1 - Brandau Recessed 12:06 P.M. to 1:30 P.M. 4. CLOSED SESSION The City Council met in closed session in Room 2125 from 1:30 P.M. to 3:00 P.M. to discuss the following: ID#15-271 CONFERENCE WITH LEGAL COUNSEL - DECIDING WHETHER TO INITIATE LITIGATION Government Code Section 54956.9, Subdivision (d)(4) 1. State of California, et al. v. BP America Production Company, et al.S.F. Superior Court Case No. CGC-12-522063 The above item was discussed in closed session. No open session announcement was made regarding this item. ID#15-276 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Government Code Section 54956.9(d)(4) Significant Exposure to Litigation: 1. City of Fresno v. PulteGroup, Inc. The above item was discussed in closed session. No open session announcement was made regarding this item. ID#15-283 CONFERENCE WITH LEGAL COUNSEL - DECIDING WHETHER TO INITIATE LITIGATION, Government Code Section 54956.9(c): 1. City of Fresno v. U.S. Department of Interior, Bureau of Reclamation The above item was discussed in closed session. No open session announcement was made regarding this item. Recessed 3:00 P.M. to 3:16 P.M. City of Fresno ***Subject to Mayoral Veto Page 13 City Council Meeting Minutes - Final April 9, 2015 2-D ID#15-250 Actions pertaining to the Friant-Nees-Palm Intelligent Transportation System (“ITS”) Traffic Signals Synchronization Project from Fresno Street to south of Herndon Avenue - Bid File 3370 (Council Districts 2 and 6) 1. Adopt a finding of Categorical Exemption per staff determination, pursuant to Section 15301(c) of the CEQA Guidelines for the Friant-Nees-Palm ITS Project from Fresno Street to south of Herndon Avenue 2. Award a Construction Contract with Kertel Communications, Inc. dba Sebastian of Fresno, California in the amount of $928,798 for the base bid and add alternates 1 and 2 for the Friant-Nees-Palm ITS Project from Fresno Street to south of Herndon Avenue Sponsors: Public Works Department The above item was introduced to Council by Public Works Supervising Professional Engineer Goonawardena. APPROVED On motion of Councilmember Brandau, seconded by President Baines, the above item was approved. The motion carried by the following vote: Aye: 7 - Baines, Caprioglio, Brand, Brandau, Olivier, Quintero and Soria 2-E ID#15-252 Approve the substantive terms of a recommended Third Amendment to the Agreement with Orange Avenue Disposal Company, Inc. (“OAD”) dated February 25, 2004 (“2004 Agreement”), for a Transfer Station Surcharge of $4.73 per ton for transfer station operations and hauling of the City’s municipal solid waste. Sponsors: Department of Public Utilities The above item was introduced to Council by Public Utilities Director Esqueda. The following member(s) of the public spoke on this item: Mike Tucker of Republic Services, Anna Borgeas of the Fresno Chamber of Commerce and Richard Caglia of Orange Avenue Disposal Company. John Hutson was not present when called. City of Fresno ***Subject to Mayoral Veto Page 14 City Council Meeting Minutes - Final April 9, 2015 APPROVED On motion of Councilmember Quintero, seconded by President Baines, the above item was approved. The motion carried by the following vote: Aye: 7 - Baines, Caprioglio, Brand, Brandau, Olivier, Quintero and Soria Councilmember Brand exited the Council Chamber at 4:03 P.M. and returned at 4:06 P.M. 2-F ID#15-254 RESOLUTION - Adopt Substantial Amendment No. 2015-004 to the FY 2014-2015 Annual Action Plan authorizing $200,000 of HOME Investment Partnerships Community Housing Development Organization (HOME-CHDO) funds to Habitat for Humanity Fresno County, Inc., for the Lotus Avenue/Effie Street single-family housing project and authorize the City Manager to sign all implementing documents as required by HUD and approved as to form by the City Attorney Sponsors: Development and Resource Management Department The above item was introduced to Council by Development and Resources Management Housing Manager Trujillo. RESOLUTION 2015-59 ADOPTED On motion of Councilmember Olivier, seconded by President Baines, the above item was adopted. The motion carried by the following vote: Aye: 6 - Baines, Caprioglio, Brandau, Olivier, Quintero and Soria Absent: 1 - Brand President Baines exited the Council Chamber at 4:11 P.M. and returned at 4:13 P.M. 2-G ID#15-258 Actions pertaining to professional engineering services related to the Downtown Recycled Water Facility (Council District 3) 1. ***RESOLUTION - 45th amendment to the Annual Appropriation Resolution (AAR) No. 2014-95 to appropriate $3,138,600 for design and construction support services for the Downtown Recycled Water Facility (Requires 5 affirmative votes) City of Fresno ***Subject to Mayoral Veto Page 15 City Council Meeting Minutes - Final April 9, 2015 2. Award a Professional Services contract to Parsons Water and Infrastructure, Inc., a Delaware corporation, in the amount of $4,128,592 to provide design and construction support services Sponsors: Department of Public Utilities The above item was introduced to Council by Public Utilities Assistant Director Hogg. RESOLUTION 2015-60 ADOPTED On motion of Councilmember Brandau, seconded by Councilmember Soria, the above item was adopted. The motion carried by the following vote: Aye: 6 - Caprioglio, Brand, Brandau, Olivier, Quintero and Soria Absent: 1 - Baines 2-H ID#15-259 Actions pertaining to professional engineering services related to the East Central Recycled Water Facility (Council District 4) 1. ***RESOLUTION - 44th amendment to the Annual Appropriation Resolution (AAR) No. 2014-95 to appropriate $2,619,900 for design and construction support services for the East Central Recycled Water Facility (Requires 5 affirmative votes) 2. Award a Professional Services contract to Carollo Engineering, Inc., a Delaware corporation, in the amount of $4,609,874 to provide design and construction support services Sponsors: Department of Public Utilities The above item was introduced to Council by Public Utilities Assistant Director Hogg. RESOLUTION 2015-61 ADOPTED On motion of Vice President Caprioglio, seconded by Councilmember Brandau, the above item was adopted. The motion carried by the following vote: Aye: 7 - Baines, Caprioglio, Brand, Brandau, Olivier, Quintero and Soria Councilmember Brandau exited the Council Chamber at 4:26 P.M. City of Fresno ***Subject to Mayoral Veto Page 16 City Council Meeting Minutes - Final April 9, 2015 2-I ID#15-281 Approve the First Amendment to Amended and Restated Stadium Sublease Agreement The above item was introduced to Council by Assistant City Manager Smith. City Manager Rudd and City Attorney Sloan answered additional questions. Councilmember Brand directed staff to consider the following suggested amendments to this item: a contract amendment to require the APES fees be placed in an escrow account to guarantee that it will end up paid to the City instead of spent on something else; regarding money owed to the City, make it a goal to reconcile by the end of calendar year 2015 by having the payments due by December 31, 2015 instead of April 1, 2016; include an amendment that would allow the City to negotiating / explore possible sponsors / naming rights; have staff determine if it is a possiblity to refund the bond to reduce the 3.4 million dollars per year debt, and; have SMG help promote events at the stadium during the off season to help reduce debt. CONTINUED TO APRIL 30, 2015 On motion of President Baines, seconded by Councilmember Brand, the above item was CONTINUED to April 30, 2015. The motion carried by the following vote: Aye: 6 - Baines, Caprioglio, Brand, Olivier, Quintero and Soria Absent: 1 - Brandau 3. CITY COUNCIL ID#15-232 Council Boards and Commissions Communications, Reports, Assignments and/or Appointments, Reappointments, Removals to/from City and non-City Boards and Commissions: 1. Council of Governments - Swearengin-Ex-Officio (Olivier-Alternate) 2. Financial Audit Committee - Brand - Chair, Olivier and Brandau 3. Fresno Area Workforce Investment Corporation - Baines 4. Fresno County Transportation Authority (FCTA) - Swearengin, Brandau 5. Fresno Regional Workforce Investment Board - Baines, Renena Smith 6. Fresno County Zoo Authority - Swearengin (Baines-Alternate) City of Fresno ***Subject to Mayoral Veto Page 17 City Council Meeting Minutes - Final April 9, 2015 7. Fresno Madera Area Agency on Aging Board - Olivier 8. Joint Powers Financing Authority - Baines, Vacant, Swearengin 9. San Joaquin River Conservancy Board - Swearengin (Brandau-Alternate) 10. Association for the Beautification of Highway 99 - Baines 11. Upper Kings Basin Integrated Regional Water Management JPA - Brandau, Alternates - Soria, Georgeanne White and Thomas Esqueda 12. Economic Development Corporation Serving Fresno County - Brandau-Ex-Officio (Baines-Alternate) 13. Fresno/Clovis Convention & Visitors Bureau (CVB) - Amy Fuentes 14. League of California Cities (Annual Meeting) - Swearengin (Olivier-Alternate) 15. San Joaquin Valley Air Pollution Control District - Baines 16. Litigation Exposure Reduction Ad Hoc Committee - Brandau, Caprioglio 17. Convention Center Oversight Advisory Board - Baines, (Brand-Alternate), City Manager, SMG General Manager and one representative from each of SMG’s organizations 18. Transportation Committee - Baines, Olivier, Soria 19. Code Enforcement Sub-Committee - Baines, Olivier, Caprioglio and Mayor Swearengin Action Taken: Sponsors: City Councilmember Baines CONTINUED TO APRIL 30, 2015 On motion of President Baines, seconded by Councilmember Soria, the above item was CONTINUED to April 30, 2015. The motion carried by the following vote: Aye: 6 - Baines, Caprioglio, Brand, Olivier, Quintero and Soria Absent: 1 - Brandau ADJOURNMENT Adjourned in the memory of Tony Cantu at 4:34 P.M. City of Fresno ***Subject to Mayoral Veto Page 18 City Council Meeting Minutes - Final April 9, 2015 These minutes were approved by the following vote of the City Council during the April 30, 2015 Council meeting: Aye: 4 - Baines, Brandau, Quintero and Soria No: 0 - Absent: 3 - Brand, Caprioglio and Olivier City of Fresno ***Subject to Mayoral Veto Page 19