City Council
Regular MeetingFresno, CA · December 10, 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, December 10, 2015 8:30 AM Council Chambers
Regular Session
The City Council Met in regular session in the Council Chamber, City Hall, on the
date and time above written.
8:41 A.M. ROLL CALL
Present: 7 - President Oliver Baines III
Vice President Paul Caprioglio
Councilmember Lee Brand
Councilmember Steve Brandau
Councilmember Clinton Olivier
Councilmember Sal Quintero
Councilmember Esmeralda Soria
Invocation by Pastor Jim Mattix of the Northeast Assembly of God
Pledge of Allegiance to the Flag
CEREMONIAL PRESENTATIONS
ID#15-113 Presentation of a Resolution Honoring Grace’s Place
6
PRESENTED
ID#15-960 Appearance by Residents of the Golden Living Center to share
in their Christmas Caroloke Tour
Removed from agenda.
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ID#15-107 Presentation to the Sponsors of Make a Difference Day
6
PRESENTED
ID#15-110 Announcing the City of Fresno as being re-certified a
7 bronze-level Bicycle Friendly Community by the League of
American Bicyclists
PRESENTED
ID#15-113 Proclamation of “COMUNIDAD UNIDA, Informa, Opina,
4 Pregunta, Avisa! (559 area) DAY”
PRESENTED
Councilmember Brandau exited the Council Chamber at 9:22 A.M. and returned at 9:28
A.M.
Councilmember Brand exited the Council Chamber at 9:22 A.M. and returned at 9:31
A.M.
APPROVE MINUTES
ID#15-114 Approval of City Council minutes from November 30, 2015
0
On motion of Vice President Caprioglio, seconded by Councilmember
Soria, the above minutes were approved. The motion carried by the
following vote:
Aye: 5 - Baines III, Caprioglio, Olivier, Quintero and Soria
Absent: 2 - Brand and Brandau
COUNCILMEMBER REPORTS AND COMMENTS
Councilmember Quintero directed City Manager Rudd to provide a written
update regarding the city's code enforcement response to slumlords.
Councilmember Quintero warned that the rest of the city still had need for
code enforcement and he hoped the slumlord response would not
monopolize resources. City Manager Rudd replied that the administration
planned to use budget carry over dollars to backfill the two code officer
positions that would be assigned to the City Manager's Office. City Manager
Rudd noted that Council requests for code enforcement should be placed
through the FresnoGO application. City Manager Rudd also explained that
the task force would assess and focus on the top slumlords and mentioned
that funds had been set aside for possible relocation of tenants.
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Councilmember Soria thanked the administration for taking immediate action
regarding substandard housing and said she was encouraged by the
proposed actions. She reported that she and Vice President Caprioglio
would come forward with solutions to address the situation in the long term.
Councilmember Soria also expressed her interest in hiring additional code
enforcement staff during the mid year budget review and to make plans for
incremental increases.
Councilmember Soria reported on her annual holiday toy drive to benefit
Heaton Elementary in the Tower District. She thanked those that attended
her toy drive event the previous night and said the drive was expect to help
740 children have a happy holiday. The drive was scheduled to continue
through Tuesday, December 15, 2015 and the distribution would occur at
Heaton Elementary on Wednesday December 16, 2015. Councilmember
Soria thanked the Tower District Businesses that helped with the drive,
including: Ampersand Ice Cream, Casa De Tamales, Sequoia Brewing
Company, Goldstein's and Gazebo Gardens.
Councilmember Brandau asked City Manager Rudd if the new code
enforcement team would address blight in the form of shopping carts from
vagrants in shopping areas - he noted the carts were often stacked five or
six feet high with "stuff". In response, City Manager Rudd said there would
be funding in the mid year carry over to address that issue. Mr. Rudd also
stated the task force would make an impact on substandard housing and
help revamp code to help it be more proactive.
Vice President Caprioglio thanked Aviation Director Miekle and his staff for
creating the Gingerbread Winter Wonderland at Fresno Yosemite
International Airport. The Wonderland included the Leaning Tower of Pisa,
the Roman Forum, the Eiffle Tower and other landmarks replicated in
gingerbread and standing three feet tall. Vice President Caprioglio thanked
the Institute of Technology and it's Director, Tim Vogeley. He also thanked
Master Pastry Chef Willem Bezemer and his students. Vice President
Caprioglio also said there were nine or ten beautifully decorated trees at the
airport, including a military tree that honored all veterans and their service to
the country. He encouraged all to visit the airport to view the trees and
Gingerbread Winter Wonderland.
Vice President Caprioglio thanked Dr. Castro and his wife Mary for the
reception at their home celebrating the Christmas spirit.
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Vice President Caprioglio reported that he attended the 74th Pearl Harbor
Remembrance Day celebration. He sat next to 95 year old Elmer Wright
who was on a battleship in Pearl Harbor when the attack occurred. Vice
President Caprioglio stated the day that would live in infamy must never be
forgotten.
Vice President Caprioglio also reported that the Hmong Story Forty would be
opening on December 12 from 10:00 A.M. to 7:00 P.M. and would be free
until January 2, 2016. He explained that the Hmong Story Forty told the
story of the Hmong contribution to our community and to our country and
said it was something everyone must see.
Councilmember Olivier exited the Council Chamber at 9:38 A.M. and returned at 9:44
A.M.
APPROVE AGENDA
City Clerk Spence announced the residents of the Golden Living Center
were unable to attend the meeting so the Ceremonial item, Christmas
Caroloke Tour (File ID# 15-960), was removed from the agenda.
APPROVED AS AMENDED
On motion of Vice President Caprioglio, seconded by Councilmember
Soria, the AGENDA was adopted as amended. The motion carried by
the following vote:
Aye: 6 - Baines III, Caprioglio, Brand, Brandau, Quintero and Soria
Absent: 1 - Olivier
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1. CONSENT CALENDAR
Councilmember Brand moved Consent Calendar item 1-G (File ID#
15-1115) to the Contested Consent Calendar for further discussion.
The following member(s) of the public addressed Council regarding items on
the Consent Calendar: Barbara Hunt.
APPROVAL OF THE CONSENT CALENDAR
On motion of Vice President Caprioglio, seconded by Councilmember
Quintero, the CONSENT CALENDAR was hereby adopted by the
following vote:
Aye: 7 - Baines III, Caprioglio, Brand, Brandau, Olivier, Quintero and
Soria
1-A ID#15-105 Approve the acquisition of 32,948 square feet of easement on
4 property owned by Orange Avenue Disposal Company, Inc., a
California corporation in the amount of $65,900 (APN
330-021-09) for the construction of new sanitary sewer lines
within East Avenue, Orange Avenue, Cedar Avenue, Malaga
Avenue and Central Avenue. (Council District 3)
APPROVED
The above item was approved on the Consent Calendar.
1-B ID#15-107 RESOLUTION - Authorizing the First Amendment to the
7 Equipment Lease-Purchase Agreement with Community First
National Bank, as Lessor, for the acquisition, purchase,
financing and leasing of certain equipment for the Fresno Fire
Department for Fiscal Years 2016 and 2017; authorizing the
execution and delivery of documents required in connection
therewith; and authorizing all other actions necessary to the
consummation of the transactions contemplated by this
resolution
RESOLUTION 2015-228 ADOPTED
The above item was approved on the Consent Calendar.
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1-C ID#15-109 Authorize staff to request an extension of time for the unspent
8 grant funds for the Temperance and North Avenue Official Plan
Lines
APPROVED
The above item was approved on the Consent Calendar.
1-D ID#15-947 Annual review and acceptance of the Fiscal Year 2015 Impact
Fee Annual Report (the “Annual Audited Financial Report”) as
required by California Government Code
ACCEPTED
The above item was approved on the Consent Calendar.
1-E ID#15-110 Approve the 2016 City Council Meeting Schedule
9
APPROVED
The above item was approved on the Consent Calendar.
1-F ID#15-108 Award a contract to Ray Morgan Company in the amount of
4 $319,494, per year to provide copier leasing services for three
(3) years with an option to renew for an additional two (2) years.
APPROVED
The above item was approved on the Consent Calendar.
1-G ID#15-111 Approve First Amendment to Sales Manager Position
5 Agreement between the City of Fresno (“City”), the
Fresno/Clovis Convention & Visitors Bureau (“FCCVB”), and
SMG (“SMG”).
Councilmember Brand moved the above item to the Contested Consent
Calendar for further discussion.
1-H ID#15-111 ***BILL NO. B-44 - (Intro. 12/3/2015) (For adoption) - Amending
6 Subsection (f) to Section 1-304 of the Fresno Municipal Code
relating to Code violations, also known as "Ben's Bill" in honor of
Benjamin Rash, former Code Enforcement staff member who
worked on this matter until his passing.
ORDINANCE 2015-40 ADOPTED
The above item was approved on the Consent Calendar.
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CONTESTED CONSENT CALENDAR
1-G ID#15-111 Approve First Amendment to Sales Manager Position
5 Agreement between the City of Fresno (“City”), the
Fresno/Clovis Convention & Visitors Bureau (“FCCVB”), and
SMG (“SMG”).
SMG General Manager Overfelt introduced the above item to Council.
Fresno/Clovis Convention and Visitors Bureau President Forstedt and City
Manager Rudd also addressed Council.
APPROVED
On motion of Councilmember Brand, seconded by Councilmember
Olivier, the above item was approved. The motion carried by the
following vote:
Aye: 7 - Baines III, Caprioglio, Brand, Brandau, Olivier, Quintero and
Soria
2. GENERAL ADMINISTRATION
2-A ID#15-104 Award a contract for an amount not to exceed $230,833 to West
2 Monroe Partners for Consulting Services for the Department of
Public Utilities, Utility Billing & Collection (RFP No. 072915).
The above item was introduced to Council by PUD Director Esqueda.
The following member(s) of the public spoke on this item: Barbara Hunt.
Councilmember Soria directed staff to list all bids in future staff reports.
Councilmember Brand directed staff and the City Manager to explore the
possiblity of consolidating this type of service with other departments,
sometime in the future.
APPROVED
On motion of Councilmember Brandau, seconded by Councilmember
Brand, the above item was approved. The motion carried by the
following vote:
Aye: 7 - Baines III, Caprioglio, Brand, Brandau, Olivier, Quintero and
Soria
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5. SCHEDULED COUNCIL HEARINGS AND MATTERS
10:00 A.M.#1
ID#15-106 HEARING to adopt resolutions and ordinance to annex territory
2 and levy a special tax regarding City of Fresno Community
District No. 11, Annexation No. 64 (Final Tract Map No. 5571)
(east side of North Armstrong Avenue between East Dakota and
Shields Avenues) (Council District 4)
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. 11,
Annexation No. 64, Final Tract Map No. 5571
The above hearing was called to order at 10:04 A.M. Public Works
Assistant Director Benelli introduced this item to Council.
The following member(s) of the public addressed Council regarding this
item:
Barbara Hunt - opposed the item because LaFCO was an illegal entity.
Mike Parr of Lennar Homes - supported the annexation.
The above hearing was closed at 10:08 A.M.
RESOLUTION 2015-229 ADOPTED
RESOLUTION 2015-230 ADOPTED
RESOLUTION 2015-231 ADOPTED
BILL B-45 INTRODUCED AND ADOPTED AS
ORDINANCE 2015-41
On motion of Vice President Caprioglio, seconded by Councilmember
Soria, the above item was approved. The motion carried by the
following vote:
Aye: 7 - Baines III, Caprioglio, Brand, Brandau, Olivier, Quintero and
Soria
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10:00 A.M.#2
ID#15-107 RESOLUTION - Approving the Final Map of Tract No. 5571 and
8 accepting dedicated public uses offered therein -east side of N.
Armstrong Avenue between E. Dakota Avenue and E. Shields
Avenue (Council District 4)
The above item was introduced to Council by Public Works Supervising
Engineering Technician, Bartel.
The following member(s) of the public addressed Council regarding this
item: Mike Parr of Lennar Homes and Barbara Hunt.
RESOLUTION 2015-232 ADOPTED
On motion of Vice President Caprioglio, seconded by Councilmember
Brandau, the above item was approved . The motion carried by the
following vote:
Aye: 7 - Baines III, Caprioglio, Brand, Brandau, Olivier, Quintero and
Soria
2. GENERAL ADMINISTRATION CONTINUED
2-B ID#15-104 ***RESOLUTION - 525th amendment to the Master Fee
8 Schedule (MFS) Resolution No. 80-420 addressing fee changes
and annual routine revisions to various City departments
The above item was introduced to Council by Finance Department Budget
Manager Sumpter.
The following member(s) of the public spoke on this item: Barbara Hunt.
RESOLUTION 2015-233 ADOPTED
On motion of President Baines III, seconded by Councilmember Brand,
the above item was approved. The motion carried by the following
vote:
Aye: 6 - Baines III, Caprioglio, Brand, Olivier, Quintero and Soria
No: 1 - Brandau
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2-C ID#15-107 ***RESOLUTION - Authorizing City’s Parks, After School,
9 Recreation and Community Services (PARCS) Department to
administratively update the Master Fee Schedule fees annually
for Camp Fresno and Camp Fresno Jr. to reflect the twelve
month percentage change in the U.S. Bureau of Labor Statistics
Consumer Price Index.
The above item was introduced to Council by Parks, After School,
Recreation and Community Services ("PARCS") Director Mollinedo. City
Manager Rudd also spoke on this item.
The following member(s) of the public spoke on this item: Barbara Hunt.
RESOLUTION 2015-234 ADOPTED
On motion of Councilmember Brand, seconded by President Baines III,
the above item was approved. The motion carried by the following
vote:
Aye: 7 - Baines III, Caprioglio, Brand, Brandau, Olivier, Quintero and
Soria
5. SCHEDULED COUNCIL HEARINGS AND MATTERS
CONTINUED
10:15 A.M.
ID#15-106 HEARING to adopt resolutions and ordinance to annex territory
3 and levy a special tax regarding City of Fresno Community
District No. 9, Annexation No. 9 (Site Plan Review Application
no. 2015-064, Assessor’s Parcel Number 567-030-7S)
(Southeast corner of East Champlain and North Hickory Hill
Drives) (Council District 6)
1. RESOLUTION - Annexing Territory to Community Facilities
District No. 9 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 2015-2016 and Future Tax Years
Within and Relating to Community Facilities District No. 9,
Annexation No. 9, Assessor’s Parcel Number 567-030-7S
The above hearing was called to order at 10:23 A.M. Public Works
Assistant Director Benelli introduced the item to Council.
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The following member(s) of the public spoke on this item:
Barbara Hunt - spoke in support.
The above hearing was closed at 10:25 A.M.
RESO 2015-235 ADOPTED
RESO 2015-236 ADOPTED
RESO 2015-237 ADOPTED
BILL B-46 INTRODUCED AND ADOPTED AS
ORDINANCE 2015-42
On motion of Councilmember Brand, seconded by Vice President
Caprioglio, the above item was approved. The motion carried by the
following vote:
Aye: 7 - Baines III, Caprioglio, Brand, Brandau, Olivier, Quintero and
Soria
2. GENERAL ADMINISTRATION CONTINUED
2-D ID#15-109 RESOLUTION - Authorizing the submission of applications for
3 grant funds from the Fresno Council of Governments (COG)
2015/16 Congestion Mitigation and Air Quality (CMAQ)
improvement program and the Regional Surface Transportation
Program (RSTP) “Call for Projects” and authorizing the
execution of all application related documents by the Public
Works Director and the Transportation Director or their
designees (Citywide)
The above item was introduced to Council by Public Works Director Mozier.
The following member(s) of the public spoke on this item: Barbara Hunt.
RESOLUTION 2015-238 ADOPTED
On motion of Councilmember Brand, seconded by Vice President
Caprioglio, the above item was approved. The motion carried by the
following vote:
Aye: 7 - Baines III, Caprioglio, Brand, Brandau, Olivier, Quintero and
Soria
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5. SCHEDULED COUNCIL HEARINGS AND MATTERS
CONTINUED
10:30 A.M.
ID#15-107 TEFRA Hearing as required by Section 147(f) of the Internal
0 Revenue Code of 1986, as amended, to hear and consider
information concerning the proposed plan of finance providing
for the issuance of Health Facility Revenue Bonds in an
aggregate principal amount not to exceed $1,100,000,000 by
the Michigan Finance Authority to (i) refinance the costs of
acquisition, construction, furnishing and equipping of certain
health care facilities owned and operated by Saint Agnes
Medical Center (or an affiliate thereof) and (ii) pay certain
expenses incurred in connection with the issuance of the bonds.
1. ***RESOLUTION - Approving the issuance of the Michigan
Finance Authority revenue bonds
(CHE Trinity Health Credit Group), in one or more series, for the
purpose of refinancing the costs of acquisition, construction,
improvement and equipping of health care facilities owned and
operated by Saint Agnes Medical Center (or an affiliate thereof)
in an aggregate principal amount not to exceed $25,000,000
and certain other matters relating thereto.
The above hearing was called to order at 10:42 A.M. The above item was
introduced to Council by Finance Director Lima.
Upon call, no member of the public choose to address Council regarding this
item.
The above hearing was closed at 10:44 A.M.
RESOLUTION 2015-239 ADOPTED
On motion of Councilmember Brand, seconded by Vice President
Caprioglio, the above item was approved. The motion carried by the
following vote:
Aye: 7 - Baines III, Caprioglio, Brand, Brandau, Olivier, Quintero and
Soria
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2. GENERAL ADMINISTRATION CONTINUED
2-E ID#15-110 WORKSHOP regarding the Evaluation of Naming Rights-
3 Fresno Convention & Entertainment Center
The above workshop was presented to Council by SMG General Manager,
Overfelt. City Manager Rudd also spoke on this item.
As announced by President Baines, it was the consensus of Council that Mr.
Overfelt should begin exploring firms that could assist with naming rights
and report back to Council.
WORKSHOP HELD
5. SCHEDULED COUNCIL HEARINGS AND MATTERS
CONTINUED
11:00 A.M.
ID#15-108 Actions pertaining to processing of green waste materials and
1 co-mingled recyclable materials (Citywide)
1. Negotiate and execute agreement(s) for co-mingled
recyclable material processing.
2. Negotiate and execute agreement(s) for green waste
material processing
3. Authorize Director of Public Utilities to execute the
agreement(s)
The above item was introduced to Council by Councilmember Brandau. City
Manager Rudd and Public Utilities Director Esqueda also spoke on this item.
The following member(s) of the public spoke on this item: Barbara Hunt and
Craig Schmidt of Mid Valley Disposal.
Councilmember Brandau motioned to approve the above item and President
Baines seconded the motion. Councilmember Soria proposed a friendly
amendment that if a final contract was negotiated and then a vendor
attempts to increase or decrease the price with the City at a later time, an
RFP would automatically be triggered for that vendor's segment of the
contract. Councilmember Soria's amendment was incorporated into the
original motion by agreement of Councilmember Brandau and President
Baines.
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APPROVED AS AMENDED
On motion of Councilmember Brandau, seconded by President Baines
III, the above item was approved as amended. The motion carried by
the following vote:
Aye: 5 - Baines III, Caprioglio, Brandau, Quintero and Soria
No: 2 - Brand and Olivier
3. CITY COUNCIL
3-D ID#15-113 RESOLUTION - Encouraging Congress and the President of the
5 United States to pass Comprehensive Immigration Reform -
President Baines introduced the above item to Council. Councilmember
Soria and Council District Three Chief of Staff Barfield also spoke on this
item.
The following member(s) of the public spoke on this item: Doctor Sudarshan
Kapoor of the Fresno Immigration Coalition; Willie Lopez of El Concilio de
Fresno; Crisante Valencia; Jesus Martinez of the Central Valley Immigrant
Division Collaborative and Barbara Hunt.
RESOLUTION 2015-240 ADOPTED
On motion of President Baines III, seconded by Councilmember Soria,
the above item was approved. The motion carried by the following
vote:
Aye: 7 - Baines III, Caprioglio, Brand, Brandau, Olivier, Quintero and
Soria
RECESSED 12:00 P.M. to 1:40 P.M.
5. SCHEDULED COUNCIL HEARINGS AND MATTERS
CONTINUED
1:30 P.M.
ID#15-955 WORKSHOP regarding Asset Management
The above workshop was presented to Council by City Manager Rudd,
Councilmember Brand and Assistant City Manager Smith.
While discussing Woodward Park, Councilmember Brand stated, for the
record, that the Shinzen Garden Board had approved the concept of a
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City Council Meeting Minutes - Final December 10, 2015
restaurant and events center at the yard next to the garden.
Councilmember Brandau directed the consultants, CBRE Management
Consulting, to set up a separate meeting with him.
Councilmember Brand directed the City Manager to come back to Council
with a timetable to start introducing asset management items the Council
could take action on.
WORKSHOP HELD
3. CITY COUNCIL CONTINUED
3-A ID#15-111 Council Boards and Commissions Communications, Reports,
3 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. Finance and Audit Committee - Brand, Olivier, 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)
7. Fresno Madera Area Agency on Aging Board - Olivier
8. Joint Powers Financing Authority - Baines, Brandau,
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 (Soria, Georgeanne White and
Thomas Esqueda - Alternates)
12. Economic Development Corporation Serving Fresno
County - Brandau-Ex-Officio, City Manager Bruce Rudd and
(Baines - Alternate)
13. Fresno/Clovis Convention & Visitors Bureau (CVB) -
Vacant
14. League of California Cities (Annual Meeting) - Swearengin
(Olivier-Alternate)
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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. Sub- Committee on Transportation - Baines, Caprioglio,
Soria
19. Code Enforcement Sub-Committee - Baines, Olivier, and
Caprioglio
Councilmember Brand stated he was not on the School Liaison Committee
but reported he made a presentation to Central Unified School District
thanks to Terry Cox. He noted that once he and President Baines make a
presentation to Fresno Unified School District, they will have met with all the
school districts in the City. Councilmember Brand expressed his excitement
for the future of the School Liaison Committee and recalled that the
committee members were Councilmember Soria, Vice President Caprioglio
and President Baines.
Councilmember Brandau reported on the Fresno County Transportation
Authority ("FCTA"). He noted the FCTA sent him to a transportation
convention approximately a month earlier. The focus of the convention was
driverless cars but he would have preferred the focus to have been fixing the
streets in Fresno and throughout California. As part of the convention, he
toured the Anaheim Regional Transportation Intermodal Center ("ARTIC")
that was finished last year at a cost of $185 million. He explained that
ARTIC was anticipated to serve 10,000 people a day but actually served
between 800 and 2,500 people a day, depending on the source. He stated
the project had been open six months and was already $2 million dollars
behind and the City of Anaheim would need to figure out how to pay for it.
He noted that ARTIC was the final leg of the High Speed Rail.
Councilmember Brand said he did not want Fresno to experience the same
kind of boondoggle.
Assistant City Manager Smith reported on the Fresno Regional Workforce
Investment Board ("FRWIB") meeting from the previous week. She stated
the meeting included an agenda item on relocating the FRWIB operations
from Manchester to a different site. The agenda item would have given the
Executive Board the authority to make the relocation decision. During the
meeting, Mrs. Smith explained, it became clear the entire board wanted to
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weigh in on the decision to relocate and a special meeting was called for
January 20, 2016.
Council President Baines reported on the Fresno County Zoo Authority and
noted the African exhibit was open and was a world class exhibit the City
should be proud of.
Council President Baines also reported that he would be the Chair of the
San Joaquin Valley Air Pollution Control District Board for the upcoming
year.
3-B ID#15-111 BILL - (For introduction) - Adopting an ordinance adding Article
9 4.14 to Chapter 12 of the Fresno Municipal Code relating to the
exemption of development impact fees for certain projects in
economically disadvantaged neighborhoods
Councilmembers Soria and Olivier introduced City Council items 3-B (File
ID#15-1119) and 3-C (File ID#15-1120) to Council simultaneously.
The following member(s) of the public discussed City Council items 3-B and
3-C: Barbara Hunt.
BILL B-47 INTRODUCED AND LAID OVER
On motion of Councilmember Soria, seconded by Councilmember
Olivier, the above item was approved. The motion carried by the
following vote:
Aye: 7 - Baines III, Caprioglio, Brand, Brandau, Olivier, Quintero and
Soria
3-C ID#15-112 BILL - (For introduction) - Adopting an ordinance adding Article
0 4.15 to Chapter 12 of the Fresno Municipal Code relating to the
exemption of development impact fees for the replacement or
reconstruction of existing commercial structures
Councilmembers Soria and Olivier introduced City Council items 3-B (File
ID#15-1119) and 3-C (File ID#15-1120) to Council simultaneously.
The following member(s) of the public discussed City Council items 3-B and
3-C: Barbara Hunt.
BILL B-48 INTRODUCED AND LAID OVER
On motion of Councilmember Soria, seconded by Councilmember
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City Council Meeting Minutes - Final December 10, 2015
Olivier, the above item was approved. The motion carried by the
following vote:
Aye: 7 - Baines III, Caprioglio, Brand, Brandau, Olivier, Quintero and
Soria
UNSCHEDULED COMMUNICATION
The following member(s) of the public addressed Council during
Unscheduled Communication:
Barbara Hunt - discussed money collected under Proposition 13 and
conflicts of interest created when the City Council also serves as the Board
of the Redevelopment Agency.
4. CLOSED SESSION
The City Council met in closed session in Room 2125 from 3:08 P.M. to 4:50
P.M. to discuss the following:
ID#15-108 PUBLIC EMPLOYEE PERFORMANCE EVALUATION -
3 Government Code Section 54957
Title: City Clerk
The above item was not discussed during closed session and was
rescheduled for the December 17, 2015 City Council Meeting.
ID#15-111 CONFERENCE WITH LABOR NEGOTIATOR - Government
4 Code Section 54957.6
City Negotiator(s): Council President Baines III
Unrepresented: City Clerk
The above item was not discussed during closed session and was
rescheduled for the December 17, 2015 City Council Meeting.
ID#15-113 PUBLIC EMPLOYEE PERFORMANCE EVALUATION -
9 Government Code Section 54957
Title: City Attorney
The above item was discussed during Closed Session. No open session
announcement was made regarding this item.
ID#15-113 CONFERENCE WITH LABOR NEGOTIATOR - Government
7 Code Section 54957.6
City Negotiator(s) Council President Baines III
Unrepresented: City Attorney
City of Fresno ***Subject to Mayoral Veto Page 18
City Council Meeting Minutes - Final December 10, 2015
The above item was discussed during Closed Session. No open session
announcement was made regarding this item.
ADJOURNMENT
Adjourned from Closed Session at 4:50 P.M.
These minutes were approved by unanimous vote of the Council during the
January 7, 2016 City Council meeting.
City of Fresno ***Subject to Mayoral Veto Page 19
Agenda
City of Fresno
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
Meeting Agenda - Final
Thursday, December 10, 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 December 10, 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 December 10, 2015
8:30 A.M. ROLL CALL
Invocation by Pastor Jim Mattix of the Northeast Assembly of God
Pledge of Allegiance to the Flag
CEREMONIAL PRESENTATIONS
ID#15-1136 Presentation of a Resolution Honoring Grace’s Place
Sponsors: Council President Baines III
ID#15-960 Appearance by Residents of the Golden Living Center to
share in their Christmas Caroloke Tour
Sponsors: Council President Baines III
ID#15-1076 Presentation to the Sponsors of Make a Difference Day
Sponsors: City Councilmember Brandau
ID#15-1107 Announcing the City of Fresno as being re-certified a
bronze-level Bicycle Friendly Community by the League of
American Bicyclists
Sponsors: Council President Baines III
ID#15-1134 Proclamation of “COMUNIDAD UNIDA, Informa, Opina,
Pregunta, Avisa! (559 area) DAY”
Sponsors: City Councilmember Olivier
APPROVE MINUTES
ID#15-1140 Approval of City Council minutes from November 30, 2015
COUNCILMEMBER REPORTS AND COMMENTS
APPROVE AGENDA
1. CONSENT CALENDAR
All Consent Calendar items are considered to be routine and will be treated as one
agenda item. The Consent Calendar will be enacted by one motion. Public
comment on the Consent Calendar is limited to three (3) minutes per speaker.
There will be no separate discussion of these items unless requested by a
Councilmember, in which event the item will be removed from the Consent
City of Fresno ***Subject to Mayoral Veto Page 3
City Council Meeting Agenda - Final December 10, 2015
Calendar and will be considered as time allows.
1-A ID#15-1054 Approve the acquisition of 32,948 square feet of easement
on property owned by Orange Avenue Disposal Company,
Inc., a California corporation in the amount of $65,900 (APN
330-021-09) for the construction of new sanitary sewer lines
within East Avenue, Orange Avenue, Cedar Avenue, Malaga
Avenue and Central Avenue. (Council District 3)
Sponsors: Public Works Department
1-B ID#15-1077 RESOLUTION - Authorizing the First Amendment to the
Equipment Lease-Purchase Agreement with Community
First National Bank, as Lessor, for the acquisition, purchase,
financing and leasing of certain equipment for the Fresno
Fire Department for Fiscal Years 2016 and 2017; authorizing
the execution and delivery of documents required in
connection therewith; and authorizing all other actions
necessary to the consummation of the transactions
contemplated by this resolution
Sponsors: Finance Department
1-C ID#15-1098 Authorize staff to request an extension of time for the
unspent grant funds for the Temperance and North Avenue
Official Plan Lines
Sponsors: Public Works Department
1-D ID#15-947 Annual review and acceptance of the Fiscal Year 2015
Impact Fee Annual Report (the “Annual Audited Financial
Report”) as required by California Government Code
Sponsors: Public Works Department
1-E ID#15-1109 Approve the 2016 City Council Meeting Schedule
Sponsors: City Clerk's Office
1-F ID#15-1084 Award a contract to Ray Morgan Company in the amount of
$319,494, per year to provide copier leasing services for
three (3) years with an option to renew for an additional two
(2) years.
Sponsors: Finance Department
1-G ID#15-1115 Approve First Amendment to Sales Manager Position
Agreement between the City of Fresno (“City”), the
City of Fresno ***Subject to Mayoral Veto Page 4
City Council Meeting Agenda - Final December 10, 2015
Fresno/Clovis Convention & Visitors Bureau (“FCCVB”), and
SMG (“SMG”).
Sponsors: City Manager's Office
1-H ID#15-1116 ***BILL NO. B-44 - (Intro. 12/3/2015) (For adoption) -
Amending Subsection (f) to Section 1-304 of the Fresno
Municipal Code relating to Code violations, also known as
"Ben's Bill" in honor of Benjamin Rash, former Code
Enforcement staff member who worked on this matter until
his passing.
Sponsors: Development and Resource Management Department
CONTESTED CONSENT CALENDAR
2. GENERAL ADMINISTRATION
2-A ID#15-1042 Award a contract for an amount not to exceed $230,833 to
West Monroe Partners for Consulting Services for the
Department of Public Utilities, Utility Billing & Collection (RFP
No. 072915).
Sponsors: Department of Public Utilities
2-B ID#15-1048 ***RESOLUTION - 525th amendment to the Master Fee
Schedule (MFS) Resolution No. 80-420 addressing fee
changes and annual routine revisions to various City
departments
Sponsors: Finance Department
2-C ID#15-1079 ***RESOLUTION - Authorizing City’s Parks, After School,
Recreation and Community Services (PARCS) Department
to administratively update the Master Fee Schedule fees
annually for Camp Fresno and Camp Fresno Jr. to reflect the
twelve month percentage change in the U.S. Bureau of
Labor Statistics Consumer Price Index.
Sponsors: Parks, After School and Recreation and Community Services
Department
2-D ID#15-1093 RESOLUTION - Authorizing the submission of applications
for grant funds from the Fresno Council of Governments
(COG) 2015/16 Congestion Mitigation and Air Quality
(CMAQ) improvement program and the Regional Surface
Transportation Program (RSTP) “Call for Projects” and
City of Fresno ***Subject to Mayoral Veto Page 5
City Council Meeting Agenda - Final December 10, 2015
authorizing the execution of all application related
documents by the Public Works Director and the
Transportation Director or their designees (Citywide)
Sponsors: Public Works Department and Department of Public
Transportation (FAX)
2-E ID#15-1103 WORKSHOP regarding the Evaluation of Naming Rights-
Fresno Convention & Entertainment Center
Sponsors: City Manager's Office
3. CITY COUNCIL
3-A ID#15-1113 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. Finance and Audit Committee - Brand, Olivier,
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)
7. Fresno Madera Area Agency on Aging Board - Olivier
8. Joint Powers Financing Authority - Baines, Brandau,
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 (Soria, Georgeanne White and
Thomas Esqueda - Alternates)
12. Economic Development Corporation Serving Fresno
County - Brandau-Ex-Officio, City Manager Bruce Rudd and
(Baines - Alternate)
13. Fresno/Clovis Convention & Visitors Bureau (CVB) -
City of Fresno ***Subject to Mayoral Veto Page 6
City Council Meeting Agenda - Final December 10, 2015
Vacant
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. Sub- Committee on Transportation - Baines,
Caprioglio, Soria
19. Code Enforcement Sub-Committee - Baines, Olivier,
and Caprioglio
Sponsors: Council President Baines III
3-B ID#15-1119 BILL - (For introduction) - Adopting an ordinance adding
Article 4.14 to Chapter 12 of the Fresno Municipal Code
relating to the exemption of development impact fees for
certain projects in economically disadvantaged
neighborhoods
Sponsors: City Councilmember Soria and City Councilmember Olivier
3-C ID#15-1120 BILL - (For introduction) - Adopting an ordinance adding
Article 4.15 to Chapter 12 of the Fresno Municipal Code
relating to the exemption of development impact fees for the
replacement or reconstruction of existing commercial
structures
Sponsors: City Councilmember Soria and City Councilmember Olivier
3-D ID#15-1135 RESOLUTION - Encouraging Congress and the President of
the United States to pass Comprehensive Immigration
Reform -
Sponsors: Council President Baines III and City Councilmember Soria
4. CLOSED SESSION
ID#15-1083 PUBLIC EMPLOYEE PERFORMANCE EVALUATION -
Government Code Section 54957
Title: City Clerk
City of Fresno ***Subject to Mayoral Veto Page 7
City Council Meeting Agenda - Final December 10, 2015
Sponsors: Council President Baines III
ID#15-1114 CONFERENCE WITH LABOR NEGOTIATOR - Government
Code Section 54957.6
City Negotiator(s): Council President Baines III
Unrepresented: City Clerk
Sponsors: Council President Baines III
ID#15-1139 PUBLIC EMPLOYEE PERFORMANCE EVALUATION -
Government Code Section 54957
Title: City Attorney
Sponsors: Council President Baines III
ID#15-1137 CONFERENCE WITH LABOR NEGOTIATOR - Government
Code Section 54957.6
City Negotiator(s) Council President Baines III
Unrepresented: City Attorney
Sponsors: Council President Baines III
5. SCHEDULED COUNCIL HEARINGS AND MATTERS
10:00 A.M.#1
ID#15-1062 HEARING to adopt resolutions and ordinance to annex
territory and levy a special tax regarding City of Fresno
Community District No. 11, Annexation No. 64 (Final Tract
Map No. 5571) (east side of North Armstrong Avenue
between East Dakota and Shields Avenues) (Council District
4)
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. 11, Annexation No. 64, Final Tract Map No. 5571
Sponsors: Public Works Department
City of Fresno ***Subject to Mayoral Veto Page 8
City Council Meeting Agenda - Final December 10, 2015
10:00 A.M.#2
ID#15-1078 RESOLUTION - Approving the Final Map of Tract No. 5571
and accepting dedicated public uses offered therein -east
side of N. Armstrong Avenue between E. Dakota Avenue
and E. Shields Avenue (Council District 4)
Sponsors: Public Works Department
10:15 A.M.
ID#15-1063 HEARING to adopt resolutions and ordinance to annex
territory and levy a special tax regarding City of Fresno
Community District No. 9, Annexation No. 9 (Site Plan
Review Application no. 2015-064, Assessor’s Parcel Number
567-030-7S) (Southeast corner of East Champlain and North
Hickory Hill Drives) (Council District 6)
1. RESOLUTION - Annexing Territory to Community
Facilities District No. 9 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 2015-2016 and Future
Tax Years Within and Relating to Community Facilities
District No. 9, Annexation No. 9, Assessor’s Parcel Number
567-030-7S
Sponsors: Public Works Department
10:30 A.M.
ID#15-1070 TEFRA Hearing as required by Section 147(f) of the Internal
Revenue Code of 1986, as amended, to hear and consider
information concerning the proposed plan of finance
providing for the issuance of Health Facility Revenue Bonds
in an aggregate principal amount not to exceed
$1,100,000,000 by the Michigan Finance Authority to (i)
refinance the costs of acquisition, construction, furnishing
and equipping of certain health care facilities owned and
operated by Saint Agnes Medical Center (or an affiliate
thereof) and (ii) pay certain expenses incurred in connection
with the issuance of the bonds.
City of Fresno ***Subject to Mayoral Veto Page 9
City Council Meeting Agenda - Final December 10, 2015
1. ***RESOLUTION - Approving the issuance of the
Michigan Finance Authority revenue bonds
(CHE Trinity Health Credit Group), in one or more series, for
the purpose of refinancing the costs of acquisition,
construction, improvement and equipping of health care
facilities owned and operated by Saint Agnes Medical Center
(or an affiliate thereof) in an aggregate principal amount not
to exceed $25,000,000 and certain other matters relating
thereto.
Sponsors: Finance Department
11:00 A.M.
ID#15-1081 Actions pertaining to processing of green waste materials
and co-mingled recyclable materials (Citywide)
1. Negotiate and execute agreement(s) for co-mingled
recyclable material processing.
2. Negotiate and execute agreement(s) for green
waste material processing
3. Authorize Director of Public Utilities to execute the
agreement(s)
Sponsors: City Councilmember Brandau
1:30 P.M.
ID#15-955 WORKSHOP regarding Asset Management
Sponsors: City Manager's Office and City Councilmember Brand
PLEASE NOTE: UNSCHEDULED COMMUNICATION 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
City of Fresno ***Subject to Mayoral Veto Page 10
City Council Meeting Agenda - Final December 10, 2015
UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS
DECEMBER 17, 2015 - 1:30 P.M.
2:00 PM#1 - HEARING to adopt resolutions and ordinance to annex territory and
levy a special tax regarding City of Fresno Community District No. 11, Annexation
No. 63 (Final Tract Map No. 6036) (west side of North Grantland Avenue between
West Shaw and Barstow Avenues) (Council District 2)
2:00 P.M.#2 - Approving Tract Map No. 6036
2:15 P.M. HEARING re: R-15-005; Gary Chester/Blosser Property
2:30 P.M. HEARING- to consider Text Amendment Application No. TA-15-001A,
and related environmental finding for the adoption of Pedestrian Access and
Façade Design Development Standards in the Residential Multiple Family and
Mixed Use zones of the Citywide Development Code
DECEMBER 24, 2015 - NO MEETING
DECEMBER 31, 2015 - NO MEETING
JANUARY 7, 2017
10:00 AM - CONTINUED HEARING to consider a Special Tax District (Community
Facilities District No. 15 – E. Copper River Ranch Maintenance District) (Eastern
portion of the Copper River Ranch Development located northwest of N. Willow
and E.Copper Avenues) (Council District 6)
UPCOMING EMPLOYEE CEREMONIES
2015 CITY COUNCIL MEETING SCHEDULE
DECEMBER 17, 2015 - 1:30 P.M.
DECEMBER 24, 2015 - NO MEETING
DECEMBER 31, 2015 NO MEETING
City of Fresno ***Subject to Mayoral Veto Page 11
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