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City Council

Regular Meeting

Fresno, CA · December 10, 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, 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. City of Fresno ***Subject to Mayoral Veto Page 1 City Council Meeting Minutes - Final December 10, 2015 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. City of Fresno ***Subject to Mayoral Veto Page 2 City Council Meeting Minutes - Final December 10, 2015 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. City of Fresno ***Subject to Mayoral Veto Page 3 City Council Meeting Minutes - Final December 10, 2015 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 City of Fresno ***Subject to Mayoral Veto Page 4 City Council Meeting Minutes - Final December 10, 2015 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. City of Fresno ***Subject to Mayoral Veto Page 5 City Council Meeting Minutes - Final December 10, 2015 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. City of Fresno ***Subject to Mayoral Veto Page 6 City Council Meeting Minutes - Final December 10, 2015 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 City of Fresno ***Subject to Mayoral Veto Page 7 City Council Meeting Minutes - Final December 10, 2015 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 City of Fresno ***Subject to Mayoral Veto Page 8 City Council Meeting Minutes - Final December 10, 2015 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 City of Fresno ***Subject to Mayoral Veto Page 9 City Council Meeting Minutes - Final December 10, 2015 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. City of Fresno ***Subject to Mayoral Veto Page 10 City Council Meeting Minutes - Final December 10, 2015 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 City of Fresno ***Subject to Mayoral Veto Page 11 City Council Meeting Minutes - Final December 10, 2015 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 City of Fresno ***Subject to Mayoral Veto Page 12 City Council Meeting Minutes - Final December 10, 2015 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. City of Fresno ***Subject to Mayoral Veto Page 13 City Council Meeting Minutes - Final December 10, 2015 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 City of Fresno ***Subject to Mayoral Veto Page 14 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) City of Fresno ***Subject to Mayoral Veto Page 15 City Council Meeting Minutes - Final December 10, 2015 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 City of Fresno ***Subject to Mayoral Veto Page 16 City Council Meeting Minutes - Final December 10, 2015 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 City of Fresno ***Subject to Mayoral Veto Page 17 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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