City Council

City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Meeting Minutes - Final City Council President - Oliver L. Baines, III Vice President - Paul Caprioglio Councilmembers: Lee Brand, Steve Brandau, Clinton J. Olivier, Sal Quintero, Esmeralda Z. Soria City Manager - Bruce Rudd City Attorney - Douglas T. Sloan City Clerk - Yvonne Spence, CMC Thursday, January 7, 2016 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. 8:40 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 Councilmember Quintero Pledge of Allegiance to the Flag CEREMONIAL PRESENTATIONS ID16-035 Presentation of the SPCA Pet of the Month PRESENTED ID16-030 National Slavery and Human Trafficking Prevention Month PRESENTED APPROVE AGENDA City of Fresno ***Subject to Mayoral Veto Page 1 City Council Meeting Minutes - Final January 7, 2016 Councilmember Brandau asked for the 2:30 P.M. Scheduled Hearing (File ID16-016) to be continued. City Clerk Spence announced that Consent Calendar item 1-C (File ID16-029) would be removed from the Consent Calendar and would be heard as a General Administration item. APPROVED AS AMENDED On motion of Vice President Caprioglio, seconded by President Baines III, the above item was adopted as amended. The motion carried by the following vote: Aye: 7 - Baines III, Caprioglio, Brand, Brandau, Olivier, Quintero and Soria APPROVE MINUTES ID16-022 Approval of City Council minutes from December 10, 2015 APPROVED On motion of Vice President Caprioglio, seconded by Councilmember Quintero, the above Minutes were approved. The motion carried by the following vote: Aye: 7 - Baines III, Caprioglio, Brand, Brandau, Olivier, Quintero and Soria ID16-023 Approval of City Council minutes from December 17, 2015 APPROVED On motion of Vice President Caprioglio, seconded by Councilmember Quintero, the above Minutes were approved. The motion carried by the following vote: Aye: 7 - Baines III, Caprioglio, Brand, Brandau, Olivier, Quintero and Soria ID16-031 Approval of Successor Agency minutes from December 17, 2015 APPROVED On motion of Vice President Caprioglio, seconded by Councilmember Quintero, the above Minutes were approved. The motion carried by the following vote: City of Fresno ***Subject to Mayoral Veto Page 2 City Council Meeting Minutes - Final January 7, 2016 Aye: 7 - Baines III, Caprioglio, Brand, Brandau, Olivier, Quintero and Soria ELECTIONS ID16-037 Election of Council President and Vice President President Baines motioned that Paul Caprioglio be elected Council Prescient and Sal Quintero be elected Vice President. Following the vote, newly elected President Caprioglio recognized and thanked his family, city staff and colleagues for thier support. APPROVED On motion of President Baines III, seconded by Councilmember Brandau, Paul Caprioglio was elected Council President and Sal Quintero was elected Vice President. The motion carried by the following vote: Aye: 7 - Baines III, Caprioglio, Brand, Brandau, Olivier, Quintero and Soria ID16-038 Election of Chair and Vice Chair of the Successor Agency to the Redevelopment Agency of the City of Fresno On motion of President Caprioglio, seconded by Councilmember Brandau, Oliver Baines, III was elected Chair and President Caprioglio was elected Vice Chair of the Successor Agency to the Redevelopment Agency of the City of Fresno. The motion carried by the following vote: Aye: 7 - Baines III, Caprioglio, Brand, Brandau, Olivier, Quintero and Soria ADD ON CEREMONIAL PRESENTATION ID16-073 Proclamation of OLIVER BAINES, III DAY Following the Election portion of the agenda, President Caprioglio surprised former President Baines with a proclamation and autographed poster from the all the City Councilmembers. COUNCILMEMBER REPORTS AND COMMENTS Councilmember Brand commented on the wet weather caused by El Nino and asked the City Manager if there would be a public service City of Fresno ***Subject to Mayoral Veto Page 3 City Council Meeting Minutes - Final January 7, 2016 announcement and place a notice on the website regarding sandbags and other services. City Manager Rudd replied that Public Works, Fire, and Public Utilities had a meeting last week to go over the situation. He stated that there was plenty of capacity to help guard against floods from the current storms and checks on equipment. He noted the threat would come from a series of storms like the current storms. He stated they hoped to have self serve sandbags available by the end of January. City Manager Rudd noted they would put information and updates on the web for the public. Councilmember Brandau announced there would be a volunteer event to restore several acres of land abutting the San Joaquin River in his district by planting native species. He invited people to join him on Saturday, January 30th. He noted that he and Cub Scout Pack 223 from St. Anthony's Church would be in attendance. Councilmember Baines asked City Manager Rudd to provide him with updates regarding the arrest of community member Floyd Harris who was involved with the Black Lives Matter. He noted he had several members of the public contact his office for information on the situation. City Manager Rudd indicated he would provide an update for Councilmember Baines. Councilmember Baines also asked the City Manager for an update on the re-organization of city code enforcement. City Manager Rudd replied that there would be a report in the next two to three weeks regarding the top multi-family violations. He stated there would also be action on single family and hotel / motel properties. He stressed that there would be an overhaul of the way code works before additional staff is hired to ensure that the division would be far more effective than in the past. Councilmember Olivier asked the City Manager if there were strategies that could help safeguard life and property against abandoned building fires. City Manager Rudd replied that the code taskforce in his office would look at boarded up residential properties and he expected the new receivership procedures will be an effective tool to bring these problem properties up to code and into compliance. Councilmember Soria asked City Manager Rudd if the code taskforce would deal with rental properties that lack heat. City Manager Rudd replied that in situations where tenants are without heat, the Councilmember could contact the City Manager's Office, Jennifer Clark or Del Estabrooke to have code City of Fresno ***Subject to Mayoral Veto Page 4 City Council Meeting Minutes - Final January 7, 2016 officers address. He also noted the City was partnering with the Housing Authority which was also holding owners accountable for providing things like heat. Councilmember Soria also reported that there was a ribbon cutting for the family friendly, breast feeding space on the second floor of City Hall. She thanked staff for and her colleague for showing up and Comcast for sponsoring cable in the room. She reported that her office purchased a television for the room so that parents utilizing the room would be able to see when their Council item was discussed and not miss out. She thanked Scott Mozier and the Public Works Department, the Maintenance Facilities staff and First Five for providing the grant to make the changes. President Caprioglio stated he had the pleasure and honor of being a part of the International Hmong New Year at the Fairgrounds. He stated it was an incredible event with great food and that experiencing the culture was worth while. He also suggested that people attend the Hmong Story Forty and recalled it as a moving exhibit. 1. CONSENT CALENDAR The following member(s) of the public spoke on the Consent Calendar: Barbara Hunt - discussed Brown Act violations created by utilizing a consent calendar. APPROVAL OF THE CONSENT CALENDAR APPROVED On motion of Councilmember Baines III, seconded by Councilmember Brandau, the CONSENT CALENDAR was hereby adopted by the following vote: Aye: 7 - Baines III, Caprioglio, Brand, Brandau, Olivier, Quintero and Soria 1-A ID16-001 Approve a Professional Cleanup Services Agreement with Lowell Property Services, LLC., in the amount of $124,254 for weekly cleaning and reporting services. APPROVED The above item was approved on the Consent Calendar. 1-B ID16-004 Actions Pertaining to the 8-inch Sewer Main in Marks Avenue City of Fresno ***Subject to Mayoral Veto Page 5 City Council Meeting Minutes - Final January 7, 2016 between Olive and Belmont Avenues (Bid File 3327) (Council District 3 and Fresno County) 1. Adopt a finding of Categorical Exemption of Class 4, pursuant to Section 15304(f) (Minor trenching and backfilling where the surface is restored) and Statutory Exemption pursuant to Section 15282(k) (installation of new pipeline or maintenance, repair, restoration, removal, or demolition of an existing pipeline as set forth in Section 21080.21 of the Public Resources Code, as long as the project does not exceed one mile in length) of the California Environmental Quality Act Guidelines 2. Award a construction contract in the amount of $377,555.75 to Haydon Construction, Inc. of Fresno, California APPROVED The above item was approved on the Consent Calendar. 1-C ID16-016 Authorize the Director of Public Utilities to accept and execute Safe Drinking Water State Revolving Fund Low Interest Loans for funding related to construction of the City of Fresno’s Friant-Kern Canal Pipeline, Regional Water Transmission Pipelines, and Kings River Pipeline projects through the State Water Resources Control Board. The above item was removed from the Consent Calendar and heard as a General Administration item. 1-D ID16-018 Approve the reappointment of Vonnie Franks to the Fresno-Madera Area Agency on Aging and the appointment of Bob Reyes to the Housing and Community Development Commission. APPROVED The above item was approved on the Consent Calendar. 1-E ID16-019 Approve the reappointment of Karl Johnson to the Fresno Housing Authority APPROVED The above item was approved on the Consent Calendar. 1-F ID16-025 Approve a two-year agreement with Central California Baseball Academy for the Al Radka Park youth baseball fields and the City of Fresno ***Subject to Mayoral Veto Page 6 City Council Meeting Minutes - Final January 7, 2016 adoption of the park. (Council District 5) APPROVED The above item was approved on the Consent Calendar. 1-G ID16-005 Authorize the Chief Of Police to enter into an agreement with Fresno County to reimburse the City of Fresno $178,838.00 for the cost of one (1) full-time Fresno Police Officer assigned to the Fresno County Adult Compliance Team (Act) APPROVED The above item was approved on the Consent Calendar. CONTESTED CONSENT CALENDAR No items were moved to the Contested Consent Calendar. 2. SCHEDULED COUNCIL HEARINGS AND MATTERS 2:30 P.M. ID16-029 CONTINUED HEARING to consider Text Amendment No TA-15-001A and related environmental finding for adoption of Pedestrian Access and Façade Design Development Standards and related items in the Residential Multiple Family and Mixed Use zones of the Citywide Development Code (Sections 15-1004-C-1, 15-1004-E, 15-1005, 15-1104-D-1, 15-1104-F, 15-1105, and 15-5602-A) (THE PUBLIC INPUT PORTION WAS HELD ON DECEMBER 17, 2015 AND IS NOW CLOSED) 1. ADOPT the environmental finding of Environmental Assessment No. TA-15-001A, that Text Amendment TA-15- 001A is within the scope of the Final Master Environmental Impact Report SCH No. 2012111015 (“MEIR”) certified by the Fresno City Council on December 18, 2014 and the related Addendum adopted by the Fresno City Council on November 19, 2015 for the Citywide Development Code 2. BILL - (For introduction and adoption) - Approving Text Amendment Application No. TA-15-001A, to adopt Pedestrian Access and Façade Design Development Standards in the Residential Multiple Family and Mixed Use zones of the Citywide Development Code (Sections 15-1004-C-1, 15-1004-E, 15-1005, 15-1104-D-1, 15-1104-F, 15-1105, and 15-5602-A) City of Fresno ***Subject to Mayoral Veto Page 7 City Council Meeting Minutes - Final January 7, 2016 The above item was removed from the agenda and continued to an unspecified date. 3. GENERAL ADMINISTRATION 3-A ID16-027 WORKSHOP: Workers’ Compensation Alternative Dispute Resolution Carve Out - FPOA 1st Quarter Update The above workshop was presented by Personnel Services Director Cardell. WORKSHOP HELD Councilmember Brand exited the Council Chamber at 9:56 A.M. and returned at 9:57 A.M. 3-B ID16-026 Acceptance of a $2,932,600 State Revolving Fund Low-Interest Loan through the State Water Resources Control Board Consolidation Incentive Program for construction of water main pipelines for connection of the Orange Center School District to the City of Fresno’s water distribution system. The above item was introduced to Council by Public Utilities Professional Engineer Knapp. The following member(s) of the public spoke on this item: Barbara Hunt. APPROVED On motion of Councilmember Baines III, seconded by Councilmember Olivier, the above item was approved. The motion carried by the following vote: Aye: 6 - Baines III, Caprioglio, Brandau, Olivier, Quintero and Soria Absent: 1 - Brand 3-C ID16-028 Authorize the Director of the Development and Resource Management Department to sign the Master Service Agreement and Contract Work Authorization Agreement between the City of Fresno and Pacific Gas and Electric Company until December 31, 2017 and receive $5,694,000 in funding from the California Public Utilities Commission for energy efficiency programs. The above item was introduced to Council by Development and Resources Management Community Outreach Specialist Gonzalez. City of Fresno ***Subject to Mayoral Veto Page 8 City Council Meeting Minutes - Final January 7, 2016 The following member(s) of the public spoke on this item: Barbara Hunt. APPROVED On motion of Vice President Quintero, 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 Councilmember Baines exited the Council Chamber at 10:08 A.M. and returned at 10:12 A.M. 3-D ID16-017 RESOLUTION - Authorizing an application, in cooperation with the Clovis Unified School District, the Fresno Unified School District, and the Central Unified School District, to the Department of the Interior, Bureau of Reclamation for a FY2016 WaterSMART: Water and Energy Efficiency Grant in the amount of $700,000 to upgrade and enhance the water efficiency of the indoor plumbing systems and outdoor irrigation systems at elementary, middle, and high schools in the City of Fresno public water supply service area The above item was introduced to Council by Public Utilities Director Esqueda. The following member(s) of the public spoke on this item: Barbara Hunt. RESOLUTION 2016-1 ADOPTED On motion of Vice President Quintero, seconded by Councilmember Soria, the above item was approved. The motion carried by the following vote: Aye: 6 - Caprioglio, Brand, Brandau, Olivier, Quintero and Soria Absent: 1 - Baines III 3-E ID16-034 Actions pertaining to emergency response at Summerset Village Apartments: 1. Approve an MOU with the American Red Cross for services provided for residents of the Summerset Village Apartments 2. ***RESOLUTION - 29th amendment to the Annual Appropriations Resolution (AAR) No. 2015-104 appropriating $25,000 from PG&E for reimbursement of expenses incurred City of Fresno ***Subject to Mayoral Veto Page 9 City Council Meeting Minutes - Final January 7, 2016 due to emergency response (Requires 5 affirmative votes) The above item was introduced to Council by City Manager Rudd. The following member(s) of the public spoke on this item: Barbara Hunt. RESOLUTION 2016-2 ADOPTED On motion of Councilmember Brandau, seconded by Councilmember 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 1-C ID16-016 Authorize the Director of Public Utilities to accept and execute Safe Drinking Water State Revolving Fund Low Interest Loans for funding related to construction of the City of Fresno’s Friant-Kern Canal Pipeline, Regional Water Transmission Pipelines, and Kings River Pipeline projects through the State Water Resources Control Board. The above item was introduced to Council by Public Utilities Professional Engineer Knapp. The following member(s) of the public spoke on this item: Barbara Hunt. Public Utilities Director Esqueda clarified that, with the approval of this item, the project would be 100% financed with State, low interest, loans and no private revenue bond financing. 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 4. CITY COUNCIL 4-A ID16-050 Approve amended Council Rules of Procedure The above item was introduced to Council by Councilmember Baines. City Attorney Sloan also spoke on this item. City of Fresno ***Subject to Mayoral Veto Page 10 City Council Meeting Minutes - Final January 7, 2016 The following member(s) of the public spoke on this item: Barbara Hunt. President Caprioglio stated, for the record, he would implement the following uncodified policies while presiding over the Council meetings as President: First, all PowerPoint presentations will be due in the Clerks Office 72 hours before the scheduled Council meeting (close of business Monday) or the PowerPoint would not be allowed during the presentation. President Caprioglio clarified that the time requirement was applicable to Councilmembers, staff and all others making presentations. Second, to free up staff time on council mornings, items pulled from the Consent Calendar would be heard on the Contested Consent Calendar at 1:30P.M. Third, ceremonial items and presentations would be made after the Consent Calendar at 1:30 P.M. Fourth, agenda titles for ceremonial items will need to be provided to the City Clerks Office two weeks prior to the Council meeting. Fifth, each Councilmember would be limited to two ceremonial items per meeting. Sixth, no more than five ceremonial items would be allowed per Council meeting. Finally, no ceremonial item may be scheduled the same day as the Employee Service Awards or Employee of the Quarter ceremony. Vice President Quintero requested President Caprioglio provide written copies of his new policies to all the Councilmembers. Councilmember Soria stated, for the record, she shared the same concerns mentioned by other Councilmembers about President Caprioglio's restrictive policies for presiding over the Council meetings. Councilmember Soria stated Councilmembers were charged with doing the business of the City including recognizing individuals with ceremonial items and asked the President to be flexible. City of Fresno ***Subject to Mayoral Veto Page 11 City Council Meeting Minutes - Final January 7, 2016 APPROVED On motion of Councilmember Baines III, seconded by Councilmember Soria, 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 4-B ID16-039 RESOLUTION - Prohibiting Absentee Voting by Councilmembers The above item was introduced to Council by Councilmembers Olivier and Brandau. The following member(s) of the public spoke on this item: Barbara Hunt. Councilmember Soria stated, for the record, she was not in the support of absentee voting and felt the current rules and procedures provided an alternative avenue for participation including calling into the meeting, with proper notice, or requesting an item be tabled for a later date. RESOLUTION 2016-3 ADOPTED On motion of Councilmember Olivier, 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 5. CLOSED SESSION The City Council met in closed session in Room 2125 from 11:04 A.M. to 2:05 P.M. to discuss the following: ID16-014 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION - Government Code Section 54956.9, subdivision (d)(1) 1. Betty Hull, et al. v. City of Fresno, et al.; Fresno County Superior Court Case No.: 14CECG00707 The above item was discussed during Closed Session. No open session announcement was made regarding this item. ID16-032 CONFERENCE WITH REAL PROPERTY NEGOTIATOR - City of Fresno ***Subject to Mayoral Veto Page 12 City Council Meeting Minutes - Final January 7, 2016 Government Code Section 54956.8 Property: APN 466-144-03 Negotiating Parties: City Manager Bruce Rudd, City of Fresno Cultural Arts Properties Corporation, Granville Homes, Inc. Under Negotiation: Price and Terms of Payment The above item was discussed during Closed Session. No open session announcement was made regarding this item. ID16-041 CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Government Code Section 54956.8 Property: 327-030-38T Negotiating Parties: City Manager Bruce Rudd; Amber Kinetics, Inc. Under Negotiation: Price and Terms of Payment The above item was discussed during Closed Session. No open session announcement was made regarding this item. ID16-040 CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Government Code Section 54956.8 Property: 5607 W. Jensen Negotiating Parties: City Manager Bruce Rudd; Darling Ingredients, Inc. Under Negotiation: Price and Terms of Payment The above item was discussed during Closed Session. No open session announcement was made regarding this item. RECESSED 12:00 P.M. to 1:40 P.M. ID16-020 PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Government Code Section 54957 Title: City Clerk The above item was discussed during Closed Session. No open session announcement was made regarding this item. ID16-021 CONFERENCE WITH LABOR NEGOTIATOR - Government Code Section 54957.6 City Negotiator(s): Council President Baines III Unrepresented: City Clerk The above item was discussed during Closed Session. No open session announcement was made regarding this item. City of Fresno ***Subject to Mayoral Veto Page 13 City Council Meeting Minutes - Final January 7, 2016 UNSCHEDULED COMMUNICATION The following member(s) of the public addressed Council during Unscheduled Communication: John Haverkamp - discussed gang stalking experienced by his family and his attempts to involve Fresno Police and local authorities. Packets were provided to each Councilmember (packet materials attached to File ID16-072) Barbara Hunt - discussed the City of Fresno helping the State of California with its debt problems. ID16-072 Documents regarding group stalking received from John Haverkamp during Unscheduled Communication. ADJOURNMENT Adjourned from Closed Session at 2:05 P.M. These minutes were approved by unanimous vote of the Council during the January 14, 2016 City Council meeting with Councilmember Baines III absent. City of Fresno ***Subject to Mayoral Veto Page 14