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City Council

Regular Meeting

Fresno, CA · January 28, 2016

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City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Meeting Minutes - Final City Council President - Paul Caprioglio Vice President - Sal Quintero Councilmembers: Oliver L. Baines, III, Lee Brand, Steve Brandau, Clinton J. Olivier, Esmeralda Z. Soria City Manager - Bruce Rudd City Attorney - Douglas T. Sloan City Clerk - Yvonne Spence, CMC Thursday, January 28, 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. 8:30 A.M. ROLL CALL Present: 7 - President Paul Caprioglio Vice President Sal Quintero Councilmember Oliver L. Baines III Councilmember Lee Brand Councilmember Steve Brandau Councilmember Clinton Olivier Councilmember Esmeralda Soria Invocation by Deputy Police Chief Patrick Farmer Pledge of Allegiance to the Flag APPROVE AGENDA City Clerk Spence announced the following changes to the agenda: City Council item 3-A (File ID 16-065) had been removed from the agenda by staff, and; part two of the 10:15A.M. Scheduled Council Hearing (File ID 16-118) was for introduction only, not introduction and adoption. APPROVED AS AMENDED On motion of Councilmember Brandau, seconded by Councilmember Soria, the agenda was approved as amended. The motion carried by City of Fresno ***Subject to Mayoral Veto Page 1 City Council Meeting Minutes - Final January 28, 2016 the following vote: Aye: 7 - Caprioglio, Quintero, Baines III, Brand, Brandau, Olivier and Soria APPROVE MINUTES ID16-063 Approval of City Council minutes from January 14, 2016 APPROVED On motion of Councilmember Brandau, seconded by President Caprioglio, the Minutes of January 14, 2016 were approved. The motion carried by the following vote: Aye: 7 - Caprioglio, Quintero, Baines III, Brand, Brandau, Olivier and Soria COUNCILMEMBER REPORTS AND COMMENTS Councilmember Brandau commented on the recent report about Fresno Police Department morale. He stated that, after speaking with Police Chief Dyer and Jackie Parks with the Fresno Police Officer's Association, he was confident changes were already being made to address the problems. Councilmember Brand stated, for the record, that he supported Chief Dyer and felt that he and the entire department were doing a great job with limited resources. Councilmember Brandau reported he would be at the San Joaquin river bottom on Saturday morning with the Cub Scouts and Boy Scouts to restore the river bottom with indigenous plants. He invited members of the public to join by contacting the Council District 2 offices at 559-621-7827. Councilmember Brandau reported that solar power was being subsidized in the state of California. He said that, according to PG&E, people with residential solar do not pay connection fees and do not pay for repairs on the grid and those costs end up being subsidized by the rate payers. He also stated solar owners sell energy back to the grid at a rate higher than the market rate per kilowatt hour. Councilmember Soria reported that the Capital Projects Oversight Board had its first meeting earlier in the week. Boardmembers received Brown Act and Conflict of Interest training. The City Manager provided an overview of the projects the Board would be reviewing. She stated the next meeting was scheduled for February 22, 2016 at 5:30 P.M. City of Fresno ***Subject to Mayoral Veto Page 2 City Council Meeting Minutes - Final January 28, 2016 Councilmember Soria reported she was in Sacramento the previous week to be on a water panel. The topics discussed included water governance, drought, supply and affordability of water. She stated the panel was unprecedented because it brought municipalities from throughout the state together to share their experiences with state level officials. Councilmember Soria reported she was appointed to the California League of Cities, Public Safety Policy Committee and the Transportation, Communications and Public Works Committee. She expressed her enthusiasm to represent the City on these important issues at the state level. President Caprioglio thanked Councilmember Baines for his organization and presentation of Dr. Martin Luther King Week. He also thanked Councilmember Brandau. President Caprioglio noted that Councilmember Baines, the MLK Committee and the various sponsors do a wonderful job every year. President Caprioglio reported on his attendance at the Association of Realtors Installation of Officers dinner. He also attended the Fresno State ASI Incorporated meeting at Fresno State to discuss improving the community and the area around Fresno State. He noted the ASI students were a hard working and diligent group of young leaders. President Caprioglio also attended the Crime Stoppers event with some of his fellow Councilmembers. He noted the Crime Stoppers group added a lot to the community and its crime solving efforts were appreciated. President Caprioglio reported that he attended his first Fresno State Men's Rugby game last Saturday. He stated it was an exciting game against Stanford that ended in a 24 to 24 tie. He congratulated the Fresno State team and noted that last year, Fresno lost to Stanford 80 to 5. President Caprioglio reported that he was in Milpitas to celebrate India's Republic Day, which was the equivalent of Constitution Day. He recalled that India was the largest democracy in the world. He also reported that he spoke about Fresno to the Consulate General in an effort to bring more interest to the community. President Caprioglio also reported that he attended a function for Terry's House. He noted that Terry's House had been in existence for 5 years and has assisted more than 3,900 families with a place to stay when family City of Fresno ***Subject to Mayoral Veto Page 3 City Council Meeting Minutes - Final January 28, 2016 members are in the hospital. He stated that the Terry's House endeavor was run completely by donations. President Caprioglio also thanked Police Chief Dyer and the Police Department for the response to gun fire around the City on Wednesday night. He noted no officers were hurt, thanks to their training. Councilmember Baines noted how wonderful Terry's House was. Also stated that developer Tom Richards was the inspiration behind the house and that it was named for his brother, Terry Richards. Councilmember Baines asked for the Council meeting to be adjourned in the memory of Pauline Kimber, wife of former Councilmember Les Kimber. He recalled Pauline Kimber as an amazing figure in our community. 1. CONSENT CALENDAR APPROVAL OF THE CONSENT CALENDAR On motion of Vice President Quintero, seconded by Councilmember Brand, the CONSENT CALENDAR was hereby adopted by the following vote: Aye: 7 - Caprioglio, Quintero, Baines III, Brand, Brandau, Olivier and Soria 1-A ID16-006 ***RESOLUTION - 25th amendment to the Annual Appropriation Resolution (AAR) No. 2015-104 appropriating $155,000 for the Fresno Police Department’s Asset Forfeiture Program (Requires 5 affirmative votes) RESOLUTION 2016-6 ADOPTED The above item was approved on the Consent Calendar. 1-B ID16-055 Actions pertaining to the traffic signal installation at the intersection of Barstow and Brawley Avenues - Bid File No. 3436 (Council District 2) 1. Adopt a finding of Categorical Exemption per staff determination, pursuant to Section15301(c) Class 1 of the CEQA guidelines for the traffic signal installation at the intersection of Barstow and Brawley Avenues 2. Award a construction contract in the amount of $262,499 to A-C Electric Company of Fresno, California for the traffic signal installation at the intersection of Barstow and Brawley Avenues City of Fresno ***Subject to Mayoral Veto Page 4 City Council Meeting Minutes - Final January 28, 2016 APPROVED The above item was approved on the Consent Calendar. 1-C ID16-070 RESOLUTION - Approving the Final Map of Tract No. 6059-East corner of Fulton Street and Calaveras Street (Council District 3) RESOLUTION 2016-7 ADOPTED The above item was approved on the Consent Calendar. 1-D ID16-092 *** RESOLUTION - 3rd amendment of Position Authorization Resolution (PAR) No. 2015-105 adding one (1) Painter position and one (1) Electrician position to the Public Works Department, Facilities Management Division. RESOLUTION 2016-8 ADOPTED The above item was approved on the Consent Calendar. 1-E ID16-085 Approve Sixth Amendment to the Consultant Services Agreement with Provost & Pritchard Engineering Group, in the amount of $166,701 to provide Construction Phase and General Construction Contract Administration Services for the City of Fresno’s Friant-Kern Canal Pipeline Project (Council District 6, County of Fresno). APPROVED The above item was approved on the Consent Calendar. 1-F ID16-086 Approval of a License Agreement (LA) between the U.S. Bureau of Reclamation (USBR) and the City of Fresno (City) for installation, operation and maintenance of a turnout/diversion facility associated with the Friant-Kern Canal Raw Water Pipeline, to be constructed in the USBR’s Friant-Kern Canal. APPROVED The above item was approved on the Consent Calendar. 1-G ID16-003 RESOLUTION - Of Intention to Annex Final Tract Map No. 6104, Annexation No. 65, to the City of Fresno Community Facilities District No. 11 (parcels bounded by E. Fancher Creek Drive, S. Sunnyside and Purdue and E. Beck Avenues); and setting the public hearing for February 25, 2016 at 10:00 a.m. (Council District 5) City of Fresno ***Subject to Mayoral Veto Page 5 City Council Meeting Minutes - Final January 28, 2016 RESOLUTION 2016-9 ADOPTED The above item was approved on the Consent Calendar. 1-I ID16-107 ***RESOLUTION - Fourth Amendment to Salary Resolution No. 2015-108 replacing the Buyer classification series with Procurement Specialist in Exhibit 3, Non-Supervisory White Collar (FCEA), and in Exhibit 13-1, Management Non-Confidential (CFPEA); amending the salary of Airports Operations Specialist in Exhibit 1, Non-Supervisory Blue Collar (Local 39); amending the classification title and salary of the Safety Specialist in Exhibit 3, Non-Supervisory White Collar (FCEA), amending the minimum hourly rate for Cashier Clerk, Information Services Aide, Lifeguard, Senior Lifeguard, Police Cadet I, Services Aide, Sports Official and Student Aide II in Exhibit 8, Non-Represented; and creating a new classification of Lead Risk Analyst in Exhibit 13-2, Non-Management Confidential. RESOLUTION 2016-10 ADOPTED The above item was approved on the Consent Calendar. 1-J ID16-100 Approve the reappointment of Steven Bedrosian to the Fresno Housing Authority APPROVED The above item was approved on the Consent Calendar. JOINT MEETING OF SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, CITY (IN ITS CAPACITY AS HOUSING SUCCESSOR), AND FRESNO REVITALIZATION CORPORATION City Council met in joint session with the Successor Agency to the Redevelopment Agency of the City of Fresno and Fresno Revitalization Corporation at 8:45 A.M. to discuss the following: ID16-103 Action pertaining to Statements of Economic Interest for Designated Positions 1. RESOLUTION - Of the City Council and the Successor Agency to the Redevelopment Agency of the City of Fresno, California, designating positions which shall be subject to the Conflict of Interest Code and defining categories of disclosure City of Fresno ***Subject to Mayoral Veto Page 6 City Council Meeting Minutes - Final January 28, 2016 for such positions (City and Agency action) Successor Agency Executive Director Murphey presented the above item to the Fresno City Council and Successor Agency Board. RESOLUTION 2016-11 ADOPTED RESOLUTION SA-31 ADOPTED CITY COUNCIL VOTE On motion of Councilmember Olivier, seconded by Councilmember Soria, the above item was approved. The motion carried by the following vote: Aye: 7 - Caprioglio, Quintero, Baines III, Brand, Brandau, Olivier and Soria SUCCESSOR AGENCY VOTE On motion of Member Olivier, seconded by Member Soria, the above item was approved. The motion carried by the following vote: Aye: 7 - Caprioglio, Quintero, Baines III, Brand, Brandau, Olivier and Soria ID16-106 Successor Agency to the Redevelopment Agency of the City of Fresno consider approving: 1. RESOLUTION - Amending previously approved purchase and sale agreements consistent with direction from Department of Finance for the following properties: 731 E. California Avenue (Boos Development West, LLC); 4007, 4017, 4025, 4061 and 4071 E. Ventura (FD Partners, LLC); 730 and 736 Van Ness (Bitwise Industries, LLC); 941 G Street (DFP Ltd., LP); northwest corner of Abby and Belmont Avenues (Mathews Harley Davidson); northwest corner of Fresno and H Streets (APEC International, LLC) (Agency action) Successor Agency Executive Director Murphey introduced the above item to the Successor Agency Board. RESOLUTION SA-32 ADOPTED SUCCESSOR AGENCY VOTE On motion of Member Quintero, seconded by Chair Baines III, the above item was approved. The motion carried by the following vote: City of Fresno ***Subject to Mayoral Veto Page 7 City Council Meeting Minutes - Final January 28, 2016 Aye: 7 - Caprioglio, Quintero, Baines III, Brand, Brandau, Olivier and Soria ADJOURN JOINT MEETING The joint meeting was adjourned at 8:50 A.M. 2. GENERAL ADMINISTRATION 2-A ID16-081 Submission for informational purposes of the Comprehensive Annual Financial Reports (CAFR) regarding the financial activities of the City of Fresno Retirement Systems for the Fiscal Year ending June 30, 2015 Retirement Administrator McDivitt presented the above item to Council. Mr. McDivitt also introduced incoming Retirement Administrator, Robert Theller. PRESENTED 2-B ID16-096 Award a construction contract to Teichert & Son, Inc., in the amount of $32,649,000 for construction of Bus Rapid Transit (BRT) stations and associated improvements along Blackstone Avenue and Ventura Avenue/Kings Canyon Road corridor - Bid File 3374 (Citywide) The above item was introduced to Council by Transportation Director Marshall. City Manager Rudd and City Attorney Sloan also spoke on the item. For the record, City Attorney Sloan clarified the condition of approval to be as follows: if Council approved the contract, the City Attorney's Office would not sign off on the contract documents unless the City Attorney's Office was provided with documents showing current appropriations to cover the cost of the contract, as amended, plus a five percent contingency. Councilmember Olivier called Union Representative Rick Steitz to the podium to discuss the above item. APPROVED On motion of Vice President Quintero, seconded by Councilmember Baines III, the above item was approved. The motion carried by the following vote: Aye: 5 - Caprioglio, Quintero, Baines III, Olivier and Soria City of Fresno ***Subject to Mayoral Veto Page 8 City Council Meeting Minutes - Final January 28, 2016 No: 2 - Brand and Brandau 3. CITY COUNCIL 3-A ID16-065 Actions pertaining to the Oversight Board for the Enterprise Accountability and Oversight Act and Construction Management Accountability and Oversight Act: 1.***RESOLUTION - Amending the Enterprise Accountability and Oversight Act related to Enterprise and Construction Management Oversight Board appointments 2.Fill vacant Oversight Board position(s) The above item was removed from the agenda by staff. 4. SCHEDULED COUNCIL HEARINGS AND MATTERS 10:00 A.M. ID16-058 HEARING to consider adoption of resolutions related to the designation of properties to the Local Register of Historic Resources 1. *** RESOLUTION - Designating the Eugene and Eleanor Risley Home located at 243 N. Van Ness Avenue, Fresno, California to the Local Register of Historic Resources (Council District 3). 2. *** RESOLUTION - Designating the Thomas and Sadie Elliott Home located at 934 E. Mildreda Avenue, Fresno, California to the Local Register of Historic Resources (Council District 3). 3. *** RESOLUTION - Designating the J.H. Waller Home located at 306 N. Park Avenue, Fresno, California to the Local Register of Historic Resources (Council District 3). 4. *** RESOLUTION - Designating the Edwin C. Smith/Dr. K.J. Staniford Home and Lewis Insurance Agency Office located at 431 and 437 E. Olive Avenue, Fresno, California to the Local Register of Historic Resources (Council District 1). 5. *** RESOLUTION - Designating the Parkside Dairy/Golden State Company (Central Valley Cheese) Buildings located at 450 E. Belmont Avenue, Fresno, California to the Local Register of Historic Resources. The above hearing was called to order at 10:10 A.M. Historic Preservation Project Manager Hattersley-Drayton introduced the above item to Council. City of Fresno ***Subject to Mayoral Veto Page 9 City Council Meeting Minutes - Final January 28, 2016 Development Director Clark and City Attorney Sloan also spoke on this item. The following member(s) of the public spoke on this item: Casey Austin with Producers Dairy, Don Simmons with the Historic Preservation Commission; Bruce Owdom with the Tower District Implementation Committee, and; Patience Milrod with the Tower District Implementation Committee. Councilmember Olivier called Victor M. Lai, Producers Dairy General Counsel, to the podium for discussion on this item. President Caprioglio recessed the above hearing from 10:48 A.M. to 10:52 A.M. to hear General Administration Item 2-C (File ID 16-125). 2. GENERAL ADMINISTRATION CONTINUED 2-C ID16-125 RESOLUTION - Authorizing the submission of applications for the Fresno Council of Governments (COG) 2016/17 Measure C New Technology Reserve Grant Program for Advanced Transit Projects (New Technology Grant Program) The above item was introduced to Council by City Manager Rudd. RESOLUTION 2016-12 ADOPTED On motion of Vice President Quintero, seconded by Councilmember Baines III, the above item was approved. The motion carried by the following vote: Aye: 7 - Caprioglio, Quintero, Baines III, Brand, Brandau, Olivier and Soria 4. SCHEDULED COUNCIL HEARINGS AND MATTERS CONTINUED 10:00 A.M. CONTINUED ID16-058 HEARING to consider adoption of resolutions related to the designation of properties to the Local Register of Historic Resources 1. *** RESOLUTION - Designating the Eugene and Eleanor Risley Home located at 243 N. Van Ness Avenue, Fresno, California to the Local Register of Historic Resources (Council District 3). 2. *** RESOLUTION - Designating the Thomas and Sadie City of Fresno ***Subject to Mayoral Veto Page 10 City Council Meeting Minutes - Final January 28, 2016 Elliott Home located at 934 E. Mildreda Avenue, Fresno, California to the Local Register of Historic Resources (Council District 3). 3. *** RESOLUTION - Designating the J.H. Waller Home located at 306 N. Park Avenue, Fresno, California to the Local Register of Historic Resources (Council District 3). 4. *** RESOLUTION - Designating the Edwin C. Smith/Dr. K.J. Staniford Home and Lewis Insurance Agency Office located at 431 and 437 E. Olive Avenue, Fresno, California to the Local Register of Historic Resources (Council District 1). 5. *** RESOLUTION - Designating the Parkside Dairy/Golden State Company (Central Valley Cheese) Buildings located at 450 E. Belmont Avenue, Fresno, California to the Local Register of Historic Resources. The above hearing was resumed at 10:52 A.M. Councilmember Soria motioned to approve items one through four and take part five (Central Valley Cheese) by a separate vote. Councilmember Olivier seconded the motion. Councilmember Baines motioned to continue part five (Central Valley Cheese) to the February 25, 2016 Council meeting and directed staff to work with the High Speed Rail Authority and Producer's Dairy to make an informal attempt to find a creative solution beneficial to all. Councilmember Brandau seconded the motion. The motion passed 4-3 with President Caprioglio, Councilmember Brand and Councilmember Olivier voting "no." RESOLUTION 2016-13 ADOPTED RESOLUTION 2016-14 ADOPTED RESOLUTION 2016-15 ADOPTED RESOLUTION 2016-16 ADOPTED ITEM 5 (CENTRAL VALLEY CHEESE) CONTINUED TO FEBRUARY 25, 2016 The above hearing was closed at 11:14 A.M. On motion of Councilmember Soria, seconded by Councilmember Olivier, items one through four were seperated from item five and approved (item five, Central Valley Cheese, was continued to February 25, 2016 by a seperate vote). The motion carried by the following vote: City of Fresno ***Subject to Mayoral Veto Page 11 City Council Meeting Minutes - Final January 28, 2016 Aye: 7 - Caprioglio, Quintero, Baines III, Brand, Brandau, Olivier and Soria 10:15 A.M. ID16-118 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-E, 15-1005, 15-1104-F, 15-1105) (THE PUBLIC INPUT PORTION WAS HELD ON DECEMBER 17, 2015 AND IS NOW CLOSED) (THE HEARING WAS CONTINUED FROM JANUARY 7, 2016) 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-E, 15-1005, 15- 1104-F, and 15-1105) The above continued hearing was called to order at 11:14 A.M. Assistant Development Director Zack introduced the item to Council. Mayor Swearengin, Development Director Clark and City Attorney Sloan also spoke on this item. Mr. Zack corrected a formatting error on the record as follows: in the mixed use section - items "C" through "H" should actually be numbered "3" through "8" to show that they are still in the "certainty option." President Caprioglio noted, for the record, that the public comment portion of the hearing was closed on December 17, 2015. President Caprioglio called the following developers to the podium to discuss the above item: Darius Assemi of Granville Homes; Cliff Tutelian of City of Fresno ***Subject to Mayoral Veto Page 12 City Council Meeting Minutes - Final January 28, 2016 Tutelian and Company, and; Terance Frazier of TFS Investments. Councilmember Brandau called Patience Milrod of the Tower District Implementation Committee to the podium to discuss the above item. At 11:59 A.M., President Caprioglio recessed the above hearing until 3:30 P.M. UNSCHEDULED COMMUNICATION The following member(s) of the public addressed Council during Unscheduled Communication: Tamara Algots - discussed the City of Fresno policy on rape and changes that should be made to the policy. RECESSED 12:05 P.M. to 1:32 P.M. 4. SCHEDULED COUNCIL HEARINGS AND MATTERS CONTINUED 1:30 P.M. CONTESTED CONSENT CALENDAR (If any) No items were moved to the Contested Consent Calendar. CEREMONIAL PRESENTATIONS (if any) ID16-102 Presentation of Certificates to the Employees’ of the Winter Quarter - Reception immediately following - 2nd Floor Foyer The following employees were recognized for outstanding public service and for setting standards of excellence in performance: Kerri Uyesaka from Airports; Felicia Espinosa from the City Attorney's Office; Yahaira Figueroa from the Offices of Council District Seven; McKencie Contreras from the Development and Resources Management Department; Laura Rapp from the Finance Department; Larry French, Jeff Guynn and Judi Huss from the Fire Department; Don Robbins and Vance Vehrs from the Information Services Department; Marco Quintero and Christopher Bernal from the Parks, After School, Recreation and Community Services Department; Teresa Sanchez from Personnel Services; Jaime Rios, Greg Rayburn, Martin Van Overbeek and Vue Yang from the Fresno Police Department; Robert Romero, Renee Ponce, Carla Gonzalez, Chad Colby, City of Fresno ***Subject to Mayoral Veto Page 13 City Council Meeting Minutes - Final January 28, 2016 and Glenn Knapp from the Department of Public Utilities; Dave Caglia, Bryan Doi, Vincent Hu and Gabe Lyles from the Public Works Department; Brian Barr, Rob Lacy, Katie Rayburn and Elizabeth Watlington from the Transportation Department. RECESSED 2:07 P.M. to 2:22 P.M. 2. GENERAL ADMINISTRATION CONTINUED 2-D ID16-097 RESOLUTION - Authorizing the submittal of a grant application to the State of California Department of Housing and Community Development and acceptance of 2015 Housing-Related Parks Program grant funds in the amount of up to $1.2 million (Council Districts 2, 3, and 5). The above item was introduced to Council by Parks, After School, Recreation, and Community Services (PARCS) Director Mollinedo. RESOLUTION 2016-17 ADOPTED On motion of Councilmember Brandau, seconded by Councilmember Olivier, the above item was approved. The motion carried by the following vote: Aye: 7 - Caprioglio, Quintero, Baines III, Brand, Brandau, Olivier and Soria 2-E ID16-095 Approve Consulting Services Agreement with ConSol effective January 1, 2016 to December 31, 2017 and provide a two year contract funding amount of $4,600,000 for testing and reporting services for the Central Valley Energy Tune-Up program The above item was introduced to Council by Development Director Clark. APPROVED On motion of Councilmember Baines III, seconded by Councilmember Olivier, the above item was approved. The motion carried by the following vote: Aye: 7 - Caprioglio, Quintero, Baines III, Brand, Brandau, Olivier and Soria 2-F ID16-108 Actions pertaining to joint use of school district green space: 1. Adopt a finding of categorical exemption pursuant to CEQA Guidelines section 15301/Class City of Fresno ***Subject to Mayoral Veto Page 14 City Council Meeting Minutes - Final January 28, 2016 2. Approve material terms of Joint Use Agreement with Central Unified School District 3. Approve First Amendment to Joint Use Agreement with Fresno Unified School District The above item was introduced to Council by City Manager Rudd. Councilmember Soria directed staff to look into the possibility of allowing the PARCS Department to oversee the use of green space at one or two schools. APPROVED On motion of Councilmember Brandau, seconded by Vice President Quintero,the above item was approved. The motion carried by the following vote: Aye: 7 - Caprioglio, Quintero, Baines III, Brand, Brandau, Olivier and Soria RECESSED 2:35 P.M. to 3:32 P.M. 4. SCHEDULED COUNCIL HEARINGS AND MATTERS CONTINUED 10:15 A.M. CONTINUED ID16-118 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-E, 15-1005, 15-1104-F, 15-1105) (THE PUBLIC INPUT PORTION WAS HELD ON DECEMBER 17, 2015 AND IS NOW CLOSED) (THE HEARING WAS CONTINUED FROM JANUARY 7, 2016) 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 City of Fresno ***Subject to Mayoral Veto Page 15 City Council Meeting Minutes - Final January 28, 2016 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-E, 15-1005, 15- 1104-F, and 15-1105) The above hearing resumed at 3:32 P.M. Councilmember Soria stated, for the record, that she was very hesitant to eliminate public review and she felt the 72 hour period compromise provided some comfort. Councilmember Brandau clarified the motion was to approve the item as recommended by staff and for staff to return to Council within 90 days with the text amendment. BILL B-1 INTRODUCED AND LAID OVER On motion of Councilmember Brandau, seconded by Councilmember Brand, the above item was approved with direction for staff to return to Council in 90 days. The motion carried by the following vote: Aye: 7 - Caprioglio, Quintero, Baines III, Brand, Brandau, Olivier and Soria 5. CLOSED SESSION (If any) There were no Closed Session items on the agenda. ADJOURNMENT The Council meeting was adjourned in the loving memory of Pauline Kimber at 4:30 P.M. The above minutes were approved by a unanimous vote of Council, with Councilmember Brandau absent, on February 4, 2016. City of Fresno ***Subject to Mayoral Veto Page 16

Agenda

City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Meeting Agenda - Final Thursday, January 28, 2016 8:30 AM Regular Session Council Chambers City Council President - Paul Caprioglio Vice President - Sal Quintero Councilmembers: Oliver L. Baines, III, Lee Brand, Steve Brandau, Clinton J. Olivier, Esmeralda Z. Soria City Manager - Bruce Rudd City Attorney - Douglas T. Sloan City Clerk - Yvonne Spence, CMC City Council Meeting Agenda - Final January 28, 2016 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 January 28, 2016 8:30 A.M. ROLL CALL Invocation by Deputy Police Chief Patrick Farmer Pledge of Allegiance to the Flag APPROVE AGENDA APPROVE MINUTES ID16-063 Approval of City Council minutes from January 14, 2016 COUNCILMEMBER REPORTS AND COMMENTS 1. CONSENT CALENDAR All Consent Calendar items are considered to be routine and will be treated as one agenda item. The Consent Calendar will be enacted by one motion. Public comment on the Consent Calendar is limited to three (3) minutes per speaker. There will be no separate discussion of these items unless requested by a Councilmember, in which event the item will be removed from the Consent Calendar and will be considered as time allows. 1-A ID16-006 ***RESOLUTION - 25th amendment to the Annual Appropriation Resolution (AAR) No. 2015-104 appropriating $155,000 for the Fresno Police Department’s Asset Forfeiture Program (Requires 5 affirmative votes) Sponsors: Police Department 1-B ID16-055 Actions pertaining to the traffic signal installation at the intersection of Barstow and Brawley Avenues - Bid File No. 3436 (Council District 2) 1. Adopt a finding of Categorical Exemption per staff determination, pursuant to Section15301(c) Class 1 of the CEQA guidelines for the traffic signal installation at the intersection of Barstow and Brawley Avenues 2. Award a construction contract in the amount of $262,499 to A-C Electric Company of Fresno, California for the traffic signal installation at the intersection of Barstow and Brawley Avenues Sponsors: Public Works Department City of Fresno ***Subject to Mayoral Veto Page 3 City Council Meeting Agenda - Final January 28, 2016 1-C ID16-070 RESOLUTION - Approving the Final Map of Tract No. 6059-East corner of Fulton Street and Calaveras Street (Council District 3) Sponsors: Public Works Department 1-D ID16-092 *** RESOLUTION - 3rd amendment of Position Authorization Resolution (PAR) No. 2015-105 adding one (1) Painter position and one (1) Electrician position to the Public Works Department, Facilities Management Division. Sponsors: Public Works Department 1-E ID16-085 Approve Sixth Amendment to the Consultant Services Agreement with Provost & Pritchard Engineering Group, in the amount of $166,701 to provide Construction Phase and General Construction Contract Administration Services for the City of Fresno’s Friant-Kern Canal Pipeline Project (Council District 6, County of Fresno). Sponsors: Department of Public Utilities 1-F ID16-086 Approval of a License Agreement (LA) between the U.S. Bureau of Reclamation (USBR) and the City of Fresno (City) for installation, operation and maintenance of a turnout/diversion facility associated with the Friant-Kern Canal Raw Water Pipeline, to be constructed in the USBR’s Friant-Kern Canal. Sponsors: Department of Public Utilities 1-G ID16-003 RESOLUTION - Of Intention to Annex Final Tract Map No. 6104, Annexation No. 65, to the City of Fresno Community Facilities District No. 11 (parcels bounded by E. Fancher Creek Drive, S. Sunnyside and Purdue and E. Beck Avenues); and setting the public hearing for February 25, 2016 at 10:00 a.m. (Council District 5) Sponsors: Public Works Department City of Fresno ***Subject to Mayoral Veto Page 4 City Council Meeting Agenda - Final January 28, 2016 1-I ID16-107 ***RESOLUTION - Fourth Amendment to Salary Resolution No. 2015-108 replacing the Buyer classification series with Procurement Specialist in Exhibit 3, Non-Supervisory White Collar (FCEA), and in Exhibit 13-1, Management Non-Confidential (CFPEA); amending the salary of Airports Operations Specialist in Exhibit 1, Non-Supervisory Blue Collar (Local 39); amending the classification title and salary of the Safety Specialist in Exhibit 3, Non-Supervisory White Collar (FCEA), amending the minimum hourly rate for Cashier Clerk, Information Services Aide, Lifeguard, Senior Lifeguard, Police Cadet I, Services Aide, Sports Official and Student Aide II in Exhibit 8, Non-Represented; and creating a new classification of Lead Risk Analyst in Exhibit 13-2, Non-Management Confidential. Sponsors: Personnel Services Department 1-J ID16-100 Approve the reappointment of Steven Bedrosian to the Fresno Housing Authority Sponsors: Mayor's Office JOINT MEETING OF SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, CITY (IN ITS CAPACITY AS HOUSING SUCCESSOR), AND FRESNO REVITALIZATION CORPORATION ID16-103 Action pertaining to Statements of Economic Interest for Designated Positions 1. RESOLUTION - Of the City Council and the Successor Agency to the Redevelopment Agency of the City of Fresno, California, designating positions which shall be subject to the Conflict of Interest Code and defining categories of disclosure for such positions (City and Agency action) Sponsors: City Clerk's Office ID16-106 Successor Agency to the Redevelopment Agency of the City of Fresno consider approving: 1. RESOLUTION - Amending previously approved purchase and sale agreements consistent with direction from Department of Finance for the following properties: 731 E. California Avenue (Boos Development West, LLC); 4007, 4017, 4025, 4061 and 4071 E. Ventura (FD Partners, LLC); City of Fresno ***Subject to Mayoral Veto Page 5 City Council Meeting Agenda - Final January 28, 2016 730 and 736 Van Ness (Bitwise Industries, LLC); 941 G Street (DFP Ltd., LP); northwest corner of Abby and Belmont Avenues (Mathews Harley Davidson); northwest corner of Fresno and H Streets (APEC International, LLC) (Agency action) Sponsors: Successor Agency to the Redevelopment Agency of the City of Fresno ADJOURN JOINT MEETING 2. GENERAL ADMINISTRATION 2-A ID16-081 Submission for informational purposes of the Comprehensive Annual Financial Reports (CAFR) regarding the financial activities of the City of Fresno Retirement Systems for the Fiscal Year ending June 30, 2015 Sponsors: Retirement Department 2-B ID16-096 Award a construction contract to Teichert & Son, Inc., in the amount of $32,649,000 for construction of Bus Rapid Transit (BRT) stations and associated improvements along Blackstone Avenue and Ventura Avenue/Kings Canyon Road corridor - Bid File 3374 (Citywide) Sponsors: Department of Public Transportation (FAX) 2-C ID16-125 RESOLUTION - Authorizing the submission of applications for the Fresno Council of Governments (COG) 2016/17 Measure C New Technology Reserve Grant Program for Advanced Transit Projects (New Technology Grant Program) Sponsors: Department of Public Transportation (FAX) 2-D ID16-097 RESOLUTION - Authorizing the submittal of a grant application to the State of California Department of Housing and Community Development and acceptance of 2015 Housing-Related Parks Program grant funds in the amount of up to $1.2 million (Council Districts 2, 3, and 5). Sponsors: Parks, After School and Recreation and Community Services Department 2-E ID16-095 Approve Consulting Services Agreement with ConSol effective January 1, 2016 to December 31, 2017 and provide a two year contract funding amount of $4,600,000 for testing City of Fresno ***Subject to Mayoral Veto Page 6 City Council Meeting Agenda - Final January 28, 2016 and reporting services for the Central Valley Energy Tune-Up program Sponsors: Development and Resource Management Department 2-F ID16-108 Actions pertaining to joint use of school district green space: 1. Adopt a finding of categorical exemption pursuant to CEQA Guidelines section 15301/Class 2. Approve material terms of Joint Use Agreement with Central Unified School District 3. Approve First Amendment to Joint Use Agreement with Fresno Unified School District Sponsors: City Manager's Office 3. CITY COUNCIL 3-A ID16-065 Actions pertaining to the Oversight Board for the Enterprise Accountability and Oversight Act and Construction Management Accountability and Oversight Act: 1.***RESOLUTION - Amending the Enterprise Accountability and Oversight Act related to Enterprise and Construction Management Oversight Board appointments 2.Fill vacant Oversight Board position(s) Sponsors: City Councilmember Soria 4. SCHEDULED COUNCIL HEARINGS AND MATTERS 10:00 A.M. ID16-058 HEARING to consider adoption of resolutions related to the designation of properties to the Local Register of Historic Resources 1. *** RESOLUTION - Designating the Eugene and Eleanor Risley Home located at 243 N. Van Ness Avenue, Fresno, California to the Local Register of Historic Resources (Council District 3). 2. *** RESOLUTION - Designating the Thomas and Sadie Elliott Home located at 934 E. Mildreda Avenue, Fresno, California to the Local Register of Historic Resources (Council District 3). 3. *** RESOLUTION - Designating the J.H. Waller Home located at 306 N. Park Avenue, Fresno, California to the Local Register of Historic Resources (Council District 3). City of Fresno ***Subject to Mayoral Veto Page 7 City Council Meeting Agenda - Final January 28, 2016 4. *** RESOLUTION - Designating the Edwin C. Smith/Dr. K.J. Staniford Home and Lewis Insurance Agency Office located at 431 and 437 E. Olive Avenue, Fresno, California to the Local Register of Historic Resources (Council District 1). 5. *** RESOLUTION - Designating the Parkside Dairy/Golden State Company (Central Valley Cheese) Buildings located at 450 E. Belmont Avenue, Fresno, California to the Local Register of Historic Resources. Sponsors: Development and Resource Management Department 10:15 A.M. ID16-118 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-E, 15-1005, 15-1104-F, 15-1105) (THE PUBLIC INPUT PORTION WAS HELD ON DECEMBER 17, 2015 AND IS NOW CLOSED) (THE HEARING WAS CONTINUED FROM JANUARY 7, 2016) 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 -E, 15-1005, 15-1104-F, and 15-1105) Sponsors: Development and Resource Management Department 1:30 P.M. CONTESTED CONSENT CALENDAR (If any) City of Fresno ***Subject to Mayoral Veto Page 8 City Council Meeting Agenda - Final January 28, 2016 CEREMONIAL PRESENTATIONS (if any) ID16-102 Presentation of Certificates to the Employees’ of the Winter Quarter - Reception immediately following - 2nd Floor Foyer 5. CLOSED SESSION (If any) 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 UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS FEBRUARY 4, 2016 10:00 A.M. HEARING - Plan Amendment Application No. A-15-002, Rezone Application No. R-15-009 and related Environmental Assessment No. A-15-002/R-15-009/C-15-167/T-6108. Filed by Fowler Development Company, Inc. (Granville Homes) pertaining to approximately 6.56 acres of property located at the northeast corner of the intersection of North Fowler and East Clinton Avenues; and, approximately 14.37 acres of property located at the southeast corner of the intersection of East Shields and North Bliss Avenues. FEBRUARY 4, 2016 10:15 a.m. heqring - Rezone Application No. R-15-011 and related Environmental Assessment No. R-15-011/C-15-149/T-6079. Filed by Fowler Development Company, Inc. (Granville Homes) pertaining to approximately 3.07 acres of property located on the south side of East Princeton Avenue between North Fowler and North Bliss Avenues. FEBRUARY 4, 2016 5:00 P.M.HEARING re: Zoning Map update. Application Nos. A-15-007 and R-15-016 City of Fresno ***Subject to Mayoral Veto Page 9 City Council Meeting Agenda - Final January 28, 2016 FEBRUARY 25, 2016 10:00 AM - HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding City of Fresno Community District No. 11, Annexation No. 65 (Final Tract Map No. 6104) (parcels bounded by E. Fancher Creek Drive, S. Purdue Avenue, S. Bundy Avenue, and E. Beck Avenue) (Council District 5) March 31, 2016 10:00 A.M. HEARING - Regarding the vacation of the alleys south of East Franklin Avenue between North Broadway Avenue and State Route 180 (Council District 3) UPCOMING EMPLOYEE CEREMONIES APRIL 14, 2016 -1:30 P.M. - Employee of the Spring Quarter Ceremony APRIL 27, 2016 - 2:00 P.M.Employee Service Awards Ceremony JULY 28, 2016 - 1:30 P.M.- Employee of the Summer Quarter Ceremony OCTOBER 13, 2016 - 1:30 P.M. - Employee of the Fall Quarter Ceremony OCTOBER 19, 2016 - 2:00 P.M. - Employee Service Awards Ceremony 2016 CITY COUNCIL MEETING SCHEDULE FEBRUARY 4, 2016 - 8:30 A.M. FEBRUARY 11, 2016 -NO MEETING FEBRUARY 18, 2016 - NO MEETING - PRESIDENT'S DAY FEBRUARY 25, 2016 - 8:30 A.M. City of Fresno ***Subject to Mayoral Veto Page 10

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