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City Council

Regular Meeting

Fresno, CA · February 25, 2016

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Minutes

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, February 25, 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. 8:31 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 Reverend K.C. Dickie of Operation Heal Our Land Pledge of Allegiance to the Flag President Caprioglio called up members of the Fresno Chamber of Commerce to introduce Nathan Ahle. Mr. Ahle has succeeded Al Smith as the President and CEO of the Fresno Chamber of Commerce. APPROVE AGENDA City Clerk Spence announced the following changes to the agenda: Part one of the 9:45 A.M. Scheduled Matter (File 16-105), regarding the Purchase and Sale Agreement, will not be discussed - part 2 will remain on the agenda; the 1:30 P.M. scheduled appearance (File 16-245) by J.D. McCubbin has been removed from the agenda at the speakers request for a City of Fresno ***Subject to Mayoral Veto Page 1 City Council Meeting Minutes - Final February 25, 2016 later date. City Manager Rudd removed item 2D (File 16-171) from the agenda. APPROVED AS AMENDED On motion of Councilmember Brandau, seconded by President Caprioglio, the Agenda was adopted as amended. The motion carried by the following vote: Aye: 7 - Caprioglio, Quintero, Baines III, Brand, Brandau, Olivier and Soria APPROVE MINUTES ID16-140 Approval of minutes from February 4, 2016 On motion of Councilmember Soria, seconded by Councilmember Olivier, the above Minutes 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 Olivier reported on the Youth Leadership Conference at City Hall. About 200 high school students from around the area attended. Councilmember Soria was also in attendance. The event was in conjunction with the PARCS Department and with Fresno Unified School District (“FUSD”). The students were in class all year learning the basics of getting ready for a job. They learned to show up on time and dress for success, they learned about interviewing. There were great speakers including Derek Carr from the Raiders. Councilmember Olivier thanked Manuel Mollinedo, Fresno Unified School District and Councilmember Soria. Councilmember Baines stated he met with residents of his district to discuss Nielsen Park. Residents were concerned that park bathrooms were not open during the day and that the drinking fountains were not on either. Councilmember Baines was bothered by the information and directed staff to look into to the situation with the bathrooms and drinking fountains. He also stated he would look into getting benches at the park because of the lack of seating. Councilmember Soria stated the Youth Leadership Conference was a great City of Fresno ***Subject to Mayoral Veto Page 2 City Council Meeting Minutes - Final February 25, 2016 event. She also spent time with residents at the Paint Brush assisted living center, a new facility in her district. During her visit the facility honored a King and Queen which made it a special day for the people at the center. Councilmember Soria also attended an event at Quigley Park. She thanked the PARCS Department for doing a fabulous job in the community and for bringing children and their families together. Councilmember Soria reported that on February 29, all were invited to a reception for the delegation from Fresno’s Sister City, Chateauroux, France. Councilmember Brandau announced there would be a “Support Blue” 5K and 10K walk and run at Woodward Park Saturday morning at 8 A.M. He stated he would be in attendance and invited everyone to participate or to show up and watch. President Caprioglio also encouraged the other council members to participate. Council President Caprioglio reported that University Campus opened it's a 47 unit complex. It was a formerly blighted apartment complex off near the college on Barstow. $2.5 million dollars was spent to upgrade the complex. The complex has a swim up pool, outdoor bar-b-ques, beautiful apartments and all the amenities a person could want including wi-fi. President Caprioglio also attended an open house at the 32 year old Oasis facility. The Oasis cares for dementia and Alzheimer's patients as well as their caregivers. Even caregivers need time away to revitalize their lives. He also announced the Fresno Chamber of Commerce Valley Business Awards were held and noted that Stan Oken was the 2016 Leon S Peters Awards Winner. Valley Lahvosh Baking Company, Date in a Crate and Zola Apparel each won Entrepreneur of the Year. He noted Zola Apparel was created by a high school student that imports fabrics from Africa and has her own design company. President Caprioglio stated that Fresno State had the grand opening for the Kremen School of Education and Human Development. The school offered low cost family counseling and allowed the students to intern. He also stated that he helped present valentines to veterans at the VA Hospital last Friday. Local elementary school kids prepared the Valentines for the Veterans in the assisted living portion of the VA Hospital. He stated the experience was very moving. President Caprioglio also announced that Larry Salinas was the new public relations person for Fresno State and said he was a great addition. Finally, President Caprioglio stated he helped celebrated the 85th anniversary of the Mexican Consulate in Fresno. He said the event was well attended and included great food and art. 1. CONSENT CALENDAR City of Fresno ***Subject to Mayoral Veto Page 3 City Council Meeting Minutes - Final February 25, 2016 APPROVAL OF THE CONSENT CALENDAR Councilmember Soria removed Consent Calendar item 1-I (File ID 16-226) from the agenda. On motion of Councilmember Brandau, seconded by Councilmember Soria, the CONSENT CALENDAR was hereby adopted by the following vote: Aye: 6 - Caprioglio, Quintero, Brand, Brandau, Olivier and Soria Absent: 1 - Baines III 1-A ID16-128 Adoption of the 2016 Updates and revisions to the Americans with Disabilities Act (ADA) Transition Plan for the Public Right of Way APPROVED The above item was approved on the Consent Calendar. 1-B ID16-168 Action relating to declaring the Election Results for Community Facilities District No. 15 (East Copper River Ranch Maintenance District) and Authorizing the Levy of a Special Tax and Appropriations Limit (Eastern portion of the Copper River Ranch Development located northwest of North Willow and East Copper Avenues) (Council District 6) 1. RESOLUTION - Declaring Election Results for Community Facilities District No. 15 2. ***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. 15 - East Copper River Ranch Maintenance District RESOLUTION 2016-24 ADOPTED BILL B-5 INTRODUCED AND ADOPTED AS ORDINANCE 2016-5 The above item was approved on the Consent Calendar. 1-C ID16-178 ***RESOLUTION - 5th amendment to Salary Resolution No. 2015-108 adding the new classifications of Industrial Electrician to Exhibit 7, Non-Supervisory Groups and Crafts (IBEW) and Payroll Accountant to Exhibit 2, Non-Represented Management and Confidential with Unit 2 annual leave and deferred City of Fresno ***Subject to Mayoral Veto Page 4 City Council Meeting Minutes - Final February 25, 2016 compensation benefits; and modifying the salary of Airport Maintenance Leadworker in Exhibit 1, Non-Supervisory Blue Collar (Local 39). RESOLUTION 2016-25 ADOPTED The above item was approved on the Consent Calendar. 1-D ID16-182 RESOLUTION - Approving the Final Map of Tract No. 6075 and accepting dedicated public uses offered therein-Northwest corner of North Hayes Avenue and West Herndon Avenue (Council District 2) RESOLUTION 2016-26 ADOPTED The above item was approved on the Consent Calendar. 1-E ID16-188 Approve first amendment to Professional Services Agreement between Mariotto Resolutions and the City of Fresno (City) for services as the Ombudsperson for the Workers’ Compensation Alternative Dispute Resolution with the Fresno Police Officers Association (FPOA), amending the term of the agreement and increasing total compensation APPROVED The above item was approved on the Consent Calendar. 1-F ID16-194 ***RESOLUTION - 4th amendment to Position Authorization Resolution No. 2015-105, adding one position to the Information Services Department in Fiscal Year 2016 RESOLUTION 2016-27 ADOPTED The above item was approved on the Consent Calendar. 1-G ID16-211 Actions pertaining to the traffic signal installation at the intersection of Blackstone and Fedora Avenues - Bid File No. 3425 (Council District 7) 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 Blackstone and Fedora Avenues 2. Award a construction contract in the amount of $303,567 to American Construction Engineers of Tollhouse, California APPROVED City of Fresno ***Subject to Mayoral Veto Page 5 City Council Meeting Minutes - Final February 25, 2016 The above item was approved on the Consent Calendar. 1-H ID16-217 Approve a five-year agreement with Fresno Senior Softball League for the use and maintenance of the Quigley softball field APPROVED The above item was approved on the Consent Calendar. 1-I ID16-226 RESOLUTION - Providing for publication of Fresno Municipal Code Amendments The above item was removed from the agenda by Councilmember Soria. 1-J ID16-234 Approve the appointment of Ted Semonious to the Fire and Police Retirement Board APPROVED The above appointment was approved on the Consent Calendar. 1-K ID16-227 Approve an agreement with BKF Engineers in the amount of $60,170, with a contingency amount of $10,000 (total not to exceed $70,170), to provide consultant services for Shields Avenue Bankside Trail from Fresno Street to First Street (Council District 7) The above item was approved on the Consent Calendar. 2. GENERAL ADMINISTRATION 2-A ID16-091 Approve the Index-Based Rate Adjustments (Rate Period 5) for Commercial Solid Waste Franchise Services as Requested by Mid Valley Disposal (“Mid Valley”) and Allied Waste (“Allied”) for Disposal of Multi-Family, Commercial Solid Waste, Recyclable and Organic Material. The above item was introduced to Council by Department of Public Utilities Assistant Director Schuber. APPROVED On motion of President Caprioglio, 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 City of Fresno ***Subject to Mayoral Veto Page 6 City Council Meeting Minutes - Final February 25, 2016 2-B ID16-218 Actions pertaining to Revising the Zoning Designation Translation Table for the Downtown Planning Area for an interim period 1. Adopt the environmental findings of Environmental Assessment No. EA-16-002, an Addendum to Final Master Environmental Impact Report SCH No. 2012111015 for the Fresno General Plan and Citywide Development Code pursuant to CEQA Guidelines Section 15162 and 15164 2. RESOLUTION - Revising the Zoning Designation Translation Table for the Downtown Planning Area for the interim period between adoption of the Zoning Map Update and adoption of the Downtown Plans and Code. The above item was introduced to Council by Development and Resources Management ("DARM") Department Assistant Director Zack. RESOLUTION 2016-28 ADOPTED On motion of Councilmember Baines III, seconded by President Caprioglio, the above item was approved. The motion carried by the following vote: Aye: 7 - Caprioglio, Quintero, Baines III, Brand, Brandau, Olivier and Soria 2-C ID16-213 Actions pertaining to Almy and Roy Park and 41 and North Corridor Coalition 1. Adopt a finding of Categorical Exemption under CEQA Guidelines section 15301/Class 1 2. Approve Agreement for Transfer of Real Property from Habitat For Humanity Fresno, Inc. 3. Approve an Adopt-A-Park Agreement with Cargill Fresno The above item was introduced to Council by City Manager Rudd and Councilmember Baines III. APPROVED On motion of Councilmember Baines III, seconded by Councilmember Brandau, that the above Action Item be approved. The motion carried by the following electronic vote: Aye: 6 - Caprioglio, Quintero, Baines III, Brand, Brandau and Olivier Absent: 1 - Soria City of Fresno ***Subject to Mayoral Veto Page 7 City Council Meeting Minutes - Final February 25, 2016 2-D ID16-171 Actions pertaining to an award of a construction contract to Davis Moreno Construction, Inc. of Fresno, CA in the amount of $1,163,973 including the base bid plus add alternates 1 and 2 for the Cultural Arts District Park Project (Bid File 3440) (Council District 3) 1. Adopt finding of a Categorical Exemption pursuant to Sections 15303 and 15332 of the California Environmental Quality Act Guidelines 2. Award a construction contract with Davis Moreno Construction, Inc. of Fresno, CA in the amount of $1,163,973 including the base bid plus add alternates 1 and 2 for the Cultural Arts District Park Project The above item was removed from the agenda by City Manager Rudd. 2-E ID16-181 Actions pertaining to the Vinland Park Splash Play Area - Bid File 3430 (Council District 4) 1. Adopt a finding of Categorical Exemption pursuant to Section 15303(e) of the CEQA Guidelines for the Vinland Park Splash Play Area Project 2. Award a construction contract with American Construction Engineers of Tollhouse, California in the amount of $334,950 for the Vinland Park Splash Play Area project The above item was introduced to Council by Parks, After School, Recreation and Community Services ("PARCS") Department Director Mollinedo. APPROVED On motion of President Caprioglio, 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 2-F ID16-252 WORKSHOP - Housing and Community Development Division Quarterly Report, October 1, 2015 - December 31, 2015 The above workshop was presented to Council by Housing and Neighborhood Revitalization Manager Trujillo. DARM Director Clark also spoke on this item. City of Fresno ***Subject to Mayoral Veto Page 8 City Council Meeting Minutes - Final February 25, 2016 Councilmember Soria directed staff to provide the Councilmembers with a map showing the locations of the Senior Paint projects, Homeowner Rehabilitation projects and the Target area rehabilitations. Councilmember Soria directed staff to provide her with the number of Senior Meals locations in the city. Councilmember Quintero directed staff to provide a list, every six months, detailing the applications received and which application were to be awarded next. Councilmember Quintero directed staff to provide a map of the targeted areas receiving Targeted Area Distress Money. Councilmember Brandau requested a map detailing project locations and asked Manager Trujillo to schedule a meeting with him in the near future. WORKSHOP HELD 2-G ID16-120 Actions Pertaining to the Fresno County Measure “C” Transit Oriented Development (TOD) Program: 1. RESOLUTION - Authorizing the City Manager or Designee to Negotiate an Amendment to the Program Eligibility and Funding Agreement, dated December 5, 2012, with The Fresno County Transportation Authority Relating to the Reallocation of Program Funds to the Measure C Transit Oriented Development Program and Authorizing the Execution of Amendment Related Documents by the City Manager Or Designee 2. RESOLUTION - Authorizing the Submission of Applications for Grant Funds from the Fresno County Measure C Transit Oriented Development (TOD) Program and Authorizing the Execution of Application-Related Documents by the City Manager or Designee The above item was introduced to Council by DARM Project Manager Perez. City Manager Rudd also spoke on this item. The following member(s) of the public spoke on this item: Jeff Roberts of Granville Homes. City of Fresno ***Subject to Mayoral Veto Page 9 City Council Meeting Minutes - Final February 25, 2016 President Caprioglio called Darius Assemi of Granville Homes to the podium to discuss fee waivers. RESOLUTION 2016-29 ADOPTED RESOLUTION 2016-30 ADOPTED On motion of Councilmember Baines III, 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 4. SCHEDULED COUNCIL HEARINGS AND MATTERS 9:45 A.M. 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 9:50 A.M. to discuss the following: ID16-105 Actions pertaining to the sale of excess property at Fulton and Inyo Streets: 1. Approve a Purchase and Sale Agreement between the Successor Agency and the City of Fresno, for property located on 829 Fulton (APN 468-282-05T), 835 Fulton (APN 468-282- 22T), and the Parking Lot on the northwest corner of Fulton/Inyo Streets (APN APN 468-282-23T). 2. Approve a Disposition and Development Agreement between the City of Fresno, the City as the Housing/Successor Agency to the City of Fresno, and Noyan Frazier Capital, LLC. President Caprioglio reminded council that part one of this item, concerning the purchase and sale agreement, had been removed from the agenda. Governmental Affairs Manager Danielle Bergstrom presented the above item to the Fresno City Council and Successor Agency Board. City of Fresno ***Subject to Mayoral Veto Page 10 City Council Meeting Minutes - Final February 25, 2016 The following member(s) of the public spoke on this item: Derek Franks of the Fresno Grizzlies, Craig Scharton of the Fresno Downtown Partnership and Downtown Property Owners Association, project developer Mehmet Noyan and project developer Terance Frazier. Councilmember Brandau clarified with Manager Bergstrom, for the record, that the City of Fresno "would not be on the hook for anything" if something tragic were to happen and this project did not work out. Manager Bergstrom stated the protections included: project escrow would not close until after all the financing was in place and building permits were being pulled and they were ready to break ground and; if state financing was lost, the property would revert back to the City. APPROVED CITY COUNCIL VOTE On motion of Councilmember Baines III, seconded by Councilmember Brandau, the above item was approved. The motion carried by the following vote: Aye: 6 - Caprioglio, Quintero, Baines III, Brand, Brandau and Olivier Absent: 1 - Soria SUCCESSOR AGENCY VOTE On motion of Chair Baines III, seconded by Member Brandau, the above item was approved. The motion carried by the following vote: Aye: 6 - Caprioglio, Quintero, Baines III, Brand, Brandau and Olivier Absent: 1 - Soria ID16-225 Approval of a Purchase and Sale Agreement between the City of Fresno and APEC International, LLC, for the Sale of a portion of an abandoned street right-of-way on the east side of “H” Street at the Broadway Street alignment in Downtown Fresno (Council action) Successor Agency Executive Director Murphey presented the above item to the Fresno City Council. APPROVED CITY COUNCIL VOTE ONLY City of Fresno ***Subject to Mayoral Veto Page 11 City Council Meeting Minutes - Final February 25, 2016 On motion of Councilmember Baines III, seconded by President Caprioglio, the above item was approved. The motion carried by the following vote: Aye: 6 - Caprioglio, Quintero, Baines III, Brand, Brandau and Olivier Absent: 1 - Soria ADJOURN JOINT MEETING The joint meeting adjourned at 10:15 A.M. 10:00 A.M.#1 ID16-205 Presentation by Associated Students, Inc. (ASI) of California State University Fresno (CSUF) to discuss Sierra Madre The presentation was made by ASI Senators Simone Leighty and Cameran Patterson, ASI President Abigail Hudson, ASI staff members Navi and Ashleigh Rocker and CSUF Government Relations Executive Director Larry Salinas. PRESENTED 10:00 A.M.#2 ID16-179 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) 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 2015-2016 and Future Tax Years Within and Relating to Community Facilities District No. 11, Annexation No. 65, Final Tract Map No. 6104 The above hearing was called to order at 10:31 A.M. Department of Public Works Assistant Director Benelli introduced the above item to Council. Upon call for public comment, the following people addressed Council: City of Fresno ***Subject to Mayoral Veto Page 12 City Council Meeting Minutes - Final February 25, 2016 Josh Peterson of Wathen Castanos Homes - spoke in support of the project and thanked city staff. Public comment was closed at 10:33 A.M. The above hearing was closed at 10:34 A.M. RESO 2016-31 ADOPTED RESO 2016-32 ADOPTED RESO 2016-33 ADOPTED BILL B-6 INTRODUCED AND ADOPTED AS ORDINANCE 2016-6 On motion of Vice President Quintero, seconded by Councilmember Olivier, the above item was approved. The motion carried by the following vote: Aye: 6 - Caprioglio, Quintero, Baines III, Brand, Brandau and Olivier Absent: 1 - Soria 10:15 A.M. ID16-109 HEARING to consider the 2016 Weed Abatement Program and Adoption of an Ordinance approving the 2016 Weed Abatement Program (City wide) 1. BILL - (For introduction) - Relating to the Annual Weed Abatement Program The above hearing was called to order at 10:34 A.M. DARM Manager Estabrooke introduced the above item to Council. Upon call for public comment, the following people addressed Council: Barbara Hunt - spoke in opposition of this item citing costs. Public comment was closed at 10:38 A.M. The above hearing was closed at 10:39 A.M. BILL B-7 INTRODUCED AND LAID OVER 3. CITY COUNCIL City of Fresno ***Subject to Mayoral Veto Page 13 City Council Meeting Minutes - Final February 25, 2016 3-A ID16-206 Actions pertaining to processing of Green Waste (Citywide): 1. Adopt a finding pursuant to CEQA Guideline 15061(b)(3) of No Possibility these actions may have a significant effect on the environment. 2. Award a ten year agreement to Kochergen Farms Composting, Inc. (Kochergen), to process 50 percent of the City’s Green Waste (green waste) at a cost to the City of $16.75 per ton. 3. Award a ten year agreement to West Coast Waste, Inc. (West Coast), to process 50 percent of the City’s Green Waste at a cost to the City of $16.75 per ton. The above item was introduced to Council by Councilmember Brandau and City Attorney Sloan. The following member(s) of the public spoke on this item: Barbara Hunt; Joe Guagliardo representing Kochergen Farms Composting. APPROVED On motion of Councilmember Brandau, 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 3-B ID16-207 Actions pertaining to processing of Co-mingled Recyclables (Citywide): 1. Adopt a finding pursuant to CEQA Guideline 15061(b)(3) of No Possibility these actions may have a significant effect on the environment. 2. Award a ten year agreement to Mid Valley Recycling, LLC (Mid Valley), to process 50 percent of the City’s Co-mingled Recyclables (recyclables) at an indexed rate paid per ton to the City. 3. Award a ten year agreement to Cedar Avenue Recycling and Transfer Station, LP (CARTS), to process 50 percent of the City’s recyclables at an indexed rate paid per ton to the City. The above item was introduced to Council by Councilmember Brandau and City Attorney Sloan. City Manager Rudd also spoke on this item. City of Fresno ***Subject to Mayoral Veto Page 14 City Council Meeting Minutes - Final February 25, 2016 The following member(s) of the public spoke on this item: Mr. Kalpakoff of Mid Valley Disposal; Richard Caglia of Cedar Avenue Recycling and Transfer Station. City Manager Rudd recommended Councilmembers reject the agreements and move forward with issuing a new Request for Proposal ("RFP") on a 100% of the material to provide the rate payers with the best value. Councilmember Brand motioned to issue a new RFP but it was clarified by the City Attorney that the motion on the floor should be disposed of first. APPROVED On motion of Councilmember Brandau, seconded by Councilmember Baines III, the above item was approved. The motion carried by the following vote: Aye: 5 - Caprioglio, Quintero, Baines III, Brandau and Soria No: 2 - Brand and Olivier RECESSED 11:17 A.M. to 11:23 A.M. 4. SCHEDULED COUNCIL HEARINGS AND MATTERS CONTINUED 11:00 A.M. ID16-212 CONTINUED HEARING to consider adoption of resolution designating the Parkside Dairy/Golden State Company (Central Valley Cheese Buildings) located at 450 E. Belmont Avenue, Fresno to the Local Register of Historic Resources (Council District 3) Continued from January 28, 2016 1. *** 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 continued hearing was called to order at 11:23 A.M. Historic Preservation Project Manager Hattersley-Drayton introduced the above item to Council. Upon call for public comment, the following people addressed Council: City of Fresno ***Subject to Mayoral Veto Page 15 City Council Meeting Minutes - Final February 25, 2016 Barbara Hunt - discussed the role the purpose of historic preservation. Kiel Schmidt of Food Commons Fresno - concerned with the environmental impact that would result from the industrial use of the property if the buildings at 450 E. Belmont were to be demolished. Patience Milrod - spoke in support of the staff recommendation and felt there was no basis to conclude the buildings are not historic. Bruce Owdom - spoke in support of the staff recommendation. Jeff Cazaly, architect for Producers Dairy - spoke against the historic designation and the intended development plans for the property. Kacey Auston consultant for Producers Dairy - spoke against the proposed historic designation and stated the High Speed Rail Authority was not interested in helping to preserve the buildings in question. Public comment was closed at 11:40 A.M. Councilmember Baines clarified with Senior Deputy City Attorney Kolluri that, if Council rejected the staff recommendation, the property owner would not be able to immediately demolish the buildings due to a need for further environmental assessments. Councilmember Soria clarified with Project Manager Hattersley-Drayton that the question before Council was whether or not the property qualifies as historic, regardless of any economic impact to the property owner. The above hearing was closed at 12:32 P.M. NOT APPROVED The motion by Councilmember Baines III, seconded by Councilmember Soria, to approve the above item, FAILED. The motion failed by the following electronic vote: Aye: 3 - Quintero, Baines III and Soria No: 4 - Caprioglio, Brand, Brandau and Olivier RECESSED 12:32 P.M. to 1:35 P.M. City of Fresno ***Subject to Mayoral Veto Page 16 City Council Meeting Minutes - Final February 25, 2016 1:30 P.M.#1 ID16-245 Appearance by J.D. McCubbin to discuss whether or not the Fresno Police Department’s record system is working and the consequences The above item was removed from the agenda by the speaker. CONTESTED CONSENT CALENDAR No items were moved to the Contested Consent Calendar. CEREMONIAL PRESENTATIONS ID16-224 Proclamation of “SUPPORT BLUE FRESNO DAY” PRESENTED ID16-195 Recitation of the Declaration of Independence by Nathan Bond 1. Proclamation of “NATHAN BOND” Day PRESENTED ID16-208 Proclamation of “NATIONAL ENTREPRENEURSHIP WEEK” PRESENTED ID16-220 Proclamation of “BLACK HISTORY MONTH” PRESENTED ID16-239 Proclamation of “Haron Jaguar 70th Anniversary” PRESENTED ID16-253 Proclamation of “FRESNO HIGH SCHOOL CHEER DAY” PRESENTED 5. CLOSED SESSION There were no Closed Session items on the agenda. UNSCHEDULED COMMUNICATION The following members of the public addressed Council during Unscheduled Communication: Gary Doeseklic - discussed his stolen bike and the help he received from City of Fresno ***Subject to Mayoral Veto Page 17 City Council Meeting Minutes - Final February 25, 2016 Councilmember Olivier. Rick Morse of MedMar - discussed people being attacked in front of his shop and the lack of a response by the City and also the City court case against him. Lynne McMurray - spoke in support of MedMar and the decisions made by the company. James Gunning - spoke in support of MedMar and questioned Council as to why it had been closed down. Sophia Gaspar - spoke in support of MedMar as a medical marijuana provider and discussed the benefits of medical marijuana and how it has impacted her life. Christal Hopkins - suffers from cerebral palsy and spoke in support of MedMar as a medical marijuana provider and described her experience with medical marijuana as a treatment for her condition. Don Soria - discussed the closure of MedMar and felt that his grandmother was in the hospital because of the closure. He also commented on the demeanor of the Councilmembers during Council meetings. ADJOURNMENT Adjourned at 2:44 P.M. The above minutes were approved by a unanimous vote of the City Council, with Councilmember Olivier absent, during the March 3, 2016 City Council Meeting. City of Fresno ***Subject to Mayoral Veto Page 18

Agenda

City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Meeting Agenda - Final Thursday, February 25, 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 February 25, 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 February 25, 2016 8:30 A.M. ROLL CALL Invocation by Reverend K.C. Dickie of Operation Heal Our Lord Pledge of Allegiance to the Flag APPROVE AGENDA APPROVE MINUTES ID16-140 Approval of minutes from February 4, 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 ID16-128 Adoption of the 2016 Updates and revisions to the Americans with Disabilities Act (ADA) Transition Plan for the Public Right of Way Sponsors: Public Works Department 1-B ID16-168 Action relating to declaring the Election Results for Community Facilities District No. 15 (East Copper River Ranch Maintenance District) and Authorizing the Levy of a Special Tax and Appropriations Limit (Eastern portion of the Copper River Ranch Development located northwest of North Willow and East Copper Avenues) (Council District 6) 1. RESOLUTION - Declaring Election Results for Community Facilities District No. 15 2. ***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. 15 - East Copper River Ranch Maintenance District Sponsors: Public Works Department City of Fresno ***Subject to Mayoral Veto Page 3 City Council Meeting Agenda - Final February 25, 2016 1-C ID16-178 ***RESOLUTION - 5th amendment to Salary Resolution No. 2015-108 adding the new classifications of Industrial Electrician to Exhibit 7, Non-Supervisory Groups and Crafts (IBEW) and Payroll Accountant to Exhibit 2, Non-Represented Management and Confidential with Unit 2 annual leave and deferred compensation benefits; and modifying the salary of Airport Maintenance Leadworker in Exhibit 1, Non-Supervisory Blue Collar (Local 39). Sponsors: Personnel Services Department 1-D ID16-182 RESOLUTION - Approving the Final Map of Tract No. 6075 and accepting dedicated public uses offered therein-Northwest corner of North Hayes Avenue and West Herndon Avenue (Council District 2) Sponsors: Public Works Department 1-E ID16-188 Approve first amendment to Professional Services Agreement between Mariotto Resolutions and the City of Fresno (City) for services as the Ombudsperson for the Workers’ Compensation Alternative Dispute Resolution with the Fresno Police Officers Association (FPOA), amending the term of the agreement and increasing total compensation Sponsors: Personnel Services Department 1-F ID16-194 ***RESOLUTION - 4th amendment to Position Authorization Resolution No. 2015-105, adding one position to the Information Services Department in Fiscal Year 2016 Sponsors: Personnel Services Department 1-G ID16-211 Actions pertaining to the traffic signal installation at the intersection of Blackstone and Fedora Avenues - Bid File No. 3425 (Council District 7) 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 Blackstone and Fedora Avenues 2. Award a construction contract in the amount of $303,567 to American Construction Engineers of Tollhouse, California Sponsors: Public Works Department City of Fresno ***Subject to Mayoral Veto Page 4 City Council Meeting Agenda - Final February 25, 2016 1-H ID16-217 Approve a five-year agreement with Fresno Senior Softball League for the use and maintenance of the Quigley softball field Sponsors: Parks, After School and Recreation and Community Services Department 1-I ID16-226 RESOLUTION - Providing for publication of Fresno Municipal Code Amendments Sponsors: City Clerk's Office 1-J ID16-234 Approve the appointment of Ted Semonious to the Fire and Police Retirement Board Sponsors: Mayor's Office 1-K ID16-227 Approve an agreement with BKF Engineers in the amount of $60,170, with a contingency amount of $10,000 (total not to exceed $70,170), to provide consultant services for Shields Avenue Bankside Trail from Fresno Street to First Street (Council District 7) Sponsors: Public Works Department 2. GENERAL ADMINISTRATION 2-A ID16-091 Approve the Index-Based Rate Adjustments (Rate Period 5) for Commercial Solid Waste Franchise Services as Requested by Mid Valley Disposal (“Mid Valley”) and Allied Waste (“Allied”) for Disposal of Multi-Family, Commercial Solid Waste, Recyclable and Organic Material. Sponsors: Department of Public Utilities 2-B ID16-218 Actions pertaining to Revising the Zoning Designation Translation Table for the Downtown Planning Area for an interim period 1. Adopt the environmental findings of Environmental Assessment No. EA-16-002, an Addendum to Final Master Environmental Impact Report SCH No. 2012111015 for the Fresno General Plan and Citywide Development Code pursuant to CEQA Guidelines Section 15162 and 15164 2. RESOLUTION - Revising the Zoning Designation Translation Table for the Downtown Planning Area for the interim period between adoption of the Zoning Map Update City of Fresno ***Subject to Mayoral Veto Page 5 City Council Meeting Agenda - Final February 25, 2016 and adoption of the Downtown Plans and Code. Sponsors: Development and Resource Management Department 2-C ID16-213 Actions pertaining to Almy and Roy Park and 41 and North Corridor Coalition 1. Adopt a finding of Categorical Exemption under CEQA Guidelines section 15301/Class 1 2. Approve Agreement for Transfer of Real Property from Habitat For Humanity Fresno, Inc. 3. Approve an Adopt-A-Park Agreement with Cargill Fresno Sponsors: City Manager's Office and City Councilmember Baines III 2-D ID16-171 Actions pertaining to an award of a construction contract to Davis Moreno Construction, Inc. of Fresno, CA in the amount of $1,163,973 including the base bid plus add alternates 1 and 2 for the Cultural Arts District Park Project (Bid File 3440) (Council District 3) 1. Adopt finding of a Categorical Exemption pursuant to Sections 15303 and 15332 of the California Environmental Quality Act Guidelines 2. Award a construction contract with Davis Moreno Construction, Inc. of Fresno, CA in the amount of $1,163,973 including the base bid plus add alternates 1 and 2 for the Cultural Arts District Park Project Sponsors: Public Works Department, Parks, After School and Recreation and Community Services Department 2-E ID16-181 Actions pertaining to the Vinland Park Splash Play Area - Bid File 3430 (Council District 4) 1. Adopt a finding of Categorical Exemption pursuant to Section 15303(e) of the CEQA Guidelines for the Vinland Park Splash Play Area Project 2. Award a construction contract with American Construction Engineers of Tollhouse, California in the amount of $334,950 for the Vinland Park Splash Play Area project Sponsors: Public Works Department, Parks, After School, Recreation and Community Services Department and Council President Caprioglio City of Fresno ***Subject to Mayoral Veto Page 6 City Council Meeting Agenda - Final February 25, 2016 2-F ID16-252 WORKSHOP - Housing and Community Development Division Quarterly Report, October 1, 2015 - December 31, 2015 Sponsors: Development and Resource Management Department 2-G ID16-120 Actions Pertaining to the Fresno County Measure “C” Transit Oriented Development (TOD) Program: 1. RESOLUTION - Authorizing the City Manager or Designee to Negotiate an Amendment to the Program Eligibility and Funding Agreement, dated December 5, 2012, with The Fresno County Transportation Authority Relating to the Reallocation of Program Funds to the Measure C Transit Oriented Development Program and Authorizing the Execution of Amendment Related Documents by the City Manager Or Designee 2. RESOLUTION - Authorizing the Submission of Applications for Grant Funds from the Fresno County Measure C Transit Oriented Development (TOD) Program and Authorizing the Execution of Application-Related Documents by the City Manager or Designee Sponsors: Development and Resource Management Department 3. CITY COUNCIL 3-A ID16-206 Actions pertaining to processing of Green Waste (Citywide): 1. Adopt a finding pursuant to CEQA Guideline 15061(b)(3) of No Possibility these actions may have a significant effect on the environment. 2. Award a ten year agreement to Kochergen Farms Composting, Inc. (Kochergen), to process 50 percent of the City’s Green Waste (green waste) at a cost to the City of $16.75 per ton. 3. Award a ten year agreement to West Coast Waste, Inc. (West Coast), to process 50 percent of the City’s Green Waste at a cost to the City of $16.75 per ton. Sponsors: City Councilmember Brandau City of Fresno ***Subject to Mayoral Veto Page 7 City Council Meeting Agenda - Final February 25, 2016 3-B ID16-207 Actions pertaining to processing of Co-mingled Recyclables (Citywide): 1. Adopt a finding pursuant to CEQA Guideline 15061(b)(3) of No Possibility these actions may have a significant effect on the environment. 2. Award a ten year agreement to Mid Valley Recycling, LLC (Mid Valley), to process 50 percent of the City’s Co-mingled Recyclables (recyclables) at an indexed rate paid per ton to the City. 3. Award a ten year agreement to Cedar Avenue Recycling and Transfer Station, LP (CARTS), to process 50 percent of the City’s recyclables at an indexed rate paid per ton to the City. Sponsors: City Councilmember Brandau 4. SCHEDULED COUNCIL HEARINGS AND MATTERS 9:45 A.M. JOINT MEETING OF SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, CITY (IN ITS CAPACITY AS HOUSING SUCCESSOR), AND FRESNO REVITALIZATION CORPORATION ID16-105 Actions pertaining to the sale of excess property at Fulton and Inyo Streets: 1. Approve a Purchase and Sale Agreement between the Successor Agency and the City of Fresno, for property located on 829 Fulton (APN 468-282-05T), 835 Fulton (APN 468-282-22T), and the Parking Lot on the northwest corner of Fulton/Inyo Streets (APN APN 468-282-23T). 2. Approve a Disposition and Development Agreement between the City of Fresno, the City as the Housing/Successor Agency to the City of Fresno, and Noyan Frazier Capital, LLC. Sponsors: Successor Agency to the Redevelopment Agency of the City of Fresno City of Fresno ***Subject to Mayoral Veto Page 8 City Council Meeting Agenda - Final February 25, 2016 ID16-225 Approval of a Purchase and Sale Agreement between the City of Fresno and APEC International, LLC, for the Sale of a portion of an abandoned street right-of-way on the east side of “H” Street at the Broadway Street alignment in Downtown Fresno (Council action) Sponsors: Successor Agency to the Redevelopment Agency of the City of Fresno ADJOURN JOINT MEETING 10:00 A.M.#1 ID16-205 Presentation by Associated Students, Inc. (ASI) of California State University Fresno (CSUF) to discuss Sierra Madre Sponsors: Council President Caprioglio 10:00 A.M.#2 ID16-179 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) 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 2015-2016 and Future Tax Years Within and Relating to Community Facilities District No. 11, Annexation No. 65, Final Tract Map No. 6104 Sponsors: Public Works Department 10:15 A.M. ID16-109 HEARING to consider the 2016 Weed Abatement Program and Adoption of an Ordinance approving the 2016 Weed Abatement Program (City wide) 1. BILL - (For introduction) - Relating to the Annual Weed Abatement Program City of Fresno ***Subject to Mayoral Veto Page 9 City Council Meeting Agenda - Final February 25, 2016 Sponsors: Development and Resource Management Department 11:00 A.M. ID16-212 CONTINUED HEARING to consider adoption of resolution designating the Parkside Dairy/Golden State Company (Central Valley Cheese Buildings) located at 450 E. Belmont Avenue, Fresno to the Local Register of Historic Resources (Council District 3) Continued from January 28, 2016 1. *** 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 1:30 P.M.#1 ID16-245 Appearance by J.D. McCubbin to discuss whether or not the Fresno Police Department’s record system is working and the consequences CONTESTED CONSENT CALENDAR CEREMONIAL PRESENTATIONS ID16-195 Recitation of the Declaration of Independence by Nathan Bond 1. Proclamation of “NATHAN BOND” Day Sponsors: City Councilmember Olivier ID16-208 Proclamation of “NATIONAL ENTREPRENEURSHIP WEEK” Sponsors: Mayor's Office ID16-220 Proclamation of “BLACK HISTORY MONTH” Sponsors: City Councilmember Baines III ID16-224 Proclamation of “SUPPORT BLUE FRESNO DAY” Sponsors: Council President Caprioglio ID16-239 Proclamation of “Haron Jaguar 70th Anniversary” Sponsors: Vice President Quintero City of Fresno ***Subject to Mayoral Veto Page 10 City Council Meeting Agenda - Final February 25, 2016 ID16-253 Proclamation of “FRESNO HIGH SCHOOL CHEER DAY” Sponsors: City Councilmember Soria 5. CLOSED SESSION 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 MARCH 3, 2016 - 8:30 A.M. - MEETING MARCH 10, 2016 - NO MEETING MARCH 17, 2016 - 1:30 P.M. MEETING 2:00 P.M. - HEARING to consider Rezone Application No. R-15-010 filed by Brandon Broussard of Yamabe & Horn Engineering, on behalf of Leland Parnagian of G3 Development Company, for approximately 95.02 acres of property located on the northwest corner of South East and East Central Avenues (Council District 3) – Development and Resource Management Department MARCH 24, 2016 - NO MEETING 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) APRIL 14, 2016 10:00 A.M. HEARING - Regarding the vacation of a public utility easement in the previously vacated East Geary Avenue, between South Plumas and South Walnut Avenues (Council District 3) City of Fresno ***Subject to Mayoral Veto Page 11 City Council Meeting Agenda - Final February 25, 2016 APRIL 28, 2016 10:00 A.M. - HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding City of Fresno Community District No. 11, Annexation No. 67 (Final Tract Map No. 6097) (area east of North Fowler Avenue, between East Clinton and Princeton Avenues) (Council District 4) 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 MARCH 3 - 2016 - 8:30 A.M. MEETING MARCH 10 - 2016 - NO MEETING MARCH 17 - 2016 - 1:30 P.M. MEETING MARCH 24 - 2016 - NO MEETING MARCH 31 - 2016 - 8:30 A.M. MEETING City of Fresno ***Subject to Mayoral Veto Page 12

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