City Council
Regular MeetingFresno, CA · February 25, 2016
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
Get email alerts for Fresno
A daily email when new agendas and minutes are posted.