City Council

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, March 17, 2016 1:30 PM Council Chambers Regular Session The City Council met in regular session in the Council Chamber, City Hall, on the date and time above written. 3:23 P.M. ROLL CALL - The meeting began at 1:36 P.M. with all Councilmembers present but roll was called after the ceremonial presentations at 3:23 P.M. 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 Michele Racusin of an Episcopal Church located on Alluvial Avenue Pledge of Allegiance to the Flag CEREMONIAL PRESENTATIONS ID16-300 Fresno City Council “2016 Women of the Year” Proclamations Council District 1: Josephine Kiran - Sponsor Councilmember Soria Council District 2: Ann Kloose - Sponsor Councilmember Brandau Council District 3: Felicia Quarles Treadwell - Sponsor City of Fresno ***Subject to Mayoral Veto Page 1 City Council Meeting Minutes - Final March 17, 2016 Councilmember Baines Council District 4: Mary Castro- Sponsor Council President Caprioglio Council District 5: Dorothy Manjarrez- Sponsor Vice President Quintero Council District 6: Nancy Walker- Sponsor Councilmember Brand Council District 7: Pastor Ann Lopez- Sponsor Councilmember Olivier PRESENTED ID16-306 Proclamation of “WOMEN’S HISTORY MONTH” NOT PRESENTED ID16-307 Recognition of Central High School Boys Basketball Team - Division I Valley Champions; and Central High School Girls Golf Team Valley Champions PRESENTED ID16-215 Proclamation of “NATIONAL NUTRITION MONTH” PRESENTED ID16-219 Fresno EOC Sanctuary and Youth Services celebrates a Proclamation of “NATIONAL SAFE PLACE WEEK” - March 20-26, 2016 PRESENTED Councilmember Olivier exited the Council Chamber at 3:05 P.M. and returned at 3:25 P.M. APPROVE AGENDA City Clerk Spence announced the following changes to the agenda: City Council item 3-A (ID 16-274) regarding taxicabs was removed from the agenda by Councilmember Olivier; the 2:30 P.M.#2 Scheduled Matter was an appearance by Jeffery T. Roberts of Granville Homes, and; Closed session items ID 16-314 and ID 16-316 regarding labor negotiations were continued to March 31, 2016 by City Manger Rudd. APPROVED AS AMENDED On motion of Councilmember Soria, seconded by Councilmember City of Fresno ***Subject to Mayoral Veto Page 2 City Council Meeting Minutes - Final March 17, 2016 Brand, the AGENDA was approved as amended. The motion carried by the following vote: Aye: 6 - Caprioglio, Quintero, Baines III, Brand, Brandau and Soria Absent: 1 - Olivier APPROVE MINUTES ID16-142 Approval of minutes from March 3, 2016 On motion of President Caprioglio, seconded by Vice President Quintero, 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 Baines commented on the Reading Heart program by nine year old Danay Ferguson. The program was an attempt to collect 500,000 books for young people to read and would set a world record for books collected. He explained that with each five dollar donation, Ms. Ferguson would be able to provide four books. The drive would be held between Friday, March 18 at 3p.m. and Saturday, March 19 at 3 p.m.. Councilmember Baines pledged $500 to the Reading Heart program and challenged the other Councilmembers and the Mayor to match his donation. Councilmember Baines confirmed that Ms. Ferguson would also accept book donations. Councilmember Olivier commented on the need to level the playing field for the taxi industry in light of the threat posed by ride sharing apps like Uber and Lyft. He clarified that he was not suggesting regulations to Uber and Lyft but instead he was suggesting the City cut the "red tape" for Taxi companies in order to make them competitive. Councilmember Olivier called the following Taxi industry representatives to speak on the issue: Al Makki of Bulldog Cab, Mario Soto of Fresno Cab and Juan Bejar of Taxi Azteca. The speakers stated they could not compete with ride sharing apps under the current regulations placed on taxis. The speakers noted they were required to wait at least two months to hire drivers when Uber and Lyft could hire people the same day. Councilmember Soria reported she was accepting the challenge by Councilmember Baines and would donate $500 to the Reading Heart City of Fresno ***Subject to Mayoral Veto Page 3 City Council Meeting Minutes - Final March 17, 2016 program. Councilmember Soria reported that she and Councilmember Baines would host a public safety community meeting in the Tower District on Monday, March 28. She noted the residents in that neighborhood had concerns about increasing crime in the area. The meeting would take place at Heaton Elementary from 6:00 P.M. to about 7:30 P.M. and the City Manager and Chief of Police would be in attendance. President Caprioglio announced that the Council meeting would be adjourned in the memory of Fresno Fire Captain Daniel Lopez-Galvan who passed away during an off duty accident at his home. President Caprioglio reported on the Best of the Valley Restaurant Awards. He said Fresno had outstanding restaurants and entrepreneurs that were, "putting Fresno on the map." President Caprioglio congratulated all the restaurants and noted that John Harris won the main award. President Caprioglio reported that he and other Councilmembers participated in the Kids Day newspaper drive that benefited Valley Children's Hospital. He thanked the sponsors that helped and urged people to continue to donate to the hospital. President Caprioglio congratulated the Fresno State (California State University, Fresno) men's basketball team on their recent victory. He asked everyone to support the Bulldogs in the NCAA tournament and announced that the team would be playing at 4:30 P.M. that day. Councilmember Baines III exited the Council Chamber at 3:40 P.M. and returned at 3:44 P.M. 1. CONSENT CALENDAR APPROVAL OF THE CONSENT CALENDAR Councilmember Soria moved Consent Calendar item 1-I (ID 16-275) to the Contested Consent Calendar for further discussion. Councilmember Brandau moved Consent Calendar item 1-H (ID 16-273) to the Contested Consent Calendar for further discussion. On motion of Councilmember Brandau, seconded by President Caprioglio, the balance of the CONSENT CALENDAR was hereby adopted by the following vote: Aye: 6 - Caprioglio, Quintero, Brand, Brandau, Olivier and Soria City of Fresno ***Subject to Mayoral Veto Page 4 City Council Meeting Minutes - Final March 17, 2016 Absent: 1 - Baines III 1-A ID16-191 RESOLUTION - Of Intention to annex Final Tract Map No. 6097, Annexation No. 67, to the City of Fresno Community Facilities District No. 11 (an area located near the east of North Fowler Avenue between East Clinton and Princeton Avenues) (Council District 4) RESOLUTION 2016-35 ADOPTED The above item was approved on the Consent Calendar. 1-B ID16-209 Adopt Resolution of Intention No. 1103-D to vacate alleys south of East Franklin Avenue between North Broadway Avenue and State Route Freeway 180 (Council District 3) APPROVED The above item was approved on the Consent Calendar. 1-C ID16-288 Approve a three-year License Agreement with Cumulus Media Inc. for use of Rotary Amphitheater for ten events each year APPROVED The above item was approved on the Consent Calendar. 1-D ID16-180 Actions pertaining to the City’s Housing Opportunities for Persons with AIDS (HOPWA) Program: 1. Approve Agreement with WestCare California for HOPWA Program funding in the amount of $371,645; and 2. Approve Agreement with Fresno Housing Authority for HOPWA Program funding in the amount of $11,494 APPROVED The above item was approved on the Consent Calendar. 1-E ID16-193 Actions pertaining to Right-of-Way Acquisition for the Copper Avenue Trail Project; 1. Adopt the Categorical Exemption Environmental Assessment No. EA 12-012, dated February 2, 2016. 2. Approve the acquisition of 16,088 square feet of a pedestrian easement and 6,534 square feet of temporary construction easement from property owned by the Petrosino family (APN 579-074-30S) in the amount of $82,200 for the construction of a multi-purpose trail along Copper Avenue from Maple to City of Fresno ***Subject to Mayoral Veto Page 5 City Council Meeting Minutes - Final March 17, 2016 Chestnut Avenues. (Council District 6) APPROVED The above item was approved on the Consent Calendar. 1-F ID16-238 Award a Requirements Contract for linen & dust control services at Various City Facilities in the amount of $108,707.77 for three (3) years with an option for one (1) three-year (3) year extension to Aramark Uniform & Career Apparel, LLC. Of Fresno, CA (Citywide) Bid File No. 9354 APPROVED The above item was approved on the Consent Calendar. 1-G ID16-262 RESOLUTION - Approving the Final Map of Tract No. 6104 and accepting dedicated public uses offered therein-south side of E. Fancher Creek Drive, between S. Sunnyside Avenue and S. Purdue Avenue (Council District 5) RESO 2016-36 ADOPTED The above item was approved on the Consent Calendar. 1-H ID16-273 RESOLUTION - Authorizing submittal of applications for payment programs and related authorizations for California Department of Resources Recycling and Recovery (CalRecycle), for which the City of Fresno is eligible The above item was moved to the Contested Consent Calendar by Councilmember Brandau for further discussion. 1-I ID16-275 Approve a contract with Elite Maintenance and Tree Service in the amount of $304,795.69 to provide median island landscape maintenance services (Citywide) The above item was moved to the Contested Consent Calendar by Councilmember Soria for further discussion. 1-J ID16-276 Approve Lease Amendment No. 2 between the City of Fresno and John Tomaino an individual D.B.A. American Helicopters at Fresno Chandler Executive Airport (FCH) (Council District 3) APPROVED The above item was approved on the Consent Calendar. City of Fresno ***Subject to Mayoral Veto Page 6 City Council Meeting Minutes - Final March 17, 2016 1-K ID16-281 RESOLUTION - Authorizing the submission of an application for grant funds from the California Department of Transportation 2016 Systemic Safety Analysis Report Program “Call for Applications” and authorizing the execution of all application related documents by the Public Works Director or designees (Citywide) RESO 2016-37 ADOPTED The above item was approved on the Consent Calendar. 1-L ID16-282 Approve License Amendment No. 4 between the City of Fresno and Bank of America, National Association, for automated teller services at Fresno Yosemite International Airport (FAT). (Council District 4) APPROVED The above item was approved on the Consent Calendar. 1-M ID16-284 Approve Amendment No. 8 to Agreement between City of Fresno and ERM-West, Inc., (ERM) to provide ongoing engineering, environmental and remedial actions concerning groundwater contamination at Fresno Yosemite International Airport (FAT) for an amount not to exceed $254,700 APPROVED The above item was approved on the Consent Calendar. 1-N ID16-286 Actions pertaining to updating proprietary hardware and software on passenger boarding bridges at Fresno Yosemite International Airport (Council District 4) 1. Adopt a finding of Categorical Exemption pursuant to Article 19, Section 15301(d) (Existing Facilities), Class 1 of the California Environmental Quality Act (CEQA) Guidelines for the Fresno Yosemite International Airport - Passenger Boarding Bridge Update Project. 2. RESOLUTION - Authorizing the Director of Aviation to execute a contract with John Bean Technologies Corporation, dba JBT AeroTech, for the purchase and installation of HMI controller upgrade kits for six (6) passenger boarding bridges at Fresno Yosemite International Airport without advertised competitive bidding under the sole source exception. 3. Award a contract to John Bean Technologies Corporation, City of Fresno ***Subject to Mayoral Veto Page 7 City Council Meeting Minutes - Final March 17, 2016 dba JBT AeroTech, to update six (6) passenger boarding bridges at Fresno Yosemite International Airport, in the amount of $368,950.24. RESO 2016-38 ADOPTED The above item was approved on the Consent Calendar. 1-O ID16-312 Approve Amended Employment Agreement of City Clerk APPROVED The above item was approved on the Consent Calendar. 1-P ID16-313 Approve Amended Employment Agreement of City Attorney. APPROVED The above item was approved on the Consent Calendar. 4. SCHEDULED COUNCIL HEARINGS AND MATTERS 2:00 P.M. ID16-237 HEARING to consider Rezone Application No. R-15-010 and related Environmental Assessment 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 S. East and E. Central Avenues (Council District 3) a. Adopt a Finding of Conformity to the Fresno General Plan Master Environmental Impact Report as Environmental Assessment No. R-15-010 dated December 18, 2015. b. BILL (For introduction and adoption) - Approving Rezone Application No. R-15-010 requesting authorization to prezone the entirety of the subject property from the AL-20 (Agricultural Limited, 20 Acres - Fresno County) and AE-20 (Agricultural Exclusive, 20 Acres - Fresno County) zone districts to the IL/UGM (Light Industrial/Urban Growth Management) and IH/UGM (Heavy Industrial/Urban Growth Management) zone districts. The above hearing was called to order at 3:50 P.M. Development and Resources Management ("DARM") Supervising Planner Contreras introduced the above item to Council. City of Fresno ***Subject to Mayoral Veto Page 8 City Council Meeting Minutes - Final March 17, 2016 Upon call for public comment, the following people addressed Council: Barbara Hunt - complained that Southeast Fresno and Northeast Fresno were not properly identified by the City. Also complained that Council needed to engage in discussion about the above item during the meeting and not just blindly approve the staff recommendation. Leland Parnagian of G3 Development Company (project applicant) - stated the project was meant to get the land ready for future development and was a continuation of what his family did at the the North Point Business Park. Public comment was closed at 3:55 P.M. The above hearing was closed at 3:57 P.M. BILL B-8 INTRODUCED AND ADOPTED AS ORDINANCE 2016-8 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 2:30 P.M.#1 ID16-299 Appearance by Jeffrey T. Roberts on behalf of Granville Homes to request two impact fee waivers for S-15-109 (1752 “L” Street) and S-15-108 (1743 “L” Street) Mr. Roberts appeared and addressed Council. The following member(s) of the public also spoke on this item: Terance Frazier of TFS Investments, LLC and Barbara Hunt. APPEARED 2:30 P.M.#2 ID16-304 Request Council prepare a letter of support for the proposed mixed use project located at the southwest corner of N. Blackstone Avenue and E. Clinton Avenue (3.5 acres) Mr. Roberts appeared and addressed Council. City of Fresno ***Subject to Mayoral Veto Page 9 City Council Meeting Minutes - Final March 17, 2016 The following member(s) of the public also spoke on this item: Barbara Hunt and Terance Frazier of TFS Investments, LLC President Caprioglio noted, for the record, that scheduled appearances were not action items and public comment was normally not allowed. APPEARED Councilmember Baines III exited the Council Chamber at 4:34 P.M. and returned at 4:37 P.M. 2. GENERAL ADMINISTRATION 2-A ID16-241 Submission and Acceptance of City of Fresno Comprehensive Annual Financial Report (CAFR) and the Comprehensive Annual Debt Report (CADR) for Fiscal Year 2015 The above item was introduced to Council by Finance Director Lima. The following member(s) of the public spoke on this item: Barbara Hunt. REPORT ACCEPTED On motion of Councilmember Brand, seconded by Councilmember Olivier, the above item was approved. The motion carried by the following vote: Aye: 6 - Caprioglio, Quintero, Brand, Brandau, Olivier and Soria Absent: 1 - Baines III 2-B ID16-228 Award a Contract to Steve Dovali Construction in the amount of $976,329.45 to construct well site improvements at Pump Stations (PS) 250A, 236A and 52A (Citywide) The above item was introduced to Council by Public Utilities Supervising Engineering Technician Bucu. The following member(s) of the public spoke on this item: Barbara Hunt. Councilmember Soria stated, for the record, that staff must attached all contracts to staff reports submitted to Council for review, even if the item utilizes a standardized contract. APPROVED City of Fresno ***Subject to Mayoral Veto Page 10 City Council Meeting Minutes - Final March 17, 2016 On motion of Councilmember Brand, 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 ID16-244 Award a purchase contract in the amount of $356,060.25 to Herwaldt Automotive for the purchase of OEM police motorcycles - City-wide bid file 9340 The above item was introduced to Council by Transportation Director Marshall. The following member(s) of the public spoke on this item: Barbara Hunt. APPROVED On motion of Councilmember Brand, 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-D ID16-243 Actions pertaining to the Fort Washington Neighborhood 8” Water Main Project in the vicinity of N. Millbrook Avenue and E. Plymouth Way - Bid File 3353 (County of Fresno) 1. Adopt a finding of Categorical Exemption per staff determination, pursuant to Section 15302(c) Class 2 of the CEQA Guidelines, for the Fort Washington Neighborhood 8” Water Main Project in the vicinity of N. Millbrook Avenue and E. Plymouth Way 2. Award a Construction Contract to West Valley Construction Company of San Jose, California in the amount of $2,748,788 as the lowest responsive, responsible bidder for the Fort Washington Neighborhood 8” Water Main Project in the vicinity of N. Millbrook Avenue and E. Plymouth Way and authorize the Public Works Director or designee to sign a contract on behalf of the City The above item was introduce to Council by Public Works Design Services Manager Goonawardena. City Manager Rudd and Public Works Assistant Director Andersen also spoke on this item. City of Fresno ***Subject to Mayoral Veto Page 11 City Council Meeting Minutes - Final March 17, 2016 The following member(s) of the public spoke on this item: Barbara Hunt. APPROVED On motion of Councilmember Brand, seconded by Councilmember Olivier, the above item was approved. The motion carried by the following vote: Aye: 4 - Caprioglio, Quintero, Brand and Olivier No: 3 - Baines III, Brandau and Soria 4. SCHEDULED COUNCIL HEARINGS AND MATTERS CONTINUED 3:00 P.M. CONTESTED CONSENT CALENDAR 1-I ID16-275 Approve a contract with Elite Maintenance and Tree Service in the amount of $304,795.69 to provide median island landscape maintenance services (Citywide) The above item was introduced to Council by Public Works Manager Aguirre. City Manager Rudd also spoke on this item. Councilmember Soria directed staff to attach contracts to all future staff reports, even when a standard contract is used. APPROVED On motion of President Caprioglio, 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 No: 1 - Soria 1-H ID16-273 RESOLUTION - Authorizing submittal of applications for payment programs and related authorizations for California Department of Resources Recycling and Recovery (CalRecycle), for which the City of Fresno is eligible The above item was introduced to Council by Public Utilities Assistant Director Schuber. City of Fresno ***Subject to Mayoral Veto Page 12 City Council Meeting Minutes - Final March 17, 2016 RESOLUTION 2016-39 ADOPTED On motion of Councilmember Brandau, 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. GENERAL ADMINISTRATION CONTINUED 2-E ID16-257 Authorize the Public Works Director to enter into Sixth and Seventh Amendments to a Reimbursement Agreement with the California High-Speed Rail Authority (CHSRA) in substantially the form presented, for the purposes of increasing the contract amount to develop and implement a series of cooperative agreements, and extending the contract end date by twelve months to December 31, 2017. (Council Districts 1, 2 & 3) The above item was introduced to Council by Public Works Assistant Director Benelli. The following member(s) of the public spoke on this item: Barbara Hunt. APPROVED 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 2-F ID16-285 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 City of Fresno ***Subject to Mayoral Veto Page 13 City Council Meeting Minutes - Final March 17, 2016 Cultural Arts District Park Project The above item was introduced to Council by Parks, After School, Recreation and Community Services ("PARCS") Director Mollinedo. The following member(s) of the public spoke on this item: Barbara Hunt. City Manager Rudd called Jeff Roberts of Granville Homes to the podium to discuss Darius Assemi's pledge for Granville Homes' 2 year maintenance of the park. APPROVED On motion of Councilmember Baines III, seconded by Councilmember Brandau, the above item was approved. The motion carried by the following vote: Aye: 7 - Caprioglio, Quintero, Baines III, Brand, Brandau, Olivier and Soria 3. CITY COUNCIL 3-A ID16-274 BILL - (For introduction) - Amending Section 9-907 and Section 9-918 of the Fresno Municipal Code, relating to taxicabs The above item was removed from the agenda by Councilmember Olivier. 3-B ID16-309 Actions pertaining to the Economic Expansion Act: 1. ***RESOLUTION - Adopting the Economic Expansion Act 2. BILL (For introduction) - Amending subsection (a) of Section 12-4.1404 of the Fresno Municipal Code relating to the exemption from payment of fees for certain types of businesses 3. ***RESOLUTION - Amending a policy to reduce or eliminate selected citywide impact fees for industrial and large office development projects that create new jobs, increase assessed property valuation, and promote economic development The above item was introduced to Council by Councilmember Brand. The following member(s) of the public spoke on this item: Nathan Ahle, Fresno Chamber of Commerce President and CEO; Barbara Hunt, and; Jeff Roberts of Granville Homes. Councilmember Brand motioned to approve the item and Councilmember Oliver seconded the motion. City of Fresno ***Subject to Mayoral Veto Page 14 City Council Meeting Minutes - Final March 17, 2016 Councilmember Soria proposed the following friendly amendments to this item: 1) Requested the hotel incentive remain focused on the downtown area and not applied City side. 2) Requested the proposal to incentivize larger professional offices be focused only on areas that need additional economic development such as downtown. 3) Requested a provision be included that requires at least 50% of jobs created be local in order for companies to receive the capital investment / project revenue sharing incentive on page twelve. 4) Requested that Council approval be required for subsidies in excess of $500,000 instead of the higher amount listed on page thirteen. 5) Requested that the requirement that the City Council approve letters of support for other indirect financial incentives for tax credits (page 13) be removed. Councilmember Brand clarified that the provision only applied to proposers that applied for subsidies. Upon clarification, Councilmember Soria removed this proposed amendment but suggested the language be changed to make it clear that it was only applicable to people seeking subsidies. 6) Requested that Central Unified School District be added to the economic incentive (number eight) on the career technical education, mentioned in the executive summary. Councilmember Brand and his second, Councilmember Olivier rejected friendly amendment 1 regarding hotel incentives. Councilmember Brand and his second, Councilmember Olivier rejected friendly amendment 2 regarding professional offices. Councilmember Brand and his second, Councilmember Olivier agreed to friendly amendment 3 regarding adding a provision calling for 50% of the created jobs to be local. Councilmember Brand and his second, Councilmember Olivier rejected City of Fresno ***Subject to Mayoral Veto Page 15 City Council Meeting Minutes - Final March 17, 2016 friendly amendment 4 regarding the lowering of the subsidy to $500,000 to trigger an approval by Council. Councilmember Brand and his second, Councilmember Olivier, rejected friendly amendment 5 regarding indirect financial incentives and letters of support for tax credits. Councilmember Brand and his second, Councilmember Olivier, agreed to friendly amendment 6 regarding the inclusion of Central Unified School District. Councilmembers Brand and Olivier also included Clovis Unified School District to the amendment. RESOLUTION 2016-40 ADOPTED (with amendments to the attachment) BILL B-9 INTRODUCED AS AMENDED AND LAID OVER RESOLUTION 2016-41 ADOPTED On motion of Councilmember Brand, seconded by Councilmember Olivier, the above item was approved as amended. The motion carried by the following vote: Aye: 6 - Caprioglio, Quintero, Baines III, Brand, Brandau and Olivier No: 1 - Soria UNSCHEDULED COMMUNICATION The following members of the public addressed Council during Unscheduled Communication: Tamara Algots - discussed sexual assault and the effect it has had on her and the need for training of city Police Officers , especially in the Tower District. Councilmember Soria informed Ms. Algots that a proclamation regarding sexual assault would be read during the April 28 Council Meeting. Barbara Hunt - discussed: Councilmembers being rude for not paying attention to her during unscheduled communication; invalid elections for Southwest Fresno being labeled as Southeast Fresno, and; Mayor Swearengin giving a billion dollars to "medical people" and St. Agnes. City of Fresno ***Subject to Mayoral Veto Page 16 City Council Meeting Minutes - Final March 17, 2016 3. CITY COUNCIL CONTINUED 3-C ID16-315 BILL (for introduction) - Amending Section 3-102 of the Fresno Municipal Code concerning employment outside city service. The above item was introduced to Council by Councilmember Soria. BILL B-10 INTRODUCED AND LAID OVER On motion of Councilmember Soria, seconded by Councilmember Brandau, the above Bill was introduced and laid over. The motion carried by the following vote: Aye: 7 - Caprioglio, Quintero, Baines III, Brand, Brandau, Olivier and Soria 5. CLOSED SESSION The City Council met in Closed Session in Room 2125 from 6:40 P.M. to 6:45 P.M. to discuss the following: ID16-199 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Government Code Section 54956.9, subdivision (d)(2) Significant Exposure to Litigation: 1. Sierra Mountain Construction, Inc. v. City of Fresno The above item was discussed during Closed Session. No Open Session announcement was made regarding this item. DISCUSSED ID16-314 CONFERENCE WITH LABOR NEGOTIATOR - Government Code Section 54957.6 City Negotiator(s): Ken Phillips, Jeff Cardell Employee Organization(s): 1. IUOE, Stationary Engineers, Local 39 (L39) 2 Fresno City Employees Association (FCEA) 3. Fresno Police Officers Association (FPOA Basic) 4. International Association of Firefighters, Local 753 (Fire Basic) 5. Amalgamated Transit Union, Local 1027 (ATU) 6. International Brotherhood of Electrical Workers, Local 100 (IBEW) City of Fresno ***Subject to Mayoral Veto Page 17 City Council Meeting Minutes - Final March 17, 2016 7. Fresno Police Officers Association (FPOA Management) 8. International Association of Firefighters, Local 753 (Fire Mgmt) 9. City of Fresno Professional Employees Association (CFPEA) 10. City of Fresno Management Employees Association (CFMEA) 11. Fresno Airport Public Safety Supervisors (FAPSS) The above Closed Session item was continued to March 31, 2016 by the City Manager. ID16-316 CONFERENCE WITH LABOR NEGOTIATORS - Government Code Section 54957.6 City Negotiator(s): Paul Caprioglio, Bruce Rudd, Jeffrey Cardell. Douglas Sloan, Yvonne Spence Unrepresented Employees in Unit 2 (Non-Represented Management and Confidential Classes): Airport Public Safety Manager Assistant City Attorney Assistant City Manager Assistant Controller Assistant Director Assistant Director of Personnel Services Assistant Director of Public Utilities Assistant Director of Public Works Assistant Police Chief Assistant Retirement Administrator Budget Analyst Budget Manager Chief Assistant City Attorney Chief Information Officer Chief of Staff to the Mayor City Attorney City Clerk City Engineer City Manager Community Coordinator Community Outreach Specialist Controller Council Assistant Deputy City Attorney II Deputy City Attorney III City of Fresno ***Subject to Mayoral Veto Page 18 City Council Meeting Minutes - Final March 17, 2016 Deputy City Manager Director Director of Aviation Director of Development Director of Personnel Services Director of Public Utilities Director of Transportation Economic Development Coordinator Economic Development Director Executive Assistant to Department Director Executive Assistant to the City Manager Fire Chief Governmental Affairs Manager Human Resources Manager Independent Reviewer Internal Auditor Labor Relations Manager Labor Relations Secretary Payroll Accountant Payroll Manager Police Chief Principal Budget Analyst Principal Internal Auditor Public Affairs Officer Public Works Director Redevelopment Administrator Retirement Administrator Risk/Safety Manager Senior Budget Analyst Senior Deputy City Attorney Senior Human Resources/Risk Analyst Supervising Deputy City Attorney Sponsors: Personnel Services Department The above Closed Session item was continued to March 31, 2016 by the City Manager. ADJOURNMENT Adjourned from Closed Session at 6:45 P.M. in memory of Fresno Fire Captain Daniel Lopez-Galvan. City of Fresno ***Subject to Mayoral Veto Page 19 City Council Meeting Minutes - Final March 17, 2016 The above minutes were approved by unanimous vote of the City Council during the March 31, 2016 City Council meeting with President Caprioglio absent. City of Fresno ***Subject to Mayoral Veto Page 20