City Council
Regular MeetingFresno, CA · March 31, 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, March 31, 2016 8:30 AM Council Chambers
Regular Session
8:36 A.M. ROLL CALL
Present: 6 - Vice President Sal Quintero
Councilmember Oliver L. Baines III
Councilmember Lee Brand
Councilmember Steve Brandau
Councilmember Clinton Olivier
Councilmember Esmeralda Soria
Absent: 1 - President Paul Caprioglio
Invocation by Pastor Tirso Gonzales
Pledge of Allegiance to the Flag
Councilmember Baines III exited the Council Chamber at 8:41 A.M. and returned at
8:42 A.M.
APPROVE AGENDA
City Clerk Spence announced the following changes to the agenda:
Consent Calendar item 1-I (File ID16-337) was changed so the title would
read "Actions related to storm water runoff and recharge evaluation in the
Downtown Cultural Arts District (Council District 3) 1. Approve a
professional service agreement with Blair, Church and Flynn to evaluate
storm water runoff and groundwater recharge potential in the downtown
Cultural Arts District. 2. ***RESOLUTION - 35th amendment to the Annual
Appropriation Resolution (AAR) No. 2015-104 to appropriate $50,000 to
City of Fresno ***Subject to Mayoral Veto Page 1
City Council Meeting Minutes - Final March 31, 2016
fund the storm water and recharge evaluation"; Consent Calendar item 1-I
(File ID16-337) recommendation was corrected to remove the phrase
"amendment to the existing" so that recommendation number one read
"Approve an agreement with Blair, Church, and Flynn (BCF) to evaluate
storm water runoff and groundwater recharge potential in the Cultural Arts
District; and authorize the Public Works Director or designee to execute the
agreement."; General Administration item 2-E (File ID16-280) was continued
to April 21, 2016 by staff; City Council Items 3-B (File ID 16-362) and 3-C
(File ID 16-363) would be heard no earlier than 11:00 A.M.
APPROVED AS AMENDED
On motion of Councilmember Brand, seconded by Councilmember
Soria, the agenda was approved as amended. The motion carried by
the following vote:
Aye: 5 - Quintero, Brand, Brandau, Olivier and Soria
Absent: 2 - Caprioglio and Baines III
APPROVE MINUTES
ID16-143 Approval of minutes from March 17, 2016
On motion of Councilmember Soria, seconded by Councilmember
Brandau, the minutes were approved. The motion carried by the
following vote:
Aye: 6 - Quintero, Baines III, Brand, Brandau, Olivier and Soria
Absent: 1 - Caprioglio
COUNCILMEMBER REPORTS AND COMMENTS
Councilmember Soria reported that March 26 was District One's second
annual Women's History Month and eight women from the district were
recognized for their work transforming neighborhoods.
Councilmember Soria reported she and Councilmember Baines III hosted a
Tower District neighborhood meeting to address public safety concerns on
March 28. City Manager Rudd and Police Chief Dyer participated and there
were more than 300 residents in attendance. Councilmember Soria noted
that people in the area were interested in a follow up meeting in the next few
months. She also noted that the press reported that a police satellite office
would be located in the Tower District Theatre. She said that the location
had not been been finalized and suggested to City Manager Rudd that
City of Fresno ***Subject to Mayoral Veto Page 2
City Council Meeting Minutes - Final March 31, 2016
things should be clarified. City Manager Rudd said he would discuss the
situation with Chief Dyer because, until the meeting, he was unaware that a
satellite office was planned for the Tower District. Councilmember Soria
said the residents reacted positively to the announcement and said she
wanted to work with the administration to make a satellite office a reality by
August.
Councilmember Soria reported on the Power the Tower event held on March
29. The event was a partnership with California State University, Fresno
and the Environmental Defense Fund. A grant was provided for researchers
and a pilot study to help Tower District businesses save money on their
electric bills and to power businesses with clean, renewable and affordable
energy technology. Many businesses attended the event.
Councilmember Soria reported that the Capital Project Oversight Board
meeting was scheduled for Monday, April 4th at 5:30 P.M.. She announced
that the agenda would include a workshop on Bus Rapid Transit and an
update on the City's water project.
Vice President Quintero reported on his attendance at the Downtown
Association's State of Downtown address at Warnors Theatre on March 30,
2016. He congratulated Councilmember Baines for his work with the various
downtown organizations in making improvements in the area.
1. CONSENT CALENDAR
Councilmember Soria stated she was voting "No" vote on Consent Calendar
item 1-D (File ID16-348).
Councilmember Baines announced the following correction to Consent
Calendar item 1-K (File ID16-361): Lydia Zabrycki was a Private Sector Joint
City/County Appointee not a Public Sector Joint City/County Appointee.
APPROVAL OF THE CONSENT CALENDAR
On motion of Councilmember Soria, seconded by Vice President
Quintero, the CONSENT CALENDAR was hereby adopted by the
following vote:
Aye: 6 - Quintero, Baines III, Brand, Brandau, Olivier and Soria
Absent: 1 - Caprioglio
City of Fresno ***Subject to Mayoral Veto Page 3
City Council Meeting Minutes - Final March 31, 2016
1-A ID16-290 Adopt Resolution of Intention No. 1104-D to vacate a public
utility easement in the previously vacated E. Geary Avenue,
between S. Plumas and S. Walnut Avenues (Council District 3)
APPROVED
The above item was approved on the Consent Calendar.
1-B ID16-333 Reject all bids received for the purchasing of a NexION 350D
Inductively Coupled Plasma Mass Spectrometry instrument for
the Wastewater Management Division Laboratory (Bid File No.
3424) (Council District 3)
APPROVED (bids rejected)
The above item was approved on the Consent Calendar.
1-C ID16-334 Approve the Agreement for the pre-purchase of a Granulated
Activated Carbon Filter Odor Control System from Pure Air
Filtration in the amount of $349,900 for future installation for the
Headworks Facility at the Fresno-Clovis Regional Wastewater
Reclamation Facility (Bid File 3442) (Council District 3)
APPROVED
The above item was approved on the Consent Calendar.
1-D ID16-348 Action pertaining to the Economic Expansion Act:
1. ***BILL NO. B-9 - (Intro. 3/17/2016) (For adoption) -
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
ORDINANCE 2016-9 ADOPTED
The above item was approved on the Consent Calendar with
Councilmember Soria voting "No."
1-E ID16-350 ***BILL NO. B-10 - (Intro. 3/17/2016) (For adoption) - Amending
Section 3-102 of the Fresno Municipal Code concerning
employment outside city service
ORDINANCE 2016-10 ADOPTED
The above item was approved on the Consent Calendar.
City of Fresno ***Subject to Mayoral Veto Page 4
City Council Meeting Minutes - Final March 31, 2016
1-F ID16-357 Approve the appointments of Stacy Vaillancourt to the Fresno
Housing Authority and Marina Harutyunyan to the Housing and
Community Development Commission
APPROVED
The above appointments were approved on the Consent Calendar.
1-G ID16-289 Approve an agreement with TAM+CZ, Architecture, Planning,
Interiors, LLP, of Fresno, CA in the amount of $51,000 with a
contingency amount not to exceed $5,500 for the design of
plans, cost estimates and general construction documents for
the Veterans Memorial Auditorium Stage Rigging Linesets and
Grid Framing project (Council District 3)
APPROVED
The above item was approved on the Consent Calendar.
1-H ID16-311 Annual update of citywide priority ranking lists for new traffic
signal installations and traffic signal left turn phasing
modifications.
APPROVED
The above item was approved on the Consent Calendar.
1-I ID16-337 Actions related to the 100-year floodplain in the Downtown
Cultural Arts District (Council Districts 3)
1. Approve a professional service agreement with Blair, Church
and Flynn to evaluate storm water runoff and groundwater
recharge potential in the Downtown Cultural Arts District.
2. ***RESOLUTION - 35th amendment to the Annual
Appropriation Resolution (AAR) No. 2015-104 to appropriate
$50,000 to fund the storm water and recharge evaluation
(Requires 5 affirmative votes).
RESOLUTION 2016-42 ADOPTED
The above item was approved on the Consent Calendar.
City of Fresno ***Subject to Mayoral Veto Page 5
City Council Meeting Minutes - Final March 31, 2016
1-J ID16-360 Approve the reappointments of Councilmember Baines, Paul
Bauer, Fely Guzman, Richard Keyes, Scott Miller, Tommie
Nellon, Aric Olson and Tom Richards to the Fresno Regional
Workforce Development Board
APPROVED
The above appointments were approved on the Consent Calendar.
1-K ID16-361 Approve the public sector member to the Fresno Regional
Workforce Development Board to be concurrently appointed by
both the City of Fresno and the Council of Fresno. Approve the
following appointments:
Lydia Zabrycki, Tom Abshere, Lacy Barnes, Tony Canales,
David Mercer, Chuck Riojas, Bret Slusser, Frank Gornick, Andre
Pecina, Lee Ann Eager, Adrianna Kuhnle, Aracelli Holland and
Delfino Neira
APPROVED
The above appointments were approved on the Consent Calendar.
2. GENERAL ADMINISTRATION
2-B ID16-331 Action pertaining to the construction of South Industrial
Collection System Infrastructure Project (Bid File 3435) (Council
District 3 and Fresno County)
1. ***RESOLUTION - 34th Amendment to the Annual
Appropriation Resolution No. 2015-104 appropriating
$1,860,000 for the Construction of South Industrial Collection
System Infrastructure Project (Requires 5 affirmative votes)
2. Award a construction contract in the amount of $5,089,853 to
Emmett’s Excavation Inc. of Fresno, California
3. Approve the Agreement for Repair of Fresno County roads
for the Construction of South Industrial Collection System
Infrastructure Project
The above item was introduced to council by Public Utilities Supervising
Professional Engineer Norgaard.
RESOLUTION 2016-43 ADOPTED
On motion of Councilmember Brandau, seconded by Councilmember
Brand, the above item was approved. The motion carried by the
following vote:
City of Fresno ***Subject to Mayoral Veto Page 6
City Council Meeting Minutes - Final March 31, 2016
Aye: 6 - Quintero, Baines III, Brand, Brandau, Olivier and Soria
Absent: 1 - Caprioglio
2-A ID16-233 Approve construction Change Order No. 1 for the City of
Fresno’s 80-Million Gallon per Day Southeast Surface Water
Treatment Facility to reduce the lump sum scope of work by
$1,153,313, establish a $1,000,000 Supplemental Work
Payment line item, and add a value-engineering procedure to
the Contract (Citywide).
The above item was introduced to Council by Public Utilities Director
Esqueda.
APPROVED
On motion of Councilmember Brandau, seconded by Councilmember
Olivier, the above item was approved. The motion carried by the
following vote:
Aye: 6 - Quintero, Baines III, Brand, Brandau, Olivier and Soria
Absent: 1 - Caprioglio
Councilmember Brand exited the Council Chamber at 9:02 A.M. and returned at 9:09
A.M.
Councilmember Olivier exited the Council Chamber at 9:04 and returned at 9:07 A.M.
2-C ID16-332 Approve the Agreement for the pre-purchase of a Biotrickling
Filter Odor Control System from Evoqua Water Technologies in
the amount of $2,543,000 for future installation for the
Headworks Facility at the Fresno-Clovis Regional Wastewater
Reclamation Facility (Bid File 3443) (Council District 3)
The above item was introduced to Council by Public Utilities Supervising
Professional Engineer Norgaard.
APPROVED
On motion of Vice President Quintero, seconded by Councilmember
Soria, the above item was approved. The motion carried by the
following vote:
Aye: 4 - Quintero, Baines III, Brandau and Soria
Absent: 3 - Caprioglio, Brand and Olivier
City of Fresno ***Subject to Mayoral Veto Page 7
City Council Meeting Minutes - Final March 31, 2016
3. CITY COUNCIL
3-A ID16-356 Council Boards and Commissions Communications, Reports,
Assignments and/or Appointments, Reappointments, Removals
to/from City and non-City Boards and Commissions:
1. Council of Governments - Swearengin-Ex-Officio
(Olivier-Alternate)
2. Finance and Audit Committee - Brand, Olivier, Brandau
3. Fresno Area Workforce Investment Corporation - Baines
4. Fresno County Transportation Authority (FCTA) -
Swearengin, Brandau
5. Fresno Regional Workforce Investment Board - Baines,
Renena Smith
6. Fresno County Zoo Authority - Swearengin
(Baines-Alternate)
7. Fresno Madera Area Agency on Aging Board - Olivier
8. Joint Powers Financing Authority - Baines, Brandau,
Swearengin
9. San Joaquin River Conservancy Board - Swearengin
(Brandau-Alternate)
10. Association for the Beautification of Highway 99 - Baines
11. Upper Kings Basin Integrated Regional Water
Management JPA - Brandau (Soria, Georgeanne White and
Thomas Esqueda - Alternates)
12. Economic Development Corporation Serving Fresno
County - Brandau-Ex-Officio, City Manager Bruce Rudd and
(Baines - Alternate)
13. League of California Cities (Annual Meeting) - Swearengin
(Olivier-Alternate)
14. San Joaquin Valley Air Pollution Control District - Baines
15. Litigation Exposure Reduction Ad Hoc Committee -
Brandau, Caprioglio
16. Convention Center Oversight Advisory Board - Baines,
(Brand-Alternate), City Manager, SMG
General Manager and one representative from each of SMG’s
organizations
17. Sub- Committee on Transportation - Baines, Caprioglio,
Soria
18. Code Enforcement Sub-Committee - Baines, Olivier, and
Caprioglio
19. Enterprise and Construction Management Oversight
City of Fresno ***Subject to Mayoral Veto Page 8
City Council Meeting Minutes - Final March 31, 2016
Board - Councilmember Soria
20. Fresno- Clovis Metropolitan Solid Waste Commission-
JPA - Brandau, Soria, (vacant - appoint one more member)
21. School Liaison Sub-Committee - Soria - Chair, Olivier,
Baines
Councilmember Baines III reported on the activity of the San Joaquin Valley
Air Pollution Control District Board. He and the board recently lobbied in
Washington D.C. for modernization of the Clean Air Act by making a few
common sense revisions. He reported that legislation was introduced to
accept the proposed revisions the week following his trip. Councilmember
Baines III said he would attend the House Committee Hearing scheduled for
April 14, 2016.
REPORTS MADE
3-D ID16-369 RESOLUTION - To initiate an amendment to Fresno General
Plan Policy RC-9-C pursuant to Fresno Municipal Code Section
15-5803-C
Councilmember Brandau announced that he was continuing the above item
to an unspecified date.
CONTINUED TO DATE UNCERTAIN
UNSCHEDULED COMMUNICATION
Upon call, no member of the public chose to address Council during
Unscheduled Communication.
5. CLOSED SESSION
The City Council met in Closed Session in Room 2125 from 9:12 A.M. to
10:47 A.M. to discuss the following:
ID16-367 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)
City of Fresno ***Subject to Mayoral Veto Page 9
City Council Meeting Minutes - Final March 31, 2016
6. International Brotherhood of Electrical Workers, Local 100
(IBEW)
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 discussed and continued to later in the
day.
ID16-368 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
City of Fresno ***Subject to Mayoral Veto Page 10
City Council Meeting Minutes - Final March 31, 2016
Deputy City Attorney II
Deputy City Attorney III
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 discussed and continued to later in the
day.
Vice President Quintero did not re-enter the Council Chamber following the Closed
Session and was absent until 1:37 P.M.
City of Fresno ***Subject to Mayoral Veto Page 11
City Council Meeting Minutes - Final March 31, 2016
2. GENERAL ADMINISTRATION CONTINUED
2-D ID16-265 Actions pertaining to the award of a sole source service contract
to Intrado, Inc. (“Intrado”) (Citywide):
1. Award a contract in the amount of $132,000 over five years
to Intrado, Inc., for Beware browser-based software to extract
information from public and commercial sources applicable to 9-
1-1 calls, providing law enforcement with location-based,
incident-related information.
2. *** RESOLUTION - 32nd Amendment to the Annual
Appropriation Resolution (AAR) No. 2015-104 appropriating
$28,000 into the Police Department’s FY 2016 budget under the
2014 State Homeland Security Grant Program (Requires 5
affirmative votes).
The above item was introduced to Council by Police Chief Dyer. City
Manager Rudd also spoke on this item.
The following members of the public spoke on this item: Bryson White of
Faith and Community; Pastor Booker T. Lewis of Rising Star Ministry Baptist
Church; Letitia Harris; Reverend Chris Breedlove of Community United
Church of Christ; Katie Hymans; Noel Riggins; JePahl White, and; Rick
Morse.
Councilmember Brandau called Pastor Lewis to the podium for additional
questions.
Councilmember Brandau motioned to deny the staff recommendation.
Councilmember Olivier seconded the motion.
Councilmember Soria and Councilmember Olivier called Michael Lee,
Intrado Vice President of Sales, to the podium for questions.
Councilmember Soria directed staff to bring forth a policy or ordinance to
implement safeguards that would make the public more comfortable with the
use of the Intrado software. She directed staff to include the community in
the creation of the policy or ordinance.
City Manager Rudd asked the Councilmembers to assist with the scheduling
of community meetings in each district, within sixty days, so the public could
be more involved in the Intrado discussion and could also participate in the
City of Fresno ***Subject to Mayoral Veto Page 12
City Council Meeting Minutes - Final March 31, 2016
creation of a policy or ordinance.
City Manager Rudd clarified with Council that if the staff recommendation
was denied, then the Police Department would stop using the Intrado
software until the item was brought back with safeguard policies in place.
REJECTED
On motion of Councilmember Brandau, seconded by Councilmember
Olivier, the above item was rejected. The motion carried by the
following vote:
Aye: 5 - Baines III, Brand, Brandau, Olivier and Soria
Absent: 2 - Caprioglio and Quintero
RECESSED 12:12 P.M. to 1:37 P.M.
1:30 P.M.
4. SCHEDULED COUNCIL HEARINGS AND MATTERS
CONTESTED CONSENT CALENDAR
No items were moved to the Contested Consent Calendar.
CEREMONIAL PRESENTATIONS
ID16-189 Proclamation Recognizing Brigadier General Robert F. Titus.
PRESENTED
ID16-346 Proclamation Recognizing Brigadier General Clay L. Garrison .
PRESENTED
ID16-336 “Recognition of BNCP Neighborhood Participants”
PRESENTED
ID16-354 Proclamation of “CESAR CHAVEZ DAY”
PRESENTED
ID16-359 Proclamation of “Transgender Day of Visibility”
PRESENTED
City of Fresno ***Subject to Mayoral Veto Page 13
City Council Meeting Minutes - Final March 31, 2016
2. GENERAL ADMINISTRATION CONTINUED
2-E ID16-280 Award a three-year contract in the amount of $508,640 to Turbo
Data Systems, Inc. for parking citation services with the option
of up to four (4) two-year extensions.
The above item was continued to April 21, 2016 by staff.
2-F ID16-283 Award a sole source contract for predictive policing software to
PredPol, Inc. (“PredPol”), for a term of one year in the amount of
$80,000, with options for two one-year extensions.
The above item was introduced to Council by Police Chief Dyer.
The following member of the public spoke on this item: Noel Riggins.
Councilmember Baines III directed staff to review the software with Council
after six months of use.
APPROVED
On motion of Councilmember Brandau, seconded by Councilmember
Baines III, the above item was approved. The motion carried by the
following vote:
Aye: 6 - Quintero, Baines III, Brand, Brandau, Olivier and Soria
Absent: 1 - Caprioglio
3. CITY COUNCIL CONTINUED
3-B ID16-362 BILL - (For introduction) - Amending Subsection (b) and adding
Subsection (c) to Section 4-113 of the Fresno Municipal Code,
relating to utilization of apprentices.
Councilmember Baines III introduced the above item (3-B) to Council
concurrently with City Council Item 3-C (File ID 16-363).
City Attorney Sloan clarified that no vote was required for an introduction
and votes for introduction were usually done to test what kind of support an
item will have when it returns to Council for adoption.
The following member of the public spoke on this item: Nicole Goehring.
BILL B-11 INTRODUCED AND LAID OVER
City of Fresno ***Subject to Mayoral Veto Page 14
City Council Meeting Minutes - Final March 31, 2016
3-C ID16-363 BILL - (For introduction) - Adding Section 4-117 to the Fresno
Municipal Code relating to National Targeted Hiring in contracts
for any Public Work of Improvement
Councilmember Baines III introduced the above item (3-C) to Council
concurrently with City Council Item 3-B (File ID 16-362).
City Attorney Sloan clarified that no vote was required for an introduction
and votes for introduction were usually done to test what kind of support an
item will have when it returns to Council for adoption.
The following member of the public spoke on this item: Nicole Goehring.
BILL B-12 INTRODUCED AND LAID OVER
5. CLOSED SESSION CONTINUED
The City Council resumed Closed Session in Room 2125 from 2:41 P.M. to
3:39 P.M. to discuss the following:
ID16-367 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)
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 item was discussed during Closed Session. No Open Session
announcement was made regarding this item.
City of Fresno ***Subject to Mayoral Veto Page 15
City Council Meeting Minutes - Final March 31, 2016
DISCUSSED
ID16-368 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
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
City of Fresno ***Subject to Mayoral Veto Page 16
City Council Meeting Minutes - Final March 31, 2016
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 item was discussed during Closed Session. No Open Session
announcement was made regarding this item.
DISCUSSED
ADJOURNMENT
Adjourned from closed session at 3:39 P.M.
The above minutes were approved by unanimous vote of the City Council during
the April 21, 2016 City Council meeting with Councilmember Baines III absent.
City of Fresno ***Subject to Mayoral Veto Page 17
Agenda
City of Fresno
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
Meeting Agenda - Final-revised
Thursday, March 31, 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 - March 31, 2016
Final-revised
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 - March 31, 2016
Final-revised
8:30 A.M. ROLL CALL
Invocation by Pastor Tirso Gonzales
Pledge of Allegiance to the Flag
APPROVE AGENDA
APPROVE MINUTES
ID16-143 Approval of minutes from March 17, 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 ID16-290 Adopt Resolution of Intention No. 1104-D to vacate a public
utility easement in the previously vacated E. Geary Avenue,
between S. Plumas and S. Walnut Avenues (Council District
3)
Sponsors: Public Works Department
1-B ID16-333 Reject all bids received for the purchasing of a NexION 350D
Inductively Coupled Plasma Mass Spectrometry instrument
for the Wastewater Management Division Laboratory (Bid
File No. 3424) (Council District 3)
Sponsors: Department of Public Utilities
1-C ID16-334 Approve the Agreement for the pre-purchase of a Granulated
Activated Carbon Filter Odor Control System from Pure Air
Filtration in the amount of $349,900 for future installation for
the Headworks Facility at the Fresno-Clovis Regional
Wastewater Reclamation Facility (Bid File 3442) (Council
District 3)
City of Fresno ***Subject to Mayoral Veto Page 3
City Council Meeting Agenda - March 31, 2016
Final-revised
Sponsors: Department of Public Utilities
1-D ID16-348 Action pertaining to the Economic Expansion Act:
1. ***BILL NO. B-9 - (Intro. 3/17/2016) (For adoption) -
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
Sponsors: City Councilmember Brand
1-E ID16-350 ***BILL NO. B-10 - (Intro. 3/17/2016) (For adoption) -
Amending Section 3-102 of the Fresno Municipal Code
concerning employment outside city service
Sponsors: City Councilmember Soria
1-F ID16-357 Approve the appointments of Stacy Vaillancourt to the
Fresno Housing Authority and Marina Harutyunyan to the
Housing and Community Development Commission
Sponsors: Mayor's Office
1-G ID16-289 Approve an agreement with TAM+CZ, Architecture,
Planning, Interiors, LLP, of Fresno, CA in the amount of
$51,000 with a contingency amount not to exceed $5,500 for
the design of plans, cost estimates and general construction
documents for the Veterans Memorial Auditorium Stage
Rigging Linesets and Grid Framing project (Council District
3)
Sponsors: Public Works Department
1-H ID16-311 Annual update of citywide priority ranking lists for new traffic
signal installations and traffic signal left turn phasing
modifications.
Sponsors: Public Works Department
1-I ID16-337 Actions related to storm water runoff and recharge
evaluation in the Downtown Cultural Arts District (Council
District 3)
1. Approve a professional service agreement with Blair,
Church and Flynn to evaluate storm water runoff and
groundwater recharge potential in the Downtown Cultural
Arts District.
2. ***RESOLUTION - 35th amendment to the Annual
City of Fresno ***Subject to Mayoral Veto Page 4
City Council Meeting Agenda - March 31, 2016
Final-revised
Appropriation Resolution (AAR) No. 2015-104 to appropriate
$50,000 to fund the storm water and recharge evaluation
(Requires 5 affirmative votes).
Sponsors: Public Works Department
1-J ID16-360 Approve the reappointments of Councilmember Baines, Paul
Bauer, Fely Guzman, Richard Keyes, Scott Miller, Tommie
Nellon, Aric Olson and Tom Richards to the Fresno Regional
Workforce Development Board
Sponsors: Mayor's Office
1-K ID16-361 Approve the public sector member to the Fresno Regional
Workforce Development Board to be concurrently appointed
by both the City of Fresno and the Council of Fresno.
Approve the following appointments:
Lydia Zabrycki, Tom Abshere, Lacy Barnes, Tony Canales,
David Mercer, Chuck Riojas, Bret Slusser, Frank Gornick,
Andre Pecina, Lee Ann Eager, Adrianna Kuhnle, Aracelli
Holland and Delfino Neira
Sponsors: Council President Caprioglio
2. GENERAL ADMINISTRATION
2-A ID16-233 Approve construction Change Order No. 1 for the City of
Fresno’s 80-Million Gallon per Day Southeast Surface Water
Treatment Facility to reduce the lump sum scope of work by
$1,153,313, establish a $1,000,000 Supplemental Work
Payment line item, and add a value-engineering procedure
to the Contract (Citywide).
Sponsors: Department of Public Utilities
2-B ID16-331 Action pertaining to the construction of South Industrial
Collection System Infrastructure Project (Bid File 3435)
(Council District 3 and Fresno County)
1. ***RESOLUTION - 34th Amendment to the Annual
Appropriation Resolution No. 2015-104 appropriating
$1,860,000 for the Construction of South Industrial Collection
System Infrastructure Project (Requires 5 affirmative votes)
2. Award a construction contract in the amount of
$5,089,853 to Emmett’s Excavation Inc. of Fresno, California
3. Approve the Agreement for Repair of Fresno County
City of Fresno ***Subject to Mayoral Veto Page 5
City Council Meeting Agenda - March 31, 2016
Final-revised
roads for the Construction of South Industrial Collection
System Infrastructure Project
Sponsors: Department of Public Utilities
2-C ID16-332 Approve the Agreement for the pre-purchase of a Biotrickling
Filter Odor Control System from Evoqua Water Technologies
in the amount of $2,543,000 for future installation for the
Headworks Facility at the Fresno-Clovis Regional
Wastewater Reclamation Facility (Bid File 3443) (Council
District 3)
Sponsors: Department of Public Utilities
2-D ID16-265 Actions pertaining to the award of a sole source service
contract to Intrado, Inc. (“Intrado”) (Citywide):
1. Award a contract in the amount of $132,000 over five
years to Intrado, Inc., for Beware browser-based software to
extract information from public and commercial sources
applicable to 9-1-1 calls, providing law enforcement with
location-based, incident-related information.
2. *** RESOLUTION - 32nd Amendment to the Annual
Appropriation Resolution (AAR) No. 2015-104 appropriating
$28,000 into the Police Department’s FY 2016 budget under
the 2014 State Homeland Security Grant Program (Requires
5 affirmative votes).
Sponsors: Police Department
2-E ID16-280 Award a three-year contract in the amount of $508,640 to
Turbo Data Systems, Inc. for parking citation services with
the option of up to four (4) two-year extensions.
Sponsors: Development and Resource Management Department
2-F ID16-283 Award a sole source contract for predictive policing software
to PredPol, Inc. (“PredPol”), for a term of one year in the
amount of $80,000, with options for two one-year extensions.
Sponsors: Police Department
3. CITY COUNCIL
3-A ID16-356 Council Boards and Commissions Communications,
Reports, Assignments and/or Appointments,
Reappointments, Removals to/from City and non-City Boards
City of Fresno ***Subject to Mayoral Veto Page 6
City Council Meeting Agenda - March 31, 2016
Final-revised
and Commissions:
1. Council of Governments - Swearengin-Ex-Officio
(Olivier-Alternate)
2. Finance and Audit Committee - Brand, Olivier,
Brandau
3. Fresno Area Workforce Investment Corporation -
Baines
4. Fresno County Transportation Authority (FCTA) -
Swearengin, Brandau
5. Fresno Regional Workforce Investment Board -
Baines, Renena Smith
6. Fresno County Zoo Authority - Swearengin
(Baines-Alternate)
7. Fresno Madera Area Agency on Aging Board - Olivier
8. Joint Powers Financing Authority - Baines, Brandau,
Swearengin
9. San Joaquin River Conservancy Board - Swearengin
(Brandau-Alternate)
10. Association for the Beautification of Highway 99 -
Baines
11. Upper Kings Basin Integrated Regional Water
Management JPA - Brandau (Soria, Georgeanne White and
Thomas Esqueda - Alternates)
12. Economic Development Corporation Serving Fresno
County - Brandau-Ex-Officio, City Manager Bruce Rudd and
(Baines - Alternate)
13. League of California Cities (Annual Meeting) -
Swearengin (Olivier-Alternate)
14. San Joaquin Valley Air Pollution Control District -
Baines
15. Litigation Exposure Reduction Ad Hoc Committee -
Brandau, Caprioglio
16. Convention Center Oversight Advisory Board - Baines,
(Brand-Alternate), City Manager, SMG
General Manager and one representative from each of
SMG’s organizations
17. Sub- Committee on Transportation - Baines,
Caprioglio, Soria
18. Code Enforcement Sub-Committee - Baines, Olivier,
and Caprioglio
City of Fresno ***Subject to Mayoral Veto Page 7
City Council Meeting Agenda - March 31, 2016
Final-revised
19. Enterprise and Construction Management Oversight
Board - Councilmember Soria
20. Fresno- Clovis Metropolitan Solid Waste Commission-
JPA - Brandau, Soria, (vacant - appoint one more member)
21. School Liaison Sub-Committee - Soria - Chair, Olivier,
Baines
Sponsors: Council President Caprioglio
3-B ID16-362 BILL - (For introduction) - Amending Subsection (b) and
adding Subsection (c) to Section 4-113 of the Fresno
Municipal Code, relating to utilization of apprentices.
Sponsors: City Councilmember Baines III
3-C ID16-363 BILL - (For introduction) - Adding Section 4-117 to the
Fresno Municipal Code relating to National Targeted Hiring
in contracts for any Public Work of Improvement
Sponsors: City Councilmember Baines III
3-D ID16-369 RESOLUTION - To initiate an amendment to Fresno General
Plan Policy RC-9-C pursuant to Fresno Municipal Code
Section 15-5803-C
Sponsors: City Councilmember Brandau
1:30 P.M.
4. SCHEDULED COUNCIL HEARINGS AND MATTERS
CONTESTED CONSENT CALENDAR
CEREMONIAL PRESENTATIONS
ID16-189 Proclamation Recognizing Brigadier General Robert F. Titus.
Sponsors: Mayor's Office and Council President Caprioglio
ID16-336 “Recognition of BNCP Neighborhood Participants”
Sponsors: Mayor's Office
ID16-346 Proclamation Recognizing Brigadier General Clay L.
Garrison .
Sponsors: Council President Caprioglio and Mayor's Office
City of Fresno ***Subject to Mayoral Veto Page 8
City Council Meeting Agenda - March 31, 2016
Final-revised
ID16-354 Proclamation of “CESAR CHAVEZ DAY”
Sponsors: City Councilmember Soria
ID16-359 Proclamation of “Transgender Day of Visibility”
Sponsors: City Councilmember Soria
5. CLOSED SESSION
ID16-367 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)
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)
Sponsors: Personnel Services Department
ID16-368 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
City of Fresno ***Subject to Mayoral Veto Page 9
City Council Meeting Agenda - March 31, 2016
Final-revised
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
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
City of Fresno ***Subject to Mayoral Veto Page 10
City Council Meeting Agenda - March 31, 2016
Final-revised
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
Sponsors: Personnel Services Department
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
APRIL 14, 2016 - NO MEETING
APRIL 21, 2016 - MEETING START AT 10:00 A.M.
10:00 A.M. - CONTINUED HEARING - Regarding the vacation of the alleys south
of E. Franklin Avenue between N. Broadway Avenue and State Route 180 (Council
District 3) (Continued from April 14, 2016)
APRIL 21, 2016
5:00 P.M. - CONTINUED HEARING regarding the - Housing Element - Plan
City of Fresno ***Subject to Mayoral Veto Page 11
City Council Meeting Agenda - March 31, 2016
Final-revised
Amendment No. A-16-001 (Continued from April 14, 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 N. Fowler Avenue, between E.
Clinton and Princeton Avenues) (Council District 4)
APRIL 28, 2016
10:15 A.M.- HEARING - Regarding the vacation of a public utility easement in the
previously vacated East Geary Avenue, between S. Plumas and S. Walnut
Avenues (Council District 3)
May 19, 2016
2:00 P.M.#1 - HEARING re: City of Fresno Community District No. 11, Annexation
No. 68 (Final Tract Map No. 6095) (east side of S. Armstrong Avenue between E
Church and California Avenues)
MAY 19, 2016
2:00 P.M.#2 - HEARING - Re City of Fresno Community District No. 11,
Annexation No. 69 (Final Tract Map No. 5595) (area bounded by W. Spruce
Avenue, N. Thiele Avenue and W. Farrington Avenue, north of W. Herndon
Avenue) (Council District 2)
May 19, 2016
2:00 P.M.#3 - HEARING - Regarding City of Fresno Community District No. 11,
Annexation No. 70 (Final Tract Map No. 6067) (east side of N. Locan Avenue
between E. Shields and Dakota Avenues) (Council District 4)
May 19, 2016
2:00 P.M.#4 - HEARING 2:00 PM - Re: City of Fresno Community District No. 9,
Annexation No. 10 (Conditional Use Permit Application No. 2015-137) (Southeast
corner of North Fresno and East Herndon Avenues ) (Council District 6)
May 19, 2016
2:15 P.M. - HEARING - Regarding the vacation of a portion of North Ninth Street
south of East Dakota Avenue (Council District 4)
UPCOMING EMPLOYEE CEREMONIES
APRIL 21, 2016 -1:30 P.M. - Employee of the Spring Quarter Ceremony
City of Fresno ***Subject to Mayoral Veto Page 12
City Council Meeting Agenda - March 31, 2016
Final-revised
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
APRIL 7, 2016 - NO MEETING
APRIL 14, 2016 - NO MEETING
APRIL 21, 2016 - 8:30 A.M. MEETING
APRIL 28, 2016 - 8:30 A.M. MEETING
City of Fresno ***Subject to Mayoral Veto Page 13
Get email alerts for Fresno
A daily email when new agendas and minutes are posted.