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City Council

Regular Meeting

Fresno, CA · May 19, 2016

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Minutes

City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Meeting Minutes - Final City Council President - Paul Caprioglio Vice President - Sal Quintero Councilmembers: Oliver L. Baines, III, Lee Brand, Steve Brandau, Clinton J. Olivier, Esmeralda Z. Soria City Manager - Bruce Rudd City Attorney - Douglas T. Sloan City Clerk - Yvonne Spence, CMC Thursday, May 19, 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. 1:34 P.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 Northpointe Church Associate Pastor, Ben Koole Pledge of Allegiance to the Flag CEREMONIAL PRESENTATIONS ID16-287 Special Appearance by Members of the Cast from NEW WRINKLES and Presentation of a Proclamation of “NEW WRINKLES DAY” PRESENTED ID16-372 Proclamation of “TEEN PREGNANCY PREVENTION” PRESENTED City of Fresno ***Subject to Mayoral Veto Page 1 City Council Meeting Minutes - Final May 19, 2016 ID16-479 Proclamation of “MASJID FRESNO ISLAMIC CENTER DAY” PRESENTED ID16-564 Proclamation for “LARRY ARCE DAY,” Chief Executive Officer of the Fresno Rescue Mission. PRESENTED ID16-576 Proclamation of “NATIONAL PUBLIC WORKS WEEK” PRESENTED ID16-590 Presentation by SOUL Charter School Students on the need for a four-way stop at Calaveras and N Streets PRESENTED APPROVE AGENDA City Clerk Spence announced the 2:30 P.M. Scheduled Matter regarding Business Friendly Fresno (ID 16-579) had been removed from the agenda by staff and would be rescheduled. APPROVED AS AMENDED On motion of Councilmember Soria, seconded by Councilmember Baines III, the agenda was approved as amended. The motion carried by the following vote: Aye: 7 - Caprioglio, Quintero, Baines III, Brand, Brandau, Olivier and Soria APPROVE MINUTES ID16-147 Approval of minutes from May 12, 2016 APPROVED On motion of Councilmember Soria, seconded by Councilmember Brandau, the above minutes were 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 2 City Council Meeting Minutes - Final May 19, 2016 COUNCILMEMBER REPORTS AND COMMENTS Vice President Quintero reported the second annual Senior Spring Fling took place at the Mosqueda Community Center. The event was an information and resource fair in which more than forty resource tables were available for the 450 to 500 seniors in attendance. He noted that everyone had a great time and that the event included live music, raffle prizes and food. He thanked the sponsors for their hard work including the Parks, After School, Recreation and Community Service ("PARCS") Department and the Fresno Madera Area Agency on Aging. He also thanked Brenda Rapada for helping organize the event. Councilmember Brandau reported his attendance at the Bicycle and Pedestrian Action Plan event hosted by the Public Works Department at the Fair Grounds. He said it was a well attended event and announced there would be a second event at Fresno City College later in the evening. Councilmember Brandau announced that it was the 100th anniversary of the Greek genocide and asked that the meeting be adjourned in the memory of the Greek genocide. Councilmember Soria asked that Council adjourn in the memory of Maria Gutiérrez. She remembered Ms. Gutiérrez as an advocate for the Central Valley that did a lot of work with the Latino community and also advocated on water issues. She was originally from Los Angeles and worked for Univision approximately 28 years. She will be missed. Councilmember Soria reported that she held her Coffee in the Tower event at Cup of Joy. Approximately 25 residents attend the event and a number of neighborhood issues were discussed. She plans on discussing some of the issues with the City Manager. Her constituents provided their thoughts on what should be budget priorities for the city. Councilmember Soria thanked the Public Works Department and Director Mozier for help getting a bike land put in down Ashlan. 1. CONSENT CALENDAR Councilmember Soria moved Consent Calendar item 1-F (ID 16-546) to the Contested Consent Calendar for further discussion. APPROVAL OF THE CONSENT CALENDAR City of Fresno ***Subject to Mayoral Veto Page 3 City Council Meeting Minutes - Final May 19, 2016 On motion of Councilmember Baines III, seconded by Councilmember Soria, the Consent Calendar was approved by the following vote: Aye: 7 - Caprioglio, Quintero, Baines III, Brand, Brandau, Olivier and Soria 1-A ID16-506 Actions pertaining to Amendment No. 2 to the Rimini Street, Inc. Services Agreement 1. ***RESOLUTION - 45th amendment to the Annual Appropriation Resolution (AAR) No. 2015-104 appropriating $100,800 for an increase to the Rimini Street, Inc. Services Agreement fee (Requires 5 affirmative votes) 2. Approve Amendment No. 2 to the Rimini Street, Inc. Services Agreement. RESOLUTION 2016-76 ADOPTED The above item was approved on the Consent Calendar. 1-B ID16-521 RESOLUTION - Approving the Final Map of Tract No. 6087 and accepting dedicated public uses offered therein - northwest corner of North Chestnut Avenue and East Copper Avenue (Council District 6) RESOLUTION 2016-77 ADOPTED The above item was approved on the Consent Calendar. 1-C ID16-525 Approve Amendment to the Agreement with Partners in Control, Inc., dba Enterprise Automation for work required to successfully complete the upgrade to City of Fresno’s Northeast Surface Water Treatment Facility Vijeo CitectSCADA in the amount not to exceed $340,280 which includes a $50,000 contingency (Citywide). APPROVED The above item was approved on the Consent Calendar. 1-D ID16-539 Actions pertaining to Community Facilities District No. 11 as it relates to Final Tract Map 5595 1. RESOLUTION - Rescinding Resolution No. 2016-45 to annexing territory to Community Facilities District No. 11 as it relates 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) City of Fresno ***Subject to Mayoral Veto Page 4 City Council Meeting Minutes - Final May 19, 2016 2. RESOLUTION - Of Intention to annex Final Tract Map No. 5595, Annexation No. 69, to the City of Fresno Community Facilities District No. 11 (area bounded by W. Spruce Avenue, N. Thiele Avenue and W. Farrington Avenue, north of W. Herndon Avenue) (Council District 2) RESOLUTION 2016-78 ADOPTED RESOLUTION 2016-79 ADOPTED The above item was approved on the Consent Calendar. 1-E ID16-544 Approve Amendment No. I to the HOME Investment Partnerships (HOME) Program, Community Housing Development Organization (CHDO) Agreement with Habitat for Humanity Fresno, Inc., granting a time extension for the completion of the Laval/Belgravia Single-Family Housing project APPROVED This Action Item was approved on the Consent Calendar. 1-F ID16-546 Approve a Joint Use Agreement with Fresno Unified School District pertaining to the City’s Weekend Community Open Space Program The above item was moved to the Contested Consent Calendar for further discussion by Councilmember Soria. 1-G ID16-551 Second Amendment to Consultant Service Agreement with Highland Consulting in the amount of $42,000 for ongoing and new railroad related Public Works projects. APPROVED The above item was approved on the Consent Calendar. 1-H ID16-552 Approval of a Purchase Agreement between Westervelt Ecological Services, LLC and the City of Fresno, for the purchase of wetland conservation credits from the Grasslands Mitigation Bank in the amount of $153,000, in support of construction of a turnout/diversion facility associated with the Kings River Pipeline project, to be constructed in Fresno Irrigation District’s Fresno Canal (Council District 5, County). APPROVED The above item was approved on the Consent Calendar. City of Fresno ***Subject to Mayoral Veto Page 5 City Council Meeting Minutes - Final May 19, 2016 1-I ID16-562 ***RESOLUTION - 42nd Amendment to the Annual Appropriation Resolution (AAR) No. 2015-104 to appropriate $103,900 for preliminary costs related to the Orange Center School and Daleville water line connection projects (Council Districts 3 and 5) (Requires 5 affirmative votes) RESOLUTION 2016-80 ADOPTED The above item was approved on the Consent Calendar. 1-J ID16-565 ***RESOLUTION -47th amendment to the Annual Appropriation Resolution (AAR) No. 2015-104 appropriating $60,000 for topographic survey and initial design work for three Midtown Trail segments including Clovis Avenue, McKinley Avenue and the Herndon Canal (Requires 5 affirmative votes) RESOLUTION 2016-81 ADOPTED The above item was approved on the Consent Calendar. 1-K ID16-593 ***BILL NO. B-14 - (Re-Introduced as amended on 5/12/2016) (For adoption) - Amending Article 7 of Chapter 10 of the Fresno Municipal Code relating to Management of Real Property. ORDINANCE 2016-16 ADOPTED The above item was approved on the Consent Calendar. 3. SCHEDULED COUNCIL HEARINGS AND MATTERS Councilmember Brandau exited the Council Chamber at 2:49 P.M. and returned at 3:13 P.M. Councilmember Olivier exited the Council Chamber at 2:49 P.M. and returned at 3:15 P.M. Councilmember Soria exited the Council Chamber at 2:51 P.M. and returned at 2:54 P.M. 2:00 P.M.#2 ID16-499 HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding City of Fresno Community Facilities District No. 11, Annexation No. 68 (Final Tract Map No. 6095) (east side of South Armstrong Avenue between East Church and California Avenues) (Council District 5) 1. RESOLUTION - Annexing Territory to Community Facilities District No. 11 and Authorizing the Levy of a Special Tax City of Fresno ***Subject to Mayoral Veto Page 6 City Council Meeting Minutes - Final May 19, 2016 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. 68, Final Tract Map No. 6095 The above hearing was called to order at 2:49 P.M. The item was introduced to Council by Public Works Assistant Director, Benelli. Upon call for public comment, no member of the public chose to address Council and public comment was closed. The hearing was closed at 2:51 P.M. RESOLUTION 2016-82 ADOPTED RESOLUTION 2016-83 ADOPTED RESOLUTION 2016-84 ADOPTED BILL B-18 INTRODUCED AND ADOPTED AS ORDINANCE 2016-17 On motion of Vice President Quintero, seconded by Councilmember Baines III, the above item was approved. The motion carried by the following vote: Aye: 4 - Caprioglio, Quintero, Baines III and Brand Absent: 3 - Brandau, Olivier and Soria 2:00 P.M.#3 ID16-501 HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding City of Fresno Community Facilities 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) 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. 70, Final Tract Map No. 6067 City of Fresno ***Subject to Mayoral Veto Page 7 City Council Meeting Minutes - Final May 19, 2016 The above hearing was called to order at 2:51 P.M. The item was introduced to Council by Public Works Assistant Director, Benelli. Upon call for public comment the following person addressed Council: Bob Harp - expressed uncertainty as to how a city could tax new homes for things the city should be providing such as light. Mr. Harp also discussed the Comprehensive Annual Financial Report and the need for the City to save water. Public comment and the hearing were closed at 2:56 P.M. RESOLUTION 2016-85 ADOPTED RESOLUTION 2016-86 ADOPTED RESOLUTION 2016-87 ADOPTED BILL B-19 INTRODUCED AND ADOPTED AS ORDINANCE 2016-18 On motion of President Caprioglio, seconded by Councilmember Brand, the above item was approved. The motion carried by the following vote: Aye: 5 - Caprioglio, Quintero, Baines III, Brand and Soria Absent: 2 - Brandau and Olivier 2:00 P.M.#4 ID16-523 RESOLUTION - Approving the Final Map of Tract No. 6067 and accepting dedicated public uses offered therein - east side of North Locan Avenue between East Shields Avenue and East Dakota Avenue Alignment (Council District 4) The above hearing was called to order at 2:56 P.M. The item was introduced to Council by Public Works Supervising Engineering Technician, Bartel. Upon call for public comment, no member of the public chose to address Council and public comment was closed. The hearing was closed at 2:57 P.M. RESOLUTION 2016-88 ADOPTED On motion of President Caprioglio, seconded by Councilmember City of Fresno ***Subject to Mayoral Veto Page 8 City Council Meeting Minutes - Final May 19, 2016 Baines III, the above item was approved. The motion carried by the following vote: Aye: 5 - Caprioglio, Quintero, Baines III, Brand and Soria Absent: 2 - Brandau and Olivier 2:00 P.M.#5 ID16-502 HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding City of Fresno Community Facilities District No. 9, Annexation No. 10 (Conditional Use Permit Application No. 2015-137) (Southeast corner of N. Fresno Street and E. Herndon Avenue) (Council District 6) 1. RESOLUTION - Annexing Territory to Community Facilities District No. 9 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. 9, Annexation No. 10, Conditional Use Permit Application No. 2015 -137 The above hearing was called to order at 2:57 P.M. The item was introduced to Council by Public Works Assistant Director, Benelli. Upon call for public comment, the following people addressed Council: Bob Harp - was disappointed in the quality of housing in the City of Fresno. Also discussed the 2014 Comprehensive Annual Financial Report and suggested spending more money on parks and less money on general government and public protection. Mary Esther Correa - discussed homeless people in the city and the erosion of the middle class. Also discussed the costs involved for turning her water back on. Public comment and the hearing were closed at 3:03 P.M. RESOLUTION 2016-89 ADOPTED RESOLUTION 2016-90 ADOPTED RESOLUTION 2016-91 ADOPTED City of Fresno ***Subject to Mayoral Veto Page 9 City Council Meeting Minutes - Final May 19, 2016 BILL B-20 INTRODUCED AND ADOPTED AS ORDINANCE 2016-19 On motion of Councilmember Brand, seconded by Councilmember Baines III, the above item was approved. The motion carried by the following vote: Aye: 5 - Caprioglio, Quintero, Baines III, Brand and Soria Absent: 2 - Brandau and Olivier 2:15 P.M. ID16-437 HEARING - Regarding the vacation of a portion of North Ninth Street south of East Dakota Avenue (Council District 4) 1. RESOLUTION - Ordering the vacation of a portion of North Ninth Street south of East Dakota Avenue The above hearing was called to order at 3:04 P.M. The item was introduced to Council by Public Works Chief Surveyor, Camit. Upon call for public comment, no member of the public chose to address Council and public comment was closed. The hearing was closed at 3:06 P.M. RESOLUTION 2016-92 ADOPTED On motion of President Caprioglio, seconded by Councilmember Baines III, the above item was approved. The motion carried by the following vote: Aye: 5 - Caprioglio, Quintero, Baines III, Brand and Soria Absent: 2 - Brandau and Olivier 2:30 P.M. ID16-579 WORKSHOP regarding Business Friendly Fresno The above item was removed from the agenda by staff to be rescheduled to a later date. City of Fresno ***Subject to Mayoral Veto Page 10 City Council Meeting Minutes - Final May 19, 2016 3:00 P.M. CONTESTED CONSENT CALENDAR 1-F ID16-546 Approve a Joint Use Agreement with Fresno Unified School District pertaining to the City’s Weekend Community Open Space Program The above item was introduced to Council by PARCS Director, Mollinedo. Councilmember Soria directed staff to monitor the porta potties that would be used at the Fresno school sites. The following members of the public spoke on this item: Cesar Casamayor of Cultiva La Salud and; Mary Esther Correra. APPROVED On motion of Councilmember Soria, seconded by Councilmember Baines III, the above item was approved. The motion carried by the following vote: Aye: 6 - Caprioglio, Quintero, Baines III, Brand, Brandau and Soria Absent: 1 - Olivier 2:00 P.M.#1 ID16-418 WORKSHOP regarding Economic Development Corporation (EDC) The above workshop was presented to Council by Fresno Economic Development Corporation President, Lee Ann Eager. WORKSHOP PRESENTED 2. GENERAL ADMINISTRATION 2-E ID16-535 Approve a consultant services agreement with Wallace Roberts and Todd, LLC for an amount not to exceed $449,995 to lead the Fresno Parks Master Plan Update. (citywide) The above item was introduced to Council by Development and Resources Management Director, Clark. City of Fresno ***Subject to Mayoral Veto Page 11 City Council Meeting Minutes - Final May 19, 2016 The following members of the public spoke on this item: David Wells; Sandra Celedon of Fresno Building Healthy Communities; Bob Harp and; L. Avila of Centro La Familia Advocacy Services. Councilmember Soria directed staff to ensure that community outreach for the Parks Master Plan be done in Spanish and Hmong as well as English. Councilmember Soria also directed staff to work with her office to conduct a meeting in her district for outreach. Councilmember Soria directed staff to be transparent as to how much green space is actually being made available to the public under the joint use agreement with the school districts. Vice President Quintero directed staff to provide mailers to District 5 neighborhoods to announce nearby out reach events for the Parks Master Plan. Vice President Quintero also directed staff to e-mail him a schedule or timeline regarding the Parks Master Plan process. APPROVED On motion of Councilmember Soria, seconded by Councilmember Olivier, the above item was approved. The motion carried by the following vote: Aye: 7 - Caprioglio, Quintero, Baines III, Brand, Brandau, Olivier and Soria 2-A ID16-548 Approve a consultant services agreement with SafeworkCM for an amount not to exceed $1,265,000 to provide Construction Safety Oversight Consulting Services for various water infrastructure capital improvement projects (Citywide) The above item was introduced to Council by Public Utilities Director, Esqueda. APPROVED On motion of Councilmember Baines III, seconded by Councilmember Soria, the above item was approved. The motion carried by the following vote: Aye: 4 - Caprioglio, Quintero, Baines III and Soria No: 3 - Brand, Brandau and Olivier Vice President Quintero exited the Council Chamber at 4:49 P.M. and returned at 4:53 P.M. City of Fresno ***Subject to Mayoral Veto Page 12 City Council Meeting Minutes - Final May 19, 2016 2-B ID16-481 Actions pertaining to the Installation of 8” and 12” Water Mains in the Vicinity of N. Forkner Avenue and W. Barstow Avenue - Bid File 3393 (Council District 2 and Fresno County) 1. Adopt a finding of Categorical Exemption per staff determination, pursuant to Class 2 Section 15302(c) (Replacement or Restoration) of the California Environmental Quality Act Guidelines for the installation of 8” and 12” Water Mains in the Vicinity of N. Forkner Avenue and W. Barstow Avenue 2. Award a construction contract in the amount of $1,374,986 to West Valley Construction Company, Inc., of Campbell, California as the lowest and responsible bidder for the Installation of 8” and 12” Water Mains in the Vicinity of N. Forkner Avenue and W. Barstow Avenue The above item was introduced to Council by Public Works Supervising Professional Engineer, Goonawardena. 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 - Caprioglio, Baines III, Brand, Brandau, Olivier and Soria Absent: 1 - Quintero 2-C ID16-555 Actions pertaining to the Fresno Street (from “B” Street to Divisadero Street) and Van Ness Avenue (from Ventura Street to Divisadero Street) Intelligent Transportation System (ITS) Traffic Signals Synchronization Project - Bid File 3447 (Council District 3) 1. Adopt a finding of Categorical Exemption per staff determination, pursuant to Section 15301(c) of the CEQA Guidelines for the Fresno Street and Van Ness Avenue ITS Traffic Signals Synchronization Project 2. Award a Construction Contract to Kertel Communications, Inc. dba Sebastian of Fresno, California (Sebastian) in the amount of $1,108,755 for construction of the Fresno Street and Van Ness Avenue ITS Project The above item was introduced to Council by Public Works Supervising Professional Engineer, Goonawardena. City of Fresno ***Subject to Mayoral Veto Page 13 City Council Meeting Minutes - Final May 19, 2016 APPROVED On motion of Councilmember Baines III, seconded by Councilmember Soria, the above item was approved. The motion carried by the following vote: Aye: 6 - Caprioglio, Baines III, Brand, Brandau, Olivier and Soria Absent: 1 - Quintero Councilmember Brandau exited the Council Chamber at 4:55 P.M. and returned at 5:03 P.M. 2-D ID16-557 Approve Amendment No. 5 to the Professional Consultant Agreement with CH2M HILL Engineers, Inc., for an amount not-to-exceed $11,950,000 for Fiscal Year 2017 Program Management Services and for extension of the Agreement term by one year, through October 31, 2017 (Citywide). The above item was introduced to Council by Water Division Manager, Carbajal. APPROVED 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, Olivier and Soria Absent: 1 - Brandau 2-F ID16-589 RESOLUTION - Adopting Substantial Amendment No. 2015-006 to the FY 2015-2016 Annual Action Plan; approving submission to the U.S. Department of Housing and Urban Development (HUD) for reprogramming 3.5 million of Community Development Block Grant (CDBG) Program Funds; providing for Subrecipient Agreements; and authorizing the City Manager to sign all implementing documents required by HUD approved as to form by the City Attorney. (Public comment portion was heard on May 12, 2016 and closed) The above item was introduced to Council by DARM Director, Clark. RESOLUTION 2016-93 ADOPTED City of Fresno ***Subject to Mayoral Veto Page 14 City Council Meeting Minutes - Final May 19, 2016 On motion of Councilmember Baines III, seconded by Councilmember Soria, the above item was approved. The motion carried by the following vote: Aye: 6 - Caprioglio, Quintero, Baines III, Brand, Olivier and Soria Absent: 1 - Brandau 4. CITY COUNCIL 4-A ID16-580 BILL - (For Introduction) - Adding Section 9-2518 to the Fresno Municipal Code, relating to unlawful criminal street gang activity The above item was introduced to Council by Vice President Quintero. Fresno Unified School Board President Chavez and Police Chief Dyer also spoke on this item. The following members of the public spoke on this item: Jesse Dominguez and; Patience Milrod. BILL B-21 INTRODUCED AND LAID OVER On motion of Vice President Quintero, seconded by Councilmembers Brand and Brandau, the above item was introduced and laid over. The motion carried by the following vote: Aye: 7 - Caprioglio, Quintero, Baines III, Brand, Brandau, Olivier and Soria UNSCHEDULED COMMUNICATION The following member of the public addressed Council during Unscheduled Communication: Joe Sanchez of Energy Systems - discussed the possibility of the City broadening contract specifications to allow significantly more bids for city contracts. Mr. Sanchez used the Northeast Surface Water 2MW Emergency Generator as an example and provide Council with a handout. The handout is on file with the City Clerk and attached to File ID 16-656. ID16-656 Handout received from Joe Sanchez during Unscheduled Communication. City of Fresno ***Subject to Mayoral Veto Page 15 City Council Meeting Minutes - Final May 19, 2016 5. CLOSED SESSION The City Council met in Closed Session in Room 2125 from 5:48 P.M. to 6:25 P.M. to discuss the following: ID16-508 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION - Government Code Section 54956.9, subdivision (d)(1) 1. Doris Ray Knox, et al. v. City of Fresno, et al.; United States District Court Case No. 13-CV-01987 SAB The above item was discussed during closed session. No open session announcement was made regarding this item. ID16-566 CONFERENCE WITH LEGAL COUNSEL - DECIDING WHETHER TO INITIATE LITIGATION Government Code Section 54956.9, subdivision (d)(4) 1. City of Fresno v. U.S. Department of Interior, Bureau of Reclamation The above item was discussed during closed session. No open session announcement was made regarding this item. ID16-577 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION - Government Code Section 54956.9, subdivision (d)(1) 1. City of Fresno v. 21st District Agricultural Association, et al; Fresno County Superior Court Case No. 14CECG02830 The above item was discussed during closed session. Upon return to open session, the City Attorney announced that Council had authorized an appeal on this item. ADJOURNMENT President Caprioglio adjourned the meeting at 6:26 P.M. in the memory of the Greek genocide and in the memory of Maria Gutierrez. President Caprioglio also wished his mother a healthy recovery. The above minutes were approved by unanimous vote of the City Council during the June 2, 2016 City Council meeting with Councilmember Brand absent. City of Fresno ***Subject to Mayoral Veto Page 16

Agenda

City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Meeting Agenda - Final Thursday, May 19, 2016 1:30 PM 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 May 19, 2016 The meeting room is accessible to the physically disabled. Services of an interpreter and additional accommodations, including assistive listening devices, can be made available. Requests for accommodations should be made three days prior to the scheduled meeting. Please contact the City Clerk’s Office at 559-621-7650. 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 May 19, 2016 1:30 P.M. ROLL CALL Invocation by Council District 2 Pledge of Allegiance to the Flag CEREMONIAL PRESENTATIONS ID16-287 Special Appearance by Members of the Cast from NEW WRINKLES and Presentation of a Proclamation of “NEW WRINKLES DAY” Sponsors: City Councilmember Baines III ID16-372 Proclamation of “TEEN PREGNANCY PREVENTION” Sponsors: City Councilmember Soria ID16-479 Proclamation of “MASJID FRESNO ISLAMIC CENTER DAY” Sponsors: Council President Caprioglio ID16-564 Proclamation for “LARRY ARCE DAY,” Chief Executive Officer of the Fresno Rescue Mission. Sponsors: City Councilmember Brandau ID16-576 Proclamation of “NATIONAL PUBLIC WORKS WEEK” Sponsors: Council President Caprioglio and City Manager's Office ID16-590 Presentation by SOUL Charter School Students on the need for a four-way stop at Calaveras and N Streets Sponsors: City Councilmember Baines III APPROVE AGENDA APPROVE MINUTES ID16-147 Approval of minutes from May 12, 2016 COUNCILMEMBER REPORTS AND COMMENTS 1. CONSENT CALENDAR All Consent Calendar items are considered to be routine and will be treated as one City of Fresno ***Subject to Mayoral Veto Page 3 City Council Meeting Agenda - Final May 19, 2016 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 ID16-506 Actions pertaining to Amendment No. 2 to the Rimini Street, Inc. Services Agreement 1. ***RESOLUTION - 45th amendment to the Annual Appropriation Resolution (AAR) No. 2015-104 appropriating $100,800 for an increase to the Rimini Street, Inc. Services Agreement fee (Requires 5 affirmative votes) 2. Approve Amendment No. 2 to the Rimini Street, Inc. Services Agreement. Sponsors: Information Services Department 1-B ID16-521 RESOLUTION - Approving the Final Map of Tract No. 6087 and accepting dedicated public uses offered therein - northwest corner of North Chestnut Avenue and East Copper Avenue (Council District 6) Sponsors: Public Works Department 1-C ID16-525 Approve Amendment to the Agreement with Partners in Control, Inc., dba Enterprise Automation for work required to successfully complete the upgrade to City of Fresno’s Northeast Surface Water Treatment Facility Vijeo CitectSCADA in the amount not to exceed $340,280 which includes a $50,000 contingency (Citywide). Sponsors: Department of Public Utilities 1-D ID16-539 Actions pertaining to Community Facilities District No. 11 as it relates to Final Tract Map 5595 1. RESOLUTION - Rescinding Resolution No. 2016-45 to annexing territory to Community Facilities District No. 11 as it relates 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) 2. RESOLUTION - Of Intention to annex Final Tract Map No. 5595, Annexation No. 69, to the City of Fresno Community Facilities District No. 11 (area bounded by W. Spruce Avenue, N. Thiele Avenue and W. Farrington Avenue, north of W. Herndon Avenue) (Council District 2) City of Fresno ***Subject to Mayoral Veto Page 4 City Council Meeting Agenda - Final May 19, 2016 Sponsors: Public Works Department 1-E ID16-544 Approve Amendment No. I to the HOME Investment Partnerships (HOME) Program, Community Housing Development Organization (CHDO) Agreement with Habitat for Humanity Fresno, Inc., granting a time extension for the completion of the Laval/Belgravia Single-Family Housing project Sponsors: Development and Resource Management Department 1-F ID16-546 Approve a Joint Use Agreement with Fresno Unified School District pertaining to the City’s Weekend Community Open Space Program Sponsors: Parks, After School and Recreation and Community Services Department 1-G ID16-551 Second Amendment to Consultant Service Agreement with Highland Consulting in the amount of $42,000 for ongoing and new railroad related Public Works projects. Sponsors: Public Works Department 1-H ID16-552 Approval of a Purchase Agreement between Westervelt Ecological Services, LLC and the City of Fresno, for the purchase of wetland conservation credits from the Grasslands Mitigation Bank in the amount of $153,000, in support of construction of a turnout/diversion facility associated with the Kings River Pipeline project, to be constructed in Fresno Irrigation District’s Fresno Canal (Council District 5, County). Sponsors: Department of Public Utilities 1-I ID16-562 ***RESOLUTION - 42nd Amendment to the Annual Appropriation Resolution (AAR) No. 2015-104 to appropriate $103,900 for preliminary costs related to the Orange Center School and Daleville water line connection projects (Council Districts 3 and 5) (Requires 5 affirmative votes) Sponsors: Department of Public Utilities 1-J ID16-565 ***RESOLUTION -47th amendment to the Annual Appropriation Resolution (AAR) No. 2015-104 appropriating $60,000 for topographic survey and initial design work for three Midtown Trail segments including Clovis Avenue, City of Fresno ***Subject to Mayoral Veto Page 5 City Council Meeting Agenda - Final May 19, 2016 McKinley Avenue and the Herndon Canal (Requires 5 affirmative votes) Sponsors: Public Works Department 1-K ID16-593 ***BILL NO. B-14 - (Re-Introduced as amended on 5/12/2016) (For adoption) - Amending Article 7 of Chapter 10 of the Fresno Municipal Code relating to Management of Real Property. Sponsors: City Manager's Office and City Attorney's Office 2. GENERAL ADMINISTRATION 2-A ID16-548 Approve a consultant services agreement with SafeworkCM for an amount not to exceed $1,265,000 to provide Construction Safety Oversight Consulting Services for various water infrastructure capital improvement projects (Citywide) Sponsors: Department of Public Utilities 2-B ID16-481 Actions pertaining to the Installation of 8” and 12” Water Mains in the Vicinity of N. Forkner Avenue and W. Barstow Avenue - Bid File 3393 (Council District 2 and Fresno County) 1. Adopt a finding of Categorical Exemption per staff determination, pursuant to Class 2 Section 15302(c) (Replacement or Restoration) of the California Environmental Quality Act Guidelines for the installation of 8” and 12” Water Mains in the Vicinity of N. Forkner Avenue and W. Barstow Avenue 2. Award a construction contract in the amount of $1,374,986 to West Valley Construction Company, Inc., of Campbell, California as the lowest and responsible bidder for the Installation of 8” and 12” Water Mains in the Vicinity of N. Forkner Avenue and W. Barstow Avenue Sponsors: Public Works Department 2-C ID16-555 Actions pertaining to the Fresno Street (from “B” Street to Divisadero Street) and Van Ness Avenue (from Ventura Street to Divisadero Street) Intelligent Transportation System (ITS) Traffic Signals Synchronization Project - Bid File 3447 (Council District 3) 1. Adopt a finding of Categorical Exemption per staff City of Fresno ***Subject to Mayoral Veto Page 6 City Council Meeting Agenda - Final May 19, 2016 determination, pursuant to Section 15301(c) of the CEQA Guidelines for the Fresno Street and Van Ness Avenue ITS Traffic Signals Synchronization Project 2. Award a Construction Contract to Kertel Communications, Inc. dba Sebastian of Fresno, California (Sebastian) in the amount of $1,108,755 for construction of the Fresno Street and Van Ness Avenue ITS Project Sponsors: Public Works Department 2-D ID16-557 Approve Amendment No. 5 to the Professional Consultant Agreement with CH2M HILL Engineers, Inc., for an amount not-to-exceed $11,950,000 for Fiscal Year 2017 Program Management Services and for extension of the Agreement term by one year, through October 31, 2017 (Citywide). Sponsors: Department of Public Utilities 2-E ID16-535 Approve a consultant services agreement with Wallace Roberts and Todd, LLC for an amount not to exceed $449,995 to lead the Fresno Parks Master Plan Update. (citywide) Sponsors: Development and Resource Management Department 2-F ID16-589 RESOLUTION - Adopting Substantial Amendment No. 2015-006 to the FY 2015-2016 Annual Action Plan; approving submission to the U.S. Department of Housing and Urban Development (HUD) for reprogramming 3.5 million of Community Development Block Grant (CDBG) Program Funds; providing for Subrecipient Agreements; and authorizing the City Manager to sign all implementing documents required by HUD approved as to form by the City Attorney. (Public comment portion was heard on May 12, 2016 and closed) Sponsors: Development and Resource Management Department 3. SCHEDULED COUNCIL HEARINGS AND MATTERS 2:00 P.M.#1 ID16-418 WORKSHOP regarding Economic Development Corporation (EDC) City of Fresno ***Subject to Mayoral Veto Page 7 City Council Meeting Agenda - Final May 19, 2016 Sponsors: Council President Caprioglio 2:00 P.M.#2 ID16-499 HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding City of Fresno Community Facilities District No. 11, Annexation No. 68 (Final Tract Map No. 6095) (east side of South Armstrong Avenue between East Church and California Avenues) (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. 68, Final Tract Map No. 6095 Sponsors: Public Works Department 2:00 P.M.#3 ID16-501 HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding City of Fresno Community Facilities 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) 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. 70, Final Tract Map No. 6067 Sponsors: Public Works Department City of Fresno ***Subject to Mayoral Veto Page 8 City Council Meeting Agenda - Final May 19, 2016 2:00 P.M.#4 ID16-523 RESOLUTION - Approving the Final Map of Tract No. 6067 and accepting dedicated public uses offered therein - east side of North Locan Avenue between East Shields Avenue and East Dakota Avenue Alignment (Council District 4) Sponsors: Public Works Department 2:00 P.M.#5 ID16-502 HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding City of Fresno Community Facilities District No. 9, Annexation No. 10 (Conditional Use Permit Application No. 2015-137) (Southeast corner of N. Fresno Street and E. Herndon Avenue) (Council District 6) 1. RESOLUTION - Annexing Territory to Community Facilities District No. 9 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. 9, Annexation No. 10, Conditional Use Permit Application No. 2015-137 Sponsors: Public Works Department 2:15 P.M. ID16-437 HEARING - Regarding the vacation of a portion of North Ninth Street south of East Dakota Avenue (Council District 4) 1. RESOLUTION - Ordering the vacation of a portion of North Ninth Street south of East Dakota Avenue Sponsors: Public Works Department 2:30 P.M. ID16-579 WORKSHOP regarding Business Friendly Fresno Sponsors: Development and Resource Management Department City of Fresno ***Subject to Mayoral Veto Page 9 City Council Meeting Agenda - Final May 19, 2016 3:00 P.M. CONTESTED CONSENT CALENDAR 4. CITY COUNCIL 4-A ID16-580 BILL - (For Introduction) - Adding Section 9-2518 to the Fresno Municipal Code, relating to unlawful criminal street gang activity Sponsors: Vice President Quintero 5. CLOSED SESSION ID16-508 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION - Government Code Section 54956.9, subdivision (d)(1) 1. Doris Ray Knox, et al. v. City of Fresno, et al.; United States District Court Case No. 13-CV-01987 SAB Sponsors: City Attorney's Office ID16-566 CONFERENCE WITH LEGAL COUNSEL - DECIDING WHETHER TO INITIATE LITIGATION Government Code Section 54956.9, subdivision (d)(4) 1. City of Fresno v. U.S. Department of Interior, Bureau of Reclamation Sponsors: City Attorney's Office ID16-577 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION - Government Code Section 54956.9, subdivision (d)(1) 1. City of Fresno v. 21st District Agricultural Association, et al; Fresno County Superior Court Case No. 14CECG02830 Sponsors: City Attorney's Office 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 City of Fresno ***Subject to Mayoral Veto Page 10 City Council Meeting Agenda - Final May 19, 2016 (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 May 26, 2016 - NO MEETING JUNE 2, 2016 - 8:30 A.M. MEETING JUNE 9, 2016 10:00 A.M. - HEARING - Regaring City of Fresno Community Facilities District No. 11, Annexation No. 66 (Final Tract Map No. 5341) (south side of E. Clinton Avenue between N. Locan and Temperance Avenues JUNE 9, 2016 10:15 A.M.- hearing regarding City of Fresno Community Facilites 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) UPCOMING BUDGET HEARINGS: (Subject to Change) JUNE 2, 2016 (TBA) Mayor's Presentation of the Budget to Council JUNE 7, 2016 - 9:30 A.M. DARM, City Attorney's Office, Personnel, Finance, City Clerk & ISD JUNE 8, 2016 - 9:30 A.M. Airports, Dept. of Transportation, DPU, Mayor/City Manager's Office & Council JUNE 14, 2016 - 930 A.M. PARCS, Police & Fire JUNE 15, 2016 - 9:30 A.M. Convention Center, GCP & Public Works Dept JUNE 23, 2016 - (TBA) - Budget Adoption JUNE 30, 2016 - Budget Adoption Deadline UPCOMING EMPLOYEE CEREMONIES City of Fresno ***Subject to Mayoral Veto Page 11 City Council Meeting Agenda - Final May 19, 2016 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 May 26, 2016 - NO MEETING JUNE 2, 2016 - 8:30 A.M. MEETING City of Fresno ***Subject to Mayoral Veto Page 12

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