City Council
Regular MeetingFresno, CA · May 19, 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, 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
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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
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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
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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)
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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.
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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
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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
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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
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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
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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.
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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.
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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.
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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.
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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
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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.
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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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