City Council

City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Meeting Minutes - Final City Council President - Paul Caprioglio Vice President - Sal Quintero Councilmembers: Oliver L. Baines, III, Lee Brand, Steve Brandau, Clinton J. Olivier, Esmeralda Z. Soria City Manager - Bruce Rudd City Attorney - Douglas T. Sloan City Clerk - Yvonne Spence, CMC Thursday, June 9, 2016 8:30 AM Council Chambers Regular Session The City Council met in regular session in the Council Chamber, City Hall, on the date and time above written. 8:38 A.M. ROLL CALL Present: 6 - President Paul Caprioglio Vice President Sal Quintero Councilmember Lee Brand Councilmember Steve Brandau Councilmember Clinton Olivier Councilmember Esmeralda Soria Absent: 1 - Councilmember Oliver L. Baines III Councilmember Brandau was absent during roll call and entered the Council Chamber at 8:44 A.M. Invocation by Rabbi Rick Winer of Temple Beth Israel Pledge of Allegiance to the Flag APPROVE AGENDA City Clerk Spence announced the following changes to the agenda: General Administration item 2-D (ID 16-612) would be heard as part of the Consent Calendar; General Administration item 2-H (ID 16-704) was subject to mayoral veto and; Ceremonial Presentation, "Proclamation of 'Alzheimer's Independence Day" (ID 16-375) would be heard on June 16, 2016. City of Fresno ***Subject to Mayoral Veto Page 1 City Council Meeting Minutes - Final June 9, 2016 APPROVED AS AMENDED On motion of Councilmember Soria, seconded by Councilmember Brand, the agenda was approved as amended. The motion carried by the following vote: Aye: 5 - Caprioglio, Quintero, Brand, Olivier and Soria Absent: 2 - Baines III and Brandau APPROVE MINUTES ID16-149 Approval of minutes from June 2, 2016 On motion of President Caprioglio, seconded by Councilmember Olivier, the above Minutes were approved. The motion carried by the following vote: Aye: 5 - Caprioglio, Quintero, Brand, Olivier and Soria Absent: 2 - Baines III and Brandau COUNCILMEMBER REPORTS AND COMMENTS No Councilmember had anything to report. 1. CONSENT CALENDAR APPROVAL OF THE CONSENT CALENDAR On motion of Councilmember Brand, seconded by President Caprioglio, the CONSENT CALENDAR was hereby adopted by the following vote: Aye: 6 - Caprioglio, Quintero, Brand, Brandau, Olivier and Soria Absent: 1 - Baines III 1-A ID16-505 Award a contract to Walter P. Moore and Associates, Inc. in the amount of $35,000 to complete a Parking Rate Analysis for downtown Fresno. APPROVED The above item was approved on the Consent Calendar. 1-B ID16-592 Actions Pertaining to a General On-Bill Financing Loan: 1. Approve an agreement with Pacific Gas & Electric (PG&E) with the maximum amount of $250,000, for a General On-Bill Financing Loan to replace certain high pressure sodium (HPS) City of Fresno ***Subject to Mayoral Veto Page 2 City Council Meeting Minutes - Final June 9, 2016 street light fixtures with more energy efficient light-emitting diode (LED) fixtures throughout the City. 2. ***RESOLUTION - 44th amendment to the Annual Appropriation Resolution (AAR) No. 2015-104 appropriating $38,600 of Measure C flexible funding to begin the Citywide LED Retrofit of Street Lights - Phase I project (Requires 5 affirmative votes) The above item was moved to the Contested Consent Calendar for further discussion. 1-C ID16-651 Approve the second amendment to the agreement with Placeworks, Inc., a California Corporation, in an amount not to exceed $23,721 for consulting services to augment the scope of the Southwest Fresno Specific Plan and to authorize the Development and Resource Management Department Director or his or her designee to execute documents. APPROVED The above item was approved on the Consent Calendar. 1-D ID16-652 Actions pertaining to the Parking Agreement between the City of Fresno and Club One Casino, Inc. 1. Adopt a finding of Categorical Exemption per staff determination pursuant to Article 19, Section 15301 Class 1 (existing facility) of the California Environmental Quality Act Guidelines 2. Authorize the Seventh Amendment to the Parking Agreement between the City of Fresno and Club One Casino, Inc. for fixed rate patron parking in the amount of $72,000 per year (Council District No.3) APPROVED The above item was approved on the Consent Calendar. 2-D ID16-612 Award a contract in the amount of $207,920 to Zim Industries Inc., to rehabilitate a 20-inch diameter well at Pump Station 97, located at 3998 W. Herndon Avenue (Bid File 3459) (Council District 2). APPROVED The above item was approved on the Consent Calendar. City of Fresno ***Subject to Mayoral Veto Page 3 City Council Meeting Minutes - Final June 9, 2016 2. GENERAL ADMINISTRATION 2-A ID16-641 WORKSHOP regarding Airports Finance Briefing Aviation Director Meikle presented the workshop to Council. WORKSHOP HELD 2-B ID16-653 ***RESOLUTION - 526th amendment to the Master Fee Schedule (MFS) Resolution No. 80-420 to adjust rates and charges at Fresno Yosemite International Airport. The above item was introduced to Council by Aviation Director Meikle. RESOLUTION 2016-97 ADOPTED On motion of President Caprioglio, seconded by Councilmember Brand, the above item was approved. The motion carried by the following vote: Aye: 6 - Caprioglio, Quintero, Brand, Brandau, Olivier and Soria Absent: 1 - Baines III Councilmember Brandau exited the Council Chamber at 9:32 A.M. and returned at 9:36 A.M. 2-C ID16-606 Actions pertaining to the Friant Road overlay from Nees Avenue to Fresno Street - Bid File No. 3438 (Council Districts 2 and 6) 1. Adopt a finding of Categorical Exemption per staff determination, pursuant to Section 15301(c) Class 1 of the CEQA guidelines for the Friant Road overlay from Nees Avenue to Fresno Street 2. Award a construction contract in the amount of $558,032 to Cal Valley Construction of Fresno, California for the Friant Road overlay from Nees Avenue to Fresno Street The above item was introduced to Council by Public Works Manager, Bell. APPROVED On motion of Councilmember Brand, seconded by Vice President Quintero, the above item was approved. The motion carried by the following vote: Aye: 5 - Caprioglio, Quintero, Brand, Olivier and Soria City of Fresno ***Subject to Mayoral Veto Page 4 City Council Meeting Minutes - Final June 9, 2016 Absent: 2 - Baines III and Brandau 2-E ID16-614 ***RESOLUTION - 51st amendment to the Annual Appropriation Resolution (AAR) No. 2015-104 to re-allocate $813,500 in existing appropriations from the Indirect Costs Recovery Fund to Operating Funds in the Public Works Department (Requires five affirmative votes). The above item was introduced to Council by Public Works Director, Mozier. RESOLUTION 2016-98 ADOPTED On motion of Councilmember Brand, seconded by President Caprioglio, the above item was approved. The motion carried by the following vote: Aye: 5 - Caprioglio, Quintero, Brand, Olivier and Soria Absent: 2 - Baines III and Brandau 2-F ID16-615 ***RESOLUTION - 46th amendment to the Annual Appropriation Resolution (AAR) No. 2015-104 needed to recognize $1,159,000 in unbudgeted revenues and increase appropriations for the Fresno Fire Department (Requires 5 affirmative votes) The above item was introduced to Council by Fire Chief Donis. RESOLUTION 2016-99 ADOPTED On motion of Councilmember Soria, seconded by President Caprioglio, the above item was approved. The motion carried by the following vote: Aye: 6 - Caprioglio, Quintero, Brand, Brandau, Olivier and Soria Absent: 1 - Baines III 2-G ID16-637 RESOLUTION - Authorizing payment to the U.S. Bureau of Reclamation for the purchase of Tier 1 and Tier 2 Unreleased Restoration Flows from Millerton Lake. The above item was introduced to Council by Public Utilities Director Esqueda. RESOLUTION 2016-100 ADOPTED City of Fresno ***Subject to Mayoral Veto Page 5 City Council Meeting Minutes - Final June 9, 2016 On motion of Councilmember Brandau, seconded by President Caprioglio, the above item was approved. The motion carried by the following vote: Aye: 6 - Caprioglio, Quintero, Brand, Brandau, Olivier and Soria Absent: 1 - Baines III 2-H ID16-704 ***RESOLUTION - Authorizing Application for the Affordable Housing and Sustainable Communities Program and Authorizing Execution of Program Documents - South Stadium TOD Project (District 3). The above item was introduced to Council by Government Affairs Manager Bergstrom. RESOLUTION 2016-101 ADOPTED On motion of Councilmember Olivier, seconded by Councilmember Brand, the above item was approved. The motion carried by the following vote: Aye: 6 - Caprioglio, Quintero, Brand, Brandau, Olivier and Soria Absent: 1 - Baines III UNSCHEDULED COMMUNICATION The following member of the public addressed Council during unscheduled communication: Mary Esther Correa - discussed her high water and sewer bill from the City caused in part by multiple instances vandalism to the water meter. Councilmember Olivier and Assistant City Manager Smith replied to Ms. Correa and stated that Public Utilities would be visiting her property in the next day or two in order to install a water meter. She was also told that a contract had been drafted that allowed her to pay $50 a month to bring her account current. It was stated that upon agreement to the contract the water would be turned on. Ms. Correa said she already paid $200 and felt she was being scammed and would not sign a contract she did not think was manageable. RECESSED 9:54 A.M. to 10:04 A.M. Councilmember Soria and Councilmember Olivier were absent when the meeting resumed and did not enter the Chamber until 10:05 A.M. City of Fresno ***Subject to Mayoral Veto Page 6 City Council Meeting Minutes - Final June 9, 2016 3. SCHEDULED COUNCIL HEARINGS AND MATTERS 10:00 A.M. ID16-607 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. 66 (Final Tract Map No. 5341) (south side of E. Clinton Avenue between N. Locan and Temperance 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. 66, Final Tract Map No. 5341 The above hearing was called to order at 10:04 A.M. The item was introduced to Council by Public Works Assistant Director, Benelli. Upon call for public comment, no members of the public chose to address Council and public comment was closed. The hearing was closed at 10:05 A.M. RESOLUTION 2016-102 ADOPTED RESOLUTION 2016-103 ADOPTED RESOLUTION 2016-104 ADOPTED BILL B-22 INTRODUCED AND ADOPTED AS ORDINANCE 2016-20 On motion of President Caprioglio, seconded by Councilmember Brand, the above item was approved. The motion carried by the following vote: Aye: 4 - Caprioglio, Quintero, Brand and Brandau Absent: 3 - Baines III, Olivier and Soria 4. CITY COUNCIL ID16-705 RESOLUTION - Opposing removal of the Southeast Development Area (SEDA) from the City of Fresno’s sphere of City of Fresno ***Subject to Mayoral Veto Page 7 City Council Meeting Minutes - Final June 9, 2016 influence. The above item was introduced to Council by Councilmember Brand. The following member of the public spoke on this item: Dave Herb. RESOLUTION 2016-105 ADOPTED On motion of Councilmember Brand, seconded by Councilmember Brandau, the above item was approved. The motion carried by the following vote: Aye: 6 - Caprioglio, Quintero, Brand, Brandau, Olivier and Soria Absent: 1 - Baines III 3. SCHEDULED COUNCIL HEARINGS AND MATTERS CONTINUED 10:15 A.M. ID16-500 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. 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) 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. 69, Final Tract Map No. 5595 The above hearing was called to order at 10:19 A.M. The item was introduced to Council by Public Works Assistant Director Benelli. Upon call for public comment, no members of the public chose to address Council and public comment was closed. RESOLUTION 2016-106 ADOPTED RESOLUTION 2016-107 ADOPTED RESOLUTION 2016-108 ADOPTED City of Fresno ***Subject to Mayoral Veto Page 8 City Council Meeting Minutes - Final June 9, 2016 BILL B-23 INTRODUCED AND ADOPTED AS ORDINANCE 2016-21 On motion of Councilmember Brand, seconded by President Caprioglio, the above item was approved. The motion carried by the following vote: Aye: 6 - Caprioglio, Quintero, Brand, Brandau, Olivier and Soria Absent: 1 - Baines III 10:30 A.M. The 10:30 A.M. Scheduled Matter was heard at 10:19 A.M. as the matter was a non-action item and the speaker was in the audience and agreed to be heard early. ID16-675 Appearance by Cathleen Crews to discuss enforcement of the sign regulations Ms. Crews appeared before Council and discussed illegal signs throughout the City. A discussion ensued among the Councilmembers. Development and Resources Management Director Clark and Housing and Revitalization Manager Estabrooke spoke on the topic. Councilmember Brandau suggested publishing the updated sign regulations as bullet points for local businesses. Vice President Caprioglio suggested requiring the owners of utility poles to remove signs on a monthly basis. Councilmember Olivier suggested bringing the sign issue back to Council as an action item. City Attorney Sloan suggested treating illegal signs like graffiti in that owners would be responsible for removing illegal signs and if they did not, the City would remove the signs. He also cautioned the City to be careful about first amendment rights and noted that a person holding a sign on a public sidewalk was entitled to do so. RECESSED 10:43 A.M. to 1:36 P.M. Councilmember Brand, Councilmember Brandau and Councilmember Olivier were not present when the meeting resumed and were absent the remainder of the meeting. City of Fresno ***Subject to Mayoral Veto Page 9 City Council Meeting Minutes - Final June 9, 2016 1:30 P.M.#1 CONTESTED CONSENT CALENDAR 1-B ID16-592 Actions Pertaining to a General On-Bill Financing Loan: 1. Approve an agreement with Pacific Gas & Electric (PG&E) with the maximum amount of $250,000, for a General On-Bill Financing Loan to replace certain high pressure sodium (HPS) street light fixtures with more energy efficient light-emitting diode (LED) fixtures throughout the City. 2. ***RESOLUTION - 44th amendment to the Annual Appropriation Resolution (AAR) No. 2015-104 appropriating $38,600 of Measure C flexible funding to begin the Citywide LED Retrofit of Street Lights - Phase I project (Requires 5 affirmative votes) For lack of a quorum following the break, it was announced that Contested Consent Calendar item 1-B (16-592) would be continued to June 16, 2016. CEREMONIAL PRESENTATIONS ID16-375 Proclamation of ‘ALZHEIMER”S INDEPENDENCE DAY” The above proclamation was moved June 16, 2016 by staff. ID16-662 PROCLAMATION OF “CONSUL VICENTE SÁNCHEZ VENTURA DAY” PRESENTED 1:30 P.M.#2 ID16-691 Continued Budget Hearing Overflow (if needed) President Caprioglio announced that the budget hearings were proceeding on schedule and there was no need to hear any overflow items. 5. CLOSED SESSION There were no Closed Session items on the agenda. ADJOURNMENT The meeting adjourned at 1:55 P.M. The above minutes were approved by unanimous vote of the City Council during the June 16, 2016 City Council meeting with Councilmember Olivier absent. City of Fresno ***Subject to Mayoral Veto Page 10 City Council Meeting Minutes - Final June 9, 2016 City of Fresno ***Subject to Mayoral Veto Page 11