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City Council

Regular Meeting

Fresno, CA · June 16, 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, June 16, 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. 1:37 P.M. ROLL CALL Present: 6 - President Paul Caprioglio Vice President Sal Quintero Councilmember Oliver L. Baines III Councilmember Lee Brand Councilmember Steve Brandau Councilmember Esmeralda Soria Absent: 1 - Councilmember Clinton Olivier Invocation by Reza Nekumanesh of the Islamic Cultural Center Pledge of Allegiance to the Flag APPROVE AGENDA City Clerk Spence announced the following changes to the agenda: Consent Calendar Item 1-H (ID 16-688) had been removed from the agenda by staff; the correct amount of the impact fee waiver in General Administration item 2-J (ID 16-724) was $635,519.55; the proclamation for "Alzheimer's Independence Day" (ID 16-728) had been removed from the agenda, and; the 2:00 P.M. #1 Scheduled Matter (ID 16-696) had been removed from the agenda and would be rescheduled. City of Fresno ***Subject to Mayoral Veto Page 1 City Council Meeting Minutes - Final June 16, 2016 APPROVED AS AMENDED On motion of Councilmember Baines III, seconded by Councilmember Soria, the agenda was adopted as amended. The motion carried by the following vote: Aye: 6 - Caprioglio, Quintero, Baines III, Brand, Brandau and Soria Absent: 1 - Olivier APPROVE MINUTES ID16-150 Approval of minutes from: June 7, 2016; June 8, 2016 and; June 9, 2016 APPROVED On motion of Councilmember Baines III, seconded by President Caprioglio, the above Minutes were approved. The motion carried by the following vote: Aye: 6 - Caprioglio, Quintero, Baines III, Brand, Brandau and Soria Absent: 1 - Olivier COUNCILMEMBER REPORTS AND COMMENTS Councilmember Soria thanked Mr. Nekumanesh for the invocation and held a moment of silence for the victims, and the families of the victims, of the shooting at Pulse Nightclub in Orlando, Florida. She remembered the victims and stated that the City stood in solidarity with them. Councilmember Soria welcomed and introduced Katherine Altobello-Czescik, the new District One intern. She noted that Ms. Altobello -Czescik was a Fellow from Columbia University and would be working on the "Power the Tower" project for the next ten weeks. The aim of the project was to help the Tower District become more energy efficient and help business and property owners shift to renewable energy with a long term goal of turning the district into a "net zero neighborhood." 1. CONSENT CALENDAR Councilmember Soria moved Consent Calendar item 1-L (ID 16-709) to the Contested Consent Calendar for further discussion. APPROVAL OF THE CONSENT CALENDAR On motion of Vice President Quintero, seconded by Councilmember City of Fresno ***Subject to Mayoral Veto Page 2 City Council Meeting Minutes - Final June 16, 2016 Brand, the CONSENT CALENDAR was hereby adopted by the following vote: Aye: 6 - Caprioglio, Quintero, Baines III, Brand, Brandau and Soria Absent: 1 - Olivier 1-A ID16-660 Approval of a Purchase Agreement between Westervelt Ecological Services, LLC, and the City of Fresno, for the purchase of habitat conservation credits from the Grasslands Mitigation Bank in the amount of $73,500, in support of construction of a turnout/diversion facility associated with the Friant-Kern Canal Raw Water Pipeline, to be constructed in the U.S. Bureau of Reclamation’s Friant-Kern Canal (Council District 6, County). APPROVED The above item was approved on the Consent Calendar. 1-B ID16-674 Actions pertaining to the 2016 Edward Byrne Memorial Justice Assistance Grant (JAG) Program 1. Authorize the Chief of Police to apply for and accept $269,208 in total grant funding for the 2016 JAG Program from the U.S. Department of Justice, Bureau of Justice Assistance for the City and County of Fresno 2. Authorize the Chief of Police to execute all related documents to the application, acceptance, and administration of 2016 JAG Program APPROVED The above item was approved on the Consent Calendar. 1-C ID16-679 Award a purchase agreement between City of Fresno and Vincent Communications, Incorporated for the purchase of emergency communications equipment. APPROVED The above item was approved on the Consent Calendar. 1-D ID16-680 Award a purchase agreement between City of Fresno and Keller Motors for the purchase of five (5) Chevy Silverado Pickup trucks in the amount of $188,642.05 for the Fire Department’s four new training officer positions and one new deputy chief position. City of Fresno ***Subject to Mayoral Veto Page 3 City Council Meeting Minutes - Final June 16, 2016 APPROVED The above item was approved on the Consent Calendar. 1-E ID16-684 Actions pertaining to Headworks Wet Well Cleaning at the Fresno/Clovis Regional Wastewater Reclamation Facility (Bid File 3466) (Council District 3) 1. ***RESOLUTION - 52nd amendment to the Annual Appropriation Resolution (AAR) No. 2015-104 appropriating $299,400 (Requires 5 affirmative votes) 2. Adopt a finding of Categorical Exemption of Class 1, pursuant to Section 15301(b) (Existing facilities) of the California Environmental Quality Act Guidelines 3. Award a $289,394 construction contract to Pipe and Plant Solutions, Inc., of Berkeley, California RESOLUTION 2016-109 ADOPTED The above item was approved on the Consent Calendar. 1-F ID16-685 Approve a License Agreement between the Fresno Irrigation District (District) and the City of Fresno with a one-time fee of $5,000 for the construction, maintenance, and operation of the Kings River Pipeline turnout/diversion facility. (County) APPROVED The above item was approved on the Consent Calendar. 1-G ID16-686 Approve Agreement to Reimburse Fresno Irrigation District for Activities Related to the Implementation of Recharge Fresno Projects in an Amount Not To Exceed $200,000, for Necessary Plan Review Services, Construction Permits, Construction Inspections, and Related Activities (Citywide). APPROVED The above item was approved on the Consent Calendar. 1-H ID16-688 Award a construction contract in the amount of $430,569 to American Construction Engineers of Tollhouse, California for the Herndon Right Turn Lane Improvements at the intersection of Herndon and Blackstone Avenues - Bid File No. 3461 (Council District 6) The above item was removed from the agenda by staff. City of Fresno ***Subject to Mayoral Veto Page 4 City Council Meeting Minutes - Final June 16, 2016 1-I ID16-639 Approve an agreement with Quad Knopf, Inc. of Fresno, CA in the amount of $104,000 for the design of plans, cost estimates and general construction documents for the Holmes Park and Mosqueda Park Splash Pads project (Council Districts 3 & 5) APPROVED The above item was approved on the Consent Calendar. 1-J ID16-644 Actions pertaining to retaining financial consulting services for the Department of Public Utilities (DPU) divisions (RFQ No. 24272) (Citywide) 1. Award a contract for an amount not to exceed $156,600 to Municipal Financial Services for financial consulting services for DPU Water Division and Wastewater Management Divisions 2. Award a contract for an amount not to exceed $113,480 for HF&F Consultants for financial consulting services for DPU Solid Waste Management Division APPROVED The above item was approved on the Consent Calendar. 1-K ID16-734 Approve the City of Fresno Transparency in City Government Act - Article VIII Annual Compensation Disclosure Report for 2015 APPROVED The above item was approved on the Consent Calendar. 1-L ID16-709 Approve a consultant services agreement with Campbell Strategy and Advocacy, LLC for an amount not to exceed $270,000 for professional lobbying and consulting services in California. The above item was moved to the Contested Consent Calendar for further discussion. CEREMONIAL PRESENTATIONS ID16-728 Proclamation of “ALZHEIMER’S AND BRAIN AWARENESS MONTH” The above item was removed from the agenda. CONTESTED CONSENT CALENDAR City of Fresno ***Subject to Mayoral Veto Page 5 City Council Meeting Minutes - Final June 16, 2016 1-L ID16-709 Approve a consultant services agreement with Campbell Strategy and Advocacy, LLC for an amount not to exceed $270,000 for professional lobbying and consulting services in California. The above item was introduced to Council by Mayoral Chief of Staff White. Ms. White clarified, for the record, that the scope of services would be revised to reflect that the city of Fresno would be Mr. Campbell's exclusive city client. Councilmember Soria motioned to approve the item with the inclusion of quarterly reports to Council as part of the scope of work. Councilmember Brandau seconded the motion. Councilmember Soria requested Mr. Campbell provide Council a report detailing his perspective on the California State budget and where the city of Fresno could benefit. APPROVED AS AMENDED On motion of Councilmember Soria, seconded by Councilmember Brandau, the above Item was approved as amended to include quarterly reports to Council. The motion carried by the following vote: Aye: 6 - Caprioglio, Quintero, Baines III, Brand, Brandau and Soria Absent: 1 - Olivier 2. GENERAL ADMINISTRATION 2-A ID16-744 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) The above item was introduced to Council by Special Projects Engineer Krauter. Ann Kloose, PG&E Senior Government Relations Representative, City of Fresno ***Subject to Mayoral Veto Page 6 City Council Meeting Minutes - Final June 16, 2016 also spoke on this item. Councilmember Soria requested a meeting with staff regarding potential locations for additional light replacements. RESOLUTION 2016-110 ADOPTED On motion of Councilmember Baines III, seconded by Councilmember Brandau, the above item was approved. The motion carried by the following vote: Aye: 6 - Caprioglio, Quintero, Baines III, Brand, Brandau and Soria Absent: 1 - Olivier Councilmember Soria exited the Council Chamber at 2:22 P.M. and returned at 2:33 P.M. 2-B ID16-661 Actions pertaining to the design contract for the Recycled Water Distribution System, Southwest Quadrant, Project (Council District 3 and Fresno County) 1. ***RESOLUTION - 48th Amendment to the Annual Appropriation Resolution (AAR) No. 2015-104 appropriating $674,300 (Requires affirmative 5 votes) 2. Approve the First Amendment to the Agreement with Blair, Church & Flynn Consulting Engineers, a California Corporation for professional engineering services for the design (Council District 3 and portions of Fresno County) The above item was introduced to Council by Supervising Professional Engineer Norgaard. RESOLUTION 2016-111 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 Brandau Absent: 2 - Olivier and Soria 2-C ID16-663 Actions pertaining to construction of the Headworks Odor Control System Replacement and Relocation at the Regional Wastewater Reclamation Facility (RWRF) (Bid File 3464) (Council District 3) City of Fresno ***Subject to Mayoral Veto Page 7 City Council Meeting Minutes - Final June 16, 2016 1. ***RESOLUTION - 53rd amendment to the Annual Appropriation Resolution No. 2015-104 appropriating $1,570,500 (Requires 5 affirmative votes) 2. Adopt a finding of Categorical Exemption of Class 3, pursuant to Section 15303 of the California Environmental Quality Act Guidelines 3. Award a Construction Contract to Hal Hays Construction Inc. of Riverside, California in the amount of $8,296,900 The above item was introduced to Council by Supervising Professional Engineer Norgaard. RESOLUTION 2016-112 ADOPTED On motion of Councilmember Baines III, seconded by Councilmember Brand, the above item was approved. The motion carried by the following vote: Aye: 5 - Caprioglio, Quintero, Baines III, Brand and Brandau Absent: 2 - Olivier and Soria 2-D ID16-676 Actions pertaining to construction of the Orange Center School District Pipeline Project (Bid File Number 3421) (Fresno County; City of Fresno Sphere of Influence) 1. ***RESOLUTION - 50th amendment to the Annual Appropriation Resolution (AAR) No. 2015-104 appropriating $1,190,400.00 for the award of the construction contract for the Orange Center School District Pipeline Project (Requires 5 affirmative votes) 2. Award a construction contract in the amount of $1,190,302.29 to Dawson-Mauldin Construction, Inc. for the Orange Center School District Pipeline Project The above item was introduced to Council by Project Manager Pavic. RESOLUTION 2016-113 ADOPTED On motion of Councilmember Baines III, seconded by Vice President Quintero, the above item was approved. The motion carried by the following vote: Aye: 5 - Caprioglio, Quintero, Baines III, Brand and Brandau Absent: 2 - Olivier and Soria City of Fresno ***Subject to Mayoral Veto Page 8 City Council Meeting Minutes - Final June 16, 2016 2-E ID16-681 Approve a consultant services agreement with Kimley-Horn and Associates, Inc., to provide professional civil engineering consulting services for the reconstruction of Taxiway C and cross Taxiway C10 at Fresno Yosemite International Airport (FAT) in an amount not to exceed $1,006,000 (Council District 4) The above item was introduced to Council by Aviation Director Meikle. APPROVED 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 Brandau Absent: 2 - Olivier and Soria 2-F ID16-687 Actions Pertaining to the Kings River Pipeline Project (Bid File 3433), (District 5, Fresno County) 1. Approve an Agreement for Repair of County Roads along the alignment for the raw water pipeline from the Kings River to the Southeast Surface Water Treatment Facility 2. Approve an Addendum to the County Road Encroachment Permit along the alignment for the raw water pipeline from the Kings River to the Southeast Surface Water Treatment Facility The above item was introduced to Council by Project Manager Wendels. APPROVED 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, Baines III, Brand, Brandau and Soria Absent: 1 - Olivier 2-G ID16-725 ***RESOLUTION - Amending the Better Business Act to add an exception when the City serves as co-applicant for certain State and Federal funds The above item was introduced to Council by Economic Development Coordinator Ruiz. City Manager Rudd, Assistant City Manager Smith and Government Affairs Manager Bergstrom also spoke on this item. City of Fresno ***Subject to Mayoral Veto Page 9 City Council Meeting Minutes - Final June 16, 2016 Councilmember Brand motioned to table the item indefinitely. Councilmember Brandau seconded the motion which failed 3-3-1 with Vice President Quintero, Councilmember Baines III and Councilmember Soria voting "No" and Councilmember Olivier absent. City Manager Rudd clarified that if the item was tabled or rejected by Council, the Cesar Chavez Foundation ("CCF") would not be able to include the City of Fresno as a partner in it's application. He also clarified, that if the item was rejected, the resolution portion of General Administration item 2-J (16-724) would become a moot point but Council could still approve the Disposition and Development Agreement and the waiver of impact fees. CCF, Housing and Economic Development Vice President Izmajtovich clarified that if the City of Fresno did not partner with CCF, his organization would miss out on four points related to a certain grant application. Councilmember Brand motioned to reject the item. Councilmember Brandau seconded the motion which failed 3-3-1 with Vice President Quintero, Councilmember Baines III and Councilmember Soria voting "No" and Councilmember Olivier absent. No motion was made to approve the item as it was clear there was no way to overcome a tie vote. DISCUSSED - NO ACTION TAKEN Councilmember Brand motioned to reject the item and Councilmember Brandau seconded the motion which FAILED by the following vote: Aye: 3 - Caprioglio, Brand and Brandau No: 3 - Quintero, Baines III and Soria Absent: 1 - Olivier 2-J ID16-724 Actions pertaining to the Cesar Chavez Foundation Project located at the 5100 block of E. Kings Canyon Road 1. ***RESOLUTION - Authorizing Application for the Affordable Housing and Sustainable Communities Program and Authorizing Execution of Program Documents - Cesar Chavez Project (District 5) 2. Approve Amended Disposition and Development Agreement between Cesar Chavez Foundation and the City of Fresno City of Fresno ***Subject to Mayoral Veto Page 10 City Council Meeting Minutes - Final June 16, 2016 3. Approve a Waiver of Development Impact Fees in the amount of $648,133.42. The above item was introduced to Council by Economic Development Coordinator Ruiz. City Manager Rudd, and Assistant City Manger Smith also spoke on this item. Ms. Smith and Ms. Ruiz clarified that the Council would be voting to approve the reconveyance portion of the amended Disposition and Development Agreement (section 2.14) as well as the Waiver of Development Impact Fees. The following member of the public spoke on this item: Mary Esther Correa. APPROVED AS AMENDED On motion of Vice President Quintero, seconded by Councilmember Baines III, the Waiver of Development Impact Fees and the reconveyance portion of the amended Disposition and Development Agreement were approved (the resolution was not considered). The motion carried by the following vote: Aye: 6 - Caprioglio, Quintero, Baines III, Brand, Brandau and Soria Absent: 1 - Olivier Councilmember Baines III exited the Counicl Chamber at 3:26 P.M. and returned at 3:49 P.M. 2-H ID16-708 RESOLUTION - Authorizing the addition of subcontractors to a construction contract of $1,266,048.61 between the City of Fresno and Clean Energy, Inc. due to public necessity The above item was introduced to Council by Assistant Director of Transportation, Schaad. RESOLUTION 2016-115 ADOPTED 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, Brand, Brandau and Soria Absent: 2 - Baines III and Olivier 2-I ID16-657 ***RESOLUTION - 49th amendment to the Annual Appropriation City of Fresno ***Subject to Mayoral Veto Page 11 City Council Meeting Minutes - Final June 16, 2016 Resolution (AAR) No. 2015-104 appropriating $2,210,000 in the General Fund for the payment of claims and refunds in the Workers Compensation Fund. (Requires 5 affirmative votes) The above item was introduced to Council by Personnel Director Cardell. Budget Manager Sumpter also spoke on this item. RESOLUTION 2016-114 ADOPTED 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, Brand, Brandau and Soria Absent: 2 - Baines III and Olivier President Caprioglio exited the Council Chamber at 3:31P.M. and returned at 3:44 P.M. Councilmember Brandau exited the Council Chamber at 3:31P.M. and returned at 3:44 P.M. Councilmember Soria exited the Council Chamber at 3:33P.M. and returned at 3:44 P.M. UNSCHEDULED COMMUNICATION Upon call, the following member of the public addressed Council during Unscheduled Communication: Mary Esther Correa - thanked Council and the City Manager's Office for helping to get her water turned backed on. Ms. Correa also complained that the contract she was required to sign for her water was outrageous and she had no assistance in deciphering certain charges and terms in the contract. Ms. Correa also claimed that Code Enforcement falsely identified her as a slumlord because of things her tenants had done. RECESSED 3:35 P.M. to 3:44 P.M. 3. SCHEDULED COUNCIL HEARINGS AND MATTERS 2:00 P.M.#1 ID16-696 Appearance by Antonio Simone to discuss the possibility of locking garbage/recycling cans to avoid people going through them The above item was removed from the agenda. City of Fresno ***Subject to Mayoral Veto Page 12 City Council Meeting Minutes - Final June 16, 2016 2:00 P.M.#2 ID16-722 Continued Budget Hearing Overflow (if needed) Council continued the budget hearing discussion at 3:44 P.M. GENERAL CITY PURPOSE CONTINUED Council continued discussion of the proposed General City Purpose budget and touched on the following topics: professional services and consultants; the special projects line item; CDBG pay-back; the Enterprise Zone Fund; economic development infrastructure; the EDA program; the Historical Society; the Big Fresno Fair Historical Museum; corroded galvanized pipes, and; the SPCA. Public comment on the proposed General City Purpose budget was closed on June 15, 2016. Vice President Quintero motioned to move $48,000 in the General Fund budget for the Fresno Historical Society to suppot the Society's work at City Hall including preparation of exhibit cases in the City Hall foyers, presentations for the Mayor's Citizens' Academy, research for City projects, historic information to potential relocated businesses , as well as the Coiety's overall educational programming for local students. The funding would also support collection and preservation of historic artifacts, photographs and documents that record the history of Fresno. Councilmember Brand seconded the motion. Vice President Quintero motioned to provide $25,000 to support the Big Fresno Fair Historical Muesum with funds from the para mutual racing revenue to go directly towards paying down the balance of the facility. Councilmember Brand seconded the motion. Councilmember Brand motioned to set aside $250,000 for citywide rebates through through Water Enterprise funds, for homeowners impacted by corroded pipes installed between 1989 and 1999. President Caprioglio seconded the motion. Councilmember Baines III motioned that, in future budgets, funds for the SPCA contract should be under General City Purpose and not the PARCS Department. The motion was seconded by Councilmember Soria. City of Fresno ***Subject to Mayoral Veto Page 13 City Council Meeting Minutes - Final June 16, 2016 PUBLIC WORKS Budget Manager Sumpter presented an overview of the proposed Public Works budget. Upon call, no member of the public addressed Council regarding the proposed budget for Public Works during this meeting. On June 15, 2016, Council President Caprioglio allowed the following members of the public comment on the Public Works budget prior to the item being heard: Reverend Sophia Dewitt of the Better Blackstone Project - identified needs for additional sidewalks, crosswalks and sidewalk repairs in the Susan B. Anthony neighborhood. She had contacted Public Works Manager Gormely and the Fresno Council of Governments about the needs. Reverend Dewitt intends to follow up with photographs to Scott Mozier and will be working with Councilmember Baines III. She expressed her support for the Concrete Strike Team and the increased Public Works budget. Sara Salgado of the Better Blackstone Project - stated that streets and sidewalks in the Susan B. Anthony neighborhood are in need of repair and a sidewalk needs to be installed near the train tracks south of McKinley. Margarita Villasenor - discussed the need for infrastructure in District Five neighborhoods. Lack of maintenance has caused trees to cover street lights. Additional trees would provide shade and encourage residence to be outside. City Manager Rudd asked Ms. Villasenor to provide him with addresses of the problem trees so he could have crews address them. Isabel Vargas - discussed loose dogs in District Five that create safety concerns for residents and children. Ms. Vargas asked for more funding for the SPCA. Councilmember Soria suggested that funding was adequate but that it might be a customer service issue. City Manager Rudd asked Ms. Vargas to provide him with the general area of the problem dogs and he would have the SPCA look into it. The area was noted to be around Tenth and Butler. Esparanza Delgado - discussed a lack of infrastructure and sidewalks in Districts Five and Seven. She would like the current sidewalks fixed and the new sidewalks installed where they are lacking. Ms. Delgado also noted a City of Fresno ***Subject to Mayoral Veto Page 14 City Council Meeting Minutes - Final June 16, 2016 need for ramps for accessibility in the neighborhoods. One area in need was around Orange and Ventura Avenues. Councilmember Soria asked that Ms. Delgado send her or Councilmember Quintero the exact addresses where sidewalks need repair. Council discussed the proposed Public Works budget and touched on the following topics: budget increases; computer replacements; increased services; the Concrete Strike Team; budget for median landscaping; the landscape maintenance program; reports from the FresGo application; Neighborhood Streets Program; median island landscaping in Downtown and China Town; needs in Highway City; the Olive streetscape grant; Van Ness payving allocations; payvment in front of Calwa School; Jensen Avenue sidewalk repairs; Heaton and Townsend street repairs; Oragne Avenue right of way acquisitions; a stop sign at Cedar and Woodward; Peach and Hamilton Avenue traffic study; progress at Belmont and Sunnyside Avenues; additional departmental needs including money need for paving, tree damaged concrete, tree trimming and slurry seal. Councilmember Baines III directed staff to provide Council with the rotational schedule of median island landscaping for Downtwon and Chinda Town. Councilmember Soria directed staff to provide Council with a report of Public Work CDBG projects by district from the last two years. Councilmember Soria directed staff to provide Council with a report of Public Works projects, by district, paid for by Measures "C" funds, Proposition 111 funds and Gas Tax funds. Councilmember Soria requested to meet with City Manager Rudd and Director Mozier. GENERAL CITY PURPOSE BUDGET DISCUSSED PUBLIC WORKS BUDGET DISCUSSED 4. CITY COUNCIL There were no City Council items on the agenda. 5. CLOSED SESSION The City Council met in Closed Session in Room 2125 from 5:07 P.M. to 5:55 P.M. to discuss the following: City of Fresno ***Subject to Mayoral Veto Page 15 City Council Meeting Minutes - Final June 16, 2016 ID16-721 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Government Code Section 54956.9(d)(4) Significant Exposure to Litigation: 1. Hustler Hollywood v. City of Fresno The above item was discussed during closed session. No open session announcements were made regarding this item. ID16-727 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION - Government Code Section 54956.9, subdivision (d)(1) 1. Shanney Johnson, et al., v. City of Fresno, et al.; Fresno County Superior Court Case No.: 16CECG00976 The above item was discussed during closed session. No open session announcements were made regarding this item. ADJOURNMENT Adjourned from Closed Session at 5:55 P.M. The above minutes were approved by unanimous vote of the City Council during the June 23, 2016 City Council meeting with Councilmember Quintero 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, June 16, 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 June 16, 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 as early as possible 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 June 16, 2016 1:30 P.M. ROLL CALL Invocation by Reza Nekumanesh of the Islamic Cultural Center Pledge of Allegiance to the Flag APPROVE AGENDA APPROVE MINUTES ID16-150 Approval of minutes from: June 7, 2016; June 8, 2016 and; June 9, 2016 COUNCILMEMBER REPORTS AND COMMENTS 1. CONSENT CALENDAR All Consent Calendar items are considered to be routine and will be treated as one agenda item. The Consent Calendar will be enacted by one motion. Public comment on the Consent Calendar is limited to three (3) minutes per speaker. There will be no separate discussion of these items unless requested by a Councilmember, in which event the item will be removed from the Consent Calendar and will be considered as time allows. 1-A ID16-660 Approval of a Purchase Agreement between Westervelt Ecological Services, LLC, and the City of Fresno, for the purchase of habitat conservation credits from the Grasslands Mitigation Bank in the amount of $73,500, in support of construction of a turnout/diversion facility associated with the Friant-Kern Canal Raw Water Pipeline, to be constructed in the U.S. Bureau of Reclamation’s Friant-Kern Canal (Council District 6, County). Sponsors: Department of Public Utilities 1-B ID16-674 Actions pertaining to the 2016 Edward Byrne Memorial Justice Assistance Grant (JAG) Program 1. Authorize the Chief of Police to apply for and accept $269,208 in total grant funding for the 2016 JAG Program from the U.S. Department of Justice, Bureau of Justice Assistance for the City and County of Fresno 2. Authorize the Chief of Police to execute all related documents to the application, acceptance, and City of Fresno ***Subject to Mayoral Veto Page 3 City Council Meeting Agenda - Final June 16, 2016 administration of 2016 JAG Program Sponsors: Police Department 1-C ID16-679 Award a purchase agreement between City of Fresno and Vincent Communications, Incorporated for the purchase of emergency communications equipment. Sponsors: Fire Department 1-D ID16-680 Award a purchase agreement between City of Fresno and Keller Motors for the purchase of five (5) Chevy Silverado Pickup trucks in the amount of $188,642.05 for the Fire Department’s four new training officer positions and one new deputy chief position. Sponsors: Fire Department 1-E ID16-684 Actions pertaining to Headworks Wet Well Cleaning at the Fresno/Clovis Regional Wastewater Reclamation Facility (Bid File 3466) (Council District 3) 1. ***RESOLUTION - 52nd amendment to the Annual Appropriation Resolution (AAR) No. 2015-104 appropriating $299,400 (Requires 5 affirmative votes) 2. Adopt a finding of Categorical Exemption of Class 1, pursuant to Section 15301(b) (Existing facilities) of the California Environmental Quality Act Guidelines 3. Award a $289,394 construction contract to Pipe and Plant Solutions, Inc., of Berkeley, California Sponsors: Department of Public Utilities 1-F ID16-685 Approve a License Agreement between the Fresno Irrigation District (District) and the City of Fresno with a one-time fee of $5,000 for the construction, maintenance, and operation of the Kings River Pipeline turnout/diversion facility. (County) Sponsors: Department of Public Utilities 1-G ID16-686 Approve Agreement to Reimburse Fresno Irrigation District for Activities Related to the Implementation of Recharge Fresno Projects in an Amount Not To Exceed $200,000, for Necessary Plan Review Services, Construction Permits, Construction Inspections, and Related Activities (Citywide). Sponsors: Department of Public Utilities 1-H ID16-688 Award a construction contract in the amount of $430,569 to City of Fresno ***Subject to Mayoral Veto Page 4 City Council Meeting Agenda - Final June 16, 2016 American Construction Engineers of Tollhouse, California for the Herndon Right Turn Lane Improvements at the intersection of Herndon and Blackstone Avenues - Bid File No. 3461 (Council District 6) Sponsors: Public Works Department 1-I ID16-639 Approve an agreement with Quad Knopf, Inc. of Fresno, CA in the amount of $104,000 for the design of plans, cost estimates and general construction documents for the Holmes Park and Mosqueda Park Splash Pads project (Council Districts 3 & 5) Sponsors: Public Works Department, Parks, After School and Recreation and Community Services Department 1-J ID16-644 Actions pertaining to retaining financial consulting services for the Department of Public Utilities (DPU) divisions (RFQ No. 24272) (Citywide) 1. Award a contract for an amount not to exceed $156,600 to Municipal Financial Services for financial consulting services for DPU Water Division and Wastewater Management Divisions 2. Award a contract for an amount not to exceed $113,480 for HF&F Consultants for financial consulting services for DPU Solid Waste Management Division Sponsors: Department of Public Utilities 1-K ID16-734 Approve the City of Fresno Transparency in City Government Act - Article VIII Annual Compensation Disclosure Report for 2015 Sponsors: City Manager's Office 1-L ID16-709 Approve a consultant services agreement with Campbell Strategy and Advocacy, LLC for an amount not to exceed $270,000 for professional lobbying and consulting services in California. Sponsors: Mayor's Office CEREMONIAL PRESENTATIONS ID16-728 Proclamation of “ALZHEIMER’S AND BRAIN AWARENESS MONTH” City of Fresno ***Subject to Mayoral Veto Page 5 City Council Meeting Agenda - Final June 16, 2016 Sponsors: City Councilmember Soria CONTESTED CONSENT CALENDAR 2. GENERAL ADMINISTRATION 2-A ID16-744 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) Sponsors: Public Works Department 2-B ID16-661 Actions pertaining to the design contract for the Recycled Water Distribution System, Southwest Quadrant, Project (Council District 3 and Fresno County) 1. ***RESOLUTION - 48th Amendment to the Annual Appropriation Resolution (AAR) No. 2015-104 appropriating $674,300 (Requires affirmative 5 votes) 2. Approve the First Amendment to the Agreement with Blair, Church & Flynn Consulting Engineers, a California Corporation for professional engineering services for the design (Council District 3 and portions of Fresno County) Sponsors: Department of Public Utilities 2-C ID16-663 Actions pertaining to construction of the Headworks Odor Control System Replacement and Relocation at the Regional Wastewater Reclamation Facility (RWRF) (Bid File 3464) (Council District 3) 1. ***RESOLUTION - 53rd amendment to the Annual Appropriation Resolution No. 2015-104 appropriating $1,570,500 (Requires 5 affirmative votes) 2. Adopt a finding of Categorical Exemption of Class 3, pursuant to Section 15303 of the California Environmental Quality Act Guidelines 3. Award a Construction Contract to Hal Hays Construction City of Fresno ***Subject to Mayoral Veto Page 6 City Council Meeting Agenda - Final June 16, 2016 Inc. of Riverside, California in the amount of $8,296,900 Sponsors: Department of Public Utilities 2-D ID16-676 Actions pertaining to construction of the Orange Center School District Pipeline Project (Bid File Number 3421) (Fresno County; City of Fresno Sphere of Influence) 1. ***RESOLUTION - 50th amendment to the Annual Appropriation Resolution (AAR) No. 2015-104 appropriating $1,190,400.00 for the award of the construction contract for the Orange Center School District Pipeline Project (Requires 5 affirmative votes) 2. Award a construction contract in the amount of $1,190,302.29 to Dawson-Mauldin Construction, Inc. for the Orange Center School District Pipeline Project Sponsors: Department of Public Utilities 2-E ID16-681 Approve a consultant services agreement with Kimley-Horn and Associates, Inc., to provide professional civil engineering consulting services for the reconstruction of Taxiway C and cross Taxiway C10 at Fresno Yosemite International Airport (FAT) in an amount not to exceed $1,006,000 (Council District 4) Sponsors: Airports Department 2-F ID16-687 Actions Pertaining to the Kings River Pipeline Project (Bid File 3433), (District 5, Fresno County) 1. Approve an Agreement for Repair of County Roads along the alignment for the raw water pipeline from the Kings River to the Southeast Surface Water Treatment Facility 2. Approve an Addendum to the County Road Encroachment Permit along the alignment for the raw water pipeline from the Kings River to the Southeast Surface Water Treatment Facility Sponsors: Department of Public Utilities 2-G ID16-725 ***RESOLUTION - Amending the Better Business Act to add an exception when the City serves as co-applicant for certain State and Federal funds Sponsors: City Manager's Office 2-H ID16-708 RESOLUTION - Authorizing the addition of subcontractors to a construction contract of $1,266,048.61 between the City of City of Fresno ***Subject to Mayoral Veto Page 7 City Council Meeting Agenda - Final June 16, 2016 Fresno and Clean Energy, Inc. due to public necessity Sponsors: Department of Public Transportation 2-I ID16-657 ***RESOLUTION - 49th amendment to the Annual Appropriation Resolution (AAR) No. 2015-104 appropriating $2,210,000 in the General Fund for the payment of claims and refunds in the Workers Compensation Fund. (Requires 5 affirmative votes) Sponsors: Personnel Services Department ID16-724 Actions pertaining to the Cesar Chavez Foundation Project located at the 5100 block of E. Kings Canyon Road 1. ***RESOLUTION - Authorizing Application for the Affordable Housing and Sustainable Communities Program and Authorizing Execution of Program Documents - Cesar Chavez Project (District 5) 2. Approve Amended Disposition and Development Agreement between Cesar Chavez Foundation and the City of Fresno 3. Approve a Waiver of Development Impact Fees in the amount of $648,133.42. 3. SCHEDULED COUNCIL HEARINGS AND MATTERS 2:00 P.M.#1 ID16-696 Appearance by Antonio Simone to discuss the possibility of locking garbage/recycling cans to avoid people going through them 2:00 P.M.#2 ID16-722 Continued Budget Hearing Overflow (if needed) Sponsors: Finance Department 4. CITY COUNCIL 5. CLOSED SESSION ID16-721 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Government Code Section 54956.9(d)(4) Significant Exposure to Litigation: City of Fresno ***Subject to Mayoral Veto Page 8 City Council Meeting Agenda - Final June 16, 2016 1. Hustler Hollywood v. City of Fresno Sponsors: City Attorney's Office ID16-727 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION - Government Code Section 54956.9, subdivision (d)(1) 1. Shanney Johnson, et al., v. City of Fresno, et al.; Fresno County Superior Court Case No.: 16CECG00976 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 (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 JUNE 23, 2016 10:00 A.M. - HEARING - Urban Water Management Plan JUNE 30 2016 - 10:00 HEARING - Rezone Application No. R-16-004, Annexation Application No. ANX-16-001, and related Environmental Assessment No. R 16 004/ANX-16-001/T-6139, filed by Lennar Fresno, Inc. and pertaining to approximately 38.70 acres of property located on the northeast corner of N. Polk and W. Olive Avenues. JULY 28, 2016 10:00 A.M. - HEARING Regarding the vacation of a portion of W. Spruce Avenue (formally N. Josephine Avenue) and W. Elgin Avenue (Council District 2) July 28, 2016 10:15 A.M. - HEARING to consider the proposed Annual Assessment for the City City of Fresno ***Subject to Mayoral Veto Page 9 City Council Meeting Agenda - Final June 16, 2016 of Fresno Landscaping and Lighting Maintenance District No. 1 (Citywide) July 28, 2016 10:30 AM - HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding City of Fresno Community District No. 11, Annexation No. 71(Final Tract Map No. 6079 and 6108) (northeast corner of North Fowler Avenue and East Clinton Avenue) (Council District 4) UPCOMING BUDGET HEARINGS: (Subject to Change) June 21, 2106 - 9:30 A.M. Council Vote on Motions Made During Budget Hearing JUNE 23, 2016 - (TBA) - Budget Adoption JUNE 30, 2016 - Budget Adoption Deadline UPCOMING EMPLOYEE CEREMONIES 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 JUNE 23, 2016 - 8:30 A.M. MEETING (BUDGET ADOPTION) JUNE 30, 2016 - 8:30 A.M. MEETING JULY 7, 2016 - NO MEETING JULY 14, 2016 - 8:30 A.M. MEETING JULY 21, 2016 - COUNCIL VACATION JULY 28, 2016 - 8:30 A.M. MEETING City of Fresno ***Subject to Mayoral Veto Page 10

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