City Council
Regular MeetingFresno, CA · June 16, 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, 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.
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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
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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.
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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.
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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
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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,
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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)
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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
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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.
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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
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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
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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.
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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.
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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
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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:
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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.
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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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