City Council
Regular MeetingFresno, CA · June 23, 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 23, 2016 9:00 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.
9:05 A.M. ROLL CALL
Present: 7 - President Paul Caprioglio
Vice President Sal Quintero
Councilmember Oliver L. Baines III
Councilmember Lee Brand
Councilmember Steve Brandau
Councilmember Clinton Olivier
Councilmember Esmeralda Soria
Councilmember Quintero was absent during Roll Call and entered the Council
Chamber at 9:09 A.M.
Invocation by District Three Chief of Staff, Gregory Barfield
Pledge of Allegiance to the Flag
APPROVE AGENDA
City Clerk Spence announced the following changes to the agenda:
Consent Calendar item 1-I (ID 16-736) would be heard under General
Administration; the following correction was read into the record for the 9:00
A.M. Scheduled Matter (ID 16-756) "The salary range for the Assistant
Retirement Administrator has been updated to reflect the correct range. The
correct salary range is $8,970.00 at "B" Step and $12,621.00 at "E" Step.";
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the following correction was read into the record for Consent Calendar item
1-G (ID 16-755) "the dates for the original agreement are incorrect in the
Recommendation and Executive Summary Sections of the staff report. The
correct date is December 7, 2015, not 2016."
APPROVED AS AMENDED
On motion of Councilmember Baines III, seconded by Councilmember
Brand, the agenda was approved as amended. The motion carried by
the following vote:
Aye: 6 - Caprioglio, Baines III, Brand, Brandau, Olivier and Soria
Absent: 1 - Quintero
APPROVE MINUTES
ID16-151 Approval of minutes from: June 14, 2016; June 15, 2016 and;
June16, 2016
On motion of Councilmember Soria, seconded by Councilmember
Baines III, the above Minutes were approved. The motion carried by the
following vote:
Aye: 6 - Caprioglio, Baines III, Brand, Brandau, Olivier and Soria
Absent: 1 - Quintero
COUNCILMEMBER REPORTS AND COMMENTS
Councilmember Brandau reported that he had attended the grand opening
of Tang Yuan, a Chinese seafood restaurant at Palm and Bullard. He and
Councilmember Quintero agreed that the food was delicious and the grand
opening was a great spectacle with at least a thousand firecrackers.
Councilmember Baines III asked for the meeting to be adjourned in the
memory of twenty month old Rashad Halford who was murdered in
Southeast Fresno on June 21, 2016.
President Caprioglio announced that the meeting would also be adjourned in
the memory of Luigi Fidele Rusca. He remembered Mr. Rusca as a farmer,
leader and World War II veteran from Sanger.
1. CONSENT CALENDAR
APPROVAL OF THE CONSENT CALENDAR
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On motion of Councilmember Brand, seconded by President
Caprioglio, the CONSENT CALENDAR was hereby adopted by the
following vote:
Aye: 7 - Caprioglio, Quintero, Baines III, Brand, Brandau, Olivier and
Soria
1-A ID16-703 RESOLUTION - Approving the Final Map of Tract No.
6060-Northwest side of Stanislaus Street between Fulton Street
and Van Ness Avenue (Council District 3)
RESOLUTION 2016-116 ADOPTED
The above item was APPROVED on the Consent Calendar.
1-B ID16-715 Approve Master Agreement for inter-agency instructional
services between Fresno City College and the City of Fresno
Fire Department for reimbursement of instructional training
hours cost
APPROVED
The above item was APPROVED on the Consent Calendar.
1-C ID16-717 Actions pertaining to sewer rehabilitation in Home Avenue (Bid
File 3456) (Council District 4 and 7)
1. Adopt findings of Categorical Exemption/Class 1, pursuant to
Section 15301(d) (Existing facilities) and Categorical
Exemption/Class 2, pursuant to Section 15302(c) (Replacement
or reconstruction) of the California Environmental Quality Act
Guidelines, and
2. Award a construction contract in the amount of $75,255 to
Burtech Pipeline Inc., of Encinitas, California
APPROVED
The above item was APPROVED on the Consent Calendar.
1-D ID16-718 Actions pertaining to sewer rehabilitation in F Street and Santa
Clara Avenue (Bid File 3455) (Council District 3)
1. Adopt findings of Categorical Exemption/Class 1, pursuant to
Section 15301(d) (Existing facilities) and Categorical
Exemption/Class 2, pursuant to Section 15302(c) (Replacement
or reconstruction) of the California Environmental Quality Act
Guidelines, and
2. Award a construction contract in the amount of $237,425 to
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SAK Construction Inc. LLC of Rocklin California
APPROVED
The above item was APPROVED on the Consent Calendar.
1-E ID16-729 Approve a Lease Agreement between the City of Fresno and
Henry Wang, an individual d/b/a. The Flight Line, for a
restaurant at Fresno Chandler Executive Airport (Council District
3)
APPROVED
The above item was APPROVED on the Consent Calendar.
1-F ID16-673 Award and approve administrative agreement with Willdan
Financial Services to provide services in connection with City
bonds relating to arbitrage calculations, continuing disclosure,
and the administration of special districts within the boundaries
of the City of Fresno
APPROVED
The above item was APPROVED on the Consent Calendar.
1-G ID16-755 Approve First Amendment to Agreement to the Consultant
Services Agreement between the City of Fresno and CDX
Wireless Technology Consulting, Inc., granting a time extension
for the completion of the Radio Systems Needs Evaluation.
APPROVED
The above item was APPROVED on the Consent Calendar.
1-H ID16-751 Adopt the Measure C Extension Fund Annual Allocation
Resolution in order to complete the Certification and Claim
process and allow the City of Fresno to receive its share of
Measure C Extension Funds in Fiscal Year 2016-2017
RESOLUTION 2016-117 ADOPTED
The above item was APPROVED on the Consent Calendar.
1-I ID16-736 Approve a Cooperate Agreement with the County of Fresno for
the Bullard Avenue Overlay between Blackstone and Marks
Avenues, for an estimated City contribution in the amount of
$1,058,500 (Council District 2 and County of Fresno)
The above item was moved to the General Administration portion of the
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agenda for consideration.
3. SCHEDULED COUNCIL HEARINGS AND MATTERS
9:00 A.M.
Actions on the Fiscal Year 2017 Budget and related items -
CONTINUED FROM JUNE 21, 2016
Discussion of the budget items began at 9:11 A.M.
Upon call, the following members of the public addressed Council regarding
the 9:00 P.M. Scheduled Matter: Actions on the Fiscal Year 2017 Budget
and related items (ID's 16-595, 16-596, 16-756, 16-597, 16-598, 16-611,
and 16-747):
Preston Prince of the Fresno Housing Authority - supported the upcoming
motion by Councilmember Soria to add funds for affordable housing. He
stated there was a desperate need for affordable housing and noted that
affordable housing complexes are completely booked the day they open.
He noted the Park Grove complex contained 215 units and 4,000
applications were received. A recent joint report with the California Housing
Partnership Corporation showed there was a need for 35,000 affordable
housing units and many households pay more than fifty percent of their
income for housing.
Ashley Werner of Leadership Counsel for Justice and Accountability -
supported the upcoming motion by Councilmember Soria to add affordable
housing funds. Reported that twenty-five percent of city residents pay more
than half of their income on housing. She noted that 41 other cities had
created affordable housing trust funds and hoped the City of Fresno would
exercise leadership in affordable housing by making an investment.
Kimberly McCoy - asked the city to invest $1.3 million in park maintenance
to bring the parks up to standard and to invest an additional $1 million to
build new parks in the areas that need them most. She noted that
Southwest Fresno lacked the same park opportunities found in other parts of
the City. Her organization canvased the residents of Southwest Fresno and
found that parks with new amenities were a priority for residents in
Southwest Fresno.
Noe Paramo of Building Healthy Communities and California Rural Legal
Assistance Foundation - supported augmenting affordable housing in the
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city. Asked Council to support the motion for affordable housing as well as
motions for parks, $250,000 for the Active Transportation Program, and
$500,000 for a city-wide Industrial Compatibility Assessment.
Reyna Villalobos of Building Healthy Communities - spoke in support of a
motion to add money for affordable housing. She noted that research
showed health was connected to housing.
Janine Kosi of Building Healthy Communities - Stated that affordable
housing was linked to education in that repeated moving caused poor
academic performance in children. By supporting affordable housing
children would do better in school which, in turn, would lead to upward
mobility and good things for families.
Asante Nkosi of Building Healthy Communities - spoke in support of
affordable housing and noted that living in a safe home has allowed him to
find higher education.
Brooke Leuavx of Building Healthy Communities - spoke in support of
affordable housing. Stated that healthy and safe living conditions were
important and no one should need to worry about where they are going to
sleep at night.
Austin Travis Dylan Hall - spoke in support of affordable housing. He stated
that he could not afford the housing options in the City of Fresno and was
lucky enough to live with his parents. He noted that young people could not
afford to live on their own especially while facing the burden of student
loans.
Sandra Celedon of Building Healthy Communities - said there was a need
for affordable housing across the City. She noted that current living
conditions were not healthy and code enforcement was needed to stop slum
lords. Ms. Celedon argued that an investment in parks was needed to
compensate for past cuts. She asked for $1.3 million for park maintenance
and an additional $1 million for new parks. She also advocated for $250,000
for the Active Transportation Program and $500,000 for the Industrial
Compatibility Assessment.
Nyla Zender of the League of Women Voters - supported healthy
environments for all residents. She requested additional money for
affordable housing as the current housing stock was unsafe and unhealthy.
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She also requested $1.3 million to improve existing parks and $1 million for
new parks. Ms. Zender asked for $250,000 for the Active Transportation
Program and $500,000 to fully fund the Industrial Compatibility Assessment.
Kiel Schmitt - suggested that additional affordable housing investments
would continue transforming inner city neighborhoods for the better and
would provide "live to work" opportunities. Asked Council to fund the
Industrial Compatibility Assessment because of the conflict with housing and
industry in the City. He encouraged cautious job growth with current
businesses near homes.
Mendez Francisco - stated that more affordable housing options were
needed in the city beyond Habitat for Humanity.
Margarita Villasenor - supported investment in affordable housing and said
youth pay too much for apartments. She suggested that young people lose
hope of ever buying a home while throwing money away money on high
rent. Ms. Villasenor stated that other cities have housing opportunities but
people want to live in Fresno so the opportunities must be created here.
She asked Council to create a new image of Fresno by investing in
affordable housing.
Isabel Vargas - spoke in support of revitalizing and reinvestment in older
neighborhoods. Stated that many homes were neglected and landlords did
not want to make improvements leading to unhealthy environments for
children. If there were affordable opportunities for people to purchase
homes, then they would not need to live in unhealthy conditions.
Leoncio Vasquez Santos of Building Healthy Communities - stated that
agricultural workers need affordable housing because their low wages force
them to live in terrible conditions. She said slumlords in Fresno will not fix
the most basic needs in housing and it was bad for families. Ms. Santos
noted authorities do not get reports of problems because tenants: are afraid
to make reports; are unaware of there is someone they can report the
problems to, or; experience language barriers while trying to report
problems.
Venise Curry of Communities for a New California Education Fund - spoke
in support of a healthier Fresno. She stated that residents wanted the parks,
clean and safe environments and healthy housing necessary for people to
thrive. She noted that healthy housing impacts health, education and the
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ability to thrive. Ms. Curry explained that housing costs impacted minorities
in different ways. She also asked for funding of the Industrial Compatibility
Assessment as air pollution was related to infant mortality rates.
Mary Curry of Concerned Citizens of West Fresno - stated affordable
housing, parks and clean air were not available to everyone in Fresno. She
noted that if there were decent parks and facilities for young people, there
would be less need for police. Ms. Curry explained there were no parks or
facilities in West Fresno. She said it was time to end the years of neglect in
these areas and it was time to provide opportunities for everyone.
Magdalena Barrios - spoke in support of affordable housing. She explained
how her family lost their home due to the high costs. Ms. Barrios said jobs in
the area paid little and rents were high. She asked Council to make
changes to improve housing so children could live in safe neighborhoods.
She asked for help to make rent affordable.
Maria Rodriguez - supported affordable housing and said many people in
Fresno struggled to pay rent.
Socorro Santian - spoke in support of affordable housing in Fresno. She
said many people in Fresno spent most of their money on housing and often
went without necessities such as medicine. She said people end up in the
emergency room because housing costs have made health a secondary
concern. Ms. Santian asked the Council to level the playing field and
support quality housing, education and parks.
Rosalina Carson - spoke in support of affordable housing and said the low
wages in the area made it impossible to live in nice homes. Ms. Carson also
noted High Speed Rail construction was moving homeless people into
neighborhoods where people struggle. She asked Council to invest in new
housing and to fix the current affordable housing stock.
Councilmember Quintero noted Councilmembers were leaving the Council
Chamber during the public comment period and, at times, their numbers
dipped below a quorum. City Attorney Sloan clarified that a quorum was
only required to start the meeting and when the Council was taking action.
Grecia Elenes of Leadership Counsel for Justice and Accountability - spoke
in support of affordable housing and said she was not able to afford a home
or rent in Fresno. She explained the lack of options for people desiring to
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leave slum housing. Ms. Elenes asked council to invest in affordable
housing to help solve the problem. She said people in stable housing were
more capable of reaching their full potential and would contribute to the work
force. She asked for additional funding to address deferred maintenance in
parks and funding for the Industrial Compatibility Assessment.
Nu Vang - spoke in support of affordable housing. She pointed out that
Fresno was the fifth largest city and was faced with extreme poverty. She
said the city could begin to address poverty with clean and healthy housing.
Ms. Vang pointed out that older residents also struggled with affordable
housing.
Marisa Vang - spoke in support of funding the Industrial Compatibility
Assessment. She explained that she attend Edison High School and
industrial pollution was a big concern as it was related to health issues and
learning problems in school. She suggested the Industrial Compatibility
Assessment could result in a better, healthier environment.
Simone Cranston-Rhodes - explained that she worked with tenants and was
a firsthand witness of the needs for affordable housing in Fresno. She
stated there were thousands of people needing to be lifted out of bad living
conditions.
Pastor Booker T. Lewis of Rising Star Missionary Baptist Church - said
people loved Fresno but entire neighborhoods had been neglected and were
in need of assistance. He said the discrepancies in housing were obvious
when driving from one end of the city to the other and he emplored the
Council to take action. He also expressed concern with the lack of quorum
that ensued when Councilmembers left the Chamber during public comment
periods.
Niki Singleton of Fresno Barrios Unidos - spoke about the strong need for
affordable housing. She said housing was important to establish a good
foundation for children. Ms. Singleton noted poverty was on the rise in
Fresno and Council could do something about it by funding affordable
housing.
Jacqueline Hirahara - explained that increases in rent were forcing people
out of the places they wanted to live. She spoke about the run-down stock of
affordable housing in Fresno and also mentioned the dangers of
gentrification.
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Marcella Lopez - suggested affordable housing be addressed in the
Southwest Fresno Specific Plan. She said young people wanted affordable
housing. Ms. Lopez also said the Councilmembers should not leave the
Council Chamber during public comment periods.
Ruben Zarate of Labor Council and Building Trades - spoke in support of
affordable housing and the need for additional affordable housing options in
Fresno.
Marina Magdaleno of International Union of Operating Engineers, Local 39 -
stated Councilmembers were showing a lack of respect to the people
speaking during public comment periods by leaving the Council Chamber.
She explained that it was difficult for people to attend the meetings and the
people should be heard when they make the time to show up. Ms.
Magdaleno expressed optimism that the budget would begin to reverse
years of cuts and would put people back to work and expand services. She
hoped the city would once again serve the people at the same levels as
when Fresno was an "All American City."
Councilmember Brand clarified that he had been leaving the Council
Chamber to meet with the Mayor to better understand the details of what he
would be voting on.
Lucia Avila - asked Council to fund affordable housing, the Industrial
Compatibility Assessment and parks.
Gabriela Mares of Clutivas la Salud - supports affordable housing, the Active
Transportation Plan and parks in disadvantaged areas of Southeast and
Southwest Fresno. She asked Council to invest in parks and create safe
places for children to play, walk and bike so people could live full lives. She
said her organization worked closely with residents and partners and
discovered people desired infrastructure like lighting and sidewalks. She
said the disadvantaged areas lacked proper maintenance, and investment in
infrastructure. She also noted there was a need for increased funding in
animal control activities and bus stop shelters.
Mary Esther Correa - asked Council to make affordable housing a priority.
She stated the City should have partnered with the Cesar Chavez
Foundation on its recent affordable housing grant application.
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Public comment was closed at 10:28 A.M.
WITHDRAWALS
Councilmember Baines III withdrew his motion to place the para-transit
contract out to bid upon expiration of the current agreement.
ADDITIONAL MOTIONS AND VOTES
Councilmember Soria made the following affordable housing motion: to
redirect any unallocated or returned CDBG funds to the affordable housing
category; begin the substantial amendment process including public
comment and advertising; funds set aside to match the EDA grant for public
works improvements in industrial areas that are above and beyond the EDA
grant match requirement will be redirected to affordable housing;
rehabilitation projects to be included as part of affordable housing; the funds
would be restricted and could not be used for any other purpose. President
Caprioglio seconded the motion. Councilmember Soria clarified that some
of the money would be available for organizations like Habitat for Humanity
and that code enforcement staffing levels would not be affected by the
motion. Councilmember Brand directed the City Attorney to look into
creative ways to stretch the dollars placed into the fund for affordable
housing.
The above motion regarding affordable housing PASSED by a vote of 5 to 2
with Councilmember Brandau and Councilmember Olivier voting, "no."
Councilmember Soria made the following funded vacant position motion: to
approve the budget resolution and related items with all approved
amendments and Council's amendments as provided in the memo from the
Mayor's office received June 22, 2016, along with the following language to
be inserted at the bottom of section three of the budget resolution "if an
employee position in any of the below listed department is funded but
remains unfilled for a fiscal quarter, the unspent appropriation for that
quarter shall be automatically transferred as follows (i) fifty percent of the
funds shall be transferred and divided equally among the seven council
districts for their infrastructure budgets, (ii) fifty percent shall be transferred
to the PARCS budget for the sole purpose of funding deferred maintenance
repair costs. At the end of each fiscal quarter the City Manager shall provide
a report to Council on applicable salary savings and then the transfer shall
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be placed within thirty days of the end of the quarter." This would apply to
the funded positions in the following departments: Finance, Fire, Information
Services, PARCS, Personnel, Police, DARM, Public Works, General
Purpose, City Manager and Mayor's Office, City Attorney and City Clerk's
Offices." President Caprioglio seconded the motion.
Councilmember Baines III requested Councilmember Soria remove the
portion of her motion regarding the Mayor's June 22, 2016 memo as he was
planning to make changes to it. Councilmember Soria and President Baines
III agreed. Councilmember Baines III suggested a report from the City
Manager's Office due in January to better assess projections and
assumptions. He also suggested that funds should be spent as follows: (i)
fifty percent in deferred maintenance in the parks, and (ii) fifty percent to Tier
1 deferred maintenance throughout the City as opposed to divided among
the Council Districts. Councilmember Soria and President Caprioglio agreed
to the change.
After hearing concerns about department use of funds from vacant funded
positions; losing the ability to respond to situations, and; revenue
assumptions and salary saving projections, Councilmember Soria withdrew
her vacant position motion in exchange for the following funded vacant
position motion: that salary savings from funded vacant positions be frozen;
Council would provide deferred maintenance input regarding the funds
following receipt of a January report the City Manager detailing the funds.
President Caprioglio seconded the motion.
The above funded vacant position motion FAILED by a vote of 4 to 3 with
Vice President Quintero, Councilmember Brand, Councilmember Brandau
and Councilmember Olivier voting, "no."
Councilmember Baines III motioned to adopt all budget items (16-595,
16-596, 16-756, 16-597, 16-598, 16-611) with the exception of the
Redevelopment Agency Loan Repayment item (16-747) with the following
changes to his June 21, 2016 omnibus motion and Councilmember
Brandau's June 21, 2016 Neighborhood Street Program motion: fund
$70,000 for Pinedale Community Center staffing; $100,000 for the BMX
Park; $50,000 for Mary Ella Brown Center; $55,000 for Melody Park;
$25,000 for Tower District satellite station; $25,000 for Stone Soup report
writing station; $48,000 for Fresno Historical Society; $25,000 for Fresno
Fair Museum; $47,000 for Quigley Park; $41,000 for Lafayette Park; $5,000
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for Manchester Park, and; $507,000 for the Neighborhood Street Program,
for a total of $998,000. Also direct staff to return in October with the updated
budget carryover amount and budget resolutions to support the following
spending plan: (i) for carryover in excess of $4.2 Million, the following
funding priorities shall be established: $100,000 for BMX park; $450,000
additional Tier 1 Deferred Maintenance (June 20, 2016, Memo); $548,000
for Neighborhood Street projects, and; (ii) for carryover in excess of $5.2
Million, the following funding priorities shall be established: remaining Tier 1
Deferred Maintenance items, and; remaining Tier 2 Deferred Maintenance
items. President Caprioglio seconded the motion.
City Clerk Spence read the following corrections into the record concerning
adoption of the Fiscal Year 2017 Salary Resolution (ID16-756): footnote
four on page 13-2.1 had been struck through but needs to be retained, and;
on page 2.2 the range number for the Retirement Benefits Manager is "E-11"
not "E-9"
The above motion to adopt the budget items PASSED by unanimous vote.
Councilmember Brand requested the City Manager work on narrowing the
salary range for exempt employees.
Councilmember Brand motioned to approve the resolution requiring the
deposit of Redevelopment Agency loan repayment funds into emergency
reserves (ID 16-747). Councilmember Olivier seconded the motion. City
Attorney Sloan clarified that the policy could be overturned at any time by
Council action subject to mayoral veto.
The above motion regarding emergency reserves PASSED by a vote or 5 to
2 with Councilmember Baines III and Councilmember Soria voting, "no."
The budget hearing was closed at 12:22 P.M.
ID16-595 ***Council adoption of the Fiscal Year 2016-2017 City of Fresno
budget including the Annual Appropriations Resolution (AAR)
RESOLUTION 2016-118 ADOPTED AS AMENDED
On motion of Councilmember Baines III, seconded by President
Caprioglio, the above item was approved as amended. The motion
carried by the following vote:
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Aye: 7 - Caprioglio, Quintero, Baines III, Brand, Brandau, Olivier and
Soria
ID16-596 ***RESOLUTION - Adopt the Fiscal Year 2017 Position
Authorization Resolution (PAR)
RESOLUTION 2016-119 ADOPTED
On motion of Councilmember Baines III, seconded by President
Caprioglio, the above item was approved. The motion carried by the
following vote:
Aye: 7 - Caprioglio, Quintero, Baines III, Brand, Brandau, Olivier and
Soria
ID16-756 ***RESOLUTION - Adopt the Fiscal Year 2017 Salary
Resolution
RESOLUTION 2016-120 ADOPTED
On motion of Councilmember Baines III, seconded by President
Caprioglio, the above item was approved. The motion carried by the
following vote:
Aye: 7 - Caprioglio, Quintero, Baines III, Brand, Brandau, Olivier and
Soria
ID16-597 ***BILL - (For introduction and adoption) - Adoption of Property
Tax Override Ordinance
BILL B-24 INTRODUCED AND ADOPTED AS
ORDINANCE 2016-22
On motion of Councilmember Baines III, seconded by President
Caprioglio, the above item was approved. The motion carried by the
following vote:
Aye: 7 - Caprioglio, Quintero, Baines III, Brand, Brandau, Olivier and
Soria
ID16-598 FY 2017 Gann Appropriation Limit Resolution
RESOLUTION 2016-121 ADOPTED
On motion of Councilmember Baines III, seconded by President
Caprioglio, the above item was approved. The motion carried by the
following vote:
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Aye: 7 - Caprioglio, Quintero, Baines III, Brand, Brandau, Olivier and
Soria
ID16-611 Approve the City of Fresno Investment Policy for Fiscal Year
2016-2017
RESOLUTION 2016-122 ADOPTED
On motion of Councilmember Baines III, seconded by President
Caprioglio, the above item was approved. The motion carried by the
following vote:
Aye: 7 - Caprioglio, Quintero, Baines III, Brand, Brandau, Olivier and
Soria
ID16-747 RESOLUTION - Requiring the Deposit of Redevelopment
Agency Loan Repayment Funds into the Emergency Reserve
until the Emergency Reserve reaches 10% of the Sum of
General Fund Appropriations Plus Transfers.
RESOLUTION 2016-123 ADOPTED
On motion of Councilmember Brand, seconded by Councilmember
Olivier, the above item was approved. The motion carried by the
following vote:
Aye: 5 - Caprioglio, Quintero, Brand, Brandau and Olivier
No: 2 - Baines III and Soria
10:15 A.M.
ID16-753 Appearance by Mary Esther Correa to discuss Code
Enforcement fining her for several years.
APPEARED
RECESSED 12:22 P.M. to 1:39 P.M.
1:30 P.M.
CONTESTED CONSENT CALENDAR
No items were moved to the Contested Consent Calendar.
CEREMONIAL PRESENTATIONS
ID16-767 Special Recognition and Presentation of the Freedom School
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and it’s attendees:
Evron Burton, Earl D. White III, Jadora J. White, Dwight Samuel,
Floyd D. Harris III, Freddy Dayvon, Freddie Dayshon Standifer,
Anthany Rogers, Elijah Mc Fall
PRESENTED
ID16-758 Recognition of Police Detective Brian Hance
PRESENTED
10:00 A.M.
ID16-720 HEARING to discuss and consider adoption of the 2015 Urban
Water Management Plan.
a. RESOLUTION - Adopting 2015 Urban Water Management
Plan (Citywide).
The above hearing was called to order at 1:59 P.M. The item was introduced
to Council by Water Division Manager Carbajal.
Upon call for public comment, no members of the public chose to address
Council and public comment was closed.
The hearing was closed at 2:06 P.M.
RESOLUTION 2016-124 ADOPTED
On motion of Councilmember Brandau, seconded by Councilmember
Baines III, the above item was approved. The motion carried by the
following vote:
Aye: 7 - Caprioglio, Quintero, Baines III, Brand, Brandau, Olivier and
Soria
11:00 A.M.
ID16-757 WORKSHOP - Regarding update on High Speed Rail
The above workshop was presented to Council California High Speed Rail
Authority ("CHSRA") Chair Dan Richard and CHSRA Chief Executive Officer
Jeff Morales. Lee Ann Eager, President of the Fresno County Economic
Development Commission, also spoke on this item.
Council discussion regarding the workshop included the following subjects:
train speeds, ticket costs, travel times; sustainability through completion of
City of Fresno ***Subject to Mayoral Veto Page 16
City Council Meeting Minutes - Final June 23, 2016
the project; project funding; track sharing; cap and trade shortfalls and
lawsuit; cap and trade auctions; availability of federal funds; private
investment; Chinese investment rumors; the timeline for private investment;
the heavy maintenance facility location; the non-existence of tax payer
subsidies for other high speed rail systems around the world; legislative
requirements for self-sustainability; operating costs; vetting of the business
plan/model and reasons for confidence; peer review studies; circumstances
behind faulty news outlet reporting; timeline extensions; existing corridors;
electric power and environmental benefits, and; right of way acquisitions.
Councilmember Olivier requested documents showing business models
operating without taxpayer subsidies. Mr. Richard stated he would provide
UIC reports. UIC is the French acronym for "International Union of
Railroads". Mr. Richard also stated he would provide Council with the
projected operating costs.
WORKSHOP HELD
Councilmember Olivier exited the Council Chamber at 3:51 P.M. and was absent for
the remainder of the meeting.
Councilmember Soria exited the Council Chamber at 4:04 P.M. and returned at 4:06
P.M.
2. GENERAL ADMINISTRATION
2-A ID16-716 Authorize the City Manager to Execute Agreements for Water
Sale and Transfer to the Kern-Tulare Water District for 5,000
Acre Feet, at $500 per Acre Foot.
The above item was introduced to Council by Public Utilities Director
Esqueda.
APPROVED
On motion of Councilmember Brandau, 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-B ID16-770 Approve a One Year Agreement with Central Unified School
District to provide swim lessons at Central High School East
Campus for the community
City of Fresno ***Subject to Mayoral Veto Page 17
City Council Meeting Minutes - Final June 23, 2016
The above item was introduced to Council by Parks, After School,
Recreation and Community Services Director Mollindeo.
APPROVED
On motion of Vice President Quintero, seconded by Councilmember
Baines III, the above item was approved. The motion carried by the
following vote:
Aye: 6 - Caprioglio, Quintero, Baines III, Brand, Brandau and Soria
Absent: 1 - Olivier
Councilmember Baines III exited the Council Chamber at 4:07 P.M. and was absent the
remainder of the meeting.
1-I ID16-736 Approve a Cooperate Agreement with the County of Fresno for
the Bullard Avenue Overlay between Blackstone and Marks
Avenues, for an estimated City contribution in the amount of
$1,058,500 (Council District 2 and County of Fresno)
The above item was introduced to Council by Public Works Assistant
Director Andersen.
APPROVED
On motion of Councilmember Brandau, seconded by Councilmember
Soria, 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 recognized and welcomed the Global Anabaptist Peacemakers
("GAP") students from Fresno Pacific University and the Mennonite Central Committee.
The GAP students study immigration and settlement issues and were touring City Hall.
4. CITY COUNCIL
ID16-740 Council Boards and Commissions Communications, Reports,
Assignments and/or Appointments, Reappointments, Removals
to/from City and non-City Boards and Commissions:
1. Council of Governments - Swearengin-Ex-Officio
(Olivier-Alternate)
2. Finance and Audit Committee - Brand, Olivier, Brandau
3. Fresno Area Workforce Investment Corporation - Baines
City of Fresno ***Subject to Mayoral Veto Page 18
City Council Meeting Minutes - Final June 23, 2016
4. Fresno County Transportation Authority (FCTA) -
Swearengin, Brandau
5. Fresno Regional Workforce Investment Board - Baines,
Renena Smith
6. Fresno County Zoo Authority - Swearengin
(Baines-Alternate)
7. Fresno Madera Area Agency on Aging Board - Olivier
8. Joint Powers Financing Authority - Baines, Brandau,
Swearengin
9. San Joaquin River Conservancy Board - Swearengin
(Brandau-Alternate)
10. Association for the Beautification of Highway 99 - Baines
11. Upper Kings Basin Integrated Regional Water
Management JPA - Brandau (Soria, Georgeanne White and
Thomas Esqueda - Alternates)
12. Economic Development Corporation Serving Fresno
County - Brandau-Ex-Officio, City Manager Bruce Rudd and
(Baines - Alternate)
13. League of California Cities (Annual Meeting) - Swearengin
(Olivier-Alternate)
14. San Joaquin Valley Air Pollution Control District - Baines
15. Litigation Exposure Reduction Ad Hoc Committee -
Brandau, Caprioglio
16. Convention Center Oversight Advisory Board - Baines,
(Brand-Alternate), City Manager, SMG
General Manager and one representative from each of SMG’s
organizations
17. Sub- Committee on Transportation - Baines, Caprioglio,
Soria
18. Code Enforcement Sub-Committee - Baines, Olivier, and
Caprioglio
19. Enterprise and Construction Management Oversight
Board - Councilmember Soria
20. Fresno- Clovis Metropolitan Solid Waste Commission-
JPA - Brandau, Soria, Caprioglio
21. School Liaison Sub-Committee - Soria - Chair, Olivier,
Baines
Councilmember Soria reported the School Liaison Sub-Committee had not
yet met because the School Boards still needed to sign resolutions.
Councilmember Brand noted the Fresno Unified School Board recently
placed the resolution on its agenda.
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City Council Meeting Minutes - Final June 23, 2016
Councilmember Brandau reported the Fresno County Transportation
Authority had changed its by-laws so the City of Fresno could take an
advance to begin construction of the Mid-Town Trail.
REPORTS MADE
5. CLOSED SESSION
No Closed Session items were on the agenda.
UNSCHEDULED COMMUNICATION
Upon call, no member of the public chose to address Council during
Unscheduled Communication.
ADJOURNMENT
Adjourned at 4:14 P.M. in the loving memory of Rashad Halford and Luigi
Fidele Rusca.
The above minutes were approved by unanimous vote of the City Council during
the June 30, 2016 City Council meeting with Councilmember Baines III absent.
City of Fresno ***Subject to Mayoral Veto Page 20
Agenda
City of Fresno
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
Meeting Agenda - Final-revised
Thursday, June 23, 2016
9:00 AM
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 - June 23, 2016
Final-revised
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 - June 23, 2016
Final-revised
9:00 A.M. ROLL CALL
Invocation
Pledge of Allegiance to the Flag
APPROVE AGENDA
APPROVE MINUTES
ID16-151 Approval of minutes from: June 14, 2016; June 15, 2016
and; June16, 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 ID16-703 RESOLUTION - Approving the Final Map of Tract No.
6060-Northwest side of Stanislaus Street between Fulton
Street and Van Ness Avenue (Council District 3)
Sponsors: Public Works Department
1-B ID16-715 Approve Master Agreement for inter-agency instructional
services between Fresno City College and the City of Fresno
Fire Department for reimbursement of instructional training
hours cost
Sponsors: Fire Department
1-C ID16-717 Actions pertaining to sewer rehabilitation in Home Avenue
(Bid File 3456) (Council District 4 and 7)
1. Adopt findings of Categorical Exemption/Class 1,
pursuant to Section 15301(d) (Existing facilities) and
Categorical Exemption/Class 2, pursuant to Section
15302(c) (Replacement or reconstruction) of the California
Environmental Quality Act Guidelines, and
City of Fresno ***Subject to Mayoral Veto Page 3
City Council Meeting Agenda - June 23, 2016
Final-revised
2. Award a construction contract in the amount of $75,255 to
Burtech Pipeline Inc., of Encinitas, California
Sponsors: Department of Public Utilities
1-D ID16-718 Actions pertaining to sewer rehabilitation in F Street and
Santa Clara Avenue (Bid File 3455) (Council District 3)
1. Adopt findings of Categorical Exemption/Class 1,
pursuant to Section 15301(d) (Existing facilities) and
Categorical Exemption/Class 2, pursuant to Section
15302(c) (Replacement or reconstruction) of the California
Environmental Quality Act Guidelines, and
2. Award a construction contract in the amount of $237,425
to SAK Construction Inc. LLC of Rocklin California
Sponsors: Department of Public Utilities
1-E ID16-729 Approve a Lease Agreement between the City of Fresno and
Henry Wang, an individual d/b/a. The Flight Line, for a
restaurant at Fresno Chandler Executive Airport (Council
District 3)
Sponsors: Airports Department
1-F ID16-673 Award and approve administrative agreement with Willdan
Financial Services to provide services in connection with City
bonds relating to arbitrage calculations, continuing
disclosure, and the administration of special districts within
the boundaries of the City of Fresno
Sponsors: Finance Department
1-G ID16-755 Approve First Amendment to Agreement to the Consultant
Services Agreement between the City of Fresno and CDX
Wireless Technology Consulting, Inc., granting a time
extension for the completion of the Radio Systems Needs
Evaluation.
Sponsors: Information Services Department
1-H ID16-751 Adopt the Measure C Extension Fund Annual Allocation
Resolution in order to complete the Certification and Claim
process and allow the City of Fresno to receive its share of
Measure C Extension Funds in Fiscal Year 2016-2017
Sponsors: Finance Department
City of Fresno ***Subject to Mayoral Veto Page 4
City Council Meeting Agenda - June 23, 2016
Final-revised
1-I ID16-736 Approve a Cooperate Agreement with the County of Fresno
for the Bullard Avenue Overlay between Blackstone and
Marks Avenues, for an estimated City contribution in the
amount of $1,058,500 (Council District 2 and County of
Fresno)
Sponsors: Public Works Department
2. GENERAL ADMINISTRATION
2-A ID16-716 Authorize the City Manager to Execute Agreements for
Water Sale and Transfer to the Kern-Tulare Water District for
5,000 Acre Feet, at $500 per Acre Foot.
Sponsors: Department of Public Utilities
2-B ID16-770 Approve a One Year Agreement with Central Unified School
District to provide swim lessons at Central High School East
Campus for the community
Sponsors: Parks, After School and Recreation and Community Services
Department
3. SCHEDULED COUNCIL HEARINGS AND MATTERS
9:00 A.M.
Actions on the Fiscal Year 2017 Budget and related items -
CONTINUED FROM JUNE 21, 2016
ID16-595 ***Council adoption of the Fiscal Year 2016-2017 City of
Fresno budget including the Annual Appropriations
Resolution (AAR)
Sponsors: Finance Department
ID16-596 ***RESOLUTION - Adopt the Fiscal Year 2017 Position
Authorization Resolution (PAR)
Sponsors: Finance Department
ID16-756 ***RESOLUTION - Adopt the Fiscal Year 2017 Salary
Resolution
Sponsors: Personnel Services Department
City of Fresno ***Subject to Mayoral Veto Page 5
City Council Meeting Agenda - June 23, 2016
Final-revised
ID16-597 ***BILL - (For introduction and adoption) - Adoption of
Property Tax Override Ordinance
Sponsors: Finance Department
ID16-598 FY 2017 Gann Appropriation Limit Resolution
Sponsors: Finance Department
ID16-611 Approve the City of Fresno Investment Policy for Fiscal Year
2016-2017
Sponsors: Finance Department
ID16-747 RESOLUTION - Requiring the Deposit of Redevelopment
Agency Loan Repayment Funds into the Emergency
Reserve until the Emergency Reserve reaches 10% of the
Sum of General Fund Appropriations Plus Transfers.
Sponsors: Finance Department
10:00 A.M.
ID16-720 HEARING to discuss and consider adoption of the 2015
Urban Water Management Plan.
a. RESOLUTION - Adopting 2015 Urban Water
Management Plan (Citywide).
Sponsors: Department of Public Utilities
10:15 A.M.
ID16-753 Appearance by Mary Esther Correa to discuss Code
Enforcement fining her for several years.
11:00 A.M.
ID16-757 WORKSHOP - Regarding update on High Speed Rail
Sponsors: Council President Caprioglio
1:30 P.M.
CONTESTED CONSENT CALENDAR
City of Fresno ***Subject to Mayoral Veto Page 6
City Council Meeting Agenda - June 23, 2016
Final-revised
CEREMONIAL PRESENTATIONS
ID16-758 Recognition of Police Detective Brian Hance
Sponsors: Council President Caprioglio
ID16-767 Special Recognition and Presentation of the Freedom
School and it’s attendees:
Evron Burton, Earl D. White III, Jadora J. White, Dwight
Samuel, Floyd D. Harris III, Freddy Dayvon, Freddie
Dayshon Standifer, Anthany Rogers, Elijah Mc Fall
Sponsors: City Councilmember Baines III
4. CITY COUNCIL
ID16-740 Council Boards and Commissions Communications,
Reports, Assignments and/or Appointments,
Reappointments, Removals to/from City and non-City Boards
and Commissions:
1. Council of Governments - Swearengin-Ex-Officio
(Olivier-Alternate)
2. Finance and Audit Committee - Brand, Olivier,
Brandau
3. Fresno Area Workforce Investment Corporation -
Baines
4. Fresno County Transportation Authority (FCTA) -
Swearengin, Brandau
5. Fresno Regional Workforce Investment Board -
Baines, Renena Smith
6. Fresno County Zoo Authority - Swearengin
(Baines-Alternate)
7. Fresno Madera Area Agency on Aging Board - Olivier
8. Joint Powers Financing Authority - Baines, Brandau,
Swearengin
9. San Joaquin River Conservancy Board - Swearengin
(Brandau-Alternate)
10. Association for the Beautification of Highway 99 -
Baines
11. Upper Kings Basin Integrated Regional Water
Management JPA - Brandau (Soria, Georgeanne White and
Thomas Esqueda - Alternates)
City of Fresno ***Subject to Mayoral Veto Page 7
City Council Meeting Agenda - June 23, 2016
Final-revised
12. Economic Development Corporation Serving Fresno
County - Brandau-Ex-Officio, City Manager Bruce Rudd and
(Baines - Alternate)
13. League of California Cities (Annual Meeting) -
Swearengin (Olivier-Alternate)
14. San Joaquin Valley Air Pollution Control District -
Baines
15. Litigation Exposure Reduction Ad Hoc Committee -
Brandau, Caprioglio
16. Convention Center Oversight Advisory Board - Baines,
(Brand-Alternate), City Manager, SMG
General Manager and one representative from each of
SMG’s organizations
17. Sub- Committee on Transportation - Baines,
Caprioglio, Soria
18. Code Enforcement Sub-Committee - Baines, Olivier,
and Caprioglio
19. Enterprise and Construction Management Oversight
Board - Councilmember Soria
20. Fresno- Clovis Metropolitan Solid Waste Commission-
JPA - Brandau, Soria, Caprioglio
21. School Liaison Sub-Committee - Soria - Chair, Olivier,
Baines
Sponsors: Council President Caprioglio
5. CLOSED SESSION
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
City of Fresno ***Subject to Mayoral Veto Page 8
City Council Meeting Agenda - June 23, 2016
Final-revised
UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS
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
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 N. Fowler Avenue
and E. Clinton Avenue) (Council District 4)
July 28, 2016
10:45 A.M. TEFRA HEARING - To hear and consider information concerning the
proposed issuance of revenue refunding bonds by California Statewide
Communities Development Authority (“CSCDA”) for the purpose of financing the
acquisition, rehabilitation, furnishing and equipping of Parks at Fig Garden
Apartments by Fruit Avenue Housing Associates, LP
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 30, 2016 - 8:30 A.M. MEETING
JULY 7, 2016 - NO MEETING
JULY 14, 2016 - 8:30 A.M. MEETING
City of Fresno ***Subject to Mayoral Veto Page 9
City Council Meeting Agenda - June 23, 2016
Final-revised
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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