City Council
Regular MeetingFresno, CA · September 1, 2016
Minutes
City of Fresno 2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
Meeting Minutes - Final-revised
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, September 1, 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 written above.
1:34 P M. ROLL CALL
Present: 7 - President Paul Caprioglio
Vice President Sal Quintero
Councilmember Oliver L. Baines III
Councilmember Lee Brand
Councilmember Steve Brandau
Councilmember Clinton Olivier
Councilmember Esmeralda Soria
Councilmember Olivier was absent during roll call but entered the Council
Chamber at 1:49 P.M.
Councilmember Baines III was absent during roll call but entered the Council
Chamber at 2:49 P.M.
Invocation by Pastor Terry Townsend from Peoples Church
Pledge of Allegiance to the Flag
APPROVE AGENDA
City Clerk Spence announced the following changes to the agenda:
Consent Calendar item 1-D (File ID 16-980) was continued by staff to the
September 15, 2016 City Council meeting.
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APPROVED AS AMENDED
On motion of Councilmember Soria, seconded by Councilmember
Brand, the agenda was approved as amended. The motion carried by
the following vote:
Aye: 5 - Caprioglio, Quintero, Brand, Brandau and Soria
Absent: 2 - Baines III and Olivier
APPROVE MINUTES
ID16-157 Approval of minutes from August 25, 2016
APPROVED
On motion of President Caprioglio, seconded by Vice President
Quintero, the above Minutes were approved. The motion carried by the
following vote:
Aye: 5 - Caprioglio, Quintero, Brand, Brandau and Soria
Absent: 2 - Baines III and Olivier
COUNCILMEMBER REPORTS AND COMMENTS
Vice President Quintero asked to adjourn the meeting in the memory of
Martha "Marty Hreherchuk Wolfenbarger, a lifelong resident of District Five.
He remembered Ms. Wolfenbarger as someone who cared for Fresno and
for her neighborhood. Even at 93 years old she was an active part of the
programs at the Mosqueda center.
Vice President Quintero asked the City Manager to speak on the recent
news of the improved Moody's bond rating for the City of Fresno. City
Manager Rudd said the improvement was due to the combined effort by the
Administration, the City Council and the labor representatives. He noted a
few of the specific actions that helped increase the rating, including: tough
budget decisions; the implementation of strict policies; utilizing five year
budget forecasts; payment of internal debts; paying down the Convention
Center debt; building reserves and; having a solvent retirement plan.
Councilmember Soria thanked staff for continuing Consent Calendar item
1-D (ID 16-980) so she could further research the issue.
Councilmember Soria announced a Memorial Day family pancake breakfast
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at the fairgrounds. She noted the Department of Labor definition of Labor
as, "a creation of the Labor Movement dedicated to the social and economic
achievements of American workers. It constitutes a yearly National tribute to
the contribution workers have made to the strength, prosperity and the
well-being of our country." She thanked the workers of Fresno who a
responsible for making the City great.
Councilmember Soria reported on issues with recycling redemption centers
in District One and throughout the city. She played a PowerPoint during her
discussion which has been attached to File ID 16-1108 and is available in
the City Clerk's Office. She said residents in her district were unhappy with
certain recycling operations and their effects on the quality of life. She noted
her constituents were distributing a petition in an attempt to rectify the
problems. Councilmember Soria stated the negative effects of the facilities
included: loitering by people from outside the residential area; attracting
recycling debris, and; encouraging theft from recycling bins. To help with
the problem, she would like to see consistency among site plans and better
monitoring of Conditional use Permit compliance. Councilmember Soria
announced she would schedule a community meeting on the subject
sometime in the future.
Councilmember Brandau announced that Fresno State football was starting
up. He reminded everyone the first game would be Saturday, September 3,
2016 in Nebraska. He planned to attend the home opener the following
week.
President Caprioglio congratulated the Fresno Firefighters that were
promoted and those that graduated from the academy last week. He noted
sixteen firefighters had been added to the Department roster.
President Caprioglio thanked Vice President Quintero for filling in for him
and presenting a proclamation to Police Chief Jerry Dyer on August 27,
2016. He said he was unable to attend as he was presenting a proclamation
to Fresno Grizzlies Manager Tony DeFrancesco. President Caprioglio was
honored to recognize Mr. DeFrancesco for his success with the Fresno
Grizzlies.
President Caprioglio congratulated the students at Fresno State and Fresno
State President, Joseph Castro, for the schools number 25 ranking on the
list of the top 30 universities in the country.
ID16-1108 Councilmember Reports and Comments Attachments
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1. CONSENT CALENDAR
APPROVAL OF THE CONSENT CALENDAR
On motion of Councilmember Brand, seconded by Vice President
Quintero, the CONSENT CALENDAR was hereby adopted by the
following vote:
Aye: 6 - Caprioglio, Quintero, Brand, Brandau, Olivier and Soria
Absent: 1 - Baines III
1-A ID16-910 Approve the First Amendment to the Consultant Services
Agreement between the City of Fresno and ECS Imaging, Inc.,
in an amount not to exceed $36,000, to expand Laserfiche
consulting and implementation services into additional Public
Works divisions.
APPROVED
The above item was approved on the Consent Calendar.
1-B ID16-924 Actions pertaining to summary vacation of the relinquishment of
direct access rights on the north side of E. North Avenue, west
of S. Cedar Avenue. (Council District 3)
1. Adopt a finding of Categorical Exemption per staff
determination, pursuant to Section 15301(c), Class 1 (Existing
Facilities) of the California Environmental Quality Act (CEQA)
Guidelines, Environmental Assessment No. EA-16-014.
2. RESOLUTION - Ordering the summary vacation of
relinquishment of direct access rights on the north side of E.
North Avenue, west of S. Cedar Avenue.
RESOLUTION 2016-156 APPROVED
The above item was approved on the Consent Calendar.
1-C ID16-971 RESOLUTION - Approving the Final Map of Tract No. 6095 and
accepting dedicated public uses offered therein - east side of S.
Armstrong Avenue between E. California Avenue and E. Church
Avenue (Council District 5)
RESOLUTION 2016-157 ADOPTED
The above item was approved on the Consent Calendar.
1-D ID16-980 Approve a consultant services agreement with Bertz-Rosa
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Strategy & Creative for an amount not to exceed $172,757 for
community engagement for parks and trails within the City of
Fresno.
CONTINUED TO SEPTEMBER 15, 2016
1-E ID16-989 Approve the Substitution of a listed Subcontractor, Ross
Recreation Equipment, to install the Playground Surfacing on
the Cultural Arts District Park project (Council District 3)
APPROVED
The above item was approved on the Consent Calendar.
1-F ID16-993 ***RESOLUTION - 5th amendment to the Annual Appropriation
Resolution (AAR) No. 2016-118 appropriating $27,000 from
Kaiser Permanente Community Fund through Fresno United
Neighborhoods 501(c)(3) non-profit for various Aquatics
programs. (Requires 5 affirmative votes.)
RESOLUTION 2016-158 ADOPTED
The above item was approved on the Consent Calendar.
CEREMONIAL PRESENTATIONS
ID16-1011 Presentation of the SPCA Pet of the Month
PRESENTED
ID16-977 Proclamation of “BILL KUEBLER DAY”
PRESENTED
ID16-1013 Proclamation of “JALEN BAILEY DAY”
PRESENTED
ID16-942 Proclamation of “HUNGER ACTION MONTH”
PRESENTED
UNSCHEDULED COMMUNICATION
No member of the public chose to address Council upon call for
Unscheduled Communication.
Councilmember Brand exited the Council Chamber at 2:28 P.M. and returned at 2:41
P.M.
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3. SCHEDULED COUNCIL HEARINGS AND MATTERS
2:30 P.M.#2 (Continued from 10:00 A.M.#2)
ID16-933 CONTINUED HEARING to consider adoption of a resolution
related to the designation of a property to the Local Register of
Historic Resources
1. ***RESOLUTION- Designating the Albert C. Wilke Home
located at 532 E. Terrace Avenue, Fresno, California to the
Local Register of Historic Resources (Council District 1)
The above hearing was called to order at 2:29 P.M. The item was
introduced to Council by Historic Preservation Project Manager
Hattersley-Drayton.
Upon call for public comment, no members of the public chose to address
Council and public comment was closed.
The hearing was closed at 2:31 P.M.
RESOLUTION 2016-159 ADOPTED
On motion of Councilmember Soria, seconded by President Caprioglio,
the above item was approved. The motion carried by the following
vote:
Aye: 5 - Caprioglio, Quintero, Brandau, Olivier and Soria
Absent: 2 - Baines III and Brand
1:45 P.M.
ID16-931 WORKSHOP - Fresno Area Express (FAX) Strategic Services
Evaluation
The above workshop was presented to Council by Transportation Director
Marshall.
During the workshop, Council touched on the following topics: stakeholders
and the process for outreach; past recommendations; growth of the system;
the source of report data; Bus Rapid Transit versus normal bus service;
route planning; proposal trade-offs; Amalgamated Transit Union opinions on
the proposal; community input; access to the Universally Accessible Park
and areas West of Highway 99; lack of infrastructure; getting drivers out of
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their vehicles; sweeper busses to take people home after work; efficiency
versus servicing people dependent upon the service; past service to the
Willow State Center Campus; possible Malaga route changes, and;
timelines.
Councilmember Soria clarified with City Manager Rudd, for the record, that
outreach and community engagement had occurred once before and
additional outreach was planned for the future. City Manager Rudd stated
the Federal Transit Administration required extensive public and community
outreach / engagement before restructuring of the transit system. He noted
the next step was to hire a consultant for the outreach effort then come back
to Council in eight months with recommendations which would include the
input from the community.
Councilmember Brandau and Councilmember Olivier requested meetings
with staff to further discuss the transit system.
WORKSHOP HELD
Councilmember Soria and Councilmember Olivier exited the Council Chamber at 3:24
P.M. and both returned at 3:34 P.M.
2:50 P.M. (Continued from 10:20 A.M.)
CONTINUED JOINT MEETING OF THE CITY OF FRESNO, THE
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF
THE CITY OF FRESNO AND THE FRESNO REVITALIZATION
CORPORATION
City Council, in it's capacity as Housing Successor, met in joint session with
the Fresno Revitalization Corporation at 3:27 P.M. to discuss the following:
ID16-1005 JOINT MEETING OF CITY (IN ITS CAPACITY AS HOUSING
SUCCESSOR) AND FRESNO REVITALIZATION
CORPORATION
Action pertaining to sale of 0.39 acres of property at 473 N.
Glenn Ave. (APN 459-061-29T)
1. Adopt a finding of Categorical Exemption pursuant to CEQA
Guidelines section 15332
2. Approve a Purchase and Sale Agreement between the City in
its capacity as Housing Successor Agency and Brad Hardie and
WITR, LLC.
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The above item was introduced to Council by Successor Agency Executive
Director Murphey.
For the record, Director Murphey highlighted the following changes to the
Purchase and Sale agreement: there would be 10 days for a deposit instead
of 15 days for the entire purchase; there would be 45 days to close instead
of 60 days, and; with proper notice in a timely manner, the deposit could be
returned to the buyer.
APPROVED
COUNCIL AS HOUSING SUCCESSOR VOTE
On motion of Councilmember Baines III, seconded by President
Caprioglio, 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
FRC VOTE:
On motion of Member Baines III, seconded by Vice Chair Caprioglio, the
above item was approved. The motion carried by the following vote:
Aye: 5 - Caprioglio, Quintero, Baines III, Brand and Brandau
Absent: 3 - Olivier, Soria and Swearengin
ADJOURN JOINT MEETING
The Joint Meeting adjourned at 3:30 P.M.
2:40 P.M. (Continued from 10:10 A.M.)
ID16-992 CONTINUED HEARING to consider Plan Amendment
Application No. A-16-004, Rezone Application No. R-16-005,
and related Environmental Assessment No. A-16-004/R-16-005,
filed by Dirk Poeschel Land Development, on behalf of Topanga
Management Co. These applications pertain to approximately
4.7 acres of property located on the east side of N. Maple
Avenue between E. Gettysburg Avenue and E. Shaw Avenue.
(Council District 4)
a. Adopt the Mitigated Negative Declaration prepared for
Environmental Assessment No. A-16-004/R-16-005 dated June
24, 2016.
b. RESOLUTION - Approving Plan Amendment Application No.
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A-16-004 proposing to amend the Fresno General Plan and
Hoover Community Plan from the Medium High Density
Residential planned land use designation to the Urban
Neighborhood land use designation.
c. BILL (For introduction and adoption) - Approving Rezone
Application No. R-16-005 to rezone the subject property from
the RM-1 (Residential Multiple Family, Medium High Density) to
RM-2 (Residential Multiple Family, Urban Neighborhood) zone
district.
The above hearing was called to order at 3:30 P.M. The item was
introduced to Council by Planner Noguera.
Upon call for public comment, the following person addressed Council:
Dirk Poeschel on behalf of the applicant - spoke to the high quality project
the applicant had planned, and the community engagement that had been
undertaken. He asked Council to approve the staff recommendation.
The hearing was closed at 3:37 P.M.
RESOLUTION 2016-160 ADOPTED
BILL B-32 INTRODUCED AND ADOPTED AS
ORDINANCE 2016-29
On motion of President Caprioglio, 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
Councilmember Brand exited the Council Chamber at 3:38 P.M. and returned at 3:42
P.M.
2:30 P.M.#1 (Continued from 10:00 A.M.#1)
ID16-973 Hold a public hearing and approve items related to the granting
of a Non-Exclusive Franchise for Roll
-Off Collection Services
1. HEARING in accordance with Fresno City Charter Section
1301 related to ordinance and adoption of ordinance
2. ***BILL NO. B-31 (Intro. 08/25/2016) (For adoption) of the
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City of Fresno, which grants to Red Bin Services and JPA
Construction Clean-Up Services, Inc., a non-exclusive franchise
for roll-off collection services within the City of Fresno
3. Authorize the Director of Public Utilities or designee, to
execute an agreement of nonexclusive franchise for roll-off
collection services with the City of Fresno.
The above hearing was called to order at 3:38 P.M. The item was
introduced to Council by Public Utilities Assistant Director Schuber.
Upon call, no one chose to address Council during Public Comment.
The hearing was closed at 3:39 P.M.
ORDINANCE 2016-30 ADOPTED
On motion of Councilmember Baines III, seconded by President
Caprioglio, the above item was approved. The motion carried by the
following vote:
Aye: 6 - Caprioglio, Quintero, Baines III, Brandau, Olivier and Soria
Absent: 1 - Brand
2. GENERAL ADMINISTRATION
2-A ID16-974 Approve a Funding Agreement with the Fresno County
Transportation Authority (FCTA) for $4,600,000 to advance to
the City the necessary funds for expenses related to the
Midtown Trail (Council Districts 4 and 7)
The above item was introduced to Council by Public Works Director Mozier.
APPROVED
On motion of Councilmember Brandau, 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
2-B ID16-976 Actions pertaining to the installation of water mains in
neighborhood streets bounded by Bullard Avenue, Van Ness
Boulevard, Wrenwood Lane and Pleasant Avenue - Bid File
3394 (Council District 2 and Fresno County)
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1. Adopt a finding of Class 2 Categorical Exemption set forth in
California Environmental Quality Act (CEQA) Guidelines,
Section 15302(c), for the installation of 8” and 12” water mains
in neighborhood streets bounded by Bullard Avenue, Van Ness
Boulevard, Wrenwood Lane and Pleasant Avenue
2. Award a construction contract in the amount of $2,444,991 to
West Valley Construction Company, Inc., of Fresno, California
as the lowest responsive and responsible bidder for the
installation of 8” and 12” water main in neighborhood streets
bounded by Bullard Avenue, Van Ness Boulevard, Wrenwood
Lane and Pleasant Avenue, and authorize the Public Works
Director, or designee, to sign the standardized construction
contract on behalf of the City of Fresno
The above item was introduced to Council by Design Services Manager
Goonawardena.
APPROVED
On motion of Councilmember Brandau, seconded by Councilmember
Olivier, the above item was approved. The motion carried by the
following vote:
Aye: 7 - Caprioglio, Quintero, Baines III, Brand, Brandau, Olivier and
Soria
2-C ID16-991 Approve First Amendment to the Consultant Services
Agreement with Blair, Church & Flynn Consulting Engineers, a
California Corporation, in the amount of $999,996 to provide
additional Design Phase Engineering Services and Construction
Phase Engineering Services for the City of Fresno’s Phase 2
Regional Transmission Mains (Council Districts 1, 3, 4, 5, and 7,
County of Fresno).
The above item was introduced to Council by Planning Manager Carbajal.
APPROVED
On motion of Councilmember Baines III, seconded by President
Caprioglio, the above item was approved. The motion carried by the
following vote:
Aye: 7 - Caprioglio, Quintero, Baines III, Brand, Brandau, Olivier and
Soria
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4. CITY COUNCIL
4-A ID16-1012 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
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 Bruce Rudd, and 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
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20. Fresno- Clovis Metropolitan Solid Waste Commission-
JPA - Brandau, Soria, Caprioglio
21. School Liaison Sub-Committee - Soria - Chair, Olivier,
Baines
Councilmember Baines III provided an update on the San Joaquin Valley Air
Pollution Control District ("Air Board"). He reported that Air Board staff
would provide a presentation to Council in the future regarding the
Environmental Protection Agency's ("EPA") interpretation of the Clean Air
Act. Councilmember Baines III explained the presentation was necessary
because the EPA interpretations could have detrimental effects upon the
San Joaquin Valley including the loss of all federal funding for transportation
and highway maintenance. The Air Board was preparing a strategic
response which could include litigation against the EPA.
Councilmember Olivier exited the Council Chamber at 3:52 P.M. and did not return until
after Closed Session at 4:33 P.M.
2. GENERAL ADMINISTRATION CONTINUED
2-D ID16-996 BILL - (For introduction) - Amending Subsection (d) of Section
2-1105 of the Fresno Municipal Code relating to threshold limits
that require electronic filing of statements, reports and other
documents described by Chapter 4 of the Government Code
commencing with Section 84100.
The above item was introduced to Council by Assistant City Clerk Stermer.
BILL B-33 INTRODUCED AND LAID OVER
On motion of Councilmember Soria, seconded by President Caprioglio,
the above item was approved. The motion carried by the following
vote:
Aye: 6 - Caprioglio, Quintero, Baines III, Brand, Brandau and Soria
Absent: 1 - Olivier
5. CLOSED SESSION
City Council met in Closed Session in Room 2125 from 3:56 P.M. to 4:33
P.M. to discuss the following:
ID16-1027 CONFERENCE WITH LEGAL COUNSEL - DECIDING
WHETHER TO INITIATE LITIGATION
Government Code Section 54956.9, subdivision (d)(4)
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1. City of Fresno v. Fresno County Local Agency Formation
Commission (LAFCo)
The above item was discussed during closed session. No open session
announcements were made regarding this item.
ID16-1030 CONFERENCE WITH LABOR NEGOTIATOR - Government
Code Section 54957.6
City Negotiator(s): Jeffrey Cardell, Ken Phillips
Employee Organizations:
1. International Brotherhood of Electrical Workers, Local 100
(IBEW)
2. International Association of Firefighters, Local 753, Unit
10 (Fire Management)
The above item was discussed during closed session. No open session
announcements were made regarding this item.
2. GENERAL ADMINISTRATION CONTINUED
2-E ID16-1021 Actions pertaining to International Association of Fire Fighters
(IAFF), Local 753 for Unit 5 - Non-Management Fire
1. ***Adopt a successor Memorandum of Understanding
between the City of Fresno and the International Association of
Fire Fighters (IAFF), Local 753 for Unit 5 - Non-Management
Fire, effective September 5, 2016.
2. ***RESOLUTION: 2nd amendment to FY 2017 Salary
Resolution No. 2016-120, amending salaries in Exhibit 5, Unit 5,
Non-Management Fire, as required by adoption of the
successor Memorandum of Understanding between the City of
Fresno and the International Association of Fire Fighters (IAFF),
Local 753 for Unit 5.
The above item was introduced to Council by Labor Relations Manager
Phillips. Firefighter Scoggins from the Executive Board of Local 753 also
spoke on this item.
RESOLUTION 2016-161 ADOPTED
On motion of Councilmember Soria, 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
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2-F ID16-1022 Actions pertaining to International Union of Operating
Engineers, Stationary Engineers, Local 39 (Local 39) for Unit 1
1. ***Adopt a Side Letter of Agreement with the International
Union of Operating Engineers, Stationary Engineers, Local 39
(Local 39) for Unit 1 - Non-Supervisory Blue Collar employees
effective September 5, 2016
2. ***RESOLUTION -3rd amendment to FY 2017 Salary
Resolution No. 2016-120, amending salaries in Exhibit 1, Unit 1,
Non-Supervisory Blue Collar (Local 39), as required by adoption
of the Side Letter of Agreement between the City of Fresno and
the International Union of Operating Engineers, Stationary
Engineers, Local 39 (Local 39) for Unit 1
3. ***RESOLUTION - 3rd amendment to the Annual
Appropriation Resolution (AAR) No. 2016-118 appropriating
$2,468,500 for additional costs as required by adoption of the
Side Letter of Agreement between the City of Fresno and the
International Union of Operating Engineers, Stationary
Engineers, Local 39 (Local 39) (Requires 5 affirmative votes)
The above item was introduced to Council by Labor Relations Manager
Phillips.
Mr. Phillips read the following correction into the record: "the Side Letter
exhibit and the Salary Resolution Amendment should reflect a salary range
of $3,223 to $3,917 for the class, 'Wastewater Treatment Operator in
Training'."
RESOLUTION 2016-162 ADOPTED
RESOLUTION 2016-163 ADOPTED
On motion of Councilmember Soria, seconded by Councilmember
Baines III, the above item was approved as corrected on the record.
The motion carried by the following vote:
Aye: 7 - Caprioglio, Quintero, Baines III, Brand, Brandau, Olivier and
Soria
2-G ID16-1023 Actions pertaining to the Operating Engineers, Local 3 for Unit
11 - Airport Public Safety Officers
1. ***Adopt a Memorandum of Understanding between the City
of Fresno and the Operating Engineers, Local 3 for Unit 11 -
Airport Public Safety Officers
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2. ***RESOLUTION: 4th amendment to FY 2017 Salary
Resolution No. 2016-120, amending salaries in Exhibit 11, Unit
11, Airport Public Safety Officers, as required by the
Memorandum of Understanding between the City of Fresno and
the Operating Engineers, Local 3 (FAPSO/OE3)
The above item was introduced to Council by Labor Relations Manager
Phillips.
RESOLUTION 2016-164 ADOPTED
On motion of President Caprioglio, 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
2-H ID16-1024 Actions pertaining to the International Brotherhood of Electrical
Workers, Local 100 (IBEW)
1. ***Adopt a Memorandum of Understanding between the City
of Fresno and the International Brotherhood of Electrical
Workers, Local 100 for Unit 7 - Non-Supervisory Groups and
Crafts
2. ***RESOLUTION - 5th amendment to FY 2017 Salary
Resolution No. 2016-120, amending salaries in Exhibit 7, Unit 7
- Non-Supervisory Groups and Crafts (IBEW), as required by
the Memorandum of Understanding between the City of Fresno
and the International Brotherhood of Electrical Workers, Local
100 (IBEW)
The above item was introduced to Council by Labor Relations Manager
Phillips.
RESOLUTION 2016-165 ADOPTED
On motion of Councilmember Soria, 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
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3. SCHEDULED COUNCIL HEARINGS AND MATTERS
CONTINUED
3:00 P.M. CONTESTED CONSENT CALENDAR
No items were moved to the Contested Consent Calendar.
Councilmember Brand exited the Council Chamber at 5:13 P.M. and returned at 7:54
P.M.
5:00 P.M.
ID16-1002 CONTINUED HEARING to consider Plan Amendment
Application No. A-16-006, Rezone Application No. R-16-007,
Development Code Text Amendment Application No. TA-16-001
and related environmental finding filed by the Development and
Resource Management Department Director pertaining to
316.09 acres of property as follows:
1. ADOPT Environmental Assessment No. A-16-006, R-16-007,
TA-16-001, an Addendum to Final Master Environmental
Impact Report SCH No. 2012111015 (MEIR) certified by the
Fresno City Council on December 18, 2014 for the Fresno
General Plan and Development Code, pursuant to California
Environmental Quality Act Guidelines Sections 15162 and
15164;
2. RESOLUTION - Approving Plan Amendment Application No.
A-16-006, pertaining to 249.06 acres, to amend the Fresno
General Plan (Figure LU-1: Land Use and Circulation Map, and
Figure LU-2: Dual Designation Diagram), the Bullard, Fresno
High, McLane, Roosevelt, West Area, and Woodward Park
Community Plans, the Tower District Specific Plan, the Fresno
Yosemite Airport Land Use Compatibility Plan and the Sierra
Sky Park Land Use Policy Plan, as described in Exhibit A (with
Errata);
3. BILL - (For introduction and adoption) Approving Rezone
Application No. R-16-007, to amend the City of Fresno Zoning
Map to effect technical changes to zoning on properties that
were inadvertently omitted from the zoning map update. The
rezones are requested to attain consistency with the approved
general plan land use designation, and are further described in
Exhibit A (with Errata);
4. BILL - (For introduction) - Approving Text Amendment
Application No. TA-16-001 for minor changes to the
City of Fresno ***Subject to Mayoral Veto Page 17
City Council Meeting Minutes - Final-revised September 1, 2016
Development Code in order to improve functionality, clarity, and
internal consistency. Proposed amendments affect the following
standards and/or procedures: rear setbacks, private open
space, fencing, signage, hours of operation for establishments
serving alcohol, design standards within mixed use districts, the
apartment house overlay, intersection visibility; the addition of
produce stands, urban farms and large family day care to
certain zone districts; the deletion of the airport environs and
planned development overlay districts (due to redundancy); and
posting requirements, among others (see Exhibit B for complete
text amendment). The affected sections are 15-404-F, 15-904
-A, 15-1004-C-1, 15-1004-D-1-a, 15-1104-D-1, 15-2006-F, 15-
2305-C-2, 15-2609-B, 15-2610-E-2, 15-2611-G, 15-2735-G, 15-
2741-A-7-a, Table 15-2744-A , 15-2744-C-1, 15-2747, Table 15-
751-G, 15-4906-D-1, 15-4906-H, 15-5003-A, 15-5302-D, 15-
5602-A, 15-6703, 15-104-A, Table 15-107-B, 15-313, Table 15-
902, Table 15-1002, Table 15-1102, 15-1104-G.1, Table 15-
1202, Table 15-1302, Table 15-1402, 15-1601, 15-1602, 15-
1609-B, 15-2006-F, Table 15-2015-B.4, 15-2018, 15-2102-A, 15
-2707, 15-2754, 15-5007-C, 15-5810-A.
The above hearing was called to order at 5:00 P.M. The item was
introduced to Council by Development and Resources Management,
Assistant Director Zack. Assistant Director Zack clarified that the items for
approval included an additional 180 day extension for property owners to
have their properties revert back to previous land use designations, as
discussed at the previous workshop.
Upon call for public comment, the following people addressed Council:
Laura P. Kalchik - spoke in support of the staff recommendation.
Mark Kalchik - requested Council approve the staff recommendation.
George Goehing - stated that apartments were not a good fit for his parcels
on the Southwest corner of Shaw and Bryan Avenues. Assistant Director
Zack clarified that the proposed zoning was for mixed use which would allow
commercial, residential or a combination of the two.
Dirk Poeschel - represented the owners of the property on the Southwest
corner of Fruit and Shields Avenues and supported the staff
recommendation.
City of Fresno ***Subject to Mayoral Veto Page 18
City Council Meeting Minutes - Final-revised September 1, 2016
Tom Thomas - stated he was a resident of Clovis and wanted to laud
Assistant Director Zack for the professional manner in which he dealt with an
issue in the Shaw and Bryan area.
George Beal - asked that his property on the Southwest corner of Van Ness
and Belmont be removed from the current action.
Patience Milrod - spoke in support of the staff recommendation and
discussed agreements made in January.
Ashley Werner of the Leadership Counsel for Justice and Accountability -
requested that densities not be reduced or the city comply with Government
Code section 65863(b). She said many of the sites to be re-zoned were
included in the city's Housing Element Sites Inventory. Government Code
section 65863(b) required the City to make specific findings before reducing
the density of sites in the sites inventory or before changing sites to
non-residential. Ms. Werner noted the staff materials did not include the
findings required by the Government Code. She also noted the Fresno Bee
notice stating the related material were ready for public viewing was posted
early because when she arrived to view them, she was told they were not
ready.
Sarah Pilibos of Stephen Investments - spoke in support of the staff
recommendation to keep the zoning consistent for all contiguous properties
at Cedar and Gettysburg.
Public comment was closed at 5:21 P.M.
The hearing was closed at 5:45 P.M.
Councilmember Brandau motioned to approve the staff recommendation
with an amendment to remove site three from the action and to remove the
Beal property (Southwest corner of Van Ness and Belmont) from the action.
RESOLUTION 2016-166 ADOPTED
BILL B-34 INTRODUCED AS AMENDED AND ADOPTED AS
ORDINANCE 2016-31
BILL B-35 INTRODUCED AS AMENDED AND LAID OVER
City of Fresno ***Subject to Mayoral Veto Page 19
City Council Meeting Minutes - Final-revised September 1, 2016
On motion of Councilmember Brandau, seconded by Councilmember
Baines III, the above item was approved as amended including an
additional 180 days for owners to request previous land use
designations. The motion carried by the following vote:
Aye: 6 - Caprioglio, Quintero, Baines III, Brandau, Olivier and Soria
Absent: 1 - Brand
RECESSED 5:45 P.M. to 6:17 P.M.
6:00 P.M.
ID16-1007 ***RESOLUTION - Recognizing the November 1984 Anti-Sikh
Violence in India as Genocide
The above item was introduced to Council by Councilmember Olivier.
At the request of Councilmember Soria, Deputy City Attorney Badesha
provided summarized translations of Punjabi to English and English to
Punjabi for the duration of the meeting. President Caprioglio took an
informal survey by a show of hands and determined that nearly every
member of the public in the overflowing council chamber was in support of
the resolution and no one opposed it.
Upon call for public comment, the following people addressed Council in
support of the resolution: Bill Nijjer; Raj Beasla; Doctor Kanwar Gill; Mangal
Kaur; Naindeep Singh; Gurdeep Shergill; Tadeh Iskhanian; Mayor Pro Tem
Ruby Dhaliwal, and; Mohinder S. Kahlon.
President Caprioglio announced the meeting would be recessed for several
minutes to allow time for Councilmember Brand to return for the vote on this
item.
RECESSED 7:26 P.M. to 7:54 P.M.
RESOLUTION 2016-167 ADOPTED
On motion of Councilmember Olivier, seconded by Councilmember
Baines III, the above item was approved. The motion carried by the
following vote:
Aye: 5 - Baines III, Brand, Brandau, Olivier and Soria
Abstain: 2 - Caprioglio and Quintero
City of Fresno ***Subject to Mayoral Veto Page 20
City Council Meeting Minutes - Final-revised September 1, 2016
ADJOURNMENT
Adjourned at 8:13 P.M. in the memory of Martha "Marty" Hreherchuk
Wolfenbarger.
The above minutes were approved by unanimous vote of the City Council during
the September 15, 2016 City Council meeting with Councilmembers Baines III
and Brand absent.
City of Fresno ***Subject to Mayoral Veto Page 21
Agenda
City of Fresno
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
Meeting Agenda - Final
Thursday, September 1, 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 September 1, 2016
The Fresno City Council welcomes you to City Council Chambers, located in City
Hall, 2nd Floor, 2600 Fresno Street, Fresno, California 93721.
The City of Fresno’s goal is to comply with the Americans with Disabilities Act
(ADA) in all respects. The meeting room is physically accessible. If, as an
attendee or participant at the meeting, you need additional accommodations
such as interpreters, signers, assistive listening devices, or the services of a
translator, please contact the Office of the City Clerk at (559) 621-7650 or
clerk@fresno.gov. To ensure availability, you are advised to make your request
at least 48 hours prior to the meeting. The agenda and related staff reports are
available at www.fresno.gov, as well as in the Office of the City Clerk.
The Council meeting can be viewed live on Comcast Channel 96 and AT&T
Channel 99 from 9:00 a.m. and is re-played beginning at 8:00 p.m.. The meeting
can also be viewed online at https://fresno.legistar.com.
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 September 1, 2016
El Consejo de la Ciudad de Fresno da la bienvenida al City Council Chambers,
ubicado en la Alcaldía (City Hall), do piso, 2600 Fresno Street, Fresno, California
93721.
El objetivo de la Ciudad de Fresno es cumplir con la Ley de Americanos con
Discapacidades (ADA) en todo aspecto. La sala para juntas es físicamente
accesible. Si usted, como asistente o participante de la junta, necesita
acomodaciones adicionales coma intérpretes, lenguaje de señas, aparatos
auditivos, o los servicios de un traductor, por favor comuníquese con la Oficina
del Secretario Municipal llamando al (559) 621-7650 o al clerk@fresno.gov.
Para asegurarse de la disponibilidad, se le recomienda llamar y hacer su
petición por lo menos 48 horas antes de la junta. La agenda y los reportes de
personal correspondientes están disponibles en el www.fresno.gov, o en la
Oficina del Secretario Municipal.
Las juntas del Municipio se pueden ver en el Canal 96 de Comcast y el Canal 99
de AT&T a las 9:00 a.m. y otra vez empezando a las 8:00 p.m. La junta también se
puede ver en el internet en el https://fresno.legistar.com
PROCESO: Por cada asunto que escuche el Consejo Municipal, habrá una
presentación del personal seguida por una presentación de los individuos
involucrados, si están presentes. El testimonio de los presentes se escuchará
entonces. Todo testimonio se limitará a tres minutos por persona. Si usted
desea hablar, Ilene la hoja para pedir hablar disponibles en la oficina del
Secretario Municipal y en la Sala Consistorial. Las tres luces en el atril junto al
micrófono indicarán cuanto tiempo le queda al orador.
La luz verde en el atril se prenderá cuando el orador comience. La luz amarilia se
prenderá cuando quede un minuto. El orador debería estar concluyendo su
testimonio cuando la luz roja prenda y ci sonido indique que se acabo su
tiempo. La cantidad del tiempo que queda también aparecerá en la pantalla
grande atrás del Consejo Municipal.
No se aceptarán documentos para que repase el Consejo Municipal a menos que
se sometan al Secretario Municipal por lo menos 24 horas antes de que se
escuche la Agenda del Consejo Municipal.
Este es el horario general de temas para la consideración y acción del Consejo
Municipal. El consejo Municipal pudiera considerar y tomar acción en un artículo
de la Agenda en el orden que considere adecuado. Artículos con una hora fijada
se pueden escuchar después de la hora indicada pero no antes de la hora
indicada en la agenda. Se les recomienda a las personas que estén interesadas
City of Fresno ***Subject to Mayoral Veto Page 3
City Council Meeting Agenda - Final September 1, 2016
en un artículo de la agenda, que estén presentes durante toda la junta para
asegurar su presencia cuando se presente ese artículo.
LOS ARTICULOS MARCADOS CON TRES ASTERISCOS (***) ESTAN SUJETOS A
UN VETO POR PARTE DEL ALCALDE O UNA RECONSIDERACION
Tso Fresno City Council tos txais koj rau City Council Chambers, nyob rau hauv
City Hall, 2nd Floor, 2600 Fresno Street, Fresno, California 93721.
Lub hom phiaj ntawm nroog Fresno yuav ua kom tau txhua yam raw li txoj cai
American with Disabilities Act (ADA) kom fwm txhua tus. Lub rooj sab laj txhua
tus yuav tsum muaj feem koom kom tau, txawm yog cov tuaj koom, cov muaj
feem rau lub rooj sab laj, yuav tsum kom muaj kev pab rau sawv daws xws li
txhais lus, piav tes, tej twj mloog pob ntseg los yog ib tug txhais lus, thov hu rau
Office of the City Clerk ntawm (559) 621-7650 los sis clerk@fresno.gov. Yuav
kom paub tseeb tias npaj tau rau koj, koj yuav tsum tau hais ua ntej 48 xuab
moos ntawm lub rooj sab laj. Daim ntawv kom tswj thiab tej ntaub ntawv cov ua
dej num yuav coj los ceeb tshaj muaj nyob rau ntawm www.fresno.gov, los sis
ntawm Office of the City Clerk.
Council lub rooj sab laj saib pom rau hauv Comcast tshooj 96 thiab AT&T tshooj
99 thaum 9:00 teev sauv ntxoov thiab rov tso tawm thaum 8:00 teev tsaus ntuj.
Lub rooj sab Iaj kuj saib tau online at https://fresno.legistar.com.
TXUAS NTXIV: Txhua nqe laj txheej yuav tau pom zoo los ntawm cov council ua
ntej thiab yuav tau muaj ib tug staff los cej luam dhau ntawd cov uas muaj feem
cuam mam los cej luam ib tug zuj zus, yog tuaj nyob rau ntawd. Dhau ntawd
yuav tso rau sawv daw los tawrn suab, ib leeg twg yuav los tawm suab tsuas pub
peb(3) nas this xwb. Yog koj xav los tawm suab, mus sau rau daim ntawv
(Speaker Request Form) muaj nyob rau hauv City Clerk's Office thiab nyob rau
huav Council Chambers. muaj peb(3) lub teeb nyob rau ntawm lub podium uas
puab rau ntawm lub (microphone) qhia tias tus neeg hais lus muaj sij haum ntev
Ii cas xwb.
Lub teeb ntsuab ntawm lub podium yuav cig thaum tus hais lus pib hais. Lub
teeb daj yuav cig thaum tshuav ib(1) nas this. Tus hais lus yuav tsum hais kom
tas rau thaum lub teeb liab cig thiab lub tswb nrov, qhia tias sij haum tas lawm.
lb qhov ntxiv nyob rau saum daim (screen) loj loj dai rau tom cov council nrob
qaurn yuav pom lub sij hawm dhia qis zuj zus los mus.
City of Fresno ***Subject to Mayoral Veto Page 4
City Council Meeting Agenda - Final September 1, 2016
Cov council yuav tsis txais ib yam ntaub ntawv los saib ntxiv tshwj tsis yog twb
muab xa rau City Clerk 24 teev thiab muab tso rau hauv daim kom tswj ua ntej
council yuav los mloog tej xwm txheej.
Dhau ntawd yuav muab sij hawm rau cov council los soj ntsuam thiab ua tes dej
num, Coy tswv zos (City Council) yuav los ntsuam xyuas thiab leg raws tej nqe
hauv daim kom tswj yog pom tias yam twg yuav tsim nyog. Mam muab lub sij
hawm los xyuas raws tej txheej txheem tom qab tiam si yuav tsis yog ua ntej
raws Ii daim kom tswj tau teev tseg. Cov uas txaus siab rau tei laj txheej uas tau
teev tseg rau hauv daim kom tswj, xav kom nyob kom dhau lub rooj sab laj kom
thaum hu txog nws thiaj nyob rau ntawd
YOG QHOV MUAJ PEB LUB HNUB QUB (***) NYOB RAU HAUV DAIM KOM TSWJ
YUAV RAUG MAYORAL VETO LOS SIS ROV SOJ NTSUAM DUA
City of Fresno ***Subject to Mayoral Veto Page 5
City Council Meeting Agenda - Final September 1, 2016
1:30 P M. ROLL CALL
Invocation by Pastor Terry Townsend from Peoples Church
Pledge of Allegiance to the Flag
APPROVE AGENDA
APPROVE MINUTES
ID16-157 Approval of minutes from August 25, 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 ID16-910 Approve the First Amendment to the Consultant Services
Agreement between the City of Fresno and ECS Imaging,
Inc., in an amount not to exceed $36,000, to expand
Laserfiche consulting and implementation services into
additional Public Works divisions.
Sponsors: Information Services Department
1-B ID16-924 Actions pertaining to summary vacation of the relinquishment
of direct access rights on the north side of E. North Avenue,
west of S. Cedar Avenue. (Council District 3)
1. Adopt a finding of Categorical Exemption per staff
determination, pursuant to Section 15301(c), Class 1
(Existing Facilities) of the California Environmental Quality
Act (CEQA) Guidelines, Environmental Assessment No. EA-
16-014.
2. RESOLUTION - Ordering the summary vacation of
relinquishment of direct access rights on the north side of E.
North Avenue, west of S. Cedar Avenue.
Sponsors: Public Works Department
City of Fresno ***Subject to Mayoral Veto Page 6
City Council Meeting Agenda - Final September 1, 2016
1-C ID16-971 RESOLUTION - Approving the Final Map of Tract No. 6095
and accepting dedicated public uses offered therein - east
side of S. Armstrong Avenue between E. California Avenue
and E. Church Avenue (Council District 5)
Sponsors: Public Works Department
1-D ID16-980 Approve a consultant services agreement with Bertz-Rosa
Strategy & Creative for an amount not to exceed $172,757
for community engagement for parks and trails within the
City of Fresno.
Sponsors: City Manager's Office
1-E ID16-989 Approve the Substitution of a listed Subcontractor, Ross
Recreation Equipment, to install the Playground Surfacing on
the Cultural Arts District Park project (Council District 3)
Sponsors: Public Works Department
1-F ID16-993 ***RESOLUTION - 5th amendment to the Annual
Appropriation Resolution (AAR) No. 2016-118 appropriating
$27,000 from Kaiser Permanente Community Fund through
Fresno United Neighborhoods 501(c)(3) non-profit for
various Aquatics programs. (Requires 5 affirmative votes.)
Sponsors: Parks, After School and Recreation and Community Services
Department
CEREMONIAL PRESENTATIONS
ID16-1011 Presentation of the SPCA Pet of the Month
Sponsors: City Councilmember Brandau
ID16-977 Proclamation of “BILL KUEBLER DAY”
Sponsors: City Councilmember Soria
ID16-942 Proclamation of “HUNGER ACTION MONTH”
Sponsors: Council President Caprioglio
ID16-1013 Proclamation of “JALEN BAILEY DAY”
Sponsors: Vice President Quintero
City of Fresno ***Subject to Mayoral Veto Page 7
City Council Meeting Agenda - Final September 1, 2016
2. GENERAL ADMINISTRATION
2-A ID16-974 Approve a Funding Agreement with the Fresno County
Transportation Authority (FCTA) for $4,600,000 to advance
to the City the necessary funds for expenses related to the
Midtown Trail (Council Districts 4 and 7)
Sponsors: Public Works Department
2-B ID16-976 Actions pertaining to the installation of water mains in
neighborhood streets bounded by Bullard Avenue, Van Ness
Boulevard, Wrenwood Lane and Pleasant Avenue - Bid File
3394 (Council District 2 and Fresno County)
1. Adopt a finding of Class 2 Categorical Exemption set forth
in California Environmental Quality Act (CEQA) Guidelines,
Section 15302(c), for the installation of 8” and 12” water
mains in neighborhood streets bounded by Bullard Avenue,
Van Ness Boulevard, Wrenwood Lane and Pleasant Avenue
2. Award a construction contract in the amount of
$2,444,991 to West Valley Construction Company, Inc., of
Fresno, California as the lowest responsive and responsible
bidder for the installation of 8” and 12” water main in
neighborhood streets bounded by Bullard Avenue, Van Ness
Boulevard, Wrenwood Lane and Pleasant Avenue, and
authorize the Public Works Director, or designee, to sign the
standardized construction contract on behalf of the City of
Fresno
Sponsors: Public Works Department
2-C ID16-991 Approve First Amendment to the Consultant Services
Agreement with Blair, Church & Flynn Consulting Engineers,
a California Corporation, in the amount of $999,996 to
provide additional Design Phase Engineering Services and
Construction Phase Engineering Services for the City of
Fresno’s Phase 2 Regional Transmission Mains (Council
Districts 1, 3, 4, 5, and 7, County of Fresno).
Sponsors: Department of Public Utilities
2-D ID16-996 BILL - (For introduction) - Amending Subsection (d) of
Section 2-1105 of the Fresno Municipal Code relating to
threshold limits that require electronic filing of statements,
reports and other documents described by Chapter 4 of the
City of Fresno ***Subject to Mayoral Veto Page 8
City Council Meeting Agenda - Final September 1, 2016
Government Code commencing with Section 84100.
Sponsors: City Clerk's Office
2-E ID16-1021 Actions pertaining to International Association of Fire
Fighters (IAFF), Local 753 for Unit 5 - Non-Management Fire
1. ***Adopt a successor Memorandum of Understanding
between the City of Fresno and the International Association
of Fire Fighters (IAFF), Local 753 for Unit 5 -
Non-Management Fire, effective September 5, 2016.
2. ***RESOLUTION: 2nd amendment to FY 2017 Salary
Resolution No. 2016-120, amending salaries in Exhibit 5,
Unit 5, Non-Management Fire, as required by adoption of the
successor Memorandum of Understanding between the City
of Fresno and the International Association of Fire Fighters
(IAFF), Local 753 for Unit 5.
Sponsors: Personnel Services Department
2-F ID16-1022 Actions pertaining to International Union of Operating
Engineers, Stationary Engineers, Local 39 (Local 39) for Unit
1
1. ***Adopt a Side Letter of Agreement with the International
Union of Operating Engineers, Stationary Engineers, Local
39 (Local 39) for Unit 1 - Non-Supervisory Blue Collar
employees effective September 5, 2016
2. ***RESOLUTION -3rd amendment to FY 2017 Salary
Resolution No. 2016-120, amending salaries in Exhibit 1,
Unit 1, Non-Supervisory Blue Collar (Local 39), as required
by adoption of the Side Letter of Agreement between the City
of Fresno and the International Union of Operating
Engineers, Stationary Engineers, Local 39 (Local 39) for Unit
1
3. ***RESOLUTION - 3rd amendment to the Annual
Appropriation Resolution (AAR) No. 2016-118 appropriating
$2,468,500 for additional costs as required by adoption of
the Side Letter of Agreement between the City of Fresno and
the International Union of Operating Engineers, Stationary
Engineers, Local 39 (Local 39) (Requires 5 affirmative
votes)
Sponsors: Personnel Services Department
City of Fresno ***Subject to Mayoral Veto Page 9
City Council Meeting Agenda - Final September 1, 2016
2-G ID16-1023 Actions pertaining to the Operating Engineers, Local 3 for
Unit 11 - Airport Public Safety Officers
1. ***Adopt a Memorandum of Understanding between the
City of Fresno and the Operating Engineers, Local 3 for Unit
11 - Airport Public Safety Officers
2. ***RESOLUTION: 4th amendment to FY 2017 Salary
Resolution No. 2016-120, amending salaries in Exhibit 11,
Unit 11, Airport Public Safety Officers, as required by the
Memorandum of Understanding between the City of Fresno
and the Operating Engineers, Local 3 (FAPSO/OE3)
Sponsors: Personnel Services Department
2-H ID16-1024 Actions pertaining to the International Brotherhood of
Electrical Workers, Local 100 (IBEW)
1. ***Adopt a Memorandum of Understanding between the
City of Fresno and the International Brotherhood of Electrical
Workers, Local 100 for Unit 7 - Non-Supervisory Groups and
Crafts
2. ***RESOLUTION - 5th amendment to FY 2017 Salary
Resolution No. 2016-120, amending salaries in Exhibit 7,
Unit 7 - Non-Supervisory Groups and Crafts (IBEW), as
required by the Memorandum of Understanding between the
City of Fresno and the International Brotherhood of Electrical
Workers, Local 100 (IBEW)
Sponsors: Personnel Services Department
3. SCHEDULED COUNCIL HEARINGS AND MATTERS
1:45 P.M.
ID16-931 WORKSHOP - Fresno Area Express (FAX) Strategic
Services Evaluation
Sponsors: Department of Public Transportation
2:30 P.M.#1 (Continued from 10:00 A.M.#1)
ID16-973 Hold a public hearing and approve items related to the
granting of a Non-Exclusive Franchise for Roll
-Off Collection Services
1. HEARING in accordance with Fresno City Charter
Section 1301 related to ordinance and adoption of ordinance
City of Fresno ***Subject to Mayoral Veto Page 10
City Council Meeting Agenda - Final September 1, 2016
2. ***BILL NO. B-31 (Intro. 08/25/2016) (For adoption) of the
City of Fresno, which grants to Red Bin Services and JPA
Construction Clean-Up Services, Inc., a non-exclusive
franchise for roll-off collection services within the City of
Fresno
3. Authorize the Director of Public Utilities or designee, to
execute an agreement of nonexclusive franchise for roll-off
collection services with the City of Fresno.
Sponsors: Department of Public Utilities
2:30 P.M.#2 (Continued from 10:00 A.M.#2)
ID16-933 CONTINUED HEARING to consider adoption of a resolution
related to the designation of a property to the Local Register
of Historic Resources
1. ***RESOLUTION- Designating the Albert C. Wilke Home
located at 532 E. Terrace Avenue, Fresno, California to the
Local Register of Historic Resources (Council District 1)
Sponsors: Development and Resource Management Department
2:40 P.M. (Continued from 10:10 A.M.)
ID16-992 CONTINUED HEARING to consider Plan Amendment
Application No. A-16-004, Rezone Application No. R-16-005,
and related Environmental Assessment No.
A-16-004/R-16-005, filed by Dirk Poeschel Land
Development, on behalf of Topanga Management Co.
These applications pertain to approximately 4.7 acres of
property located on the east side of N. Maple Avenue
between E. Gettysburg Avenue and E. Shaw Avenue.
(Council District 4)
a. Adopt the Mitigated Negative Declaration prepared for
Environmental Assessment No. A-16-004/R-16-005 dated
June 24, 2016.
b. RESOLUTION - Approving Plan Amendment Application
No. A-16-004 proposing to amend the Fresno General Plan
and Hoover Community Plan from the Medium High Density
Residential planned land use designation to the Urban
Neighborhood land use designation.
c. BILL (For introduction and adoption) - Approving Rezone
Application No. R-16-005 to rezone the subject property from
the RM-1 (Residential Multiple Family, Medium High Density)
City of Fresno ***Subject to Mayoral Veto Page 11
City Council Meeting Agenda - Final September 1, 2016
to RM-2 (Residential Multiple Family, Urban Neighborhood)
zone district.
Sponsors: Development and Resource Management Department
2:50 P.M. (Continued from 10:20 A.M.)
CONTINUED JOINT MEETING OF THE CITY OF FRESNO, THE
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF
THE CITY OF FRESNO AND THE FRESNO REVITALIZATION
CORPORATION
ID16-1005 JOINT MEETING OF CITY (IN ITS CAPACITY AS
HOUSING SUCCESSOR) AND FRESNO REVITALIZATION
CORPORATION
Action pertaining to sale of 0.39 acres of property at 473 N.
Glenn Ave. (APN 459-061-29T)
1. Adopt a finding of Categorical Exemption pursuant to
CEQA Guidelines section 15332
2. Approve a Purchase and Sale Agreement between the
City in its capacity as Housing Successor Agency and Brad
Hardie and WITR, LLC.
Sponsors: Successor Agency to the Redevelopment Agency of the City
of Fresno
ADJOURN JOINT MEETING
3:00 P.M. CONTESTED CONSENT CALENDAR
5:00 P.M.
ID16-1002 CONTINUED HEARING to consider Plan Amendment
Application No. A-16-006, Rezone Application No. R-16-007,
Development Code Text Amendment Application No.
TA-16-001 and related environmental finding filed by the
Development and Resource Management Department
Director pertaining to 316.09 acres of property as follows:
1. ADOPT Environmental Assessment No. A-16-006, R-16-
007, TA-16-001, an Addendum to Final Master
Environmental Impact Report SCH No. 2012111015 (MEIR)
certified by the Fresno City Council on December 18, 2014
City of Fresno ***Subject to Mayoral Veto Page 12
City Council Meeting Agenda - Final September 1, 2016
for the Fresno General Plan and Development Code,
pursuant to California Environmental Quality Act Guidelines
Sections 15162 and 15164;
2. RESOLUTION - Approving Plan Amendment Application
No. A-16-006, pertaining to 249.06 acres, to amend the
Fresno General Plan (Figure LU-1: Land Use and Circulation
Map, and Figure LU-2: Dual Designation Diagram), the
Bullard, Fresno High, McLane, Roosevelt, West Area, and
Woodward Park Community Plans, the Tower District
Specific Plan, the Fresno Yosemite Airport Land Use
Compatibility Plan and the Sierra Sky Park Land Use Policy
Plan, as described in Exhibit A (with Errata);
3. BILL - (For introduction and adoption) Approving Rezone
Application No. R-16-007, to amend the City of Fresno
Zoning Map to effect technical changes to zoning on
properties that were inadvertently omitted from the zoning
map update. The rezones are requested to attain
consistency with the approved general plan land use
designation, and are further described in Exhibit A (with
Errata);
4. BILL - (For introduction) - Approving Text Amendment
Application No. TA-16-001 for minor changes to the
Development Code in order to improve functionality, clarity,
and internal consistency. Proposed amendments affect the
following standards and/or procedures: rear setbacks,
private open space, fencing, signage, hours of operation for
establishments serving alcohol, design standards within
mixed use districts, the apartment house overlay,
intersection visibility; the addition of produce stands, urban
farms and large family day care to certain zone districts; the
deletion of the airport environs and planned development
overlay districts (due to redundancy); and posting
requirements, among others (see Exhibit B for complete text
amendment). The affected sections are 15-404-F, 15-904-A,
15-1004-C-1, 15-1004-D-1-a, 15-1104-D-1, 15-2006-F, 15-
2305-C-2, 15-2609-B, 15-2610-E-2, 15-2611-G, 15-2735-G,
15-2741-A-7-a, Table 15-2744-A , 15-2744-C-1, 15-2747,
Table 15- 751-G, 15-4906-D-1, 15-4906-H, 15-5003-A, 15-
5302-D, 15-5602-A, 15-6703, 15-104-A, Table 15-107-B, 15-
313, Table 15-902, Table 15-1002, Table 15-1102, 15-1104
-G.1, Table 15-1202, Table 15-1302, Table 15-1402, 15-
City of Fresno ***Subject to Mayoral Veto Page 13
City Council Meeting Agenda - Final September 1, 2016
1601, 15-1602, 15-1609-B, 15-2006-F, Table 15-2015-B.4,
15-2018, 15-2102-A, 15-2707, 15-2754, 15-5007-C, 15-5810
-A.
Sponsors: Development and Resource Management Department
6:00 P.M.
ID16-1007 ***RESOLUTION - Recognizing the November 1984
Anti-Sikh Violence in India as Genocide
Sponsors: City Councilmember Olivier, City Councilmember Baines III
and City Councilmember Soria
4. CITY COUNCIL
4-A ID16-1012 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
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)
City of Fresno ***Subject to Mayoral Veto Page 14
City Council Meeting Agenda - Final September 1, 2016
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 Bruce Rudd, and 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
ID16-1027 CONFERENCE WITH LEGAL COUNSEL - DECIDING
WHETHER TO INITIATE LITIGATION
Government Code Section 54956.9, subdivision (d)(4)
1. City of Fresno v. Fresno County Local Agency Formation
Commission (LAFCo)
Sponsors: City Attorney's Office
ID16-1030 CONFERENCE WITH LABOR NEGOTIATOR - Government
Code Section 54957.6
City Negotiator(s): Jeffrey Cardell, Ken Phillips
Employee Organizations:
1. International Brotherhood of Electrical Workers, Local
100 (IBEW)
2. International Association of Firefighters, Local 753,
Unit 10 (Fire Management)
Sponsors: Personnel Services Department
City of Fresno ***Subject to Mayoral Veto Page 15
City Council Meeting Agenda - Final September 1, 2016
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
September 8, 2016 - NO MEETING
September 15, 2016
10:00 A.M. HEARING - Regarding the vacation of a portion of N. Blythe Avenue,
and a portion of a Landscape and Public Utility Easement, north of W. Minarets
Avenue (Council District 2)
September 22, 2016
10:00 AM - HEARING regarding City of Fresno Community Facilities District No.
11, Annexation No. 72 (Final Tract Map No. 6124) north and south of E. California
Avenue between S. Temperance and Armstrong Avenues) (Council District 5)
September 22, 2016
10:05 AM - HEARING amending Annexation No. 70 of the City of Fresno
Community District No. 11, Final Tract Map No. 6067, to change the types of
Services, the rate and method of apportionment of the special tax, and the
Maximum Special Tax to be levied (east side of N. Locan Avenue between E.
Shields and Dakota Avenues) (Council District 4)
September 22, 2016
5:00 PM - CONTINUED HEARING to consider Plan Amendment Application No.
A-16-005, Rezone Application No. R 16 006, Development Permit Application No.
D-16-031, filed by Nick Yovino Jr. of California Land Consulting, on behalf of Marcil
Awad of Drew Court LLC.
October 13, 2016
10:00 A.M. - HEARING - Regarding the vacation of a portion of San Benito Street
between the “F”-“G” alley and “G” Street, and the “F”-“G” alley between Santa Clara
City of Fresno ***Subject to Mayoral Veto Page 16
City Council Meeting Agenda - Final September 1, 2016
and San Benito Streets. (Council District 3).
UPCOMING EMPLOYEE CEREMONIES
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
September 8, 2016 - NO MEETING - LABOR DAY WEEK
September 15, 2016 - 1:30 P.M. MEETING
September 22, 2016 - 9:00 A.M. MEETING
September 29 - NO MEETING - ICMA
October 6, 2016 - NO MEETING - LEAGUE OF CA CITIES
October 13, 2016 - 9:00 A.M. MEETING
October 20, 2016 - 1:30 P.M. MEETING
October 27, 2016 - NO MEETING
City of Fresno ***Subject to Mayoral Veto Page 17
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