City Council

City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Meeting Minutes - Final City Council President - Esmeralda Z. Soria Vice President - Steve Brandau Councilmembers: Oliver L. Baines, III, Garry Bredefeld, Paul Caprioglio, Luis Chavez, Clinton J. Olivier City Manager - Wilma Quan-Schecter City Attorney - Douglas T. Sloan City Clerk - Yvonne Spence, MMC Thursday, January 11, 2018 8:30 AM Council Chambers Regular Meeting The City Council met in regular session in the Council Chamber, City Hall on the date and time written above. 8:42 A.M. ROLL CALL Present: 7 - Councilmember Clinton Olivier President Esmeralda Z. Soria Councilmember Oliver L. Baines III Vice President Steve Brandau Councilmember Garry Bredefeld Councilmember Paul Caprioglio Councilmember Luis Chavez The meeting was called to order by Council President Olivier. Following the Election of the Council President and Council Vice President (File ID 18-0086), Councilmember Soria presided over the meeting as Council President. Invocation by Pastor Nick Minerva from Ambassador Baptist Church. Pledge of Allegiance to the Flag APPROVE AGENDA City Clerk Spence announced the following changes to the agenda: File ID 18-0004 (1-A) Removed from the agenda-Approve a substitution of listed Subcontractor Ace Pipelining, Inc., for Sewer Rehabilitation in N. Abby Street and E. Hammond Avenue; File ID 18-0058 (10:00 A.M. #3) Removed City of Fresno ***Subject to Mayoral Veto Page 1 City Council Meeting Minutes - Final January 11, 2018 from the agenda-Continued hearing to consider Supplemental Environmental Impact Report (SEIR) No. 10151 for the Producers Dairy Project and File ID 18-0070 (10:25 A.M.) Removed from the agenda by speaker-Appearance by Enrique Reade to discuss "Air Cargo" at the FYI Airport. On motion of Councilmember Caprioglio, seconded by Councilmember Brandau, the above item was adopted as amended. The motion carried by the following vote: Aye: 7 - Olivier, Soria, Baines III, Brandau, Bredefeld, Caprioglio and Chavez CEREMONIAL PRESENTATIONS 18-0072 Presentation of the SPCA Pet of the Month Sponsors: City Councilmember Chavez PRESENTED 18-0094 Proclamation of “Steve Schilling Day” Sponsors: Council President Soria PRESENTED 18-0084 Proclamation of “Central High Football Day” Sponsors: Council President Soria PRESENTED 18-0085 Proclamation of “Central High Girls Volleyball Day” Sponsors: Council President Soria PRESENTED APPROVE MINUTES ID18-0014 Approval of minutes from December 14, 2017. Sponsors: City Clerk's Office On motion of Councilmember Caprioglio, seconded by Vice President Soria, that the above Minutes be approved. The motion carried by the following vote: City of Fresno ***Subject to Mayoral Veto Page 2 City Council Meeting Minutes - Final January 11, 2018 Aye: 7 - Olivier, Soria, Baines III, Brandau, Bredefeld, Caprioglio and Chavez 8:30 A.M. 2018 CITY COUNCIL ELECTION 18-0086 Election of Council President and Vice President Council President Soria thanked everyone that was in the audience and those who supported her in her new role as Council President and asked everyone to join her at 5:30PM to celebrate. Member of the public Pat Barr with the Fresno County Democratic Women's Club presented flowers to Council President Soria. Council President Soria and Councilmembers presented a special presentation and gifts to former Council President Olivier On motion of Councilmember Caprioglio, seconded by Councilmember Baines III, Council Vice President Sorial was elected Council President and Councilmember Brandau was elected Council Vice President. The motion carried by the following vote: Aye: 7 - Olivier, Soria, Baines III, Brandau, Bredefeld, Caprioglio and Chavez 18-0087 Election of Chair and Vice Chair to the Successor Agency to the Redevelopment Agency of the City of Fresno On motion of Councilmember Baines III, seconded by Councilmember Chavez, Council President Soria was elected Chair and Councilmember Caprioglio was elected Vice Chair of the Successor Agency to the Redevelopment Agency of the City of Fresno . The motion carried by the following vote: Aye: 7 - Olivier, Soria, Baines III, Brandau, Bredefeld, Caprioglio and Chavez COUNCILMEMBER REPORTS AND COMMENTS Councilmember Caprioglio congratulated Council President Soria, wished everyone a happy New Year and congratulated the Fresno State Football team for a great season. City of Fresno ***Subject to Mayoral Veto Page 3 City Council Meeting Minutes - Final January 11, 2018 Councilmember Bredefeld spoke regarding the Attorney General and marijuana issues and stated he will bring forward an item to Council for discussion in the near future. Councilmember Olivier discussed what is going on in Washington and supports Councilmember Bredefeld bringing forward a discussion item to Council. Council President Soria spoke regarding District 1 Young Councilmember program for the second year and accepted 16 students to be apart of the program. 1. CONSENT CALENDAR On motion of Councilmember Caprioglio, seconded by Council Vice President Brandau, the CONSENT CALENDAR below was hereby adopted by the following vote. Aye: 7 - Olivier, Soria, Baines III, Brandau, Bredefeld, Caprioglio and Chavez 1-A 18-0004 Approve a substitution of listed Subcontractor Ace Pipelining, Inc., for Sewer Rehabilitation in North Abby Street and East Hammond Avenue Project ID RC00164 (Council District 7) Sponsors: Public Works Department The above item was removed from the agenda 1-B ID18-0009 Actions pertaining to the McKinley Avenue Street Light Installation Project from Marks to Hughes Avenue - Bid File 3574 (Council District 3) 1. Adopt a finding of Categorical Exemption per staff determination, pursuant to Section 15301(c) 1 of the California Environmental Quality Act Guidelines (CEQA) for the McKinley Avenue Street Light Installation Project from Marks to Hughes Avenue 2. Award a Construction Contract with Sebastian of Fresno, California in the amount of $139,913 for the McKinley Avenue Street Light Installation Project from Marks to Hughes Avenue and authorize the Public Works Director or designee to sign a contract on behalf of the City City of Fresno ***Subject to Mayoral Veto Page 4 City Council Meeting Minutes - Final January 11, 2018 Sponsors: Public Works Department 1-C ID18-0011 Approve Revised Five Year Underground Utility District Plan (Located City Wide) Sponsors: Public Works Department 1-D 18-0096 Approval of a Memorandum of Understanding with the Housing Authority of the City of Fresno, California and Silvercrest, Inc. for offsite improvements at 3039 N. Blackstone (Council District 7). Sponsors: Public Works Department 1-E 18-0001 BILL (for introduction) - Amending Section 10-617 of the Fresno Municipal Code relating to Blighted Vacant Buildings Sponsors: Development and Resource Management Department BILL B-1 INTRODUCED AND LAID OVER 1-F 18-0061 Approve the First Amendment to the Professional Consultant Services Agreement with Silver Lining Solutions, LLC, Inc., to increase the Agreement by $50,000 for the development of additional specialized user products (reports and scripting) related to the implementation of Accela, the City’s new Land Management System. (Citywide) Sponsors: Development and Resource Management Department 1-G 18-0057 ***RESOLUTION - Authorizing application for and acceptance of funds from the State of Good Repair Program of California’s Department of Transportation (Citywide) (subject to Mayor’s veto) Sponsors: Department of Transportation RESOLUTION 2018-1 ADOPTED 1-H 18-0052 Approve the use of the City Master Equipment Lease Purchase Agreement to purchase 14 Ford F-150 regular cab, short bed, pickups in the amount of $316,315 for the Development and Resource Management Department Sponsors: Department of Transportation City of Fresno ***Subject to Mayoral Veto Page 5 City Council Meeting Minutes - Final January 11, 2018 1-I 18-0064 Actions pertaining to the City of Fresno for various recycled water infrastructure capital improvement projects: (citywide) 1. Approve a Consultant Services Agreement with PaleoWest Archaeology, LLC., not to exceed $491,789 to provide Paleontological and Cultural Resources Monitoring Services (citywide) 2. Authorize the Director of Public Utilities, or designee, to sign the agreement on behalf of the City of Fresno Sponsors: Department of Public Utilities 1-J ID18-0013 Actions pertaining to the Design of the Reclaimed Water Pipeline at the Regional Wastewater Reclamation Facility (Council District 3) 1. ***RESOLUTION - 46th Amendment to the Annual Appropriation Resolution No. 2017-165 appropriating $91,000 for Design of the Reclaimed Water Pipeline at the Fresno/Clovis Regional Wastewater Reclamation Facility (Requires 5 affirmative votes) (Subject to Mayor’s veto) 2. Award a Professional Consultant Services Agreement in the amount of $70,970 and a contingency of $10,000 to Blair, Church & Flynn, Inc., a California Corporation, for professional engineering services for the Design of the Reclaimed Water Pipeline at the Regional Wastewater Reclamation Facility (Council District 3) Sponsors: Department of Public Utilities RESOLUTION 2018-2 ADOPTED 1-K 18-0069 Approve the purchase from AMS.NET of two Hewlett Packard CS3000 Storage Area Network Appliances in the amount of $263,610.84 to facilitate the upgrade and expansion of the Wastewater Management Division’s electronic storage architecture utilizing a cooperative purchase agreement. Sponsors: Information Services Department 1-L 18-0071 ***BILL NO. B-73 - (Intro. 12/14/2017) (For adoption) - Extending the exemption on Development Impact Fees for certain projects in economically disadvantaged neighborhoods. (Subject to City of Fresno ***Subject to Mayoral Veto Page 6 City Council Meeting Minutes - Final January 11, 2018 Mayor’s veto) Sponsors: Council President Soria and City Councilmember Olivier ORDINANCE 2018-1 ADOPTED 1-M 18-0073 ***BILL NO. B-74 - (Intro. 12/14/2017) (For adoption) - Extending the exemption for Development Impact Fees for the replacement or reconstruction of existing commercial structures. (Subject to Mayor’s veto) Sponsors: Council President Soria and City Councilmember Olivier ORDINANCE 2018-2 ADOPTED 1-N 18-0092 ***RESOLUTION - Amending Council Rules of Procedure. (Subject to Mayor’s veto) Sponsors: Council President Soria The above item was pulled from Consent Calendar by Councilmember Caprioglio and moved to Contested Consent for further discussion. 1-O 18-0074 ***BILL NO. B-75 (Intro. 12/14/2017) (For adoption) - Amending Section 4-107 of the Fresno Municipal Code relating to City Manager’s contracting authority. (Subject to Mayor’s veto) Sponsors: City Manager's Office ORDINANCE 2018-3 ADOPTED 1-P 18-0102 Approve the re-appointments of Vonnie Franks and Edward Saliba to the Fresno-Madera Area Agency on Aging Sponsors: City Councilmember Olivier CONTESTED CONSENT CALENDAR 1-N 18-0092 ***RESOLUTION - Amending Council Rules of Procedure. (Subject to Mayor’s veto) Sponsors: Council President Soria Councilmember Caprioglio agreed with the Thursday 5:00PM deadline for submission of documents, suggested that the Consent Calendar items that are pulled be set to a time to allow staff to return to work until their item is ready to be heard and suggested the meetings start at 9:00AM instead of City of Fresno ***Subject to Mayoral Veto Page 7 City Council Meeting Minutes - Final January 11, 2018 8:30AM. Vice President Brandau asked Council President Soria what was the overriding concern about the Thursday before the Council meeting and why has it been so difficult to meet the deadline in the past. Council President Soria stated it is enforcement. Council Vice President Brandau continued to asked if the staff report is not ready will it not be allowed to be on the agenda. Council President Soria stated yes. Council Vice President Brandau asked City Clerk Spence how often do items get added on Fridays the day of publication. City Clerk Spence stated at least once a month. Council President Soria agreed to amend the item to start the meetings at 9:00AM instead of 8:30AM. Councilmember Bredefeld disagreed with the Thursday 5:00PM deadline and will not support the item for that reason. Councilmember Olivier stated that Council President is a facilitator and not to be ridged and to be flexible and supports the item as amended. On motion of Councilmember Caprioglio, seconded by Councilmember Chavez, that the above Resolution be adopted as amended. The motion carried by the following vote: Aye: 6 - Olivier, Soria, Baines III, Brandau, Caprioglio and Chavez No: 1 - Bredefeld Councilmember Olivier left the meeting at 9:49AM 3. GENERAL ADMINISTRATION 3-A 18-0062 Actions related to a Biomethane Purchase and Sale Agreement with Colony Energy Partners, LLC.: 1. Adopt a finding of Class 1/Existing Facilities Categorical Exemption pursuant to Section 15301of the California Environmental Quality Act. 2. Authorize the City Manager to execute a Biomethane Purchase and Sale Agreement with Colony Energy Partners, LLC. City of Fresno ***Subject to Mayoral Veto Page 8 City Council Meeting Minutes - Final January 11, 2018 Sponsors: Department of Public Utilities The above item was introduced to Council by Director Esqueda, Public Utilities Department. Upon call, there was no public comment. Councilmember Baines stated that the generated income rate payers will off set the cost. On motion of Councilmember Baines III, seconded by Councilmember Caprioglio, that the above Action Item be adopted. The motion carried by the following vote: Aye: 6 - Soria, Baines III, Brandau, Bredefeld, Caprioglio and Chavez Absent: 1 - Olivier 3-B 18-0063 Actions pertaining to the City of Fresno Phase 2 Regional Transmission Mains Segment B & C Project: (Council Districts 4, 5, and 7) 1. ***RESOLUTION - 48th Amendment to the Annual Appropriation Resolution No. 2017-165 to appropriate $655,000 to fund a construction contract and staff costs to construct Segments B & C of the Phase 2 Regional Transmission Mains Project (Requires 5 affirmative votes) (Subject to Mayor’s veto) 2. Award a construction contract in the amount of $11,490,484 to Vido Artukovich & Son, Inc./Vidmar, Inc., a joint venture for the City of Fresno Phase 2 Regional Transmission Mains Segment B & C Project - Bid File No. 3452 (Council Districts 4, 5, and 7) 3. Authorize the Director of Public Utilities, or designee, to sign the agreement on behalf of the City Sponsors: Department of Public Utilities The above item was introduced to Council by Planning Manager Carbajal, Public Utilities Department. Upon call, there was no public comment. RESOLUTION 2018-4 ADOPTED. On motion of Councilmember Caprioglio, seconded by City of Fresno ***Subject to Mayoral Veto Page 9 City Council Meeting Minutes - Final January 11, 2018 Councilmember Chavez, that the above Resolution be adopted. The motion carried by the following vote: Aye: 6 - Soria, Baines III, Brandau, Bredefeld, Caprioglio and Chavez Absent: 1 - Olivier 3-C 18-0048 Actions pertaining to HOME Investment Partnerships Program, Community Housing Development Organization, Agreement with Habitat for Humanity Fresno County, Inc.: 1. Adopt a finding of Categorical Exemption pursuant to Section 15332/Class 32 of the California Environmental Quality Act (CEQA) Guidelines. 2. Approve a $445,000 HOME Investment Partnerships Program, Community Housing Development Organization, Agreement with Habitat for Humanity Fresno County, Inc. for the construction of three affordable single-family houses at West Rialto Avenue and North Barcus Avenue in northwest Fresno (District 1). Sponsors: Development and Resource Management Department The above item was introduced to Council by Assistant Director Furtado, DARM Department. Upon call, there was no public comment. Councilmember Baines asked staff how many homes will be built. Assistant Director Furtado stated 3 homes. Matthew Grundy, Habitat for Humanity Fresno County stated families have to qualify, demonstrate need by living in substandard housing and invest 500 hours working on the home. Council Vice President Brandau left the meeting at 10:00AM On motion of Council President Soria, seconded by Councilmember Baines III, that the above Action Item be adopted. The motion carried by the following vote: Aye: 6 - Soria, Baines III, Brandau, Bredefeld, Caprioglio and Chavez Absent: 1 - Olivier City of Fresno ***Subject to Mayoral Veto Page 10 City Council Meeting Minutes - Final January 11, 2018 2. SCHEDULED COUNCIL HEARINGS AND MATTERS 10:00 A.M.#1 ID18-0012 HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding City of Fresno Community Facilities District No. 11, Annexation No. 85 (Final Tract Map No. 5538) (northwest corner of North Polk and East Dakota Avenues) (Council District 1) 1. RESOLUTION - Directing Preparation of a Modified District Report Analyzing Impact of Proposed Change in the Unit Quantity for Services and Decrease in Probable Special Tax for Proposed Modification of Council Resolution No. 2017-320 2. RESOLUTION - Receiving and Approving the Modified District Report and Modifying Council Resolution No. 2017-320 for Annexation No. 85 3. ***RESOLUTION - to Annex Territory to Community Facilities District No. 11 and Authorizing the Levy of a Special Tax for Annexation No. 85 (Subject to Mayor’s Veto) 4. ***RESOLUTION - Calling Special Mailed-Ballot Election (Subject to Mayor’s Veto) 5. ***RESOLUTION - Declaring Election Results (Subject to Mayor’s Veto) 6. ***BILL - (For introduction and adoption) - Levying a Special Tax for the Property Tax Year 2017-2018 and Future Tax Years Within and Relating to Community Facilities District No. 11, Annexation No. 85 (Subject to Mayor’s Veto) Sponsors: Public Works Department The above hearing was called to order at 10:01AM The above item was introduced to Council by Assistant Director Benelli, Public Works Department. Upon call, there was no public comment. The hearing was closed at 10:01AM. RESOLUTION 2018-5 ADOPTED RESOLUTION 2018-6 ADOPTED City of Fresno ***Subject to Mayoral Veto Page 11 City Council Meeting Minutes - Final January 11, 2018 RESOLUTION 2018-7 ADOPTED RESOLUTION 2018-8 ADOPTED RESOLUTION 2018-9 ADOPTED BILL B-2 ADOPTED ORDINANCE 2018-4 ADOPTED On motion of Vice President Soria, seconded by Councilmember Caprioglio, that the above Action Item be adopted. The motion carried by the following vote: Aye: 5 - Soria, Baines III, Bredefeld, Caprioglio and Chavez Absent: 2 - Olivier and Brandau 10:00 A.M.#2 ID18-0008 HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding City of Fresno Community Facilities District No. 9, Annexation No. 21 (Assessor’s Parcel Number 303-201-29, Development Permit Application No. 2017-047) (west side of North Fresno Street just south of East Alluvial Avenue) (Council District 6) 1. ***RESOLUTION - Annexing Territory to Community Facilities District No. 9 and Authorizing the Levy of a Special Tax (Subject to Mayor’s Veto) 2. ***RESOLUTION - Calling Special Mailed-Ballot Election (Subject to Mayor’s Veto) 3. ***RESOLUTION - Declaring Election Results (Subject to Mayor’s Veto) 4. ***BILL - (For introduction and adoption) - Levying a Special Tax for the Property Tax Year 2017-2018 and Future Tax Years Within and Relating to Community Facilities District No. 9, Annexation No. 21 (Subject to Mayor’s Veto) Sponsors: Public Works Department The above hearing was called to order at 10:02. The above item was introduced to Council by Assistant Director Benelli, Public Works Department. Upon call, there was no public comment. The hearing was closed at City of Fresno ***Subject to Mayoral Veto Page 12 City Council Meeting Minutes - Final January 11, 2018 10:02AM. RESOLUTION 2018-10 ADOPTED RESOLUTION 2018-11 ADOPTED RESOLUTION 2018-12 ADOPTED BILL B-3 ADOPTED ORDINANCE 2018-5 ADOPTED On motion of Councilmember Bredefeld, seconded by Councilmember Caprioglio, that the above Action Item be adopted. The motion carried by the following vote: Aye: 5 - Soria, Baines III, Bredefeld, Caprioglio and Chavez Absent: 2 - Olivier and Brandau Councilmember Olivier and Council Vice President Brandau returned to the meeting at 10:05AM 3-D 18-0093 Anti-Slum Enforcement Team (ASET) Quarterly Status Report and Update on Rental Housing Improvement Act Sponsors: City Manager's Office and City Attorney's Office The above item was introduced to Council by City Attorney Sloan, City Manager Quan-Schecter and Deputy City Attorney Roberson. 10:00 A.M.#3 18-0058 (CONTINUE TO 5:00 P.M.) CONTINUED HEARING to consider Supplemental Environmental Impact Report (SEIR) No. 10151 (State Clearinghouse (SCH) No. 2017031030), Rezone Application No. R-17-021, Development Permit No. D-16-088 and Variance Application No. V-17-01 for the Producers Dairy Project located on the south side of E. Belmont Avenue between N. Ferger and N. Roosevelt Avenues in the City of Fresno. (Council District 3) 1. RESOLUTION -Certifying Supplemental Final EIR No. 10151 (SCH No. 2017031030), for the Producers Dairy Project located at 450 E. Belmont Avenue; and, a. ADOPT Findings of Fact as required by Public Resources Code Section 21081(a) and CEQA Guidelines, Section 15091; City of Fresno ***Subject to Mayoral Veto Page 13 City Council Meeting Minutes - Final January 11, 2018 and b. ADOPT the Statement of Overriding Considerations as required by Public Resources Code, Section 21081(b) and CEQA Guidelines, Section 15093. c. APPROVE a Mitigation Monitoring and Reporting Program as required by Public Resources Code Section 21081.6 and CEQA Guidelines Section 15097; and, 2. BILL-(for Introduction and Adoption) - Approving Rezone Application No. R-17-021 requesting to rezone the subject property from IL/cz (conditions of zoning) to IL/cz (conditions of zoning). 3. APPROVE Development Permit Application No. D-16-088 (subject to the attached Conditions of Approval dated October 4, 2017). 4. APPROVE Variance Application No. V-17-001. Sponsors: Vice President Brandau The above item was removed from the agenda 10:05 A.M. ID18-0006 HEARING - Regarding the vacation of a portion of the “M”-“N” alley southeasterly of the Mariposa Mall (Council District 3) 1. ***RESOLUTION - Ordering the vacation of a portion of the “M”-“N” alley southeasterly of the Mariposa Mall (Subject to Mayor’s veto) Sponsors: Public Works Department The above hearing was called to order at 10:07AM. The above item was introduced to Council by Chief Surveyor Camit, Public Works Department. Upon call, there was no public comment. The public hearing was closed at 10:09AM. RESOLUTION 2018-13 ADOPTED On motion of Councilmember Baines III, seconded by Councilmember Caprioglio, that the above Resolution be adopted. The motion carried City of Fresno ***Subject to Mayoral Veto Page 14 City Council Meeting Minutes - Final January 11, 2018 by the following vote: Aye: 7 - Olivier, Soria, Baines III, Brandau, Bredefeld, Caprioglio and Chavez 10:20 A.M. 18-0056 TEFRA HEARING - To hear and consider information concerning the proposed issuance of Revenue Bonds by California Public Finance Authority (CalPFA) for the purpose of financing the acquisition, rehabilitation, improvement and equipping of Bigby Villa Apartments and Westgate Gardens Apartments by Reliant - Valley, LP. 1. ***RESOLUTION - Approving a tax-exempt bond financing to be issued by CalPFA to benefit Reliant - Valley, LP in the aggregate principal amount not to exceed $32 million for Bigby Villa Apartments (Subject to Mayor’s veto). 2. ***RESOLUTION - Approving a tax-exempt bond financing to be issued by CalPFA to benefit Reliant - Valley, LP in the aggregate principal amount not to exceed $18 million for Westgate Gardens Apartments (Subject to Mayor’s veto). Sponsors: Finance Department The above item was introduced to Council by Director Lima, Finance Department. Upon call, there was no public comment. RESOLUTION 2018-14 ADOPTED RESOLUTION 2018-15 ADOPTED Council Vice President Brandau left the meeting at 10:22AM On motion of Councilmember Baines III, seconded by Councilmember Chavez, that the above Resolution be adopted. The motion carried by the following vote: Aye: 6 - Olivier, Soria, Baines III, Bredefeld, Caprioglio and Chavez Absent: 1 - Brandau 10:25 A.M. SCHEDULED COMMUNICATION City of Fresno ***Subject to Mayoral Veto Page 15 City Council Meeting Minutes - Final January 11, 2018 18-0070 Appearance by Enrique Reade to discuss “Air Cargo” at the Fresno Yosemite International Airport (FYI) The above item was removed from the agenda PLEASE NOTE: UNSCHEDULED COMMUNICATION IS NOT SCHEDULED FOR A SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING UNSCHEDULED COMMUNICATION Upon call, there was no unscheduled communication Council recessed from 10:24AM and returned from recess at 10:41AM Council Vice President Brandau returned to the meeting at 10:41AM Councilmember Olivier left the meeting at 10:41AM 10:30 A.M. JOINT MEETING OF THE CITY COUNCIL, SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF FRESNO, AND THE FRESNO REVITALIZATION CORPORATION 18-0095 Successor Agency to the Redevelopment Agency of the City of Fresno and Fresno Revitalization Corporation (FRC) consider adopting: 1. RESOLUTION - Approving the Recognized Obligation Payment Schedule 18-19 Sponsors: Successor Agency to the Redevelopment Agency of the City of Fresno The above item was called to order at 10:41AM The above item was introduced to Council by Redevelopment Administrator Murphey, Successor Agency to the Redevelopment Agency of the City of Fresno. Upon call, there was no public comment. Councilmember Caprioglio asked staff, with the net dollars to the City of Fresno where does the final dollars end up. Redevelopment Administrator Murphey responded 80 percent goes to the City general fund and the other City of Fresno ***Subject to Mayoral Veto Page 16 City Council Meeting Minutes - Final January 11, 2018 20 percent goes to Housing Successor Agency. RESOLUTION SA-38 ADOPTED On motion of Councilmember Caprioglio, seconded by Councilmember Chavez, that the above Resolution be adopted. The motion carried by the following vote: Aye: 6 - Soria, Baines III, Brandau, Bredefeld, Caprioglio and Chavez Absent: 1 - Olivier 4. CITY COUNCIL 4-A 18-0088 RESOLUTION - Appointing Councilmember Drew M. Bessinger, City of Clovis to the vacant position on the San Joaquin Valley Air Pollution Control District Sponsors: Council President Soria The above item was removed from the agenda and continued to January 25, 2018 4-B 18-0089 RESOLUTION - Establishing the Central Southeast Area Specific Plan Steering Committee Sponsors: City Councilmember Chavez The above item was introduced to Council by Councilmember Chavez. Councilmember Chavez amended the item to include up to 17 individuals on the committee. RESOLUTION 2018-16 ADOPTED AS AMENDED On motion of Councilmember Chavez, seconded by Councilmember Baines III, that the above Discussion Item be adopted as amended. The motion carried by the following vote: Aye: 6 - Soria, Baines III, Brandau, Bredefeld, Caprioglio and Chavez Absent: 1 - Olivier Council recessed at 10:51AM and returned from recess at 3:00PM 5. CLOSED SESSION City of Fresno ***Subject to Mayoral Veto Page 17 City Council Meeting Minutes - Final January 11, 2018 Council recessed to Closed Session at 3:00PM and returned from Closed Session at 4:13PM There was no announcement after Closed Session 5-A 18-0077 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION - Government Code Section 54956.9, subdivision (d)(1) 1. Centeno, Channel, et al. v. City of Fresno, et al.; United States District Court Case No.:1:16-CV-00653-DAD-SAB Sponsors: City Attorney's Office DISCUSSED 5-B 18-0078 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION - Government Code Section 54956.9, subdivision (d)(1) 1. Motley, Pamela, et al. v. City of Fresno, et al.; United States District Court Case No.: 1:15-CV-00905-BAM. Sponsors: City Attorney's Office DISCUSSED 5-C 18-0079 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION - Government Code Section 54956.9, subdivision (d)(1) 1. Case Name: Nelson, Veronica, et al. v. City of Fresno, et al.; United States District Court Case No.: 1:16-CV-01754 -DAD-BAM; Noble, Darren, et al. v. City of Fresno, et al. United States District Court Case No.: 1:16-CV-01690-DAD-BAM Sponsors: City Attorney's Office DISCUSSED 5-D 18-0080 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION - Government Code Section 54956.9, subdivision (d)(1) 1. Mendoza, Adelaida, et al. v. City of Fresno, et al.; Fresno Superior Court Case No.: 15CECG03764 Sponsors: City Attorney's Office City of Fresno ***Subject to Mayoral Veto Page 18 City Council Meeting Minutes - Final January 11, 2018 DISCUSSED 4:15 P.M. 18-0091 RESOLUTION - To impound motor vehicles used in the commission of illegal dumping Sponsors: City Councilmember Bredefeld The above item was introduced to Council by Councilmember Bredefeld. Upon call, there was no public comment. RESOLUTION 2018-17 ADOPTED On motion of Councilmember Bredefeld, seconded by Councilmember Chavez, that the above Resolution be adopted. The motion carried by the following vote: Aye: 6 - Soria, Baines III, Brandau, Bredefeld, Caprioglio and Chavez Absent: 1 - Olivier Council recessed at 4:24PM and returned from recess at 4:31PM Councilmember Olivier returned to the meeting at 4:28PM 4:30 P.M. 18-0055 RESOLUTION - Of initiation of a text amendment to expand uses allowed along Belmont Avenue in the City of Fresno Sponsors: City Councilmember Olivier The above item was introduced to Council by Councilmember Olivier. Councilmember Olivier asked staff if they have encountered problems in other locations, what would the fix do for Belmont, what are the design standards and how applying the plan development agreement will help the business owners, if the area is rezoned how costly would the process be and would an Environmental Impact Report be needed. Councilmember Olivier thanked staff and urged a yes vote. Upon call, the following members of the public address Council: Nathan City of Fresno ***Subject to Mayoral Veto Page 19 City Council Meeting Minutes - Final January 11, 2018 Alonzo, Derrick Purcell, Joe Guagliardo, Melvin Erickson and Fred Williams. Councilmember Baines asked Councilmember Olivier how much of Belmont Avenue is it applying to, what are the proposed changes that are being discussed, what uses are being talked about that are being taken away and supports the item as presented. City Manager Quan-Schecter offered Councilmember Baines to meet with staff to discuss the clean up information before March. Councilmember Chavez requested to be a part of the meetings. Council Vice President Brandau asked if the flexibility was being added back for businesses, asked if the item is a general plan amendment or development code amendment. Assistant Director Zack stated it is a text amendment. Council Vice President Brandau asked City Attorney Sloan if the item was a general plan amendment. City Attorney Sloan responded that the item is not initiating a general plan amendment. Councilmember Olivier asked staff what their opinion was on adding the general plan amendment. Assistant Director Zack stated that the changes that are being done now fall within the general plan. Councilmember Caprioglio supported the item as presented. RESOLUTION 2018-18 ADOPTED On motion of Councilmember Olivier, seconded by Council Vice President Brandau, that the above Action Item be adopted. The motion carried by the following vote: Aye: 7 - Olivier, Soria, Baines III, Brandau, Bredefeld, Caprioglio and Chavez 5:00 P.M. 18-0101 CONTINUED HEARING to consider Supplemental Environmental Impact Report (SEIR) No. 10151 (State Clearinghouse (SCH) No. 2017031030), Rezone Application No. R-17-021, Development Permit No. D-16-088 and Variance Application No. V-17-01 for the Producers Dairy Project located City of Fresno ***Subject to Mayoral Veto Page 20 City Council Meeting Minutes - Final January 11, 2018 on the south side of E. Belmont Avenue between N. Ferger and N. Roosevelt Avenues in the City of Fresno. (Council District 3) 1. RESOLUTION -Certifying Supplemental Final EIR No. 10151 (SCH No. 2017031030), for the Producers Dairy Project located at 450 E. Belmont Avenue; and, a. ADOPT Findings of Fact as required by Public Resources Code Section 21081(a) and CEQA Guidelines, Section 15091; and b. ADOPT the Statement of Overriding Considerations as required by Public Resources Code, Section 21081(b) and CEQA Guidelines, Section 15093. c. APPROVE a Mitigation Monitoring and Reporting Program as required by Public Resources Code Section 21081.6 and CEQA Guidelines Section 15097; and, 2. BILL-(for Introduction and Adoption) - Approving Rezone Application No. R-17-021 requesting to rezone the subject property from IL/cz (conditions of zoning) to IL/cz (conditions of zoning). 3. APPROVE Development Permit Application No. D-16-088 (subject to the attached Conditions of Approval dated October 4, 2017). 4. APPROVE Variance Application No. V-17-001. Sponsors: Vice President Brandau and Development and Resource Management Department The above item was removed from the agenda ADJOURNMENT City Council adjourned at 5:13PM City of Fresno ***Subject to Mayoral Veto Page 21