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, Paul Caprioglio, Luis Chavez, Garry Bredefeld, Clinton J. Olivier City Manager - Wilma Quan-Schecter City Attorney - Douglas T. Sloan City Clerk - Yvonne Spence, MMC Thursday, February 15, 2018 9:00 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. 9:05 A.M. ROLL CALL Present: 6 - President Esmeralda Z. Soria Vice President Steve Brandau Councilmember Paul Caprioglio Councilmember Luis Chavez Councilmember Garry Bredefeld Councilmember Clinton Olivier Absent: 1 - Councilmember Oliver L. Baines III Invocation by Senior Pastor Will Stoll of the Northwest Church. Pledge of Allegiance to the Flag APPROVE AGENDA City Clerk Spence announced the following changes to the agenda: File ID 18-0169 #2 Staff Report should read Quigley and Jaswant Singh Khalra Park and File ID 18-0251 (3-B) continued to March 1, 2018 per staff. On motion of Councilmember Caprioglio, seconded by Councilmember Chavez, the above item was adopted as amended. The motion carried by the following vote: City of Fresno ***Subject to Mayoral Veto Page 1 City Council Meeting Minutes - Final February 15, 2018 Aye: 6 - Soria, Brandau, Caprioglio, Chavez, Bredefeld and Olivier Absent: 1 - Baines III 1. CONSENT CALENDAR On motion of Councilmember Caprioglio, seconded by Councilmember Chavez, the CONSENT CALENDAR below was approved. The motion carried by the following vote: Aye: 6 - Soria, Brandau, Caprioglio, Chavez, Bredefeld and Olivier Absent: 1 - Baines III 1-A ID18-0201 Actions pertaining to the Crisis Intervention Team services: 1. Authorize the Chief of Police to enter into an agreement with the County of Fresno Department of Behavioral Health to augment current capabilities of the Crisis Intervention Team (CIT) for co-location and co-response services for mental health related calls for service for individuals in crisis. This agreement will provide funding to the Fresno Police Department for Crisis Intervention Team (CIT) services within the City of Fresno. 2. ***RESOLUTION - 54th amendment to the Annual Appropriation Resolution (AAR) No. 2017-165 appropriating $247,600 for the Police Department’s Crisis Intervention Team. (Requires 5 affirmative votes) (Subject to Mayoral veto) Sponsors: Police Department The above item was pulled from Consent Calendar and moved to Contested Consent by Councilmember Bredefeld for further discussion. 1-B ID18-0130 Authorize the Director of the Development and Resource Management Department to execute a Contract Work Authorization Agreement between the City of Fresno and Pacific Gas and Electric Company Sponsors: Development and Resource Management Department The above item was pulled from Consent Calendar and moved to Contested Consent by Councilmember Bredefeld for further discussion. 1-C ID18-0223 ***RESOLUTION - Authorize Development and Resource Management Department (DARM) to Initiate Historic City of Fresno ***Subject to Mayoral Veto Page 2 City Council Meeting Minutes - Final February 15, 2018 Preservation Mitigation Program (Subject to Mayor’s veto) Sponsors: Development and Resource Management Department RESOLUTION 2018-38 ADOPTED 1-D ID18-0176 Actions pertaining to the Street Lighting Improvements at Bulldog Lane and Millbrook Avenue - Bid File 3589 (Council District 4): 1. Adopt a finding of Categorical Exemption per staff determination, pursuant to Section 15301(c) of the California Environmental Quality Act Guidelines (CEQA) 2. Award a Construction Contract with Madco Electric Inc., of Selma, California, in the amount of $141,500 and authorize the Public Works Director or designee to sign a contract on behalf of the City Sponsors: Public Works Department 1-E ID18-0202 RESOLUTION - Authorizing the Submission of Grant Applications to the California Department of Transportation for the 2018-19 Sustainable Transportation Planning Grant Program Call for Projects and Authorizing the Execution of Documents by the Public Works Director or Designee (Citywide) Sponsors: Public Works Department RESOLUTION 2018-39 ADOPTED 1-F ID18-0218 RESOLUTION - Authorizing the Submission of Grant Applications to the Fresno Council of Governments for the 2018 Measure C Transit Oriented Infrastructure for In-Fill Development Grant Program Call for Projects and Authorizing the Execution of Documents by the Public Works Director or Designee (Council Districts 1 and 3) Sponsors: Public Works Department The above item was pulled from Consent Calendar and moved to Contested Consent by Council President Soria for further discussion. 1-G ID18-0233 Actions pertaining to the West Side of Hughes Avenue Reconstruction at Floradora Avenue - Bid File 3584 (Council District 3) 1. Adopt a finding of Categorical Exemption per staff City of Fresno ***Subject to Mayoral Veto Page 3 City Council Meeting Minutes - Final February 15, 2018 determination, pursuant to Section 15301(c) 1 of the California Environmental Quality Act Guidelines (CEQA) 2. Award a Construction Contract with Witbro Inc., dba Seal Rite Paving and Grading in the amount of $277,547 Sponsors: Public Works Department 1-H ID18-0169 Actions pertaining to an Agreement with Social Vocational Services, Inc. (SVS) 1. Approve the First Amendment to Agreement with Social Vocational Services, Inc. (SVS) in the amount of $18,600.00 a year to provide monthly landscape maintenance services along four City of Fresno trails located throughout the City. 2. Approve the First Amendment to Agreement with Social Vocational Services, Inc. in the amount of $18,600.00 a year to provide custodial services at two City of Fresno parks, Quigley and Jaswant Singh Khalra. 3. Approve the First Amendment to Agreement with Social Vocational Services, Inc. in the amount of $18,600.00 a year to provide Daily FAX Transit Bus Cleaning at the FAX Maintenance Facility. 4. Approve the First Amendment to Agreement with Social Vocational Services, Inc. in the amount of $18,600.00 a year to provide Daily Fleet Management Building/Wash Bay Cleaning located at the Municipal Service Center. Sponsors: Public Works Department, Parks, After School, Recreation and Community Services Department and Department of Transportation The above item was pulled from Consent Calendar and moved to Contested Consent by Councilmember Brandau for further discussion. 1-I ID18-0196 Approve the Second Amendment to the City’s service contract with ShotSpotter, Inc., to expand ShotSpotter Flex coverage by 2.26 square miles for three years, for the amount of $440,700 Sponsors: Department of Transportation The above item was pulled from Consent Calendar and moved to Contested Consent by Councilmember Bredefeld for further discussion. 1-J ID18-0197 Approve Sixth Amendment to the Professional Engineering City of Fresno ***Subject to Mayoral Veto Page 4 City Council Meeting Minutes - Final February 15, 2018 Consulting Services Agreement with Carollo Engineers, Inc., in the amount of $76,500 to provide additional design services for the City of Fresno’s Kings River Pipeline project (Council District 5 & Fresno County) Sponsors: Department of Public Utilities 1-K ID18-0209 Approve a consultant services contract in the amount of $156,998 with Carollo Engineers, Inc., to design the expansion of a carbon dioxide injection system at the Northeast Surface Water Treatment Facility (Council District 6) Sponsors: Department of Public Utilities 1-L ID18-0252 Approve the reappointment of Steven Bedrosian to the Fresno Housing Authority Board Sponsors: Mayor's Office CEREMONIAL PRESENTATIONS ID18-0240 Presentation of the SPCA Pet of the Month Sponsors: City Councilmember Bredefeld PRESENTED ID18-0155 Proclamation to the “Mediterranean Grill and Café” Sponsors: City Councilmember Baines III and City Councilmember Olivier PRESENTED ID18-0208 Proclamation of “Samantha Krikorian Day” Sponsors: City Councilmember Bredefeld PRESENTED ID18-0246 Proclamation of “Rare Disease Day” Sponsors: Council President Soria PRESENTED ID18-0247 Proclamation honoring United Way of Fresno and Madera Counties City of Fresno ***Subject to Mayoral Veto Page 5 City Council Meeting Minutes - Final February 15, 2018 Sponsors: City Councilmember Chavez PRESENTED APPROVE MINUTES 18-0019 Approval of minutes from February 8, 2018. Approval of the corrected minutes for December 7, 2017 File ID 17- 1561 Successor Agency, adding Resolution No. SA 39 and January 11, 2018 File ID 18-0095-Successor Agency, adding Resolution No. SA 40. Sponsors: City Clerk's Office On motion of Councilmember Caprioglio, seconded by Councilmember Chavez, that the above Minutes be approved. The motion carried by the following vote: Aye: 5 - Soria, Brandau, Caprioglio, Chavez and Bredefeld Absent: 2 - Baines III and Olivier COUNCILMEMBER REPORTS AND COMMENTS Councilmember Caprioglio thanked the PARCs Department, Fresno Unified and the Administration for adding more green space at Vinland Park and stated the kick off of the recreation and fitness program was a great turn out; he thanked the Fresno Police Officers Association (FPOA) for providing lunch to that event; Congratulated Jim Pardini for the 2018 Leon S. Peter Award, Scott Miller and Natalie Clark received a Community Champion of the year award for Gazabo Gardens, Harold Zinkin Entrepreneur of the year award for Producers Dairy and Daniel Malcolm Student Entrepreneur of the year award for Sparkle Ties. Councilmember Caprioglio handed out Valentines cards at the Veteran's Hospital, completed the Project of Love memorial at the Irwin O. Addicott Elementary School and requested a moment of silence for those victims at the Marjory Stoneman Douglas High School in Parkland, Florida and asked that the meeting be adjourned in their memory. Council President Soria spoke regarding the Tower District Mardi Gras Parade, thanked the Fresno Police Department for their participation, congratulated Jim Pardini and Gazabo Gardens for their achievements, City of Fresno ***Subject to Mayoral Veto Page 6 City Council Meeting Minutes - Final February 15, 2018 reminded the community of the Woman of the Year award that is due March 1, 2018 and gave a shout out to the Fresno Bee for recognizing FAX Bus driver Socorro Pelayo for her intervention and heroism on February 13, 2018. Councilmember Bredefeld also acknowledged Socorro Pelayo for her heroism and thanked Del Estabrooke and Jessica Hernandez with Code Enforcement for being responsive to District 6 and the community needs. CONTESTED CONSENT CALENDAR 1-A ID18-0201 Actions pertaining to the Crisis Intervention Team services: 1. Authorize the Chief of Police to enter into an agreement with the County of Fresno Department of Behavioral Health to augment current capabilities of the Crisis Intervention Team (CIT) for co-location and co-response services for mental health related calls for service for individuals in crisis. This agreement will provide funding to the Fresno Police Department for Crisis Intervention Team (CIT) services within the City of Fresno. 2. ***RESOLUTION - 54th amendment to the Annual Appropriation Resolution (AAR) No. 2017-165 appropriating $247,600 for the Police Department’s Crisis Intervention Team. (Requires 5 affirmative votes) (Subject to Mayoral veto) Sponsors: Police Department The above item was introduced to Council by Chief Dyer, Fresno Police Department. Councilmember Bredefeld asked staff to talk a little bit about the program and why the sergeant and four police officers will not be in uniform. Councilmember Chavez asked staff if it's the same group of individuals who are repeated offenders, which individuals have housing and what would be the link for those who are homeless to have housing. Upon call, there was no public comment. RESOLUTION 2018-40 ADOPTED On motion of Councilmember Bredefeld, seconded by City of Fresno ***Subject to Mayoral Veto Page 7 City Council Meeting Minutes - Final February 15, 2018 Councilmember Chavez, that the above Resolution be adopted. The motion carried by the following vote: Aye: 6 - Soria, Brandau, Caprioglio, Chavez, Bredefeld and Olivier Absent: 1 - Baines III 1-B ID18-0130 Authorize the Director of the Development and Resource Management Department to execute a Contract Work Authorization Agreement between the City of Fresno and Pacific Gas and Electric Company Sponsors: Development and Resource Management Department Councilmember Caprioglio left the meeting at 9:52AM The above item was introduced to Council by Division Manager Gonzalez, DARM Department. Councilmember Bredefeld asked staff to explain the program, reduction in services and the assessment process. Upon call, there was no public comment. APPROVED. On motion of Councilmember Bredefeld, seconded by Councilmember Chavez, that the above Action Item be approved. The motion carried by the following vote: Aye: 5 - Soria, Brandau, Chavez, Bredefeld and Olivier Absent: 2 - Baines III and Caprioglio Councilmember Caprioglio returned to the meeting at 9:55AM 1-F ID18-0218 RESOLUTION - Authorizing the Submission of Grant Applications to the Fresno Council of Governments for the 2018 Measure C Transit Oriented Infrastructure for In-Fill Development Grant Program Call for Projects and Authorizing the Execution of Documents by the Public Works Director or Designee (Council Districts 1 and 3) Sponsors: Public Works Department City of Fresno ***Subject to Mayoral Veto Page 8 City Council Meeting Minutes - Final February 15, 2018 The above item was introduced to Council by Director Mozier, Public Works Department. Council President Soria asked staff for clarification and what is included for the application process for this round. Director Mozier clarified only Blackstone and McKinley projects will be authorized. Council President Soria asked if that can be included in the staff report. Upon call, there was no public comment. RESOLUTION 2018-41 ADOPTED. On motion of Council President Soria, seconded by Councilmember Chavez, that the above Resoluiton be adopted. The motion carried by the following vote: Aye: 6 - Soria, Brandau, Caprioglio, Chavez, Bredefeld and Olivier Absent: 1 - Baines III 1-H ID18-0169 Actions pertaining to an Agreement with Social Vocational Services, Inc. (SVS) 1. Approve the First Amendment to Agreement with Social Vocational Services, Inc. (SVS) in the amount of $18,600.00 a year to provide monthly landscape maintenance services along four City of Fresno trails located throughout the City. 2. Approve the First Amendment to Agreement with Social Vocational Services, Inc. in the amount of $18,600.00 a year to provide custodial services at two City of Fresno parks, Quigley and Jaswant Singh Khalra. 3. Approve the First Amendment to Agreement with Social Vocational Services, Inc. in the amount of $18,600.00 a year to provide Daily FAX Transit Bus Cleaning at the FAX Maintenance Facility. 4. Approve the First Amendment to Agreement with Social Vocational Services, Inc. in the amount of $18,600.00 a year to provide Daily Fleet Management Building/Wash Bay Cleaning located at the Municipal Service Center. Sponsors: Public Works Department, Parks, After School, Recreation and Community Services Department and Department of City of Fresno ***Subject to Mayoral Veto Page 9 City Council Meeting Minutes - Final February 15, 2018 Transportation Councilmember Olivier left the meeting at 9:59AM. The above item was introduced to Council by Public Works Manager Aguirre, Public Works Department. Council Vice President Brandau asked staff if this agreement can be expanded to include other City amenities such as parks and CSD's. Council President Soria suggested looking into a program where we put some homeless to work to help clean up some areas. Upon call, there was no public comment. APPROVED On motion of Vice President Brandau, seconded by Councilmember Caprioglio, that the above Action Item be approved. The motion carried by the following vote: Aye: 5 - Soria, Brandau, Caprioglio, Chavez and Bredefeld Absent: 2 - Baines III and Olivier Councilmember Olivier returned to the meeting at 10:02AM 1-I ID18-0196 Approve the Second Amendment to the City’s service contract with ShotSpotter, Inc., to expand ShotSpotter Flex coverage by 2.26 square miles for three years, for the amount of $440,700 Sponsors: Department of Transportation The above item was introduced to Council by Director Schaad, Transportation Department. Councilmember Bredefeld asked staff how many miles do we have since using ShotSpotter, what is the benefits of expanding ShotSpotter and has ShotSpotter helped with the recent shootings. Councilmember Chavez asked staff if ShotSpotter can tell you what kind of caliber of the weapon that is being used and can the system be upgraded to City of Fresno ***Subject to Mayoral Veto Page 10 City Council Meeting Minutes - Final February 15, 2018 include cameras. Upon call, there was no public comment. APPROVED. On motion of Councilmember Bredefeld, seconded by Councilmember Chavez, that the above Action Item be approved. The motion carried by the following vote: Aye: 6 - Soria, Brandau, Caprioglio, Chavez, Bredefeld and Olivier Absent: 1 - Baines III 2. SCHEDULED COUNCIL HEARINGS AND MATTERS 10:10 A.M. ID18-0183 HEARING to Consider Plan Amendment Application No. A-17-011, Rezone Application No. R-17-016, Development Permit Application No. D-17-128, and related Environmental Assessment No. A-17-011/R-17-016/D-17-128, filed by Terra Mortensen of Galloway & Company, Inc. These applications pertain to approximately 1.38 acres of property located on the northeast corner of North Glenn and West Nees Avenues. (Council District 2 - Brandau) a. Adopt the Mitigated Negative Declaration prepared for Environmental Assessment No. A-17-011/R-17-016/D-17-128 dated December 1, 2017. b. RESOLUTION - Approving Plan Amendment Application No. A-17-011 proposing to amend the planned land use designation of the Fresno General Plan and Bullard Community Plan from Community Commercial to the Business Park land use designation. c. BILL - (For introduction and adoption) - Approving Rezone Application No. R-17-016 to reclassify the subject property from the CC/UGM/cz (Community Commercial/Urban Growth Management/conditions of zoning) to BP/UGM (Business Park/Urban Growth Management) zone district. d. Approve Development Permit Application No. D-17-128 requesting authorization to construct an 11,878-square-foot tire center under the use classification Automobile/Vehicle Repairs, City of Fresno ***Subject to Mayoral Veto Page 11 City Council Meeting Minutes - Final February 15, 2018 Major on the subject property. Sponsors: Development and Resource Management Department The above item was called to order at 10:11 AM The item was introduced to Council by Planner III Lerwill, DARM Department. Council Vice President Brandau asked staff if there was any debate on the Planning Commission for this item and if the project needed to be modified. Council Vice President Brandau asked Applicant Mortinson, to work with staff to make sure there is a robust landscape buffer. Upon call, there was no public comment. RESOLUTION 2018-42 ADOPTED. BILL B-7 AND ORDINANCE 2018-9 ADOPTED. On motion of Council Vice President Brandau, seconded by Councilmember Olivier, that the above Action Item be adopted. The motion carried by the following vote: Aye: 6 - Soria, Brandau, Caprioglio, Chavez, Bredefeld and Olivier Absent: 1 - Baines III 3. GENERAL ADMINISTRATION 3-A ID18-0210 Actions pertaining to Water Main Replacement and Service Transfer in the Sierra Sky Park Neighborhood - Bid File No. 3573 (Council District 2 and County) 1. Adopt a finding of Class 2, Class 3 and Class 4, Categorical Exemptions, pursuant to sections 15302, 15303 and 15304, of the CEQA guidelines, for the Water Main Replacement and Service Transfer project in the Sierra Sky Park Neighborhood 2. Award a construction contract to Dawson-Mauldin Construction, Inc., in the amount of $2,137,962 for Water Main Replacement and Service Transfer in the Sierra Sky Park Neighborhood 3. Authorize the Director of Public Utilities or designee to sign the contract on behalf of the City City of Fresno ***Subject to Mayoral Veto Page 12 City Council Meeting Minutes - Final February 15, 2018 Sponsors: Department of Public Utilities Councilmember Chavez left the meeting at 10:14AM. The above item was introduced to Council by Planning Manager Carbajal, Public Utilities Department. Upon call, there was no public comment. APPROVED. On motion of Council Vice President Brandau, seconded by Councilmember Caprioglio, that the above Action Item be approved. The motion carried by the following vote: Aye: 5 - Soria, Brandau, Caprioglio, Bredefeld and Olivier Absent: 2 - Baines III and Chavez Councilmember Chavez returned to the meeting at 10:15AM. 3-B ID18-0251 Actions Pertaining to the FY 2018 Budget Update for the General Fund. 1. ***RESOLUTION - 47th amendment to the Annual Appropriation Resolution (AAR) No. 2017-165 to appropriate $8,094,300 for operating programs and capital improvement projects citywide (Requires 5 affirmative votes) (Subject to Mayor’s veto) 2. ***RESOLUTION - 3rd amendment to the Position Authorization Resolution (PAR) No. 2017-166 Entitled “A Resolution of the Council of the City Of Fresno establishing the number of positions authorized in the various departments and offices of the City for Fiscal Year 2018,” to add one position to the Mayor and City Manager’s Office and one position to the Parks, After School, Recreation and Community Services Department. (Subject to Mayor’s veto) Sponsors: City Manager's Office THE ABOVE ITEM WAS CONTINUED TO MARCH 1, 2018. 3-C ID18-0274 ***BILL NO. B-6 - (Intro. 2/8/2018) (For adoption) - Amending City of Fresno ***Subject to Mayoral Veto Page 13 City Council Meeting Minutes - Final February 15, 2018 Sections 5-302, 5-303, 5-304, 5-305, 5-307, 5-308, and adding Sections 5-309 and 5-310 to Article 3 of Chapter 5 of the Fresno Municipal Code, relating to fare evasion and enforcement (Subject to Mayor’s veto) Sponsors: Department of Transportation The above item was introduced to Council by Director Schaad, Transportation Department. Upon all, there was no public comment. Council President Brandau motioned to approve the item as presented. Councilmember Caprioglio seconded the motion. Motion Passed 6-0, Councilmember Baines Absent. After item 4A was conducted Councilmember Bredefeld asked if item 3-C could be reconsidered. Councilmember Bredefeld stated he wants to register his vote as a no vote. Councilmember Bredefeld motioned to reconsider the main motion. Councilmember Chavez seconded the motion. Motion Passed 6-0, Councilmember Baines Absent. ORDINANCE 2018-10 ADOPTED. On motion of Council Vice President Brandau, seconded by Councilmember Caprioglio, that the above Ordinance be adopted. The motion carried by the following vote: Aye: 5 - Soria, Brandau, Caprioglio, Chavez and Olivier No: 1 - Bredefeld Absent: 1 - Baines III 4. CITY COUNCIL 4-A ID18-0253 Legal Workshop Sponsors: City Attorney's Office The above item was presented to Council by City Attorney Sloan, City Attorney's Office. City of Fresno ***Subject to Mayoral Veto Page 14 City Council Meeting Minutes - Final February 15, 2018 City Council recessed to Closed Session at 11:01AM 5. CLOSED SESSION City Council returned from Closed Session at 11:56AM There was no announcements after Closed Session. 5-A ID18-0212 CONFERENCE WITH LABOR NEGOTIATOR - Government Code Section 54957.6 City Negotiator(s): Jeffrey Cardell, Ken Phillips Employee Organizations: 1. Fresno City Employees Association (FCEA) 2. International Association of Firefighters, Local 753, Unit 5 (Fire Basic) 3. Amalgamated Transit Union, Local 1027 (ATU) 4. International Association of Firefighters, Local 753, Unit 10 (Fire Management) 5. City of Fresno Professional Employees Association (CFPEA) 6. Operating Engineers, Local Union No. 3, Fresno Airport Public Safety Supervisors (FAPSS) Sponsors: Personnel Services Department DISCUSSED 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 ADJOURNMENT City Council ajourned in memory of the victims of Marjory Stoneman Douglas High School in Parkland, Florida. City of Fresno ***Subject to Mayoral Veto Page 15 City Council Meeting Minutes - Final February 15, 2018 City of Fresno ***Subject to Mayoral Veto Page 16