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, October 25, 2018 9:00 AM Council Chambers Special Meeting Present: 7 - President Esmeralda Z. Soria Vice President Steve Brandau Councilmember Oliver L. Baines III Councilmember Paul Caprioglio Councilmember Luis Chavez Councilmember Garry Bredefeld Councilmember Clinton Olivier ID18-1289 Approve a contract and expenditure for printing and mailing a ballot correction notice relating to Measure P. Vice President Brandau presented the item above by providing a timeline of events regarding the ballot language of Measure P. Vice President Brandau explained that the initial resolution contained 41 words and after working with the proponents of Measure P, the resolution was revised to include 74 words. The resolution with the new language was added to the agenda management system on August 6, 2018. When the resolution was submitted to the County they received the incorrect resolution with the 41 words in hard copy, but they were also sent the correct language electronically via email. The County ended up publishing the correct language in the Fresno Bee on August 15, 2018, but used the resolution with the 41 words to print the ballot language. City of Fresno ***Subject to Mayoral Veto Page 1 City Council Meeting Minutes - Final October 25, 2018 The error was discovered on October 10, 2018 by the proponents when they saw the shorter version of the ballot language printed on the ballot. They immediately contacted the City about it. Vice President Brandau explained that there were several opportunities for this error to be caught ranging from the City Clerk's Office, the City Attorney's Office, the County Clerk's Office, the proponents of the measure (who had a 10 day period to review the language), and the City Council. He stated that the reason this item is just now being addressed was to get all of the information. Vice President Brandau also stated that this is an issue for the City Council to address, not the Mayor because the City Clerk and the City Attorney report to the City Council, not the Mayor. After discussion by the City Council and the Mayor, Vice President Brandau made a motion to direct the City Clerk to send the mailer to each voting household in the City of Fresno, providing the correct ballot language for Measure P, conditioned upon the proponents "Yes on P" giving a full release of liability to the City of Fresno. The release of liability will be drawn up by the City Attorney. City Attorney Sloan stated that he spoke to the proponent's attorney and they approved the language in the mailer and agreed to the release of liability. There was more discussion on why the councilmember either supported the motion or did not support the motion. On motion of Vice President Brandau, seconded by Councilmember Baines III, that the above Action Item be approved. The motion carried by the following vote: Aye: 4 - Soria, Brandau, Baines III and Chavez No: 3 - Caprioglio, Bredefeld and Olivier ADJOURN The speical meeting was adjourned at 12:07 p.m. City of Fresno ***Subject to Mayoral Veto Page 2 City Council Meeting Minutes - Final October 25, 2018 The above minutes were approved at the November 8, 2018 meeting with a motion from Councilmember Baines, and a second from Councilmember Chavez, the motion passed on a vote of 6-0 with Councilmember Olivier absent. City of Fresno ***Subject to Mayoral Veto Page 3