Calendar / City Council

City Council

Thu, Aug 21, 2014 · 1:30 PMFinal-revised

Meeting details

Meeting name: City Council
Agenda status: Final-revised
Meeting date/time: Thu, Aug 21, 2014 · 1:30 PM
Minutes status: Final
Location: Council Chambers Regular Session
Published minutes: Minutes
eComment: Not available
Meeting video: Not available

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Agenda 74

- The City Council met in regular session at the hour of 1:30 P.M. in the Council Chamber, City Hall, on the day above written.
- APPROVAL OF THE CONSENT CALENDAROn motion of Councilmember Xiong, seconded by Councilmember Olivier, the CONSENT CALENDAR was hereby adopted by the following vote:
  VoteAye 6Absent 1
  - Blong XiongAye
  - Clinton OlivierAye
  - Lee BrandAye
  - Oliver L. Baines IIIAye
  - Paul CaprioglioAye
  - Sal QuinteroAye
  - Steve BrandauAbsent
  ADOPTED
- 14-277*BILL NO. B-32 - (Intro. 7/31/2014) (For adoption) - Amending the Fresno Municipal Code to add Article 6.5 of Chapter 10, authorizing citizens to file Administrative Complaints for Municipal Code violations involving public nuisances.
  On motion of Acting President Baines, seconded by Councilmember Olivier, the above item was tabled until after the Code Enforcement sub-committee could meet on the issue. The motion carried by the following vote:
  Documents 1
  Ord adding Art 6.5; Ch 10.pdf
  VoteAye 6Absent 1
  - Blong XiongAye
  - Clinton OlivierAye
  - Lee BrandAye
  - Oliver L. Baines IIIAye
  - Paul CaprioglioAye
  - Sal QuinteroAye
  - Steve BrandauAbsent
  TABLED
- The City Council welcomes you to the Council Chambers, located in City Hall, 2nd Floor, 2600 Fresno Street, Fresno CA 93721.
- The agenda and related staff reports are available on (www.fresno.gov) as well as in the Office of the City Clerk. The Council meeting can also be heard live at the same web site address, and viewed live on Comcast Channel 96 and AT&T Channel 99 from 8:30 a.m. and re-played beginning at 8:00 p.m.
- The meeting room is accessible to the physically disabled. If you require special assistance to participate in the meeting, notify the Office of the City Clerk at 559-621-7650 at least three business days prior to the meeting. Please keep the doorways, aisles and wheelchair seating areas open and accessible. If you need assistance with seating because of a disability, contact Security.
- Meeting & participation information
  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.
- 1:37 P.M. ROLL CALL
- Invocation by Kevin Foster of the Life Bridge Community Church
- Pledge of Allegiance to the Flag
- Ceremonial Presentations
- 14-287Presentation of the SPCA Pet of the Month -Councilmember Olivier
  PRESENTED
- Approve City Council Minutes
- 14-302Approval of City Council minutes from July 17, July 24 and July 31, 2014
  On motion of Councilmember Caprioglio, seconded by Councilmember Quintero, the above Minutes were approved as amended. The motion carried by the following vote:
  Documents 3
  Draft Minutes 7-17-2014.pdfDraft Minutes 7-24-2014.pdfDraft Minutes 7-31-2014.pdf
  VoteAye 6Absent 1
  - Blong XiongAye
  - Clinton OlivierAye
  - Lee BrandAye
  - Oliver L. Baines IIIAye
  - Paul CaprioglioAye
  - Sal QuinteroAye
  - Steve BrandauAbsent
  APPROVED
- Approve Successor Agency / Fresno Revitalization Corporation Minutes
- 14-303Approval of Successor Agency minutes from July 31, 2014 and Fresno Revitalization Corporation minutes from June 19 and 26, 2014.
  On motion of Councilmember Caprioglio, seconded by Councilmember Xiong, the above Successor Agency Minutes and Fresno Revitaliztion Corporation Minutes were approved. The motion carried by the following vote:
  Documents 3
  Draft Successor Minutes July 31, 2014.pdfDraft FRC Minutes June 19 2014.pdfDraft FRC Minutes June 26 2014.pdf
  VoteAye 6Absent 1
  - Blong XiongAye
  - Clinton OlivierAye
  - Lee BrandAye
  - Oliver L. Baines IIIAye
  - Paul CaprioglioAye
  - Sal QuinteroAye
  - Steve BrandauAbsent
  APPROVED
- Councilmember Reports and Comments
- Approve AgendaOn motion by Councilmember Quintero, seconded by Councilmember Olivier, the Agenda was approved as amended. The motion carried by the following vote:
  VoteAye 6Absent 1
  - Blong XiongAye
  - Clinton OlivierAye
  - Lee BrandAye
  - Oliver L. Baines IIIAye
  - Paul CaprioglioAye
  - Sal QuinteroAye
  - Steve BrandauAbsent
  ADOPTED AS AMENDED
- 14-123Approve the attached Utility Relocation Agreement with the California High-Speed Rail Authority (CHSRA) (Council Districts 1, 2 & 3)
  The above item was approved on the Consent Calendar.
  Documents 1
  Utility Relocation Coop Agrmt with COF.pdf
  APPROVED
- 14-192Approve agreements with Unison to complete the purchase of a defined easement for the cell site at Fire Station 13
  The above item was approved on the Consent Calendar.
  Documents 2
  Unison Net Profits Agmt.pdfUnison Easement Agmt.pdf
  APPROVED
- 14-219*RESOLUTION - 9th amendment to the Annual Appropriation Resolution No. 2014-95 appropriating $237,600 from the 2014 Byrne Justice Assistance Grant Program award, from the U.S. Department of Justice, Bureau of Justice Assistance (Requires 5 affirmative votes)
  The above item was adopted on the Consent Calendar.
  Documents 1
  15 9th JAG HJF.pdf
  ADOPTED
- 14-223Authorize the Director of Transportation to execute an agreement between the City of Fresno and California State University, Fresno, allowing the university to use its agency-issued identification cards as fare media for access on Fresno Area Express fixed-route buses
  The above item was approved on the Consent Calendar.
  Documents 1
  Agreement btw CSUF COF thru FAX.pdf
  APPROVED
- 14-232RESOLUTION - Dedicating certain City-owned property as easements for public street, pedestrian walkway, utility and landscape purposes at Pump Station No. 349 located at the southwest corner of N. Locan Avenue and E. Andrews Avenue (Council District 4)
  The above item was adopted on the Consent Calendar.
  Documents 3
  Vicinity map.pdfResolution for PS No 349.pdfExhibits A thru H.pdf
  ADOPTED
- 14-233BILL NO. B-35 - (For adoption; introduced August 21, 2014) Amending the uncodified ordinance to adopt changes and additions to the official list of designated special speed zones for various streets within the City of Fresno pursuant to Section 14-1501 of the Fresno Municipal Code (Citywide)
  The above Bill was introduced and laid over on the Consent Calendar.
  Documents 1
  2014 Speed Ordinance_DRAFT.pdf
  INTRODUCED AND LAID OVER
- 14-236Approve the reappointment of Mary Ann Rogozinski to the Civil Service Board; the appointment of Karl Johnson and the reappointments of Timothy D. Lowe and Craig Scharton to the Fresno Housing Authority
  The above appointment was approved on the Consent Calendar.
  Documents 1
  Rogozinski 08 21 14 Reappointment.pdf
  APPROVED
- 14-237*RESOLUTION - Adopting the 11th amendment to the Annual Appropriation Resolution 2014-95 recognizing $10,000 in revenue from developer contributions to form the City of Fresno Community Facilities District No. 15 East Copper River Maintenance District (the eastern half of the Copper River Ranch Development, between Silaxo Lane (private street), East Copper Avenue, North Willow Avenue and North Baird Avenue) (Council District 6) (Requires 5 affirmative votes)
  The above item was adopted on the Conesnt Calendar.
  Documents 3
  CFD No. 15 Location Maps.pdf15 11th CFD 15. SRM.pdfCFD No. 15 Petition.pdf
  ADOPTED
- 14-2381. *Adopt a Side Letter of Agreement on Compensatory Time Off between the City of Fresno (City) and the International Association of Fire Fighters, Local 753 - Unit 5, Non-Management Fire (Fire Basic) 2. *Adopt an Amendment to the Memorandum of Understanding (MOU) between the City of Fresno (City) and the International Association of Fire Fighters, Local 753 - Unit 10 (Fire Management), correcting a clerical error
  The above item was adopted on the Consent Calendar.
  Documents 2
  Amendment to Fire Mgmt MOUCTO Side Letter of Agreement with Fire Basic
  APPROVED
- 14-252* RESOLUTION - 10th amendment to the Annual Appropriation Resolution No. 2014-95 appropriating $25,000 from PG&E for the operation of the Summer Cooling Centers (Requires 5 affirmative votes)
  The above item was adopted on the Consent Calendar.
  Documents 1
  AAR 15 10th PGE HJF
  ADOPTED
- 14-264*RESOLUTION - 7th Amendment to the Annual Appropriation Resolution 2014-95 appropriating $94,000 into the FY 15 budget for the Anti-Human Trafficking Task Force Project from the California Office of Emergency Services (CalOES) (Requires 5 affirmative votes)
  The above item was adopted on the Consent Calendar.
  Documents 1
  ANTI-HUMAN TRAFFICKING EXT
  ADOPTED
- 14-265*RESOLUTION - 8th amendment to the Annual Appropriation Resolution 2014-95 appropriating $42,000 for the Child Sexual Predator Program (CSPP), funding by the US Department of Justice, Office of Community Oriented Policing Services (COPS) (Requires 5 affirmative votes)
  The above item was adopted on the Consent Calendar.
  Documents 1
  CHILD SEXUAL PREDATOR EXT
  ADOPTED
- 14-271Approve an Amendment to the Agreement between the City of Fresno and Avante Behavioral Health Employee Assistance Program
  The above item was approved on the Consent Calendar.
  Documents 2
  Amendment to Expanded EAP AgreementAvante Agreement
  APPROVED
- 14-277*BILL NO. B-32 - (Intro. 7/31/2014) (For adoption) - Amending the Fresno Municipal Code to add Article 6.5 of Chapter 10, authorizing citizens to file Administrative Complaints for Municipal Code violations involving public nuisances.
  Documents 1
  Ord adding Art 6.5; Ch 10.pdf
- 14-283Action Pertaining to Repeal of the Four Year Water Rate Plan 1. * BILL NO. B-34 (Intro 7/31/2014) (For adoption) - Adopting the Ordinance Repealing Resolution No. 2013-143 that adopted the Four Year Water Rate Plan and Resolution No. 2013-144 that amended the Master Fee Schedule adjusting the water rates;
  The above item was adopted on the Consent Calendar.
  Documents 1
  Ordinance.pdf
  ADOPTED
- 14-288Approve the appointment of George Railey, Jr. to the Fresno Regional Workforce Investment Board; and Joe Martinez to the Bicycle and Pedestrian Advisory Committee
  The above appointment was was approved on the Consent Calendar.
  Documents 1
  August 21 2014 applications.pdf
  APPROVED
- 14-298*BILL NO. B-33 (Intro. 7/31/2014) (For adoption) - Amend Sections 1-405, 1-407, 1-408, and 1-409 of the Fresno Municipal Code relating to the Administrative Hearing procedure
  The above item was adopted on the Consent Calendar.
  Documents 1
  65030 Ordinance 071014.pdf
  ADOPTED
- 14-211Actions pertaining to the Fresno Street Pavement Overlay Project from Gettysburg Avenue to Sierra Avenue - Bid File 3339 (Council Districts 4 and 6) 1. Adopt finding of Categorical Exemption per staff determination, pursuant to Section 15301(c) of the CEQA Guidelines, for the Fresno Street Pavement Overlay from Gettysburg Avenue to Sierra Avenue 2. * RESOLUTION - 6th amendment to the Annual Appropriation Resolution No. 2014-95 to appropriate $1,332,600 for construction costs on the Fresno Street Pavement Overlay Project from Gettysburg Avenue to Sierra Avenue Capital Project in FY 2015 (Requires 5 affirmative votes) 3. Award a Construction Contract to AS Dezign Inc., of Fresno, California in the amount of $1,077,551 as the lowest responsive responsible bidder for the Fresno Street Pavement Overlay Project from Gettysburg Avenue to Sierra Avenue
  On motion of Councilmember Caprioglio, seconded by Councilmember Xiong, the above item was adopted. The motion carried by the following vote:
  Documents 4
  14-211 Annual Appropriation Resolution.pdf14-211 Bid Eval.pdf14-211 Vicinity Map.pdf14-211 Findings and Recommendations.pdf
  VoteAye 6Absent 1
  - Blong XiongAye
  - Clinton OlivierAye
  - Lee BrandAye
  - Oliver L. Baines IIIAye
  - Paul CaprioglioAye
  - Sal QuinteroAye
  - Steve BrandauAbsent
  ADOPTED
- 14-221Actions pertaining to the Millbrook Road Diet and Bike Lanes - Shields Avenue to Gettysburg Avenue Project Bid File 3290 (Council Districts 4 and 7) 1. Adopt finding of a Categorical Exemption pursuant to Class 1 Section 15301(c) (Existing Facilities) of the CEQA Guidelines for the Millbrook Road Diet and Bike Lanes - Shields Avenue to Gettysburg Avenue 2. Award a construction contract with Seal Rite Paving and Grading of Fresno, California in the amount of $350,568 for the Millbrook Road Diet and Bike Lanes - Shields Avenue to Gettysburg Avenue Project
  On motion of Councilmember Caprioglio, seconded by Councilmember Xiong, the above item was approved. The motion carried by the following vote:
  Documents 2
  14-221 Bid Eval Fiscal Impact14-221 Vicinity Map
  VoteAye 5No 1Absent 1
  - Blong XiongAye
  - Clinton OlivierNo
  - Lee BrandAye
  - Oliver L. Baines IIIAye
  - Paul CaprioglioAye
  - Sal QuinteroAye
  - Steve BrandauAbsent
  APPROVED
- 14-231RESOLUTION - To submit Grant Applications for up to $1,300,000 to Fresno Council of Governments Regional Competitive Active Transportation Program (RCATP) and authorizing the execution of documents by the Public Works Director or Designee
  On motion of Councilmember Xiong, seconded by Councilmember Quintero, the above item was adopted. The motion carried by the following vote:
  Documents 2
  ATP Resolution.pdfATP Vicinity Map.pdf
  VoteAye 6Absent 1
  - Blong XiongAye
  - Clinton OlivierAye
  - Lee BrandAye
  - Oliver L. Baines IIIAye
  - Paul CaprioglioAye
  - Sal QuinteroAye
  - Steve BrandauAbsent
  ADOPTED
- 14-247Implementation of Fire Department Self-Inspection Program and Fire Inspection Policy Change Recommendations 1. * RESOLUTION - 1st amendment to the Position Authorization Resolution No. 2014-96 adding two (2) Fire Inspector positions to the Fire Department and two (2) Fire Inspector positions to the Development and Resource Management Department
  On motion of Councilmember Brand, seconded by Councilmember Olivier, the above item was continued to August 28, 2014. The motion carried by the following vote:
  Documents 3
  Projected Inspections and Appointments in FY15.pdfSIP Program Packet.pdfFirst Position Authorization Resolution.pdf
  VoteAye 6Absent 1
  - Blong XiongAye
  - Clinton OlivierAye
  - Lee BrandAye
  - Oliver L. Baines IIIAye
  - Paul CaprioglioAye
  - Sal QuinteroAye
  - Steve BrandauAbsent
  CONTINUED AS NOTED
- 14-254Approve Second Amendment to Agreement with Carollo Engineers, Inc., for the Design of the City of Fresno’s 80-Million Gallon Per Day Southeast Surface Water Treatment Facility and Raw Water Diversion and Conveyance Pipeline and Authorize the Director of Public Utilities or his designee to sign the Amendment on behalf of the City of Fresno (City)
  On motion of Councilmember Brand, seconded by Councilmember Xiong, the above item was approved. The motion carried by the following vote:
  Documents 4
  Second Amendment - Carollo.pdf2nd Amend_Addnl Site Design_EXHIBIT A-2T_ 8-11-14_ 10amFINAL.pdf2ndAmend_KRP_Exhibit A-2P_08_11_14_911amFINAL.pdfSecond Amendment Exhibit B_8_11_14_1003amFINAL.pdf
  VoteAye 6Absent 1
  - Blong XiongAye
  - Clinton OlivierAye
  - Lee BrandAye
  - Oliver L. Baines IIIAye
  - Paul CaprioglioAye
  - Sal QuinteroAye
  - Steve BrandauAbsent
  APPROVED
- 14-267Action pertaining to an Annual Appropriation Resolution for the High Speed Rail Station Area Master Plan 1. * RESOLUTION- 3rd amendment to the Annual Appropriation Resolution (AAR) No. 2014-95 appropriating $1,020,000 for High Speed Rail Station Master Plan consulting services and miscellaneous City expenses (Requires 5 affirmative votes)
  Acting President Baines motioned to approve the above item and received a second from Councilmember Xiong. The motion FAILED by the following vote:
  Documents 2
  Resolution[1].pdfHSR Station Area Master Plan CC report.pdf
  VoteAye 3No 3Absent 1
  - Blong XiongAye
  - Clinton OlivierNo
  - Lee BrandNo
  - Oliver L. Baines IIIAye
  - Paul CaprioglioNo
  - Sal QuinteroAye
  - Steve BrandauAbsent
  REJECTED
- 14-268BILL - (For introduction) - Consider repealing Section 12-328 of the Fresno Municipal Code and adding Article 22 of Chapter 12 to the Fresno Municipal Code relating to outdoor dining
  On motion of Councilmember Caprioglio, seconded by Councilmember Olivier, the above item was adopted. The motion carried by the following vote:
  Documents 2
  City Council Staff Report of March 6, 2014.pdf65250elb KBD - Outdoor Dining Ordinance Final 8 7 14-msedits.docx
  VoteAye 6Absent 1
  - Blong XiongAye
  - Clinton OlivierAye
  - Lee BrandAye
  - Oliver L. Baines IIIAye
  - Paul CaprioglioAye
  - Sal QuinteroAye
  - Steve BrandauAbsent
  ADOPTED
- 14-234BILL (For introduction) - Adding Article 6 of Chapter 5 to the Fresno Municipal Code prohibiting controlled substance use on City property.
  Documents 1
  Ordinance.pdf
  CONTINUED
- 2:00 P.M. HEARING
- 14-226HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding City of Fresno Community Facilities District No. 11, Annexation No. 54 (Final Tract Map No. 6073) (north side of East Church Avenue between South Chestnut and Peach Avenues) (Council District 5) 1. RESOLUTION - Annexing Territory to Community Facilities District No. 11 and Authorizing the Levy of a Special Tax 2. RESOLUTION - Calling Special Mailed-Ballot Election 3. RESOLUTION - Declaring Election Results 4. * BILL - (For introduction and adoption) - Levying a Special Tax for the Property Tax Year 2014-2015 and Future Tax Years Within and Relating to Community Facilities District No. 11, Annexation No. 54, Final Tract Map No. 6073
  On motion of Councilmember Quintero, seconded by Councilmember Brand, the above item was adopted. The motion carried by the following vote:
  Documents 6
  T6073 Annex54 Location Map.pdfT6073 Annex54 Feature.pdfT6073 Annex54 HRG Annex-Levy Reso.pdfT6073 Annex54 HRG Call Election Reso.pdfT6073 Annex54 HRG Election Results Reso.pdfT6073 Annex54 HRG Ordinance.pdf
  VoteAye 6Absent 1
  - Blong XiongAye
  - Clinton OlivierAye
  - Lee BrandAye
  - Oliver L. Baines IIIAye
  - Paul CaprioglioAye
  - Sal QuinteroAye
  - Steve BrandauAbsent
  ADOPTED
- 2:30 P.M. SCHEDULED COMMUNICATION
- 14-300Appearance by Sandra Celedon-Castro to discuss Building Healthy Communities
  PRESENTED
- 4:00 P.M. WORKSHOP
- 14-162WORKSHOP regarding R-1 (Single Family Residential) property development standards
  PRESENTED
- PLEASE NOTE: UNSCHEDULED COMMUNICATIONS IS NOT SCHEDULED FOR A SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING
- ADJOURNMENT

Agenda summary

8Sections

61Items

General3
CLOSED SESSION CONTINUED19
CONSENT CALENDAR17
GENERAL ADMINISTRATION7
CITY COUNCIL1
CLOSED SESSION6
SCHEDULED COUNCIL HEARINGS AND MATTERS7
UNSCHEDULED COMMUNICATION1

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