Calendar / City Council

City Council

Thu, Jul 17, 2014 · 8:30 AMFinal-revised

Meeting details

Meeting name: City Council
Agenda status: Final-revised
Meeting date/time: Thu, Jul 17, 2014 · 8:30 AM
Minutes status: Final
Location: Council Chambers Regular Session
Published minutes: Minutes
eComment: Not available
Meeting video: Not available

Join on ZoomWatch live on YouTube

Agenda 56

- Vote on 9:30 A.M. part "b"On motion of Councilmember Brand, seconded by Acting President Baines, part "b(1)" referring the proposed initative measure to staff for a report pursuant to Election Code Section 9212 was adopted as amended so the report would be completed by July 31, 2014. The motion carried by the following vote:
  VoteAye 6No 1
  - Blong XiongAye
  - Clinton OlivierAye
  - Lee BrandAye
  - Oliver L. Baines IIIAye
  - Paul CaprioglioAye
  - Sal QuinteroNo
  - Steve BrandauAye
  ADOPTED AS AMENDED
- APPROVAL OF THE CONSENT CALENDAROn motion of Councilmember Caprioglio, seconded by Acting President Baines, the CONSENT CALENDAR was adopted by the following vote:
  VoteAye 6Absent 1
  - Blong XiongAye
  - Clinton OlivierAbsent
  - Lee BrandAye
  - Oliver L. Baines IIIAye
  - Paul CaprioglioAye
  - Sal QuinteroAye
  - Steve BrandauAye
  ADOPTED
- RECESSED 12:33 P.M. to 1:43 P.M.
- RECESSED 10:57 A.M. to 11:10 A.M.
- The City Council met in regular session at the hour of 8:30 A.M. in the Council Chamber, City Hall, on the day above written.
- 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.
- 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.
- 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.
- 8:43 A.M. ROLL CALL
- Invocation by Henry Pauls of the Central Community Church
- Pledge of Allegiance to the Flag
- Ceremonial Presentations:
- 14-149Presentation of the SPCA Pet of the Month - Councilmember Brand
  PRESENTED
- 14-141Cooling Centers: PG&E check presentation
  PRESENTED
- 14-164Presentation of a Certificate of Recognition to Xavier Richards - Councilmember Baines Presentation of a Certificate of Recognition to Ruby Herr - Councilmember Xiong Presentation of a Certificate of Recognition to Justin Grenier - Councilmember Caprioglio
  PRESENTED
- 14-144Proclamation of “ THE TERRACES AT SAN JOAQUIN GARDENS DAY”
  PRESENTED
- Approve Council minutes of June 19 and 26, 2014
- Approve Successor Agency minutes of June 26, 2014
- Councilmember Reports and Comments
- Approve AgendaOn motion of Councilmember Xiong, seconded by Councilmember Caprioglio, the AGENDA was approved as amended. The motion carried by the following vote:
  VoteAye 6Absent 1
  - Blong XiongAye
  - Clinton OlivierAbsent
  - Lee BrandAye
  - Oliver L. Baines IIIAye
  - Paul CaprioglioAye
  - Sal QuinteroAye
  - Steve BrandauAye
  APPROVED
- 14-066RESOLUTION - Of Intention to annex Final Tract Map No. 6073, Annexation No. 54, to the City of Fresno Community Facilities District No. 11 (north side of East Church Avenue between South Chestnut and Peach Avenues) (Council District 5)
  The above item was approved on the Consent Calendar.
  Documents 7
  T6073 Annex54 Location Map.pdfT6073 Annex54 Feature.pdfT6073 Annex54 ROI Reso.docxT6073 Annex54 ROI Exhibit A.pdfT6073 Annex54 ROI Exhibit B.pdfT6073 Annex54 ROI Exhibit C Descrip Services.docxT6073 Annex54 ROI Exhibit D RMA.docx
  ADOPTED
- 14-082*BILL NO. B-29 (Intro. June 26, 2014) (For Adoption) Amending Section 1204.508-E of the Fresno Municipal Code regarding Urban Growth Management development restrictions on the running distance between commercial and industrial developments and an operating City fire station. (Citywide Application) - Development and Resource Management Department and Fresno Fire Department
  The above item was approved on the Consent Calendar.
  Documents 1
  Ordinance.pdf
  ADOPTED
- 14-100Actions pertaining to a lease agreement for the office space located at 5051-5059 E. McKinley (Council District 4) - Police Department 1. Adopt a finding of Categorical Exemption pursuant to Article 19, Section 15301/Class 1 (existing facilities) of the California Environmental Quality Act (“CEQA”) Guidelines for the continued lease of office spaces located at 5051-5059 E. McKinley 2. Authorize the Chief of Police to execute a five-year lease agreement with HR, LLC, a California limited liability company, to lease property for Special Investigation Bureau offices located at 5051-5059 E. McKinley
  The above item was approved on the Consent Calendar.
  Documents 1
  SIB Lease 2014 -2019(final).pdf
  APPROVED
- 14-113Approve the First Amendment to the Services Agreement between the City of Fresno and Community Media Access Collaborative (CMAC) to increase video production service hours in the amount of $27,000 annually
  The above item was approved on the Consent Calendar.
  Documents 2
  CMAC First Amendment to Service Agreement\.pdfCMAC Service Agreement.pdf
  APPROVED
- 14-117RESOLUTION - Approving the Final Map of Tract No. 6004 and accepting dedicated public uses offered therein - southeast corner of North Maple Avenue and East Copper Avenue (Council District 6)
  The above item was approved on the Consent Calendar.
  Documents 2
  Resolution - Tract 6004.pdfFinal Map of Tract 6004.pdf
  ADOPTED
- 14-124Actions pertaining to a lease agreement for hangar facility and ramp space at Fresno Chandler Executive Airport (FCH) (Council District 3) - Airports Department 1. Adopt a finding of Categorical Exemption pursuant to Article 19, Section 15301(a) and (d)/Class (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines to authorize Lease with William Newburn dba Pacific Coast Aero Marine Repair at FCH 2. Approve a lease between the City and William Newburn dba Pacific Coast Aero Marine Repair
  The above item was approved on the Consent Calendar.
  Documents 2
  7-17-14_Pac Coast Aero Marine_SitePlan_Attachmt7-17-14_Pac Coast Aero Marine_Lease_Attachmt
  APPROVED
- 14-136Actions pertaining to grant funding from the State of California Alcoholic Beverage Control (“ABC”) - Police Department 1. RESOLUTION - Authorizing acceptance of $70,000 in grant funding from the State of California Alcoholic Beverage Control (“ABC”), authorize the Chief of Police to enter into and execute the agreement and all program required documents 2. * RESOLUTION - 1st amendment to the Annual Appropriation Resolution (AAR) No. 2014-95 appropriating $70,000 for the Police Department’s ABC Enforcement Program (Requires 5 affirmative votes)
  The above item was approved on the Consent Calendar.
  Documents 3
  AAR - 15 1st ABC HJFABC contract 2015ABC FY 15 Resolution FINAL
  ADOPTED
- 14-140*BILL NO. B-27 (Intro. June 26, 2014) (For Adoption) - Adding Article 9 of Chapter 6 of the Fresno Municipal Code relating to the use of recycled water for plumbing and landscape irrigation and referred to as the “Recycled Water Ordinance” and applicable to all council districts as recycled water availability and future related projects develop
  The above item was approved on the Consent Calendar.
  Documents 1
  Ordinance.pdf
  ADOPTED
- 14-086Award a contract in the amount of $411,751 to Kimley-Horn and Associates, Inc. for design and engineering services for Bus Rapid Transit (BRT) station area enhancements associated with the Bus and Bus Livability Grant - Bid File No. 100413JD
  The above item was approved on the Consent Calendar.
  Documents 2
  Council Report Re KH Bus Livability K rev 5-13-14 final 071714Council Report Van Ness - SCOPE OF SERVICES 061614
  APPROVED
- 14-121Enter into a contract for budget software and services in the amount of $488,143 for an initial one (1) year set up of software and an ongoing maintenance agreement with Sherpa Government Solutions LLC of Denver, Colorado - Finance Department
  On motion of President Brandau, seconded by Acting President Baines, the above item was approved. The motion carried by the following vote:
  Documents 2
  9267CMemo v5.2 Committee Report.docxCopy of 9267BudgetSoftware ver3.xls
  VoteAye 6Absent 1
  - Blong XiongAye
  - Clinton OlivierAbsent
  - Lee BrandAye
  - Oliver L. Baines IIIAye
  - Paul CaprioglioAye
  - Sal QuinteroAye
  - Steve BrandauAye
  APPROVED
- 14-150Council Boards and Commissions Communications, Reports, Assignments and/or Appointments, Reappointments, Removals to/from City and non-City Boards and Commissions: A. 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. Financial Audit Committee - Brand, Olivier, Xiong 3. Fresno Area Workforce Investment Corporation - Baines 4. Fresno County Transportation Authority (FCTA) - Swearengin, Brandau 5. Fresno Regional Workforce Investment Board - Baines, Renena Smith 6. Fresno County Zoo Authority - Swearengin (Baines-Alternate) 7. Fresno Madera Area Agency on Aging Board - Olivier 8. Joint Powers Financing Authority - Baines, Xiong, Swearengin 9. Leadership Council on Ending Homelessness - Swearengin, Baines 10. San Joaquin River Conservancy Board - Swearengin (Brandau-Alternate) 11. Association for the Beautification of Highway 99 - Baines 12. Upper Kings Basin Integrated Regional Water Management JPA - Xiong 13. Pension Reform Task Force - Brand, Xiong, (3rd Member vacant) 14. Economic Development Corporation Serving Fresno County - Brandau-Ex-Officio 15. Fresno/Clovis Convention & Visitors Bureau (CVB) - Amy Fuentes 16. League of California Cities (Annual Meeting) - Swearengin (Olivier-Alternate) 17. San Joaquin Valley Air Pollution Control District - Baines 18. Infill Development Ad Hoc Subcommittee - Brand, Baines, Olivier 19. Litigation Exposure Reduction Ad Hoc Committee - Brandau, Caprioglio 20.Convention Center Oversight Advisory Board - Baines, (Brand-Alternate), City Manager, SMG General Manager and one representative from each of SMG’s organizations
  PRESENTED
- 14-145Designation of one (1) voting delegates and up to two (2) alternates for the League of California Cities Annual Conference to be held September 3 - 5, 2014
  On motion of President Brandau, seconded by Councilmember Xiong, President Brandau was designated as the voting delegate and Councilmembers Olivier and Caprioglio were designated as alternates. The motion carried by the following vote:
  Documents 2
  League of Cities Staff ReportVoting Delegate Letter 2014
  VoteAye 5Absent 2
  - Blong XiongAye
  - Clinton OlivierAbsent
  - Lee BrandAye
  - Oliver L. Baines IIIAbsent
  - Paul CaprioglioAye
  - Sal QuinteroAye
  - Steve BrandauAye
  APPROVED
- 14-163CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Government Code Section 54956.9, Subdivision (d)(1) 1. City of Fresno et al. v. Doug Vagim, et al.; Fresno Superior Court No. 13CECG03080, 5th District Court of Appeal No. F069296 Related Matter: Doug Vagim, et al. v. City of Fresno, et al.; Fresno Superior Court No. 13CECG03206
  PRESENTED
- 14-1549:30 AM - Actions Pertaining to the Sufficiency of Initiative Petition Regarding Resolution Nos. 2013-143 and 2013-144 that Adopted a Four Year Water Rate Plan and Required Council Action. a. RESOLUTION - Accepting the City Clerk’s Certificate of Sufficiency for the Initiative Petition b. Take one of the following actions: 1. RESOLUTION - Referring the proposed initiative measure to staff for a report pursuant to Election Code Section 9212; or 2. BILL - (For Introduction) - Repealing Resolution No. 2013-143 ratifying the Proposition 218 process and adopting the Four Year Water Rate Plan, and Resolution No. 2013-144 amending the Master Fee Schedule adjusting the water rates according to Proposition 218; or 3. RESOLUTION - Submitting to voters a ballot measure relating to Resolution Nos. 2013-143 and 2013-144 that adopted the Four Year Water Rate Plan, for the November 4, 2014 general election.
  On motion of Councilmember Brand, seconded by Acting President Baines, part "a" accepting the City Clerk's Certificate of Sufficiency for the Initiative Petition was adopted. The motion carried by the following vote:
  Documents 2
  Reso Placement of Water Initiative on BallotSupplement 1
  VoteAye 7
  - Blong XiongAye
  - Clinton OlivierAye
  - Lee BrandAye
  - Oliver L. Baines IIIAye
  - Paul CaprioglioAye
  - Sal QuinteroAye
  - Steve BrandauAye
  ADOPTED
- 14-1489:55 A.M. Appearance by Rick Morse to discuss the City of Fresno Medical Marijuana Ordinance
  Documents 1
  Rick Morse.pdf
  PRESENTED
- 14-12810:00 A.M. HEARING to consider formation of Underground Utility District No. FRE-93 on the north side of Nees Avenue from Maple Avenue to Hayston Avenue (Council District 6) 1. RESOLUTION - Establishing Underground District No. FRE-93 along the north side of Nees Avenue from Maple Avenue to Hayston Avenue
  On motion of Councilmember Brand, seconded by Councilmember Caprioglio, the above item was adopted. The motion carried by the following vote:
  Documents 1
  Resolution - FRE93.pdf
  VoteAye 5Absent 2
  - Blong XiongAye
  - Clinton OlivierAbsent
  - Lee BrandAye
  - Oliver L. Baines IIIAbsent
  - Paul CaprioglioAye
  - Sal QuinteroAye
  - Steve BrandauAye
  ADOPTED
- 14-06510:15 AM - HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding City of Fresno Community District No. 11, Annexation No. 55 (Final Tract Map No. 5531) (east side of S. Armstrong Avenue south of the San Joaquin Valley Railroad) (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 2013-2014 and Future Tax Years Within and Relating to Community Facilities District No. 11, Annexation No. 55, Final Tract Map No. 5531
  On motion of Councilmember Quintero, seconded by Councilmember Brand, the above item was approved. The motion carried by the following vote:
  Documents 8
  T5531 Annex55 Location Map.pdfT5531 Annex55 Feature Map.pdfT5531 Annex55 HRG ANNX-LEVY Reso.docxT5531 Annex55 ROI Exhibit A Descrip Services.docxT5531 Annex55 ROI Exhibit B RMA.docxT5531 Annex55 HRG CALL ELECTION Reso.docxT5531 Annex55 HRG ELECTION RESULTS Reso.docxT5531 Annex55 HRG ORDINANCE.docx
  VoteAye 5Absent 2
  - Blong XiongAye
  - Clinton OlivierAbsent
  - Lee BrandAye
  - Oliver L. Baines IIIAbsent
  - Paul CaprioglioAye
  - Sal QuinteroAye
  - Steve BrandauAye
  ADOPTED
- 14-12610:30 AM - WORKSHOP relating to Bicycle, Pedestrian and Trails Master Plan
  PRESENTED
- 14-10810:45 AM - Consider an appeal filed by Councilmember Caprioglio, appealing the Planning Commission’s action to approve Vesting Tentative Tract Map No. 6033, Conditional Use Permit No. C-13-092 and related environmental findings, by Jeffrey T. Roberts of Granville Homes, Inc., for property located on the northeast corner of North Fowler and East Clinton Avenues (Council District 4) (Continued - Time and date to be determined)
  Documents 1
  Supplement 1
  CONTINUED
- PLEASE NOTE: UNSCHEDULED COMMUNICATIONS IS NOT SCHEDULED FOR A SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING
- ADJOURNMENT

Agenda summary

9Sections

45Items

General5
SCHEDULED COUNCIL HEARINGS AND MATTERS CONTINUED19
CONSENT CALENDAR9
GENERAL ADMINISTRATION1
CITY COUNCIL2
CLOSED SESSION1
SCHEDULED COUNCIL HEARINGS AND MATTERS1
SCHEDULED COMMUNICATION6
UNSCHEDULED COMMUNICATION1

How to participate

Members of the public may comment in person at the address above. To request an interpreter or accessibility accommodation, call (559) 621-7650 at least three business days before the meeting.

In person
Attend at the location listed on the agenda. A speaker card is available at the entrance — submit it to the Clerk before your item is called. Each speaker is generally allotted up to three minutes.
Online via Zoom or by phone
Watch the live stream from any meeting page. To comment remotely, join the Zoom web-conference link posted with the agenda and use “Raise Hand” to be called on when your item comes up.
eComment (per agenda item)
Submit a comment on a specific agenda item online through eComment. Open the meeting from the calendar, then use the eComment link in the meeting details to register your position and remarks on each item. eComment opens once the agenda is published and closes at 9:00 a.m. the day before the meeting.
Written comment
Email clerk@fresno.gov with the meeting date and item number by 9:00 a.m. the day before the meeting. Comments received are distributed to members and entered into the record.
Accommodations & language access
Under California SB 707, agendas and participation instructions are published in every applicable language for the meeting, and free interpretation is provided at the meeting on request. Applicable languages currently include Spanish, Hmong, and Punjabi. Real-time captions are available in English and Spanish during the meeting through Wordly, and American Sign Language (ASL) interpretation is provided live on the Zoom feed. For CART captioning, interpretation in another language, or other disability accommodations, contact the City Clerk at least three business days before the meeting.

Request an accommodation

Meeting disruption policy

Meetings are conducted so everyone — in the room and watching or calling in remotely — can take part. A person who disrupts a meeting in person may be removed after a warning. Under California SB 707, if a service disruption within the City’s control cuts off the public’s ability to participate remotely, the body takes no further action on agenda items and recesses for at least one hour while staff make a good-faith effort to restore access; the meeting resumes only once remote access is back.

Read the meeting-access & disruption policy

Rules of Procedure

The 27 rules governing how City Council meetings are conducted — agendas, voting, public comment, hearings, and decorum.