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City Council

Regular Meeting

Fresno, CA · August 24, 2017

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Minutes

City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Meeting Minutes - Final City Council President - Clinton J. Olivier Vice President - Esmeralda Z. Soria Councilmembers: Oliver L. Baines, III, Steve Brandau, Garry Bredefeld, Paul Caprioglio, Luis Chavez City Manager - Wilma Quan-Schecter City Attorney - Douglas T. Sloan City Clerk - Yvonne Spence, CMC Thursday, August 24, 2017 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. 8:38 A.M. ROLL CALL Present: 7 - President Clinton Olivier Vice President Esmeralda Soria Councilmember Oliver L. Baines III Councilmember Steve Brandau Councilmember Garry Bredefeld Councilmember Paul Caprioglio Councilmember Luis Chavez Invocation by Reverend Dr. Samuel Morgan of Westside Church of God Pledge of Allegiance to the Flag APPROVE AGENDA City Clerk Spence announced the following change to the Agenda: The 10:20 A.M. Scheduled Communication item 17-1182 was removed by constituent J.D. McCubbin. Council President Olivier requested Consent Calendar item 1-Q be removed from the agenda. City of Fresno ***Subject to Mayoral Veto Page 1 City Council Meeting Minutes - Final August 24, 2017 Councilmember Bredefeld asked Council President Olivier why he wanted to remove item 1-Q from the agenda, what specifically he wanted to do with the item and what timeline Council President had in mind for the item to be discussed. Councilmember Bredefeld continued to speak regarding the restriction of the number of plants. Councilmember Bredefeld motioned to keep item 1-Q on the agenda for discussion and action. Councilmember Brandau seconded the motion. Motion FAILED 4/3 vote. Councilembers Baines III, Caprioglio, Council President Olivier and Vice President Soria voting, no. Councilmember Caprioglio motioned to approved the agenda with item 1-Q pulled from Consent Calendar. Councilmember Baines III seconded the motion. APPROVED On motion of Councilmember Caprioglio, seconded by Councilmember Baines III, 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 ID17-1150 Proclamation of “Andrea Walls Day” PRESENTED ID17-1151 Proclamation of “Women’s Equality Day” PRESENTED APPROVE MINUTES ID17-108 Approval of minutes from August 17, 2017 On motion of Councilmember Caprioglio, seconded by Councilmember Brandau, 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 August 24, 2017 Aye: 7 - Olivier, Soria, Baines III, Brandau, Bredefeld, Caprioglio and Chavez COUNCILMEMBER REPORTS AND COMMENTS Councilmember Caprioglio requested the meeting be adjourned in memory of Mark W. Lawsen and Mattie Douglas Burton Meyers. 1. CONSENT CALENDAR Councilmember Bredefeld moved Consent Calendar items 1-D (17-1125) and item 1-R (17-1183) to the Contested Consent Calendar for further discussion APPROVAL OF THE CONSENT CALENDAR On motion of Councilmember Brandau, seconded by Councilmember Caprioglio, the CONSENT CALENDAR was hereby adopted by the following vote: Aye: 7 - Olivier, Soria, Baines III, Brandau, Bredefeld, Caprioglio and Chavez 1-A ID17-1134 ***RESOLUTION - 20th amendment to the Annual Appropriation Resolution (AAR) No. 2017-165 appropriating $373,500 for a hazardous materials training grant from CALOffice of Emergency Services to the Fire Department (Requires 5 affirmative votes) (Subject to Mayor’s veto) RESOLUTION 2017-216 ADOPTED This Action Item was approved on the Consent Calendar. 1-B ID17-1135 Approve application for and acceptance of grant award for $358,302 from the U.S. Department of Homeland Security Assistance to Firefighters Grant Program and authorize the Fire Chief to complete all required documents 1. ***RESOLUTION - Authorizing the application for and acceptance of FY16 cycle U.S. Department of Homeland Security Assistance to Firefighters Grant Program and authorizing completion of documents (Subject to Mayor’s veto) 2. ***RESOLUTION - 21st amendment to the Annual Appropriation Resolution (AAR) No. 2017-165, appropriating $358,302 from the U.S. Department of Homeland Security Assistance to Firefighters Grant Program to the Fire Department to provide new machinery and equipment (Requires 5 affirmative votes) (Subject to Mayor’s veto) RESOLUTION 2017-217 #1 ADOPTED City of Fresno ***Subject to Mayoral Veto Page 3 City Council Meeting Minutes - Final August 24, 2017 RESOLUTION 2017-218 #2 ADOPTED This Action Item was approved on the Consent Calendar. 1-C ID17-1100 Approve an agreement between the City of Fresno and Fresno County, allowing Fresno County to purchase transit passes and ride cards from the City of Fresno for County clients to access social services or public health programs (Citywide) This Action Item was approved on the Consent Calendar. 1-D ID17-1125 Award a revised contract to VRPA Technologies, Inc. in the amount of $333,367 for Fixed Route System Restructure Public Involvement Services as required by the Federal Transportation Administration The above item was moved to Contested Consent Calendar by Councilmember Bredefeld for further discussion 1-E ID17-1108 Actions pertaining to the California Department of Public Health Walk With Ease Program Grant: 1. Authorize the Parks, After School, Recreation and Community Services (PARCS) Department to accept a grant in the amount of $2,500 from the California Department of Public Health for the Walk With Ease program at Mosqueda Neighborhood Center (District 5) 2. ***RESOLUTION - 15th amendment to the Annual Appropriation Resolution No. 2017-165 appropriating $2,500 from the California Department of Public Health (Requires 5 affirmative votes). (Subject to Mayor’s veto) RESOLUTION 2017-219 #2 ADOPTED This Action Item was approved on the Consent Calendar. 1-F ID17-1115 RESOLUTION - Approving the Final Map of Tract No. 5971 and accepting dedicated public uses offered therein - west side of North Locan Avenue between East Shields Avenue and East Ashlan Avenue (Council District 4) RESOLUTION 2017-220 ADOPTED This Action Item was approved on the Consent Calendar. 1-G ID17-1116 Award a requirements contract to Clay Miranda Trucking of Fresno, California in the amount of $170,045.00 for the purchase of Trucking Services. Bid File No. 9374 (City Wide) This Action Item was approved on the Consent Calendar. City of Fresno ***Subject to Mayoral Veto Page 4 City Council Meeting Minutes - Final August 24, 2017 1-H ID17-1118 RESOLUTION - Approving the Final Map of Tract No. 6091 and accepting dedicated public uses offered therein - east side of North Cornelia Avenue between West McKinley Avenue and West Normal Avenue (Council District 3) RESOLUTION 2017-221 ADOPTED This Action Item was approved on the Consent Calendar. 1-I ID17-1119 RESOLUTION - Approving the Final Map of Tract No. 6099 and accepting dedicated public uses offered therein - Northwest corner of East Copper Avenue and North Cedar Avenue (Council District 6) RESOLUTION 2017-222 ADOPTED This Action Item was approved on the Consent Calendar. 1-J ID17-1120 Approve the First Amendment to the Utility Agreement (No. 06-1398.15) with the California Department of Transportation (Caltrans) for Caltrans to relocate City water and sewer utilities associated with the State Route 99 Relocation Project in the amount of $173,490.81, (Council District 1 and 3). This Action Item was approved on the Consent Calendar. 1-K ID17-1130 Approve an agreement between Peters Engineering Group Inc., for $111,490 plus a contingency of $10,000 for design and preparation of construction documents for the Central Avenue and Orange Avenue Intersection Improvements project (Council District 3) This Action Item was approved on the Consent Calendar. 1-L ID17-1136 Approve the First Amendment to Agreement with Scott Beck Architect in the amount of $179,500 for the Mechanical, Electrical and Plumbing Design for the Police Department Southeast Substation (Council District 5) This Action Item was approved on the Consent Calendar. 1-M ID17-1121 Approve Amendment No. 1 to existing lease with Transportation Security Administration for Terminal Space at Fresno Yosemite International Airport (Council District 4) This Action Item was approved on the Consent Calendar. 1-N ID17-1132 Approve a consulting services agreement with Kimley-Horn and Associates, Inc. to prepare an Airport Master Plan Update for Fresno City of Fresno ***Subject to Mayoral Veto Page 5 City Council Meeting Minutes - Final August 24, 2017 Chandler Executive Airport for an amount not to exceed $383,889 (Council District 3) This Action Item was approved on the Consent Calendar. 1-O ID17-1127 Approve a consultant agreement in the amount of $123,950 with Aegis Groundwater Consulting, LLC., for quality control and inspection services for new municipal groundwater well construction. (County Island and Citywide) This Action Item was approved on the Consent Calendar. 1-P ID17-1141 Approve the appointment of Norman Norwood, Jr., and the reappointment of Frances Reyes Acosta to the Disability Advisory Commission; and the reappointments of Paul Halajian and Jason Hatwig to the Historic Preservation Commission This Appointment was approved on the Consent Calendar. 1-Q ID17-1097 Action relating to marijuana cultivation within the City of Fresno 1. Adopt a finding of No Possibility pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines 2. ***BILL NO. B-35 - (Intro. 6/22/2017) (For adoption) - The adoption of an amendment to sections 12-2104 and 12-2105 of the Fresno Municipal Code relating to the cultivation of marijuana. (Subject to Mayor’s veto) The above item was removed from the agenda by Council President Olivier 1-R ID17-1183 ***BILL NO. B-40 - (Intro. 8/17/2017) (For adoption) - Adding Article 17 to Chapter 10 of the Fresno Municipal Code relating to Unlawful Camping. (Citywide) (Subject to Mayor’s veto) The above item was moved to Contested Consent Calendar by Councilmember Bredefeld for further discussion CONTESTED CONSENT CALENDAR 1-D ID17-1125 Award a revised contract to VRPA Technologies, Inc. in the amount of $333,367 for Fixed Route System Restructure Public Involvement Services as required by the Federal Transportation Administration The above item was introduced to Council by Interim Transportation Director Rudd, Transportation Department. Councilmember Bredefeld asked staff about the cost savings of a $104,000 and the decrease in ridership nationwide and locally. City of Fresno ***Subject to Mayoral Veto Page 6 City Council Meeting Minutes - Final August 24, 2017 Vice President Soria requested that she be in the loop when staff is doing public outreach and commended staff for the work they have done to increase ridership. Interim Transportation Director Rudd mentioned to Council that they should anticipate within the next 30-45 days an announcement related to a couple of initiatives that will hopefully help trigger an increase in ridership Councilmember Brandau asked staff what the amount of cost savings were. APPROVED On motion of Councilmember Bredefeld, seconded by Councilmember Baines III, that the above Action Item be approved. The motion carried by the following vote: Aye: 7 - Olivier, Soria, Baines III, Brandau, Bredefeld, Caprioglio and Chavez 1-R ID17-1183 ***BILL NO. B-40 - (Intro. 8/17/2017) (For adoption) - Adding Article 17 to Chapter 10 of the Fresno Municipal Code relating to Unlawful Camping. (Citywide) (Subject to Mayor’s veto) Councilmember Bredefeld commended Councilmember Brandau for bringing the item forward and supports this item for approval. Councilmember Bredefeld read a list of service providers that are available for homeless individuals who can get the proper help. Councilmember Baines III asked Councilmember Brandau that during the 30 days of approval of the ordinance, Councilmember Brandau, legal team and himself work with some of the service providers who help the homeless daily to ensure that this ordinance does not conflict with any federal or state resources that they may have coming to them. Councilmember Brandau agreed to the suggestion made by Councilmember Baines III. Vice President Soria spoke regarding her issues with the ordinance and potentially jeopardizing funding for services and stated she would like the ordinance to be placed on hold for a few weeks or 30 days to sit down and talk with the service providers and states she will be voting no. City of Fresno ***Subject to Mayoral Veto Page 7 City Council Meeting Minutes - Final August 24, 2017 Councilmember Brandau said his first priority of this ordinance is to help the majority of City of Fresno residents and business owner. Councilmember Bredefeld also asked people to not continue to enable those who are homeless by giving them money, instead give the service providers the money to help the homeless. ORDINANCE 2017-40 ADOPTED Councilmember Chavez asked about the amount of money City of Fresno gets to address the homeless issues, how much money we are spending and what it will take to be effective. Upon call the following members of the public addressed Council: J.D. McCubbin spoke regarding his issues with the ordinance and camping on private property. Councilmember Caprioglio stated that the problem doesn't exist due to the approval of the oversized vehicle ordinance that was just recently passed. Abre Conner spoke regarding her legal concerns with the ordinance and it being unconstitutional to criminalize the homeless. Tina Your spoke regarding the homeless issues that are around Downtown Fresno and asked Council to approve the amendment. Andy Smith spoke regarding the County of Fresno and their concerns about the homeless issues coming to the County islands. On motion of Councilmember Bredefeld, seconded by Councilmember Brandau, that the above Ordinance be adopted. The motion carried by the following vote: Aye: 6 - Olivier, Baines III, Brandau, Bredefeld, Caprioglio and Chavez No: 1 - Soria 3. GENERAL ADMINISTRATION 3-A ID17-1075 Actions pertaining to the purchase of Emission Offsets for the Regional Wastewater Reclamation Facility (RWRF), required by the San Joaquin Valley Air Pollution Control District (Citywide) 1. ***RESOLUTION - 11th amendment to the Annual Appropriation City of Fresno ***Subject to Mayoral Veto Page 8 City Council Meeting Minutes - Final August 24, 2017 Resolution (AAR) No. 2017-165 appropriating $665,900 for purchase of Emission Offsets for the Regional Wastewater Reclamation Facility (RWRF) (Requires 5 affirmative votes) (Subject to Mayor’s veto) 2. Approve the purchase of Emission Offsets for the Regional Wastewater Reclamation Facility, required by the San Joaquin Valley Air Pollution Control District (Air District), in the amount of $665,941 from Olduvai Gorge, LLC. (Citywide) The above item was introduced to Council by Public Utilities Director Esqueda. Upon call, there was no public comment RESOLUTIOON 2017-223 ADOPTED On motion of Councilmember Bredefeld, seconded by President Olivier, that the above Action Item be approved. The motion carried by the following vote: Aye: 7 - Olivier, Soria, Baines III, Brandau, Bredefeld, Caprioglio and Chavez 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 at 9:50A.M. and returned from recess at 10:07 A.M. 2. SCHEDULED COUNCIL HEARINGS AND MATTERS 10:00 A.M.#1 ID17-1123 HEARING to adopt resolutions and ordinance amending the City of Fresno Community Facilities District No. 9, Final Tract Map No. 5717 (southeast corner of North Fowler and East Shields Avenue) (Council District 4) 1. ***RESOLUTION - Amending Final Tract Map No. 5717 of Community Facilities District No. 9 to Authorize the Change in the Types of Services and the Rate and Method of Apportionment of the Special Tax and the Levy of a Changed Maximum Special Tax (Subject to Mayor’s Veto) City of Fresno ***Subject to Mayoral Veto Page 9 City Council Meeting Minutes - Final August 24, 2017 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) - Amending and Modifying Ordinance No. 2008-76, and Levying a Changed Maximum Special Tax for the Property Tax Year 2017-2018 and Future Tax Years Within and Relating to the Boundaries as Amended for Final Tract Map No. 5717 of Community Facilities District No. 9 (Subject to Mayor’s Veto) The above hearing was called to order at 10:08 A.M. The item was introduced to Council by Assistant Director Benelli, Public Works Department. Upon call the following member of the public addressed Council, Claudia Cazares with Granville Homes, spoke regarding her support for the item. The hearing was closed at 10:10 A.M. RESOLUTION 2017-224 #1 ADOPTED RESOLUTION 2017-225 #2 ADOPTED RESOLUTION 2017-226 #3 ADOPTED BILL NO. B-41 #4 ADOPTED ORDINANCE NO. 2017-41 #4 ADOPTED On motion of Councilmember Caprioglio, seconded by Councilmember Baines III, that the above Resolution be adopted. The motion carried by the following vote: Aye: 7 - Olivier, Soria, Baines III, Brandau, Bredefeld, Caprioglio and Chavez 10:00 A.M.#2 ID17-1124 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. 81 (Final Tract Map No. 6110) (southeast corner of North Bliss and East Shields Avenue) (Council District 4) 1. ***RESOLUTION - Annexing Territory to Community Facilities District No. 11 and Authorizing the Levy of a City of Fresno ***Subject to Mayoral Veto Page 10 City Council Meeting Minutes - Final August 24, 2017 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. 11, Annexation No. 81 (Subject to Mayor’s Veto) The above hearing was called to order at 10:10 A.M. The item was introduced to Council by Assistant Director Benelli, Public Works Department. Upon call the following member of the public addressed Council, Claudia Cazares with Granville Homes, spoke regarding her support for the item. The hearing was closed at 10:12 A.M. RESOLUTION 2017-227 #1 ADOPTED RESOLUTION 2017-228 #2 ADOPTED RESOLUTION 2017-229 #3 ADOPTED BILL NO. B-42 #4 ADOPTED ORDINANCE NO. 2017-42 #4 ADOPTED On motion of Councilmember Caprioglio, seconded by Councilmember Baines III, that the above Resolution be adopted. The motion carried by the following vote: Aye: 7 - Olivier, Soria, Baines III, Brandau, Bredefeld, Caprioglio and Chavez 10:10 A.M. ID17-1092 HEARING to consider Plan Amendment Application No. A-17-007, Annexation Application No. ANX-17-005, Prezone Application No. R-17-010, Tentative Parcel Map Application No. TPM-17-06 and related environmental finding filed by Scott Mommar, on behalf of Sylvesta Hall of Blue Ocean Development America LLC pertaining to ±115.95 acres of property located on the Northwest Corner of W. Jensen Avenue and S. Martin Luther King Jr. Boulevard: (Property located in District 3) 1. Adopt Environmental Assessment No. A-17-007/R-17-010/ANX- City of Fresno ***Subject to Mayoral Veto Page 11 City Council Meeting Minutes - Final August 24, 2017 17-005/TPM-17-06, a Mitigated Negative Declaration dated August 2, 2017. 2. RESOLUTION- Approving Annexation Application No. ANX-17- 005 proposing detachment of 122.68 acres from the Fresno county Fire Protection District and the Kings River Conservation District and annexation to the City of Fresno. 3. RESOLUTION - Approving Plan Amendment Application No. A- 17-007, to amend the Fresno General Plan and Edison Community Plan from the following designations: Medium Density Residential for 19.25 acres, Urban Neighborhood for 29.44 acres, Community Commercial for 10.11 acres, Office for 37.69 acres and Community Park for 19.09 acres to Medium Density Residential for 54.48 acres, Community Commercial for 2.4 acres, Regional Commercial for 22.52 acres, Park for 9.63 acres and Public Facility - College designation for 26.55 acres. 4. BILL - (For introduction and adoption) - Approving Prezone Application No. R-17-010 to amend the Official Zone Map to reclassify the subject property from the Fresno County AL-20 (Limited Agriculture) to the City of Fresno zone districts to designated as follows: RS-5 (Residential Single Family) for 54.48 acres, CC (Community Commercial) for 2.4 acres, CR (Community-Regional) for 22.52 acres, PR (Parks and Recreation for 9.63 acres, and PI (Public and Institutional) for 26.55 acres. 5. RESOLUTION - Approving Tentative Parcel Map Application No. TPM-17-06 for the establishment of four parcels on 115.949 acres The above hearing was called to order at 10:12 A.M. The item was introduced to Council by Planning Manager Pagoulatos, DARM Department. Pagoulatos made corrections to the agenda, item 2 should read 'Resolution" and item 4 should read "Bill". Upon call the following members of the public address Council: Brunett Harris spoke regarding her issues with the item before Council for approval and Diane Smith asked Council how can the applications be pulled from the specific plan and be brought before Council for approval when it hasn't been properly noticed. The hearing was closed at 10:26 A.M. Councilmember Baines III, thanked Planning Manager Pagoulatos for all her work on this project and thanked the development group for their City of Fresno ***Subject to Mayoral Veto Page 12 City Council Meeting Minutes - Final August 24, 2017 collaboration with the community. Councilmember Baines III asked the developers to speak regarding the project. Scott Mommar thanked everyone for their help with this project. Sylvesta Hall spoke regarding his long history with South West Fresno and his relationship with the community and thanked Planning Manager Pagoulatos and City of Fresno staff for all their hard work they have done in South West Fresno and his support for this item. Councilmember Baines III asked Supervising Deputy City Attorney Kolluri if the there was anything illegal being done for today. Deputy City Attorney Kolluri stated everything that is being processed today is fully legal compliant process. Councilmember Chavez stated that the South East Fresno is going through the same problems and thanked Councilmember Baines III for his hard work and leadership for South West Fresno and his support for the item. RESOLUTION 2017-230 #2 ADOPTED RESOLUTION 2017-231 #3 ADOPTED BILL NO. B-43 #4 ADOPTED ORDINANCE 2017-43 #4 ADOPTED RESOLUTION 2017-232 #5 ADOPTED 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: 7 - Olivier, Soria, Baines III, Brandau, Bredefeld, Caprioglio and Chavez 10:15 A.M. ID17-1133 HEARING to consider Plan Amendment Application No. A-16-016, Rezone Application No. R-16-017, Development Permit Application No. D-16-139, and related Environmental Assessment No. A-16-016/R-16-017/D-16-139, for property located on the easterly side of N. Salinas Avenue just south of W. Bullard Avenue and the N. Figarden Drive loop. (Council District 2) 1. Adopt the Mitigated Negative Declaration prepared for Environmental Assessment No. A-16-016/R-16-017/D-16-139 dated May 5, 2017. 2. RESOLUTION - Approving Plan Amendment Application No. A-16 City of Fresno ***Subject to Mayoral Veto Page 13 City Council Meeting Minutes - Final August 24, 2017 -016 proposing to amend the Fresno General Plan and the Bullard Community Plan for the subject property from the Medium Density Residential (5-12 du/ac) planned land use designation to the Medium High Density Residential (12-16 du/ac) planned land use designation. 3. BILL - (For introduction and adoption) - Approving Rezone Application No. R-16-017 requesting to rezone the subject property from the RS-5/UGM (Residential Single Family, Medium Density/Urban Growth Management) zone district to the RM-1/UGM (Residential Multi Family, Medium High Density/Urban Growth Management) zone district. 4. Approve Development Permit Application No. D-16-139 requesting authorization to construct a 120-unit multi-family development in compliance with the Conditions of Approval dated July 5, 2017. The above item was called to order at 10:43 A.M. The item was introduced to Council by Planner III Valenzuela, DARM Department. Upon call the following member of the public addressed Council: Jeff Cazaly spoke regarding the project and his support of the item. The hearing was closed at 10:47 A.M. Councilmember Brandau asked about the community outreach and expresses his suppport for the item. RESOLUTION 2017-233 #2 ADOPTED BILL NO. B-44 #3 ADOPTED ORDINANCE 2017-44 #3 ADOPTED 10:20 A.M. SCHEDULED COMMUNICATION ID17-1147 Appearances by: Kimberly Castro, Melissa Fairless, Bernia Walker, Sharon Williams and Fred Vanderhoof to request the medical marijuana ban not be lifted NOT PRESENT WHEN CALLED ID17-1182 Appearance by J.D. McCubbin to discuss Code Enforcement Program consequences REQUESTED TO BE REMOVED FROM AGENDA 4. CITY COUNCIL City of Fresno ***Subject to Mayoral Veto Page 14 City Council Meeting Minutes - Final August 24, 2017 5. CLOSED SESSION Council ressessed at 10:47 A.M. for Closed Session. Closed Session adjourned at 11:05 A.M. There was no announcements after Closed Session. 5-A ID17-1184 PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Government Code Section 54957 Title: City Clerk CONFERENCE WITH LABOR NEGOTIATORS - Government Code Section 54957.6 City Negotiator(s): Council President Clint J. Olivier Unrepresented Employee: City Clerk ADJOURNMENT City Council adjourned at 11:05 A.M. in memory of Mark W. Lawsen and Mattie Douglas Burton Meyers. The above minutes were approved at the August 31, 2017 meeting with a motion from Councilmember Caprioglio and a second from Council President Olivier, the motion passed on a 5-0 vote with Councilmember Chavez and Vice Presideint Soria absent. City of Fresno ***Subject to Mayoral Veto Page 15

Agenda

City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Meeting Agenda - Final Thursday, August 24, 2017 8:30 AM Regular Meeting Council Chambers City Council President - Clinton J. Olivier Vice President - Esmeralda Z. Soria Councilmembers: Oliver L. Baines, III, Steve Brandau, Garry Bredefeld, Paul Caprioglio, Luis Chavez City Manager - Wilma Quan-Schecter City Attorney - Douglas T. Sloan City Clerk - Yvonne Spence, CMC City Council Meeting Agenda - Final August 24, 2017 The Fresno City Council welcomes you to City Council Chambers, located in City Hall, 2nd Floor, 2600 Fresno Street, Fresno, California 93721. The City of Fresno’s goal is to comply with the Americans with Disabilities Act (ADA) in all respects. The meeting room is physically accessible. If, as an attendee or participant at the meeting, you need additional accommodations such as interpreters, signers, assistive listening devices, or the services of a translator, please contact the Office of the City Clerk at (559) 621-7650 or clerk@fresno.gov. To ensure availability, you are advised to make your request at least 48 hours prior to the meeting. The agenda and related staff reports are available at www.fresno.gov, as well as in the Office of the City Clerk. The Council meeting can be viewed live on Comcast Channel 96 and AT&T Channel 99 from 9:00 a.m. and is re-played beginning at 8:00 p.m.. The meeting can also be viewed online at https://fresno.legistar.com. 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 City of Fresno ***Subject to Mayoral Veto Page 2 City Council Meeting Agenda - Final August 24, 2017 El Consejo de la Ciudad de Fresno da la bienvenida al City Council Chambers, ubicado en la Alcaldía (City Hall), do piso, 2600 Fresno Street, Fresno, California 93721. El objetivo de la Ciudad de Fresno es cumplir con la Ley de Americanos con Discapacidades (ADA) en todo aspecto. La sala para juntas es físicamente accesible. Si usted, como asistente o participante de la junta, necesita acomodaciones adicionales coma intérpretes, lenguaje de señas, aparatos auditivos, o los servicios de un traductor, por favor comuníquese con la Oficina del Secretario Municipal llamando al (559) 621-7650 o al clerk@fresno.gov. Para asegurarse de la disponibilidad, se le recomienda llamar y hacer su petición por lo menos 48 horas antes de la junta. La agenda y los reportes de personal correspondientes están disponibles en el www.fresno.gov, o en la Oficina del Secretario Municipal. Las juntas del Municipio se pueden ver en el Canal 96 de Comcast y el Canal 99 de AT&T a las 9:00 a.m. y otra vez empezando a las 8:00 p.m. La junta también se puede ver en el internet en el https://fresno.legistar.com PROCESO: Por cada asunto que escuche el Consejo Municipal, habrá una presentación del personal seguida por una presentación de los individuos involucrados, si están presentes. El testimonio de los presentes se escuchará entonces. Todo testimonio se limitará a tres minutos por persona. Si usted desea hablar, Ilene la hoja para pedir hablar disponibles en la oficina del Secretario Municipal y en la Sala Consistorial. Las tres luces en el atril junto al micrófono indicarán cuanto tiempo le queda al orador. La luz verde en el atril se prenderá cuando el orador comience. La luz amarilia se prenderá cuando quede un minuto. El orador debería estar concluyendo su testimonio cuando la luz roja prenda y ci sonido indique que se acabo su tiempo. La cantidad del tiempo que queda también aparecerá en la pantalla grande atrás del Consejo Municipal. No se aceptarán documentos para que repase el Consejo Municipal a menos que se sometan al Secretario Municipal por lo menos 24 horas antes de que se escuche la Agenda del Consejo Municipal. Este es el horario general de temas para la consideración y acción del Consejo Municipal. El consejo Municipal pudiera considerar y tomar acción en un artículo de la Agenda en el orden que considere adecuado. Artículos con una hora fijada se pueden escuchar después de la hora indicada pero no antes de la hora indicada en la agenda. Se les recomienda a las personas que estén interesadas City of Fresno ***Subject to Mayoral Veto Page 3 City Council Meeting Agenda - Final August 24, 2017 en un artículo de la agenda, que estén presentes durante toda la junta para asegurar su presencia cuando se presente ese artículo. LOS ARTICULOS MARCADOS CON TRES ASTERISCOS (***) ESTAN SUJETOS A UN VETO POR PARTE DEL ALCALDE O UNA RECONSIDERACION Tso Fresno City Council tos txais koj rau City Council Chambers, nyob rau hauv City Hall, 2nd Floor, 2600 Fresno Street, Fresno, California 93721. Lub hom phiaj ntawm nroog Fresno yuav ua kom tau txhua yam raw li txoj cai American with Disabilities Act (ADA) kom fwm txhua tus. Lub rooj sab laj txhua tus yuav tsum muaj feem koom kom tau, txawm yog cov tuaj koom, cov muaj feem rau lub rooj sab laj, yuav tsum kom muaj kev pab rau sawv daws xws li txhais lus, piav tes, tej twj mloog pob ntseg los yog ib tug txhais lus, thov hu rau Office of the City Clerk ntawm (559) 621-7650 los sis clerk@fresno.gov. Yuav kom paub tseeb tias npaj tau rau koj, koj yuav tsum tau hais ua ntej 48 xuab moos ntawm lub rooj sab laj. Daim ntawv kom tswj thiab tej ntaub ntawv cov ua dej num yuav coj los ceeb tshaj muaj nyob rau ntawm www.fresno.gov, los sis ntawm Office of the City Clerk. Council lub rooj sab laj saib pom rau hauv Comcast tshooj 96 thiab AT&T tshooj 99 thaum 9:00 teev sauv ntxoov thiab rov tso tawm thaum 8:00 teev tsaus ntuj. Lub rooj sab Iaj kuj saib tau online at https://fresno.legistar.com. TXUAS NTXIV: Txhua nqe laj txheej yuav tau pom zoo los ntawm cov council ua ntej thiab yuav tau muaj ib tug staff los cej luam dhau ntawd cov uas muaj feem cuam mam los cej luam ib tug zuj zus, yog tuaj nyob rau ntawd. Dhau ntawd yuav tso rau sawv daw los tawrn suab, ib leeg twg yuav los tawm suab tsuas pub peb(3) nas this xwb. Yog koj xav los tawm suab, mus sau rau daim ntawv (Speaker Request Form) muaj nyob rau hauv City Clerk's Office thiab nyob rau huav Council Chambers. muaj peb(3) lub teeb nyob rau ntawm lub podium uas puab rau ntawm lub (microphone) qhia tias tus neeg hais lus muaj sij haum ntev Ii cas xwb. Lub teeb ntsuab ntawm lub podium yuav cig thaum tus hais lus pib hais. Lub teeb daj yuav cig thaum tshuav ib(1) nas this. Tus hais lus yuav tsum hais kom tas rau thaum lub teeb liab cig thiab lub tswb nrov, qhia tias sij haum tas lawm. lb qhov ntxiv nyob rau saum daim (screen) loj loj dai rau tom cov council nrob qaurn yuav pom lub sij hawm dhia qis zuj zus los mus. City of Fresno ***Subject to Mayoral Veto Page 4 City Council Meeting Agenda - Final August 24, 2017 Cov council yuav tsis txais ib yam ntaub ntawv los saib ntxiv tshwj tsis yog twb muab xa rau City Clerk 24 teev thiab muab tso rau hauv daim kom tswj ua ntej council yuav los mloog tej xwm txheej. Dhau ntawd yuav muab sij hawm rau cov council los soj ntsuam thiab ua tes dej num, Coy tswv zos (City Council) yuav los ntsuam xyuas thiab leg raws tej nqe hauv daim kom tswj yog pom tias yam twg yuav tsim nyog. Mam muab lub sij hawm los xyuas raws tej txheej txheem tom qab tiam si yuav tsis yog ua ntej raws Ii daim kom tswj tau teev tseg. Cov uas txaus siab rau tei laj txheej uas tau teev tseg rau hauv daim kom tswj, xav kom nyob kom dhau lub rooj sab laj kom thaum hu txog nws thiaj nyob rau ntawd YOG QHOV MUAJ PEB LUB HNUB QUB (***) NYOB RAU HAUV DAIM KOM TSWJ YUAV RAUG MAYORAL VETO LOS SIS ROV SOJ NTSUAM DUA City of Fresno ***Subject to Mayoral Veto Page 5 City Council Meeting Agenda - Final August 24, 2017 8:30 A.M. ROLL CALL Invocation by Reverend Dr. Samuel Morgan of Westside Church of God Pledge of Allegiance to the Flag APPROVE AGENDA CEREMONIAL PRESENTATIONS ID17-1150 Proclamation of “Andrea Walls Day” Sponsors: Mayor's Office and City Council ID17-1151 Proclamation of “Women’s Equality Day” Sponsors: Vice President Soria APPROVE MINUTES ID17-108 Approval of minutes from August 17, 2017 Sponsors: City Clerk's Office COUNCILMEMBER REPORTS AND COMMENTS 1. CONSENT CALENDAR All Consent Calendar items are considered to be routine and will be treated as one agenda item. The Consent Calendar will be enacted by one motion. Public comment on the Consent Calendar is limited to three (3) minutes per speaker. There will be no separate discussion of these items unless requested by a Councilmember, in which event the item will be removed from the Consent Calendar and will be considered as time allows. 1-A ID17-1134 ***RESOLUTION - 20th amendment to the Annual Appropriation Resolution (AAR) No. 2017-165 appropriating $373,500 for a hazardous materials training grant from CALOffice of Emergency Services to the Fire Department (Requires 5 affirmative votes) (Subject to Mayor’s veto) Sponsors: Fire Department 1-B ID17-1135 Approve application for and acceptance of grant award for $358,302 from the U.S. Department of Homeland Security Assistance to Firefighters Grant Program and authorize the City of Fresno ***Subject to Mayoral Veto Page 6 City Council Meeting Agenda - Final August 24, 2017 Fire Chief to complete all required documents 1. ***RESOLUTION - Authorizing the application for and acceptance of FY16 cycle U.S. Department of Homeland Security Assistance to Firefighters Grant Program and authorizing completion of documents (Subject to Mayor’s veto) 2. ***RESOLUTION - 21st amendment to the Annual Appropriation Resolution (AAR) No. 2017-165, appropriating $358,302 from the U.S. Department of Homeland Security Assistance to Firefighters Grant Program to the Fire Department to provide new machinery and equipment (Requires 5 affirmative votes) (Subject to Mayor’s veto) Sponsors: Fire Department 1-C ID17-1100 Approve an agreement between the City of Fresno and Fresno County, allowing Fresno County to purchase transit passes and ride cards from the City of Fresno for County clients to access social services or public health programs (Citywide) Sponsors: Department of Transportation 1-D ID17-1125 Award a revised contract to VRPA Technologies, Inc. in the amount of $333,367 for Fixed Route System Restructure Public Involvement Services as required by the Federal Transportation Administration Sponsors: Department of Transportation 1-E ID17-1108 Actions pertaining to the California Department of Public Health Walk With Ease Program Grant: 1. Authorize the Parks, After School, Recreation and Community Services (PARCS) Department to accept a grant in the amount of $2,500 from the California Department of Public Health for the Walk With Ease program at Mosqueda Neighborhood Center (District 5) 2. ***RESOLUTION - 15th amendment to the Annual Appropriation Resolution No. 2017-165 appropriating $2,500 from the California Department of Public Health (Requires 5 affirmative votes). (Subject to Mayor’s veto) Sponsors: Parks, After School and Recreation and Community Services Department City of Fresno ***Subject to Mayoral Veto Page 7 City Council Meeting Agenda - Final August 24, 2017 1-F ID17-1115 RESOLUTION - Approving the Final Map of Tract No. 5971 and accepting dedicated public uses offered therein - west side of North Locan Avenue between East Shields Avenue and East Ashlan Avenue (Council District 4) Sponsors: Public Works Department 1-G ID17-1116 Award a requirements contract to Clay Miranda Trucking of Fresno, California in the amount of $170,045.00 for the purchase of Trucking Services. Bid File No. 9374 (City Wide) Sponsors: Public Works Department 1-H ID17-1118 RESOLUTION - Approving the Final Map of Tract No. 6091 and accepting dedicated public uses offered therein - east side of North Cornelia Avenue between West McKinley Avenue and West Normal Avenue (Council District 3) Sponsors: Public Works Department 1-I ID17-1119 RESOLUTION - Approving the Final Map of Tract No. 6099 and accepting dedicated public uses offered therein - Northwest corner of East Copper Avenue and North Cedar Avenue (Council District 6) Sponsors: Public Works Department 1-J ID17-1120 Approve the First Amendment to the Utility Agreement (No. 06-1398.15) with the California Department of Transportation (Caltrans) for Caltrans to relocate City water and sewer utilities associated with the State Route 99 Relocation Project in the amount of $173,490.81, (Council District 1 and 3). Sponsors: Public Works Department 1-K ID17-1130 Approve an agreement between Peters Engineering Group Inc., for $111,490 plus a contingency of $10,000 for design and preparation of construction documents for the Central Avenue and Orange Avenue Intersection Improvements project (Council District 3) Sponsors: Public Works Department City of Fresno ***Subject to Mayoral Veto Page 8 City Council Meeting Agenda - Final August 24, 2017 1-L ID17-1136 Approve the First Amendment to Agreement with Scott Beck Architect in the amount of $179,500 for the Mechanical, Electrical and Plumbing Design for the Police Department Southeast Substation (Council District 5) Sponsors: Public Works Department 1-M ID17-1121 Approve Amendment No. 1 to existing lease with Transportation Security Administration for Terminal Space at Fresno Yosemite International Airport (Council District 4) Sponsors: Airports Department 1-N ID17-1132 Approve a consulting services agreement with Kimley-Horn and Associates, Inc. to prepare an Airport Master Plan Update for Fresno Chandler Executive Airport for an amount not to exceed $383,889 (Council District 3) Sponsors: Airports Department 1-O ID17-1127 Approve a consultant agreement in the amount of $123,950 with Aegis Groundwater Consulting, LLC., for quality control and inspection services for new municipal groundwater well construction. (County Island and Citywide) Sponsors: Department of Public Utilities 1-P ID17-1141 Approve the appointment of Norman Norwood, Jr., and the reappointment of Frances Reyes Acosta to the Disability Advisory Commission; and the reappointments of Paul Halajian and Jason Hatwig to the Historic Preservation Commission Sponsors: Mayor's Office 1-Q ID17-1097 Action relating to marijuana cultivation within the City of Fresno 1. Adopt a finding of No Possibility pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines 2. ***BILL NO. B-35 - (Intro. 6/22/2017) (For adoption) - The adoption of an amendment to sections 12-2104 and 12-2105 of the Fresno Municipal Code relating to the cultivation of marijuana. (Subject to Mayor’s veto) Sponsors: Mayor Brand and City Councilmember Bredefeld City of Fresno ***Subject to Mayoral Veto Page 9 City Council Meeting Agenda - Final August 24, 2017 1-R ID17-1183 ***BILL NO. B-40 - (Intro. 8/17/2017) (For adoption) - Adding Article 17 to Chapter 10 of the Fresno Municipal Code relating to Unlawful Camping. (Citywide) (Subject to Mayor’s veto) Sponsors: City Councilmember Brandau CONTESTED CONSENT CALENDAR 2. SCHEDULED COUNCIL HEARINGS AND MATTERS 10:00 A.M.#1 ID17-1123 HEARING to adopt resolutions and ordinance amending the City of Fresno Community Facilities District No. 9, Final Tract Map No. 5717 (southeast corner of North Fowler and East Shields Avenue) (Council District 4) 1. ***RESOLUTION - Amending Final Tract Map No. 5717 of Community Facilities District No. 9 to Authorize the Change in the Types of Services and the Rate and Method of Apportionment of the Special Tax and the Levy of a Changed Maximum 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) - Amending and Modifying Ordinance No. 2008-76, and Levying a Changed Maximum Special Tax for the Property Tax Year 2017-2018 and Future Tax Years Within and Relating to the Boundaries as Amended for Final Tract Map No. 5717 of Community Facilities District No. 9 (Subject to Mayor’s Veto) Sponsors: Public Works Department 10:00 A.M.#2 ID17-1124 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. 81 (Final Tract Map No. 6110) (southeast corner of North Bliss and East Shields Avenue) (Council District 4) 1. ***RESOLUTION - Annexing Territory to Community City of Fresno ***Subject to Mayoral Veto Page 10 City Council Meeting Agenda - Final August 24, 2017 Facilities District No. 11 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. 11, Annexation No. 81 (Subject to Mayor’s Veto) Sponsors: Public Works Department 10:10 A.M. ID17-1092 HEARING to consider Plan Amendment Application No. A-17-007, Annexation Application No. ANX-17-005, Prezone Application No. R-17-010, Tentative Parcel Map Application No. TPM-17-06 and related environmental finding filed by Scott Mommar, on behalf of Sylvesta Hall of Blue Ocean Development America LLC pertaining to ±115.95 acres of property located on the Northwest Corner of W. Jensen Avenue and S. Martin Luther King Jr. Boulevard: (Property located in District 3) 1. Adopt Environmental Assessment No. A-17-007/R-17- 010/ANX-17-005/TPM-17-06, a Mitigated Negative Declaration dated August 2, 2017. 2. BILL - (For introduction and adoption) - Approving Annexation Application No. ANX-17-005 proposing detachment of 122.68 acres from the Fresno county Fire Protection District and the Kings River Conservation District and annexation to the City of Fresno. 3. RESOLUTION - Approving Plan Amendment Application No. A-17-007, to amend the Fresno General Plan and Edison Community Plan from the following designations: Medium Density Residential for 19.25 acres, Urban Neighborhood for 29.44 acres, Community Commercial for 10.11 acres, Office for 37.69 acres and Community Park for 19.09 acres to Medium Density Residential for 54.48 acres, Community Commercial for 2.4 acres, Regional Commercial for 22.52 acres, Park for 9.63 acres and Public Facility - College designation for 26.55 acres. City of Fresno ***Subject to Mayoral Veto Page 11 City Council Meeting Agenda - Final August 24, 2017 4. RESOLUTION - Approving Prezone Application No. R-17- 010 to amend the Official Zone Map to reclassify the subject property from the Fresno County AL-20 (Limited Agriculture) to the City of Fresno zone districts to designated as follows: RS-5 (Residential Single Family) for 54.48 acres, CC (Community Commercial) for 2.4 acres, CR (Community-Regional) for 22.52 acres, PR (Parks and Recreation for 9.63 acres, and PI (Public and Institutional) for 26.55 acres. 5. RESOLUTION - Approving Tentative Parcel Map Application No. TPM-17-06 for the establishment of four parcels on 115.949 acres Sponsors: Development and Resource Management Department 10:15 A.M. ID17-1133 HEARING to consider Plan Amendment Application No. A-16-016, Rezone Application No. R-16-017, Development Permit Application No. D-16-139, and related Environmental Assessment No. A-16-016/R-16-017/D-16-139, for property located on the easterly side of N. Salinas Avenue just south of W. Bullard Avenue and the N. Figarden Drive loop. (Council District 2) 1. Adopt the Mitigated Negative Declaration prepared for Environmental Assessment No. A-16-016/R-16-017/D-16- 139 dated May 5, 2017. 2. RESOLUTION - Approving Plan Amendment Application No. A-16-016 proposing to amend the Fresno General Plan and the Bullard Community Plan for the subject property from the Medium Density Residential (5-12 du/ac) planned land use designation to the Medium High Density Residential (12-16 du/ac) planned land use designation. 3. BILL - (For introduction and adoption) - Approving Rezone Application No. R-16-017 requesting to rezone the subject property from the RS-5/UGM (Residential Single Family, Medium Density/Urban Growth Management) zone district to the RM-1/UGM (Residential Multi Family, Medium High Density/Urban Growth Management) zone district. 4. Approve Development Permit Application No. D-16-139 requesting authorization to construct a 120-unit multi-family development in compliance with the Conditions of Approval City of Fresno ***Subject to Mayoral Veto Page 12 City Council Meeting Agenda - Final August 24, 2017 dated July 5, 2017. Sponsors: Development and Resource Management Department 10:20 A.M. SCHEDULED COMMUNICATION ID17-1147 Appearances by: Kimberly Castro, Melissa Fairless, Bernia Walker, Sharon Williams and Fred Vanderhoof to request the medical marijuana ban not be lifted ID17-1182 Appearance by J.D. McCubbin to discuss Code Enforcement Program consequences 3. GENERAL ADMINISTRATION 3-A ID17-1075 Actions pertaining to the purchase of Emission Offsets for the Regional Wastewater Reclamation Facility (RWRF), required by the San Joaquin Valley Air Pollution Control District (Citywide) 1. ***RESOLUTION - 11th amendment to the Annual Appropriation Resolution (AAR) No. 2017-165 appropriating $665,900 for purchase of Emission Offsets for the Regional Wastewater Reclamation Facility (RWRF) (Requires 5 affirmative votes) (Subject to Mayor’s veto) 2. Approve the purchase of Emission Offsets for the Regional Wastewater Reclamation Facility, required by the San Joaquin Valley Air Pollution Control District (Air District), in the amount of $665,941 from Olduvai Gorge, LLC. (Citywide) Sponsors: Department of Public Utilities 4. CITY COUNCIL 5. CLOSED SESSION 5-A ID17-1184 PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Government Code Section 54957 Title: City Clerk CONFERENCE WITH LABOR NEGOTIATORS - Government Code Section 54957.6 City Negotiator(s): Council President Clint J. Olivier Unrepresented Employee: City Clerk City of Fresno ***Subject to Mayoral Veto Page 13 City Council Meeting Agenda - Final August 24, 2017 Sponsors: Council President Olivier PLEASE NOTE: UNSCHEDULED COMMUNICATION IS NOT SCHEDULED FOR A SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING UNSCHEDULED COMMUNICATION Members of the public may address the Council regarding items that are not listed on the agenda and within the subject matter jurisdiction of the Council. Each person is limited to a three (3) minute presentation. Anyone wishing to be placed on an agenda for a specified topic should contact the City Clerk’s Office at least ten (10) days prior to the desired date. Council action on unscheduled items, if any, shall be limited to referring the item to staff for a report and possible scheduling on a future Council agenda. ADJOURNMENT UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS AUGUST 31, 2017 10:00 AM - HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding the territory associated with the development of Assessor’s Parcel Number 313-280-73 and 313-280-75, Conditional Use Permit Application No. 2014-057, Annexation No. 17 of the City of Fresno Community Facilities District No. 9 (north side of E. Kings Canyon Road east of N. Armstrong Avenue) (Council District 5) AUGUST 31, 2017 10:05 A.M. - WORKSHOP - City of Fresno Water Supply Investment Opportunities – Temperance Flat Reservoir and CalWaterFix Twin Tunnels AUGUST 31, 2017 10:20 A.M. - HEARING re: Text Amendment Application No. TA-17-006 proposes amendments to Section 15-2739 of the Municipal Code which pertain to marijuana regulations. The amendment specifically proposes to a) define “Marijuana”, “Marijuana Dispensary”, a “Commercial Marijuana Operation” and “Consumption of Marijuana”, b) prohibit “consumption of marijuana” in public c) prohibit “marijuana dispensaries” in all zone districts in the City and d) prohibit “commercial marijuana operations” in all zone districts in the City, with the exception of laboratory testing in industrial districts. The City Council adopted Resolution No. 2017-175 on June 22, 2017 to initiate this text amendment. SEPTEMBER 7, 2017 - NO MEETING City of Fresno ***Subject to Mayoral Veto Page 14 City Council Meeting Agenda - Final August 24, 2017 SEPTEMBER 14, 2017 - NO MEETING SEPTEMBER 21, 2017 2:00 PM #1 - 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. 83 (Final Tract Map No. 6140) (south side of E. Powers Avenue, west of N. Maple Avenue) (Council District 6) SEPTEMBER 21, 2017 2:00 PM #2- 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. 82 (Final Tract Map No. 6056) (southeast corner of W. Gettysburg and N. Bryan Avenues) (Council District 1) SEPTEMBER 21, 2017 2:00 PM #3 - 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. 18 (the development of Assessor’s Parcel Number 329-103-01 by Valley Wide Beverage Company, Development Permit Application No. 2017-016) (west side of South East Avenue north of East Central Avenue) (Council District 3) SEPTEMBER 21, 2017 2:10 PM - TEFRA Hearing for the California Enterprise Development Authority (CEDA) for the issuance of obligations on behalf of United Health Centers of the San Joaquin Valley to build a facility at 3875 West Beechwood Avenue. SEPTEMBER 21, 2017 2:15 P.M. - Presentation by Paul Saito regarding the extension of hours at the Shinzen Japanese Garden in Woodward Park SEPTEMBER 28, 2017 10:00 AM #1- 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. 19, Development Permit Application No. 2016-111 (northwest corner of E. Church and S. Chestnut Avenues) (Council District 5) SEPTEMBER 28, 2017 10:00 AM#2 - 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. 84 (Final Tract Map No. 6130) (east side of North Fowler Avenue between East Grant and Illinois Avenues) (Council District 5) City of Fresno ***Subject to Mayoral Veto Page 15 City Council Meeting Agenda - Final August 24, 2017 UPCOMING EMPLOYEE CEREMONIES OCTOBER 12, 2017 8:30 A.M. - Presentation of Employee of the Quarter Awards (Reception immediately following - 2nd floor foyer) NOVEMBER 1, 2017 2:00 P.M. - Presentation of Employee Service Awards (Reception immediately following - 2nd floor foyer) 2017 CITY COUNCIL MEETING SCHEDULE AUGUST 31, 2017- 8:30 A.M. MEETING SEPTEMBER 7, 2017 - NO MEETING SEPTEMBER 14, 2017 - NO MEETING SEPTEMBER 21, 2017 - 1:30 P.M. MEETING SEPTEMBER 28, 2017 - 8:30 A.M. MEETING City of Fresno ***Subject to Mayoral Veto Page 16

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