City Council
Regular MeetingFresno, CA · October 19, 2017
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, October 19, 2017 1:30 PM Council Chambers
Regular Meeting
The City Council met in regular session in the Council Chamber, City Hall on the date
and time written above.
1:35 P.M. ROLL CALL
Councilmember Baines III joined the meeting at 1:50PM.
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 Mr. Darryl Du’Chene, Fresno Unified School District Project Manager
Pledge of Allegiance to the Flag
APPROVE AGENDA
On motion of Councilmember Caprioglio, seconded by Vice President
Soria, the above item was approved. The motion carried by the
following vote:
Aye: 6 - Olivier, Soria, Brandau, Bredefeld, Caprioglio and Chavez
Absent: 1 - Baines III
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City Council Meeting Minutes - Final October 19, 2017
CEREMONIAL PRESENTATIONS
ID17-1433 Proclamation of “Domestic Violence Awareness Month”
PRESENTED
ID17-1378 “KaBOOM! at Granny’s Park Appreciation Day”
PRESENTED
ID17-1405 Proclamation of “National Day on Writing”
PRESENTED
APPROVE MINUTES
ID17-114 Approval of minutes from October 12, 2017
On motion of Vice President Soria, seconded by Councilmember
Caprioglio, that the above Minutes be approved. The motion carried
by the following vote:
Aye: 7 - Olivier, Soria, Baines III, Brandau, Bredefeld, Caprioglio and
Chavez
COUNCILMEMBER REPORTS AND COMMENTS
Councilmember Caprioglio thanked the ASI for the proclamation and
thanked the Fresno State Police Department for going above and beyond for
the El Dorado Park area and thanked John DeLucia, Graphics Technician,
Copy Center for his good work, he walked the neighborhood on Augusta,
Monday, October 23, 2017 and will be walking Sierra Madre and survied the
neighborhood and asked the public for volunteers to help translate and also
mentioned the upcoming Fresno State Bulldogs and San Diego football
game.
Councilmember Baines III stated the Planning Commission approved the
South West Pacific Plan 7-0 and the Darling Agreement 6-1.
Vice President Soria thanked City Staff for the Tower District clean up,
reminded the public of the participatory budget process, introduced two new
interns, Alexandria Sanchez and Ignacio Barbosa for District 1 and
requested the meeting adjourned in memory of Rahman Newsome.
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Councilmember Brandau spoke regarding the Make a Difference day at
Chuckchansi Park on Saturday, October 21, 2017 and the opening of Fulton
Street.
1. CONSENT CALENDAR
APPROVAL OF THE CONSENT CALENDAR
On motion of Councilmember Caprioglio, seconded by Vice President
Soria, the CONSENT CALENDAR was hereby adopted by the following
vote:
Aye: 7 - Olivier, Soria, Baines III, Brandau, Bredefeld, Caprioglio and
Chavez
1-A ID17-1349 RESOLUTION - Dedicating a portion of City-owned property for the
purpose of a public street and trail easements to accommodate the
construction of Veterans Boulevard between West Herndon Avenue and
West Sierra Avenue. (Council District 2)
RESOLUTION 2017-283 ADOPTED
This Action Item was approved on the Consent Calendar.
1-B ID17-1371 Approve an agreement for Professional Engineering Services with Provost
and Pritchard Consulting Group for $294,000 and a $15,000 contingency
for the engineering design and construction support services for the South
Van Ness Industrial Area Roadway and Utilities Infrastructure Improvement
Project (Council District 3)
APPROVED
This Action Item was approved on the Consent Calendar.
1-C ID17-1381 Approve an agreement with Integrated Designs by SOMAM, Inc., of
Fresno, CA in the amount of $103,115 with a not-to-exceed contingency of
$10,000 for the design of and general construction documents for the
Americans with Disabilities Act (ADA) Upgrades at the City of Fresno
Convention Center (Council District 3).
APPROVED
This Action Item was approved on the Consent Calendar.
1-D ID17-1370 Actions related to acquiring and funding improvements to Maxie L. Parks
Center:
1. Adopt a Categorical Exemption prepared for Environmental
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City Council Meeting Minutes - Final October 19, 2017
Assessment No. EA-17-022 dated September 27, 2017, for the
Maxie L. Parks Community Center.
2. Authorize the Parks, After School, Recreation and Community
Services (PARCS) Department to accept a grant in the amount of
$350,500 from the State of California Department of Forestry and
Fire Protection (CAL FIRE) for improvements to Maxie L. Parks
Center (Council District 3)
3. ***RESOLUTION - 16th amendment to the Annual Appropriation
Resolution (AAR) No. 2017-165 appropriating $350,500 from the
Department of Forestry and Fire Protection (CAL FIRE) grant for the
Maxie L. Parks Center project. (Requires 5 affirmative votes)
(Subject to Mayor’s veto)
4. Approve the acquisition of an approximate 14,375 square foot
commercial zoned site located at 2195 South Elm Avenue adjoining
the Maxie L. Parks Center (Council District 3)
RESOLUTION 2017-284 #3 ADOPTED
This Action Item was approved on the Consent Calendar.
1-E ID17-1376
Approve Memorandum of Understanding for On-site Improvements to
replace potable water pipes and appurtenances at the Orange Center
School, facilitating connection to City of Fresno’s water distribution system
to provide reliable water to the disadvantaged community (Fresno County;
City of Fresno Sphere of Influence).
The above item was pulled from Consent Calendar by Vice President Soria
and moved to Contested Consent for further discussion.
1-F ID17-1380
***RESOLUTION - Authorizing the Director of Public Utilities (Director) or
designee to sign financing agreement, amendments, and certifications for
funding with the State Water Resource Control Board (SWRCB) from the
Cleanup and Abatement Account (CAA); authorizing the Director or
designee to approve claims for reimbursement; authorizing the Director or
designee to execute budget and expenditure summary; authorizing the
Director or designee to sign the final release form; and, authorizing the
Director or designee to sign the certification of project completion .
(Subject to Mayor’s Veto) (Fresno County; City of Fresno Sphere of
Influence)
RESOLUTION 2017-285 ADOPTED
This Action Item was approved on the Consent Calendar.
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1-G ID17-1417
Actions related to updating water conservation measures and the City’s
Water Shortage Contingency Plan:
1 Adopt the Negative Declaration prepared for Environmental Assessment
No. EA-17-014, dated August 11, 2017
2. ***BILL NO. B-57 - (Intro. 10/12/2017) (For adoption) - Amending Fresno
Municipal Code Sections 6-501, 6-502, and 6-520 relating to regulations
for Urban Water Conservation and Excessive Water Use (Subject to
Mayor’s veto)
ORDINANCE 2017-56 #2 ADOPTED
This Action Item was approved on the Consent Calendar.
1-H ID17-1416 ***BILL NO. B-56 - (Intro. 10/12/2017) (For adoption) - Approving
Text Amendment Application No. TA-17-007 amending subsection F of
Section 15-2009, and subsection I of Section 15-2010 of the Fresno
Municipal Code pertaining to the indemnification of security and electric
fences (Subject to Mayor’s veto)
ORDINANCE 2017-57 ADOPTED
This Action Item was approved on the Consent Calendar.
1-I ID17-1427
RESOLUTION - Approving the Final Map of Tract No. 6130 and accepting
dedicated public uses offered therein - Southeast corner of N. Fowler
Avenue and E. Grant Avenue (Council District 5)
RESOLUTION 2017-286 ADOPTED
This Resolution was approved on the Consent Calendar.
CONTESTED CONSENT CALENDAR
1-E ID17-1376
Approve Memorandum of Understanding for On-site Improvements to
replace potable water pipes and appurtenances at the Orange Center
School, facilitating connection to City of Fresno’s water distribution system
to provide reliable water to the disadvantaged community (Fresno County;
City of Fresno Sphere of Influence).
Vice President Soria expressed her strong support for the item.
On motion of Vice President Soria, seconded by President Olivier,
that the above Action Item be approved. The motion carried by the
following vote:
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Aye: 7 - Olivier, Soria, Baines III, Brandau, Bredefeld, Caprioglio and
Chavez
2. SCHEDULED COUNCIL HEARINGS AND MATTERS
2:10 P.M.
ID17-1354 HEARING to consider Conditional Use Permit Application No. C-17-079,
located on the northwest corner of East Jensen Avenue and State Highway
99. (Council District 3)
1. DENY Conditional Use Permit Application No. C-17-079 requesting to
establish a State of California Alcoholic Beverage Control Type 20 alcohol
license (Package Store - sale of beer and wine for consumption off the
premises where sold) for a proposed convenience store.
The item was called to order at 2:27PM
The above item was introduced to Council by Planner II Siegrist, DARM
Department.
Upon call the following members of the public addressed Council: George
Beal of Beal Development and Bill Bunnell.
Councilmember Baines III spoke regarding his reasons for appealing the
Planning Commissions decision and recommended that the CUP be
approved.
Councilmember Brandau spoke regarding the request for Liquor License for
District 2 and census tracks.
DARM Director Clark clarified the census track issues and spoke regarding
the changes in the state Alcoholic Beverage Control (ABC) code.
Vice President Soria stated there is an opportunity to modify the codes to
work with the over concentration of alcohol around neighborhoods.
Councilmember Caprioglio spoke regarding mixed messages to City Staff
and suggested the code be cleaned up to reduce confusion.
Councilmember Bredefeld asked if the applicant would accept all the
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limitation as stated in the Police Departments conditions.
Councilmember Baines III motioned to approve the Conditional Use Permit
(CUP) plus the CEQA categorical exemption and local restriction item C.
Councilmember Soria seconded the motion.
APPROVED
On motion of Councilmember Baines III, seconded by Vice President
Soria, that the above Action Item be adopted as amended. The motion
carried by the following vote:
Aye: 7 - Olivier, Soria, Baines III, Brandau, Bredefeld, Caprioglio and
Chavez
2:15 P.M.
ID17-1379 Appearance by Moas Jezrell Crawford to request the City of Fresno build
homes for the homeless. (Speaker resides in District 7)
Moas Jezrell appeared and spoke regarding homes for the homeless.
APPEARED
2:20 P.M.
ID17-1432 Appearance by Mary Esther Correa to discuss the Code Enforcement
fines she has incurred. (Speaker located in District 7)
Mary Esther Correa appeared and spoke regarding her code enforcement
fines.
APPEARED
4:00 P.M.
ID17-1407 RESOLUTION - Of the Council supporting House Resolution 3282, the
“ELD Extension Act of 2017”
The item was called to order at 4:14PM
The above item was introduced to Council by Councilmember Brandau.
Upon call, there was no public comment.
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RESOLUTION 2017-292 ADOPTED
On motion of Councilmember Brandau, seconded by Councilmember
Chavez, that the above Action Item be approved. The motion carried
by the following vote:
Aye: 6 - Soria, Baines III, Brandau, Bredefeld, Caprioglio and Chavez
Abstain: 1 - Olivier
3. GENERAL ADMINISTRATION
3-A ID17-1221 WORKSHOP regarding Weekend Recreation and Fitness Program
Workshop presented by Recreation Manager Schaefer, Parks, After School
and Recreation and Community Services Department.
3-B ID17-1363 RESOLUTION - Approving the application for grant funds from the United
States Department of Transportation’s Infrastructure for Rebuilding
America Program and authorizing the execution of documents by the
Public Works Director or designee (Council District 2)
The above item was introduced to Council by Director Mozier, Public Works
Department.
Upon call, there was no public commnet.
RESOLUTION 2017-287 ADOPTED
On motion of Councilmember Brandau, 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
3-C ID17-1364 RESOLUTION - Authorizing submission of regional bid applications for
grant funds for the 2017/18 Congestion Mitigation and Air Quality
Improvement Program and the Surface Transportation Block Grant
Program Call for Projects from the Fresno Council of Governments
(Citywide)
The above item was introduced to Council by Director Mozier, Public Works
Department.
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Upon call, there was no public comment.
RESOLUTION 2017-288 ADOPTED
On motion of Councilmember Caprioglio, seconded by Vice President
Soria, 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
3-D ID17-1318 Actions related to Senate Bill 1 (SB1) Road Maintenance and
Rehabilitation Account (RMRA) revenues:
1. Review the Public Works Department’s current five-year capital
improvement plan
2. Approve the Public Works Department’s SB1 street project list for
FY2018
3. Approve a priority list for SB1 expenditures for FY2019 through
FY2022
The above item was introduced to Council by Director Mozier, Public Works
Department.
Upon call there was no public comment.
APPROVED
On motion of Councilmember Caprioglio, seconded by
Councilmember Chavez, 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
3-E ID17-1391 Actions pertaining to the Fire Station No. 11 Remodel project (Council District
4):
1. ***RESOLUTION - 12th Amendment to the Annual Appropriation Resolution
(AAR) No. 2017-165, to appropriate $535,000 to fully fund the Fire Station
No. 11 Remodel project (Requires 5 affirmative votes) (Subject to
Mayor’s veto)
2. RESOLUTION - Providing for a loan from the Fire Station 10 Urban Growth
Management (UGM) Fund to the Fire Station UGM Citywide Facility Fund
3. Adopt finding of a Categorical Exemption pursuant to Section 15301(a) of
the California Environmental Quality Act (CEQA) Guidelines
4. Award a construction contract with R&H Construction of Fresno, CA, for
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City Council Meeting Minutes - Final October 19, 2017
$443,900 to remodel Fire Station No. 11
The above item was introduced to Council by Supervising Engineering Tech
Benard, Public Works Department.
Upon call there was no public comment
RESOLUTION 2017-289 #1 ADOPTED
RESOLUTION 2017-290 #2 ADOPTED
On motion of Councilmember Caprioglio, 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
3-F ID17-1377
RESOLUTION - Of Intention by the Council of the City of Fresno, California,
to grant a Non-Exclusive Franchise for roll-off collection services within the
City of Fresno and setting the public hearing for November 30, 2017 at
10:05 A.M. (Citywide)
The above item was introduced to Council by Assistant Director Schuber,
Public Utilities Department.
Upon call, there was no public comment.
RESOLUTION 2017-291 ADOPTED
On motion of Councilmember Caprioglio, seconded by
Councilmember Baines III, that the above Action Item be approved.
The motion carried by the following vote:
Aye: 6 - Soria, Baines III, Brandau, Bredefeld, Caprioglio and Chavez
No: 1 - Olivier
3-G ID17-1404 WORKSHOP - Bus Rapid Transit (BRT) Status
Workshop presented by Director Schaad, Department of Transportation.
3-H ID17-1358 BILL - (For introduction) Adding Article 32 to Chapter 9 of the Fresno
Municipal Code, relating to Pedicabs which allow alcohol to be consumed
onboard.
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The above item was introduced to Council by Vice President Soria.
Upon call, there was no public comment.
BILL B-58 ADOPTED.
On motion of Vice President Soria, 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
4. CITY COUNCIL
5. CLOSED SESSION
City Council recessed into Closed Session at 4:19PM
City Council returned from Closed Session at 5:19PM
There was no announcement after Closed Session
5-A ID17-1392
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION -
Government Code Section 54956.9, subdivision (d)(1)
1. Ma v. City of Fresno, et al.; United States District Court Case No.:
1:15-CV-01426 WBS.
DISCUSSED
5-B ID17-1421
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Government Code Section 54956.9, subdivision (d)(1)
1. Peter Dern v. City of Fresno, PSI, administered by Risico Claims
Management;
Workers’ Compensation Appeals Board Case No.: ADJ9940299
DISCUSSED
5-C ID17-1422
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CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION -
Government Code Section
54956.9, subdivision (d)(1)
1. Peter Dern and Kimberly Dern v. Julia Beth Ann Harper, et. al.;Fresno
County Superior Court Case No.: 15CECG0389
DISCUSSED
5-D ID17-1434
CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Government
Code Section 54956.8
Property: 911 H Street
Negotiating Parties: City Manager Wilma Quan-Schecter; Jason M. Geil
and Kymberly D. Geil, Trustees of the Jason and Kymberly Geil Family
Trust
DISCUSSED
5-E ID17-1438 CONFERENCE WITH LEGAL COUNSEL-DECIDING WHETHER TO
INITIATE LITIGATION- Government Code Section 54956.9(d)(4)
1. Action for declaratory relief: City of Fresno v. Esparza
DISCUSSED
PLEASE NOTE: UNSCHEDULED COMMUNICATION IS NOT SCHEDULED FOR A
SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING
UNSCHEDULED COMMUNICATION
Upon call, the following member of the public addressed Council. George
Hostetter, CV Observer asked what item in closed session would Attorney
Jim Sanchez be attending. City Attorney Sloan stated that it was not public
information.
ADJOURNMENT
City Council adjourned at 5:19 PM in memory of of Rahman Newsome.
The above minutes were approved at the October 26, 2017 meeting with a
motion from Councilmember Caprioglio and a second from Councilmember
Brandau. The motion passed on a 7-0 vote.
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City Council Meeting Minutes - Final October 19, 2017
City of Fresno ***Subject to Mayoral Veto Page 13
Agenda
City of Fresno
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
Meeting Agenda - Final
Thursday, October 19, 2017
1:30 PM
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 October 19, 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
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City Council Meeting Agenda - Final October 19, 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 en un artículo de
la agenda, que estén presentes durante toda la junta para asegurar su presencia
cuando se presente ese artículo.
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City Council Meeting Agenda - Final October 19, 2017
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 October 19, 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 October 19, 2017
1:30 P.M. ROLL CALL
Invocation by Mr. Darryl Du’Chene, Fresno Unified School District Project Manager
Pledge of Allegiance to the Flag
APPROVE AGENDA
CEREMONIAL PRESENTATIONS
ID17-1433 Proclamation of “Domestic Violence Awareness Month”
Sponsors: Mayor's Office
ID17-1378 “KaBOOM! at Granny’s Park Appreciation Day”
Sponsors: Council President Olivier
ID17-1405 Proclamation of “National Day on Writing”
Sponsors: City Councilmember Baines III
APPROVE MINUTES
ID17-114 Approval of minutes from October 12, 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 ID17-1349 RESOLUTION - Dedicating a portion of City-owned property
for the purpose of a public street and trail easements to
accommodate the construction of Veterans Boulevard
between West Herndon Avenue and West Sierra Avenue.
(Council District 2)
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City Council Meeting Agenda - Final October 19, 2017
Sponsors: Public Works Department
1-B ID17-1371 Approve an agreement for Professional Engineering Services
with Provost and Pritchard Consulting Group for $294,000
and a $15,000 contingency for the engineering design and
construction support services for the South Van Ness
Industrial Area Roadway and Utilities Infrastructure
Improvement Project (Council District 3)
Sponsors: Public Works Department
1-C ID17-1381 Approve an agreement with Integrated Designs by SOMAM,
Inc., of Fresno, CA in the amount of $103,115 with a
not-to-exceed contingency of $10,000 for the design of and
general construction documents for the Americans with
Disabilities Act (ADA) Upgrades at the City of Fresno
Convention Center (Council District 3).
Sponsors: Public Works Department
1-D ID17-1370 Actions related to acquiring and funding improvements to
Maxie L. Parks Center:
1. Adopt a Categorical Exemption prepared for
Environmental Assessment No. EA-17-022 dated September
27, 2017, for the Maxie L. Parks Community Center.
2. Authorize the Parks, After School, Recreation and
Community Services (PARCS) Department to accept a grant
in the amount of $350,500 from the State of California
Department of Forestry and Fire Protection (CAL FIRE) for
improvements to Maxie L. Parks Center (Council District 3)
3. ***RESOLUTION - 16th amendment to the Annual
Appropriation Resolution (AAR) No. 2017-165 appropriating
$350,500 from the Department of Forestry and Fire
Protection (CAL FIRE) grant for the Maxie L. Parks Center
project. (Requires 5 affirmative votes) (Subject to Mayor’s
veto)
4. Approve the acquisition of an approximate 14,375 square
foot commercial zoned site located at 2195 South Elm
Avenue adjoining the Maxie L. Parks Center (Council District
3)
Sponsors: Parks, After School and Recreation and Community Services
Department
City of Fresno ***Subject to Mayoral Veto Page 7
City Council Meeting Agenda - Final October 19, 2017
1-E ID17-1376 Approve Memorandum of Understanding for On-site
Improvements to replace potable water pipes and
appurtenances at the Orange Center School, facilitating
connection to City of Fresno’s water distribution system to
provide reliable water to the disadvantaged community
(Fresno County; City of Fresno Sphere of Influence).
Sponsors: Department of Public Utilities
1-F ID17-1380 ***RESOLUTION - Authorizing the Director of Public Utilities
(Director) or designee to sign financing agreement,
amendments, and certifications for funding with the State
Water Resource Control Board (SWRCB) from the Cleanup
and Abatement Account (CAA); authorizing the Director or
designee to approve claims for reimbursement; authorizing
the Director or designee to execute budget and expenditure
summary; authorizing the Director or designee to sign the
final release form; and, authorizing the Director or designee
to sign the certification of project completion. (Subject to
Mayor’s Veto) (Fresno County; City of Fresno Sphere of
Influence)
Sponsors: Department of Public Utilities
1-G ID17-1417 Actions related to updating water conservation measures and
the City’s Water Shortage Contingency Plan:
1 Adopt the Negative Declaration prepared for Environmental
Assessment No. EA-17-014, dated August 11, 2017
2. ***BILL NO. B-57 - (Intro. 10/12/2017) (For adoption) -
Amending Fresno Municipal Code Sections 6-501, 6-502,
and 6-520 relating to regulations for Urban Water
Conservation and Excessive Water Use (Subject to Mayor’s
veto)
Sponsors: Department of Public Utilities
1-H ID17-1416 ***BILL NO. B-56 - (Intro. 10/12/2017) (For adoption) -
Approving Text Amendment Application No. TA-17-007
amending subsection F of Section 15-2009, and subsection I
of Section 15-2010 of the Fresno Municipal Code pertaining
to the indemnification of security and electric fences (Subject
to Mayor’s veto)
City of Fresno ***Subject to Mayoral Veto Page 8
City Council Meeting Agenda - Final October 19, 2017
Sponsors: Development and Resource Management Department
1-I ID17-1427 RESOLUTION - Approving the Final Map of Tract No. 6130
and accepting dedicated public uses offered therein -
Southeast corner of N. Fowler Avenue and E. Grant Avenue
(Council District 5)
Sponsors: Public Works Department
CONTESTED CONSENT CALENDAR
2. SCHEDULED COUNCIL HEARINGS AND MATTERS
2:10 P.M.
ID17-1354 HEARING to consider Conditional Use Permit Application No.
C-17-079, located on the northwest corner of East Jensen
Avenue and State Highway 99. (Council District 3)
1. DENY Conditional Use Permit Application No. C-17-079
requesting to establish a State of California Alcoholic
Beverage Control Type 20 alcohol license (Package Store -
sale of beer and wine for consumption off the premises where
sold) for a proposed convenience store.
Sponsors: Development and Resource Management Department
2:15 P.M.
ID17-1379 Appearance by Moas Jezrell Crawford to request the City of
Fresno build homes for the homeless. (Speaker resides in
District 7)
2:20 P.M.
ID17-1432 Appearance by Mary Esther Correa to discuss the Code
Enforcement fines she has incurred. (Speaker located in
District 7)
4:00 P.M.
ID17-1407 RESOLUTION - Of the Council supporting House Resolution
3282, the “ELD Extension Act of 2017”
Sponsors: City Councilmember Brandau
City of Fresno ***Subject to Mayoral Veto Page 9
City Council Meeting Agenda - Final October 19, 2017
3. GENERAL ADMINISTRATION
3-A ID17-1221 WORKSHOP regarding Weekend Recreation and Fitness
Program
Sponsors: Parks, After School and Recreation and Community Services
Department
3-B ID17-1363 RESOLUTION - Approving the application for grant funds
from the United States Department of Transportation’s
Infrastructure for Rebuilding America Program and
authorizing the execution of documents by the Public Works
Director or designee (Council District 2)
Sponsors: Public Works Department
3-C ID17-1364 RESOLUTION - Authorizing submission of regional bid
applications for grant funds for the 2017/18 Congestion
Mitigation and Air Quality Improvement Program and the
Surface Transportation Block Grant Program Call for Projects
from the Fresno Council of Governments (Citywide)
Sponsors: Public Works Department
3-D ID17-1318 Actions related to Senate Bill 1 (SB1) Road Maintenance and
Rehabilitation Account (RMRA) revenues:
1. Review the Public Works Department’s current five-year
capital improvement plan
2. Approve the Public Works Department’s SB1 street project
list for FY2018
3. Approve a priority list for SB1 expenditures for FY2019
through FY2022
Sponsors: Public Works Department
3-E ID17-1391 Actions pertaining to the Fire Station No. 11 Remodel project
(Council District 4):
1. ***RESOLUTION - 12th Amendment to the Annual
Appropriation Resolution (AAR) No. 2017-165, to appropriate
$535,000 to fully fund the Fire Station No. 11 Remodel
project (Requires 5 affirmative votes) (Subject to Mayor’s
veto)
2. RESOLUTION - Providing for a loan from the Fire Station
10 Urban Growth Management (UGM) Fund to the Fire
City of Fresno ***Subject to Mayoral Veto Page 10
City Council Meeting Agenda - Final October 19, 2017
Station UGM Citywide Facility Fund
3. Adopt finding of a Categorical Exemption pursuant to
Section 15301(a) of the California Environmental Quality Act
(CEQA) Guidelines
4. Award a construction contract with R&H Construction of
Fresno, CA, for $443,900 to remodel Fire Station No. 11
Sponsors: Public Works Department and Fire Department
3-F ID17-1377 RESOLUTION - Of Intention by the Council of the City of
Fresno, California, to grant a Non-Exclusive Franchise for
roll-off collection services within the City of Fresno and
setting the public hearing for November 30, 2017 at 10:05
A.M. (Citywide)
Sponsors: Department of Public Utilities
3-G ID17-1404 WORKSHOP - Bus Rapid Transit (BRT) Status
Sponsors: Department of Transportation
3-H ID17-1358 BILL - (For introduction) Adding Article 32 to Chapter 9 of the
Fresno Municipal Code, relating to Pedicabs which allow
alcohol to be consumed onboard.
Sponsors: Development and Resource Management Department, Public
Works Department and Vice President Soria
4. CITY COUNCIL
5. CLOSED SESSION
5-A ID17-1392 CONFERENCE WITH LEGAL COUNSEL-EXISTING
LITIGATION - Government Code Section 54956.9,
subdivision (d)(1)
1. Ma v. City of Fresno, et al.; United States District Court
Case No.: 1:15-CV-01426 WBS.
Sponsors: City Attorney's Office
City of Fresno ***Subject to Mayoral Veto Page 11
City Council Meeting Agenda - Final October 19, 2017
5-B ID17-1421 CONFERENCE WITH LEGAL COUNSEL-EXISTING
LITIGATION
Government Code Section 54956.9, subdivision (d)(1)
1. Peter Dern v. City of Fresno, PSI, administered by Risico
Claims Management;
Workers’ Compensation Appeals Board Case No.:
ADJ9940299
Sponsors: Personnel Services Department
5-C ID17-1422 CONFERENCE WITH LEGAL COUNSEL-EXISTING
LITIGATION - Government Code Section
54956.9, subdivision (d)(1)
1. Peter Dern and Kimberly Dern v. Julia Beth Ann Harper,
et. al.;Fresno County Superior Court Case No.:
15CECG0389
Sponsors: Personnel Services Department
5-D ID17-1434 CONFERENCE WITH REAL PROPERTY NEGOTIATOR -
Government Code Section 54956.8
Property: 911 H Street
Negotiating Parties: City Manager Wilma Quan-Schecter;
Jason M. Geil and Kymberly D. Geil, Trustees of the Jason
and Kymberly Geil Family Trust
Sponsors: City Attorney's Office
5-E ID17-1438 CONFERENCE WITH LEGAL COUNSEL-DECIDING
WHETHER TO INITIATE LITIGATION- Government Code
Section 54956.9(d)(4)
1. Action for declaratory relief: City of Fresno v. Esparza
Sponsors: City Attorney's Office
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
City of Fresno ***Subject to Mayoral Veto Page 12
City Council Meeting Agenda - Final October 19, 2017
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
OCTOBER 26, 2017
10:00 A.M. - HEARING re: Plan Amendment No. A-17-008 and Rezone Application
No.R-17-011 regarding 40 acres of property located on the S. side of Jensen
Avenue between Polk and Cornelia Avenues near the City’s Wastewater
Treatment Plan to allow for the relocation of a rendering facility.
OCTOBER 26, 2017
2:00 P.M. - Anti-Slum Enforcement Team (ASET) Quarterly Status Report and
Update on Rental Housing Improvement Act
OCTOBER 26, 2017
4:30 P.M.#1 - HEARING re: Plan Amendment Application No. A-17-008, Rezone
Application No. R-17-011, and Disposition Agreement and Development
Agreement pertaining to 40 acres of property located on the south side of West
Jensen Avenue west of South Cornelia Avenuere
OCTOBER 26, 2017
4:30 P.M. #2- HEARING to consider the adoption of the Southwest Fresno Specific
Plan and related Final Program Environmental Impact Report (FPEIR), State
Clearinghouse (SHC) # 2017031012. The following applications have been filed
by the City of Fresno Development and Resource Management Director and
pertain to approximately 3,255 acres in the DA-1 South Development Area
NOVEMBER 2, 2017 8:30 A.M. MEETING
NOVEMBER 9, 2017
10:00 AM #1- FRWDB Workshop
NOVEMBER 9, 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. 9,
Annexation No. 20 (Assessor’s Parcel Number 403-021-03, Development Permit
City of Fresno ***Subject to Mayoral Veto Page 13
City Council Meeting Agenda - Final October 19, 2017
Application No. 2016-031) (south side of East Shepherd between N. Millbrook and
Cedar Avenues) (Council District 6)
NOVEMBER 9, 2017
10:10 AM - TEFRA HEARING - Westlake Mobile Home Park and Millbrook
Mobilehome Village, are located in Council Districts 1 and 4
NOVEMBER 30, 2017
10:00 AM - HEARING to adopt resolutions and ordinance amending Annexation
No. 54 of the City of Fresno Community District No. 11, Final Tract Map No. 6073,
to change the rate and method of apportionment of the special tax, and the
Maximum Special Tax to be levied (southeast corner of N. Fowler and E. Hamilton
Avenues) (Council District 5)
DECEMBER 7, 2017
10:00 AM - HEARING to adopt resolutions and ordinance amending Annexation
No. 74 of the City of Fresno Community District No. 11, Final Tract Map No. 6139,
to change the rate and method of apportionment of the special tax, and the
Maximum Special Tax to be levied (northeast corner of North Polk Avenue and
West Olive Avenue) (Council District 3)
DECEMBER 14, 2017
10:00 AM - HEARING - Regarding the vacation of a public water maineasement
and an emergency access easement south of Previously vacated E. Hamilton
Avenue between S. Parallel Avenue and S. Third Avenue (Lyons Magnus).
(Council District 5).
UPCOMING EMPLOYEE CEREMONIES
NOVEMBER 1, 2017
2:00 P.M. - Presentation of Employee Service Awards (Reception immediately
following - 2nd floor foyer)
2017 CITY COUNCIL MEETING SCHEDULE
OCTOBER 26, 2017 - 8:30 A.M. MEETING
NOVEMBER 2, 2017 - 8:30 A.M.
NOVEMBER 9, 2017 - 8:30 A.M.
NOVEMBER 16, 2017 - 1:30 P.M.
City of Fresno ***Subject to Mayoral Veto Page 14
City Council Meeting Agenda - Final October 19, 2017
NOVEMBER 23, 2017 - NO MEETING
NOVEMBER 30, 2017 - 8:30 A.M.
City of Fresno ***Subject to Mayoral Veto Page 15
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