City Council
Regular MeetingFresno, CA · October 11, 2018
Minutes
City of Fresno 2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
Meeting Minutes - Final
City Council
President - Esmeralda Z. Soria
Vice President - Steve Brandau
Councilmembers:
Oliver L. Baines, III, Paul Caprioglio, Luis Chavez,
Garry Bredefeld, Clinton J. Olivier
City Manager - Wilma Quan-Schecter
City Attorney - Douglas T. Sloan
City Clerk - Yvonne Spence, MMC
Thursday, October 11, 2018 9:00 AM Council Chambers
Regular Meeting
The City Council met in regular session in the Council Chamber, Cityi Hall on the
date and time written above.
9:14 A.M. ROLL CALL
Present: 7 - President Esmeralda Z. Soria
Vice President Steve Brandau
Councilmember Oliver L. Baines III
Councilmember Paul Caprioglio
Councilmember Luis Chavez
Councilmember Garry Bredefeld
Councilmember Clinton Olivier
Invocation by Pastor Tate Hill, Sr.
Pledge of Allegiance to the Flag
APPROVE AGENDA
There were no changes to the agenda.
On motion of Councilmember Caprioglio, seconded by
Councilmember Olivier, the above item was approved. The motion
carried by the following vote:
Aye: 7 - Soria, Brandau, Baines III, Caprioglio, Chavez, Bredefeld and
Olivier
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City Council Meeting Minutes - Final October 11, 2018
1. CONSENT CALENDAR
APPROVAL OF THE CONSENT CALENDAR
Upon call, there was no public comment.
On motion of Councilmember Caprioglio, seconded by
Councilmember Olivier, the CONSENT CALENDAR was hereby
adopted by the following vote:
Aye: 7 - Soria, Brandau, Baines III, Caprioglio, Chavez, Bredefeld and
Olivier
1-A ID18-1158 Approve the reappointment of Delfino Neira to the Fresno Regional
Workforce Development Board
This Appointment was approved on the Consent Calendar.
1-B ID18-1071 Authorize the Chief of Police to enter into a Memorandum of Understanding
with the Fresno County Economic Opportunities Commission for the
removal of tattoos from gang-affiliated individuals choosing to abandon the
gang lifestyle and victims of human trafficking
This Action Item was approved on the Consent Calendar.
1-C ID18-1137 Approve a Second Amendment to Agreement for the Professional
Consultant Services Agreement with CDM Smith, Inc., (CDM), in the
amount of $84,400 and extension to March 31, 2019, for the design and
implementation of Phase 3 Groundwater Remedial Action for the Fresno
Sanitary Landfill (FSL) (Council District 3)
The above item was pulled from the Consent Calendar by Councilmember
Bredefeld and moved to the Contested Consent Calendar.
1-D ID18-1153
***RESOLUTION - Of Intention by the Council of the City of Fresno,
California, to grant a Non-Exclusive Franchise for roll-off collection services
to BinCo within the City of Fresno and setting the public hearing for
November 15, 2018 (Citywide) (Subject to Mayor’s Veto)
RESOLUTION 2018-238 ADOPTED
1-E ID18-1154
Approve Amendment No. 4 to the Copper River Ranch Water Supply
Implementation Agreement approved by Fresno City Council on November
17, 2016 (Council District 6)
This Action Item was approved on the Consent Calendar.
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1-F ID18-1142 Actions pertaining to the Bridge Preventive Maintenance Program, Phase
1 project - Bid File No 3605
1. Adopt a finding of Categorical Exemption per staff determination,
pursuant to Section 15301 of the California Environmental Quality Act
Guidelines for the Bridge Preventive Maintenance Program, Phase 1
project
2. Award a construction contract in the amount of $255,715 to American
Paving Company for the Bridge Preventive Maintenance Program,
Phase 1 project (Council Districts 3,5, and 7)
This Action Item was approved on the Consent Calendar.
1-G ID18-1167 Actions pertaining to the dedication of a portion of City-owned property for
the purpose of providing a public street easement to accommodate
existing public streets on Kern Street and Mono Street between the Union
Pacific Railroad right-of-way and “H” Street. (Council District 3)
1. Adopt a finding of Categorical Exemption pursuant to Section
15301/Class 1 (existing facility) of the CEQA Guidelines
2. ***RESOLUTION - Dedicating a portion of City-owned property for
the purpose of providing a public street easement to accommodate
existing public streets on Kern Street and Mono Street between the
Union Pacific Railroad right-of-way and “H” Street. (Subject to
Mayor’s Veto)
RESOLUTION 2018-239 ADOPTED
This Action Item was approved on the Consent Calendar.
1-H ID18-1169 Approve an agreement with Provost & Pritchard Consulting Group of
Fresno, CA in the amount of $77,200 with a contingency amount not to
exceed $5,000 for the design of plans, cost estimates, general construction
documents, bidding assistance and contract administration for the Melody
Park Splash Pad project. (Council District 4)
This Action Item was approved on the Consent Calendar.
I-I ID18-1146 Reject the proposal for Water Fountain Maintenance Services, Proposal
No. 9434 (Council District 3)
This Action Item was approved on the Consent Calendar.
1-J ID18-1145 Approve the award of a purchase contract to Swanson-Fahrney Ford for
the purchase of six Ford F-350 cab and chassis trucks in the amount of
$165,214.74
This Action Item was approved on the Consent Calendar.
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1-K ID18-1148 Approve the award of a one-year contract to Van De Pol Enterprises, Inc.,
of Fresno, California in the amount of $188,779.45, for the supply of motor
oils and lubricants - Bid File 9458
This Action Item was approved on the Consent Calendar.
1-L ID18-1147
Actions related to the Third Amendment to the Airport Lease Agreement
with D&D Aircraft Services:
1. Adopt a finding of Categorical Exemption pursuant to Article 19,
Section 15301/Class 1 (Existing Facilities) of the California
Environmental Quality Act (CEQA) Guidelines to authorize Lease
Amendment No. 3.
2. Approve Lease Amendment No. 3 between the City of Fresno and
D&D Aircraft Services, Inc., at Fresno Chandler Executive Airport.
(Council District 3)
This Action Item was approved on the Consent Calendar.
1-M ID18-1149 Approve the first amendment to the agreement between the City of Fresno
and State Center Community College District (SCCCD) to continue
acceptance of the SCCCD issued identification cards for access on FAX
fixed-route buses
The above item was pulled from the Consent Calendar by Council President
Soria and moved to the Contested Consent Calendar for further discussion.
1-N ID18-1163 Authorize the Director of the Development and Resource Management
Department or designee to sign the Consulting Services Agreement for
$150,000 with Byrne Software Technologies, Inc. effective September 28,
2018, to December 31, 2019, for Professional services for Accela System
Support.
The above item was pulled from the Consent Calendar by Councilmember
Bredefeld and moved to the Contested Consent Calendar for further
discussion.
1-O ID18-1205 ***BILL NO. B-54 - (Intro. 9/27/2018) (For adoption) - Amending the
uncodified ordinance to adopt changes and additions to the official list of
designated special speed zones for various streets within the City of
Fresno pursuant to Section 14-1501 of the Fresno Municipal Code
(Citywide) (Subject to Mayor’s veto)
ORDINANCE 2018-56 ADOPTED
This Action Item was approved on the Consent Calendar.
CEREMONIAL PRESENTATIONS
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ID18-1010 Proclamation of “Disability Awareness Month” and Recognition of the
Disability Advisory Commission Award Recipients
PRESENTED
ID18-1193 Proclamation of “Code Enforcement Officer Appreciation Week”
PRESENTED
2. SCHEDULED COUNCIL HEARINGS AND MATTERS
9:30 A.M.
ID18-1176 RESOLUTION - of the Council of the City of Fresno,
California, naming the Conference Room at Fresno
Yosemite International Airport the “Nick Palomares Room”
RESOLUTION 2018-240 ADOPTED
On motion of Councilmember Caprioglio, seconded by President
Soria, the above item was approved. The motion carried by the
following vote:
Aye: 7 - Soria, Brandau, Baines III, Caprioglio, Chavez, Bredefeld and
Olivier
APPROVE MINUTES
18-0039 Approval of minutes from September 27, 2018.
On motion of Councilmember Olivier, seconded by Councilmember
Caprioglio, the above item was approved. The motion carried by the
following vote:
Aye: 7 - Soria, Brandau, Baines III, Caprioglio, Chavez, Bredefeld and
Olivier
COUNCILMEMBER REPORTS AND COMMENTS
Councilmember Caprioglio reported that District 4 had its first coffee with a
cop event. It’s a new program that we are trying to institute across the city.
This is creating a relationship that will last a long time. He thanked the
Northwest Policing District and the Fresno State Police for their hard work
and McDonald’s for hosting the event on October 3, 2018. A news clip of
the event was shown. The next event is scheduled for October 17, 2018,
between 8 a.m. and 10 a.m. at Chick fil a on Shaw and First.
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Council President Soria said a big thank you to all of the partners who made
the first ever District 1 Fall Festival at Inspiration Park a success last month.
There was over 800 folks in attendance. She thanked the Fresno City
Firefighters, Local 753 for donating and cooking the food for the event. She
thanked the Parks Department for making the park accessible and for their
hard work. She also thanked all of the local and non-profits that showed up
and provided invaluable information to the residents. Council President
Soria announced that she has also been doing Coffee and Conversations for
four years throughout District 1. This past Tuesday they had one of the
District 1 meetings at Starbucks on Shaw and Feland. Council President
Soria thanked Captain Burke Farrah who was out there, and she stated that
the presence of our police officers out in our community events is very
critical. She announced that the next event will take place in the Tower
District on Tuesday, October 30, 2018 at 7:30 a.m. at The Revue on Olive.
Council President Soria also made a comment and a statement to her
council colleagues, regarding item 3-C which is anticipated sale and
revenue. She won’t be able to participate in the actual action; however the
council will be making a decision on the sale of city property. If approved,
she would like to start a conversation regarding the anticipated revenue,
adding her understanding was that there are no current obligations for the
current sales proceeds. She would like to make a recommendation that the
revenues be allocated to public safety.
CONTESTED CONSENT CALENDAR
1-C ID18-1137 Approve a Second Amendment to Agreement for the Professional
Consultant Services Agreement with CDM Smith, Inc., (CDM), in the
amount of $84,400 and extension to March 31, 2019, for the design and
implementation of Phase 3 Groundwater Remedial Action for the Fresno
Sanitary Landfill (FSL) (Council District 3)
The above item was introduced to Council by Assistant Director Schuber,
Public Utilities Department.
Councilmember Bredefeld asked Assistant Director Schuber to explain the
increase in the cost. Assistant Director Schuber said that the cost increased
due to some equipment that wasn't supported by the devices that were
already installed, so they had to do an upgrade. Also there was a time
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City Council Meeting Minutes - Final October 11, 2018
extension for items that they did not anticipate.
Upon call, there was no public comment.
On motion of Councilmember Bredefeld, seconded by
Councilmember Olivier, the above item was approved. The motion
carried by the following vote:
Aye: 7 - Soria, Brandau, Baines III, Caprioglio, Chavez, Bredefeld and
Olivier
1-N ID18-1163 Authorize the Director of the Development and Resource Management
Department or designee to sign the Consulting Services Agreement for
$150,000 with Byrne Software Technologies, Inc. effective September 28,
2018, to December 31, 2019, for Professional services for Accela System
Support.
The above item was introduced by Director Clark, DARM Department.
Councilmember Bredefeld asked how much did the City pay for the Accela
program. Director Clark responded a little over $3 million dollars for the
program that included the design of the structure of the program, all of the
data transfer (20+ years worth of data), and the migration of the data. This
particular contract is with a consultant who is licensed and certified to work
on Accela systems and help the department with reports, record types,
specific fixes and workflow changes.
Councilmember Bredefeld questioned the $150,000 and Director Clark
clarified that they are asking to accept the contract for $150,000 and to
authorize up to an additional $50,000 in case they need it over the course of
the year. There was discussion regarding the additional $50,000 and some
of the councilmembers felt more comfortable if staff came back to council if
and when they needed the additional funding. There was discussion on
whether or not staff needed to come back to council for the additional
$50,000. The City Attorney clarified that anytime the total amount is over
$50,000, it must come to council.
Council President Soria asked to make an amendment to the motion to
include that if the additional $50,000 is needed that staff would come back
to council for approval. The amendment was accepted by the maker and the
second of the motion.
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On motion of Councilmember Baines III, seconded by Councilmember
Chavez, the above item was approved as amended. The motion
carried by the following vote:
Aye: 6 - Soria, Baines III, Caprioglio, Chavez, Bredefeld and Olivier
Absent: 1 - Brandau
1-M ID18-1149 Approve the first amendment to the agreement between the City of Fresno
and State Center Community College District (SCCCD) to continue
acceptance of the SCCCD issued identification cards for access on FAX
fixed-route buses
Council President Soria called this item up for discussion and recused
herself due to a conflict.
The above item was introduced to Council by Interim Director Barfield,
Transportation Department stating that this item is an amendment to an
existing agreement between the City of Fresno and the State Center
Community College District (SCCCD) to continue acceptance of the SCCCD
issued identification cards for access on FAX fixed route buses.
When called, there was no public comment.
On motion of Councilmember Bredefeld, seconded by
Councilmember Olivier, the above item was approved. The motion
carried by the following vote:
Aye: 5 - Baines III, Caprioglio, Chavez, Bredefeld and Olivier
Absent: 1 - Brandau
Recused: 1 - Soria
10:00 A.M.
ID18-1173 Appearance by Gonzalo Arambula to discuss the Police and Sheriff’s
Departments
NOT PRESENT WHEN CALLED
3. GENERAL ADMINISTRATION
3-A ID18-1160
Approve Amendment No. 2 to the Parking Lot Management Agreement
with SP Plus Corporation at Fresno Yosemite International Airport to
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extend the term of the agreement, update management fees for the
extended term and expense provisions. (Council District 4)
The above item was introduced by Director Meikle, of the Aviation
Department. He explained that this was an extension of an existing
contract.
Councilmember Chavez was away from the dais from 10:09am - 10:11am.
Upon call, there was no public comment.
On motion of Councilmember Caprioglio, seconded by
Councilmember Olivier, the above item was approved. The motion
carried by the following vote:
Aye: 6 - Soria, Brandau, Baines III, Caprioglio, Bredefeld and Olivier
Absent: 1 - Chavez
3-B ID18-1112 BILL - (For introduction) Adding Article 33 to Chapter 9 of the Fresno
Municipal Code, relating to Shared Mobility Devices
The above item was introduced by Assistant City Manager Schaad.
Councilmember Baines was away from the dais from 10:25am - 10:30am.
Councilmember Caprioglio requested this item be continued for two weeks
in order to give him time to speak with Dr. Castro at Fresno State and
engage him and other stakeholder to get their input on the policy. He
doesn't have an issue with discussing the policy, but he would like to hold
off on voting on this item for two weeks.
Councilmember Olivier would like to see a vote on this item today.
Councilmember Olivier asked Katie Stevens, Sr. Director for Strategic
Development for Lime to come up and speak. Ms. Stevens gave the council
an overview of what her company has to offer the City of Fresno and talked
about the other cities they operate in.
There was a discussion regarding what other entities need to be included
besides Fresno State. Councilmember Olivier asked Mr. Salinas, Executive
Director of Governmental Relations at Fresno State to speak. Mr. Salinas
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City Council Meeting Minutes - Final October 11, 2018
conveyed that President Castro is wanting more time to have a full
discussion and to meet with Councilmember Caprioglio, the City Manager
and staff to see how the ordinance can apply to the University.
Councilmember Olivier called up Marty Fatoo, Government Partnership with
Bird. Bird is active in 85 U.S. cities and they are also active internationally.
He went on to speak more about Bird and what they have to offer the City of
Fresno.
Councilmember Olivier asked if the maker and second of the motion would
be willing to pass the ordinance today and leave out Fresno State to
negotiate at a later time. The maker of the motion did not accept the
amendment from Councilmember Olivier.
More discussion ensued regarding safety, where the bikes are allowed to
operate and park, and what the liability to the City would be. Some of the
councilmembers felt the issues pertaining to the proposed regulation of the
scooters was too much and want to see it scaled back. There was also
questions regarding the scooters being stolen or missing and the statistics
on this information from other cities.
This item was continued to the October 25, 2018 meeting as a timed item.
On motion of Councilmember Caprioglio, seconded by
Councilmember Chavez, the above item was continued as noted. The
motion carried by the following vote:
Aye: 7 - Soria, Brandau, Baines III, Caprioglio, Chavez, Bredefeld and
Olivier
PLEASE NOTE: UNSCHEDULED COMMUNICATION IS NOT SCHEDULED FOR A
SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING
UNSCHEDULED COMMUNICATION
The following people spoke during Unscheduled Communication:
Mary Murray and Hector Cerda spoke regarding the parking issuein the
neighborhood near the Veteran's Hospital.
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Councilmember Bredefeld was away from the dais from 11:12am - 11:15am;
Councilmember Olivier was away from the dais from 11:15am - 11:30am
Councilmember Bredefeld wanted to clarify if the enforcement would be
suspended. Thomas Gaffrey, Parking Manager stated that as part of the
implementation the City can suspend enforcement in the Southwest corner
of the neighborhood (Clinton, Fresno St and Hwy 41) while this issue is
being discussed.
Councilmember Brandau added that when this item comes back, the
Council needs to talk about conquering the real problem, the VA and the
lack of parking spaces available.
Councilmember Olivier announced that he would bring back an agenda item
to give Council and the citizens an update on the parking around the VA
Hospital.
David Love also spoke regarding District 5 and the upcoming election.
3-C ID18-1138 Actions pertaining to the sale of APN 467-040-20ST & 467-040-22ST
consisting of approximately a 216,493 square foot surface parking lot
located on H Street between Kern and Mono to Fresno Sports & Events
Partners LLC:
1. Adopt a finding of Categorical Exemption pursuant to Section
15301/Class 1 of the California Environmental Quality Act (CEQA)
Guidelines
2. Approve the Purchase and Sale Agreement for approximately a
216,493 square foot surface parking lot located on H Street between
Kern and Mono to Fresno Sports & Events Partners LLC for
$1,900,000 (District 3)
The item above was introduced by Deputy City Manager Gloria.
Council President Soria left the dais and recused herself from this item due
to a conflict. Council President Soria was away from the dais from 11:18am
- 11:33a.m.
Deputy City Manager Gloria stated that in regards to the Council President's
previous comment regarding the proceeds, per the staff report, the proceeds
will be deposited into the Asset Sale Reserve Funds per the Reserve
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City Council Meeting Minutes - Final October 11, 2018
Management Act.
Councilmember Bredefeld stated that the council should decide how the
proceeds from this sale should be used. He recommended the money go to
public safety (Fire/Police) particularly towards the 911 dispatchers. He
requested a workshop for the next council meeting from Fire and Police to
express their needs. He requested that this be a timed item with he and
Council President Soria as the sponsors. He also requested that staff return
in two weeks with budget amendments on how to appropriate those funds
for public safety.
City Manager Quan-Schecter called upon Controller Lima to explain the
action council previously took regarding the Reserve Management Act.
Controller Lima stated that on December 7, 2017, the council previously
took action to amend the Reserve Management Act which addresses the
funds from asset sales. He also stated that $1.9 million dollars from the
sale will go into the asset sales and reserve fund. The Reserve
Management Act says the funds will be spent down over a period of 5-10
years. The topic of spending the $1.9 million dollars will come to council as
part of the budget and how it will be spent. The act says that 10% of the
money has to go to Capital Projects and the other 90% can go to operating
funds.
There was discussion regarding the Reserve Management Act and if council
could change or amend the Act in order to use the $1.9 million dollars. City
Attorney Sloan stated that an Act approved by council can be changed by
council. Councilmember Bredefeld made his request again to have a
workshop at the next meeting.
Councilmember Baines made a motion to approve staff's recommendation.
Councilmember Baines believes that the most appropriate time to address
budget needs is during the budget process. More discussion ensued
regarding the needs of the departments, and mid-year budget.
Upon call, there was no public comment.
On motion of Councilmember Baines III, seconded by Councilmember
Caprioglio, that the above Action Item be approved. The motion
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carried by the following vote:
Aye: 6 - Brandau, Baines III, Caprioglio, Chavez, Bredefeld and
Olivier
Recused: 1 - Soria
3-D ID18-1157
Actions related to initiating the Proposition 218 process for proposed
changes to the schedule of rates for water, wastewater and solid waste
services:
1. Direct City staff to initiate the Proposition 218 process for proposed
changes to rates for water, wastewater and solid waste services,
and
2. Set public hearings regarding proposed changes to rates for water,
wastewater, and solid waste services to December 6, 2018, at 5:00
p.m.
Prior to introducing item 3-D, Councilmember Olivier announced that he
was able to meet with the neighbors, the Planning Department and the
Parking Department regarding the parking issue in the neighborhood around
the Veteran's hospital. He believes they have worked out a solution and he
will be sharing the solution when this item comes back to the council at the
next meeting. He thanked his collegues for being patient.
The above item was introduced by Director Carbajal, Public Utilities
Department.
When called, there was no public comment.
Councilmember Baines stated that he will be supportive of this item and
explained why. He is concerned that the item may not have the support it
needs to pass. Councilmember Baines asked Director Carbajal several
questions regarding this item.
Council President Soria recessed the meeting at 12:04 p.m for lunch.
4. CITY COUNCIL
4-A ID18-1171 Actions related to Fancher Creek Parkway:
1. ***RESOLUTION - Adopting the Fancher Creek Parkway Act. (Subject
to Mayor’s veto)
2. RESOLUTION - Initiating the Fancher Creek Parkway Concept Plan
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City Council Meeting Minutes - Final October 11, 2018
Pursuant to Fresno Municipal Code Section 15-4902-B
The meeting reconvened at 1:48 p.m.
The above item was introduced by Councilmember Chavez.
Upon call, there was no public comment.
Councilmember Baines was away from the dais from 1:48pm to 1:53pm.
On motion of Councilmember Chavez, seconded by Councilmember
Caprioglio, the above item was approved. The motion carried by the
following vote:
Aye: 6 - Soria, Brandau, Caprioglio, Chavez, Bredefeld and Olivier
Absent: 1 - Baines III
3-D ID18-1157
Actions related to initiating the Proposition 218 process for proposed
changes to the schedule of rates for water, wastewater and solid waste
services:
1. Direct City staff to initiate the Proposition 218 process for proposed
changes to rates for water, wastewater and solid waste services,
and
2. Set public hearings regarding proposed changes to rates for water,
wastewater, and solid waste services to December 6, 2018, at 5:00
p.m.
Discussion and/or action on this item was resumed from earlier today.
Councilmember Caprioglio was away from the dais from 1:49 p.m. to 1:52
p.m.
Some of the comments from the councilmembers included support for the
item, others were concerned about the timing of this rate increase, some
were concerned over the existing tax items on the November election ballot
and how some citizens are already struggling economically. There were
also concerns regarding the lack of community involvement prior to
initiating the Prop 218 process, and the promises that were made in 2015
that were not kept. Other concerns were the lack of community outreach,
the lack of energy cost savings and the low income program.
On motion of Councilmember Baines III, seconded by Councilmember
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City Council Meeting Minutes - Final October 11, 2018
Caprioglio, that the above Action Item be approved. The motion
FAILED by the following vote:
Aye: 3 - Baines III, Caprioglio and Olivier
No: 4 - Soria, Brandau, Chavez and Bredefeld
5. CLOSED SESSION
The City Council recessed into Closed Session at 2:38pm to 3:43pm. There
were no announcements after the Closed Session.
5-A ID18-1122 CONFERENCE WITH LABOR NEGOTIATOR - Government Code
Section 54957.6
City Negotiator(s): Jeffrey Cardell, Ken Phillips
Employee Organization:
Amalgamated Transit Union, Local 1027 (ATU)
DISCUSSED
5-B ID18-1144 CONFERENCE WITH LEGAL COUNSEL-DECIDING WHETHER TO
INITIATE LITIGATION - Government Code Section 54956.9, subdivision (d)
(4)
1. City of Fresno v. Sticky Fingers Delivery, People’s Cure Inc., One OZ 88,
and Green Leaf
DISCUSSED
5-C ID18-1184 CONFERENCE WITH LEGAL COUNSEL-POTENTIAL LITIGATION -
Government Code Section 54956.9(d)(2)
1. Shaun Schaefer v. City of Fresno
DISCUSSED
ADJOURNMENT
The meeting was adjourned at 2:38 p.m.
The Council met in closed session from 2:45 p.m. to 3:43 p.m.
The above minutes were approved by unanimous vote of the City Council
during the October 25, 2018 City Council meeting with Councilmember
Baines absent.
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City Council Meeting Minutes - Final October 11, 2018
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Agenda
City of Fresno
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
Meeting Agenda - Final-revised
Thursday, October 11, 2018
9:00 AM
Regular Meeting
Council Chambers
City Council
President - Esmeralda Z. Soria
Vice President - Steve Brandau
Councilmembers:
Oliver L. Baines, III, Paul Caprioglio, Luis Chavez, Garry Bredefeld, Clinton J.
Olivier
City Manager - Wilma Quan-Schecter
City Attorney - Douglas T. Sloan
City Clerk - Yvonne Spence, MMC
City Council Meeting Agenda - October 11, 2018
Final-revised
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 - October 11, 2018
Final-revised
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
City of Fresno ***Subject to Mayoral Veto Page 3
City Council Meeting Agenda - October 11, 2018
Final-revised
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 - October 11, 2018
Final-revised
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 - October 11, 2018
Final-revised
9:00 A.M. ROLL CALL
Invocation
Pledge of Allegiance to the Flag
APPROVE AGENDA
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 ID18-1158 Approve the reappointment of Delfino Neira to the Fresno
Regional Workforce Development Board
Sponsors: Council President Soria
1-B ID18-1071 Authorize the Chief of Police to enter into a Memorandum of
Understanding with the Fresno County Economic
Opportunities Commission for the removal of tattoos from
gang-affiliated individuals choosing to abandon the gang
lifestyle and victims of human trafficking
Sponsors: Police Department
1-C ID18-1137 Approve a Second Amendment to Agreement for the
Professional Consultant Services Agreement with CDM
Smith, Inc., (CDM), in the amount of $84,400 and extension
to March 31, 2019, for the design and implementation of
Phase 3 Groundwater Remedial Action for the Fresno
Sanitary Landfill (FSL) (Council District 3)
Sponsors: Department of Public Utilities
1-D ID18-1153 ***RESOLUTION - Of Intention by the Council of the City of
Fresno, California, to grant a Non-Exclusive Franchise for
roll-off collection services to BinCo within the City of Fresno
and setting the public hearing for November 15, 2018
City of Fresno ***Subject to Mayoral Veto Page 6
City Council Meeting Agenda - October 11, 2018
Final-revised
(Citywide) (Subject to Mayor’s Veto)
Sponsors: Department of Public Utilities
1-E ID18-1154 Approve Amendment No. 4 to the Copper River Ranch Water
Supply Implementation Agreement approved by Fresno City
Council on November 17, 2016 (Council District 6)
Sponsors: Department of Public Utilities
1-F ID18-1142 Actions pertaining to the Bridge Preventive Maintenance
Program, Phase 1 project - Bid File No 3605
1. Adopt a finding of Categorical Exemption per staff
determination, pursuant to Section 15301 of the California
Environmental Quality Act Guidelines for the Bridge
Preventive Maintenance Program, Phase 1 project
2. Award a construction contract in the amount of $255,715
to American Paving Company for the Bridge Preventive
Maintenance Program, Phase 1 project (Council Districts 3,5,
and 7)
Sponsors: Public Works Department
1-G ID18-1167 Actions pertaining to the dedication of a portion of City-owned
property for the purpose of providing a public street
easement to accommodate existing public streets on Kern
Street and Mono Street between the Union Pacific Railroad
right-of-way and “H” Street. (Council District 3)
1. Adopt a finding of Categorical Exemption pursuant to
Section 15301/Class 1 (existing facility) of the CEQA
Guidelines
2. ***RESOLUTION - Dedicating a portion of City-owned
property for the purpose of providing a public street
easement to accommodate existing public streets on Kern
Street and Mono Street between the Union Pacific Railroad
right-of-way and “H” Street. (Subject to Mayor’s Veto)
Sponsors: Public Works Department
1-H ID18-1169 Approve an agreement with Provost & Pritchard Consulting
Group of Fresno, CA in the amount of $77,200 with a
contingency amount not to exceed $5,000 for the design of
plans, cost estimates, general construction documents,
City of Fresno ***Subject to Mayoral Veto Page 7
City Council Meeting Agenda - October 11, 2018
Final-revised
bidding assistance and contract administration for the Melody
Park Splash Pad project. (Council District 4)
Sponsors: Public Works Department
I-I ID18-1146 Reject the proposal for Water Fountain Maintenance
Services, Proposal No. 9434 (Council District 3)
Sponsors: Public Works Department
1-J ID18-1145 Approve the award of a purchase contract to
Swanson-Fahrney Ford for the purchase of six Ford F-350
cab and chassis trucks in the amount of $165,214.74
Sponsors: Department of Transportation
1-K ID18-1148 Approve the award of a one-year contract to Van De Pol
Enterprises, Inc., of Fresno, California in the amount of
$188,779.45, for the supply of motor oils and lubricants - Bid
File 9458
Sponsors: Department of Transportation
1-L ID18-1147 Actions related to the Third Amendment to the Airport Lease
Agreement with D&D Aircraft Services:
1. Adopt a finding of Categorical Exemption pursuant to
Article 19, Section 15301/Class 1 (Existing Facilities) of the
California Environmental Quality Act (CEQA) Guidelines to
authorize Lease Amendment No. 3.
2. Approve Lease Amendment No. 3 between the City of
Fresno and D&D Aircraft Services, Inc., at Fresno Chandler
Executive Airport. (Council District 3)
Sponsors: Airports Department
1-M ID18-1149 Approve the first amendment to the agreement between the
City of Fresno and State Center Community College District
(SCCCD) to continue acceptance of the SCCCD issued
identification cards for access on FAX fixed-route buses
Sponsors: Department of Transportation
1-N ID18-1163 Authorize the Director of the Development and Resource
Management Department or designee to sign the Consulting
Services Agreement for $150,000 with Byrne Software
City of Fresno ***Subject to Mayoral Veto Page 8
City Council Meeting Agenda - October 11, 2018
Final-revised
Technologies, Inc. effective September 28, 2018, to
December 31, 2019, for Professional services for Accela
System Support.
Sponsors: Development and Resource Management Department
1-O ID18-1205 ***BILL NO. B-54 - (Intro. 9/27/2018) (For adoption) -
Amending the uncodified ordinance to adopt changes and
additions to the official list of designated special speed zones
for various streets within the City of Fresno pursuant to
Section 14-1501 of the Fresno Municipal Code (Citywide)
(Subject to Mayor’s veto)
Sponsors: Public Works Department
CEREMONIAL PRESENTATIONS
ID18-1010 Proclamation of “Disability Awareness Month” and
Recognition of the Disability Advisory Commission Award
Recipients
Sponsors: Mayor's Office and City Manager's Office
ID18-1193 Proclamation of “Code Enforcement Officer Appreciation
Week”
Sponsors: Council President Soria
APPROVE MINUTES
18-0039 Approval of minutes from September 27, 2018.
Sponsors: City Clerk's Office
COUNCILMEMBER REPORTS AND COMMENTS
CONTESTED CONSENT CALENDAR
2. SCHEDULED COUNCIL HEARINGS AND MATTERS
9:30 A.M.
ID18-1176 RESOLUTION - of the Council of the City of Fresno,
California, naming the Conference Room at Fresno Yosemite
International Airport the “Nick Palomares Room”
City of Fresno ***Subject to Mayoral Veto Page 9
City Council Meeting Agenda - October 11, 2018
Final-revised
Sponsors: Council Member Caprioglio and Airports Department
10:00 A.M.
ID18-1173 Appearance by Gonzalo Arambula to discuss the Police and
Sheriff’s Departments
3. GENERAL ADMINISTRATION
3-A ID18-1160 Approve Amendment No. 2 to the Parking Lot Management
Agreement with SP Plus Corporation at Fresno Yosemite
International Airport to extend the term of the agreement,
update management fees for the extended term and expense
provisions. (Council District 4)
Sponsors: Airports Department
3-B ID18-1112 BILL - (For introduction) Adding Article 33 to Chapter 9 of the
Fresno Municipal Code, relating to Shared Mobility Devices
Sponsors: Public Works Department
3-C ID18-1138 Actions pertaining to the sale of APN 467-040-20ST &
467-040-22ST consisting of approximately a 216,493 square
foot surface parking lot located on H Street between Kern
and Mono to Fresno Sports & Events Partners LLC:
1. Adopt a finding of Categorical Exemption pursuant to
Section 15301/Class 1 of the California Environmental
Quality Act (CEQA) Guidelines
2. Approve the Purchase and Sale Agreement for
approximately a 216,493 square foot surface parking lot
located on H Street between Kern and Mono to Fresno
Sports & Events Partners LLC for $1,900,000 (District 3)
Sponsors: City Manager's Office
3-D ID18-1157 Actions related to initiating the Proposition 218 process for
proposed changes to the schedule of rates for water,
wastewater and solid waste services:
1. Direct City staff to initiate the Proposition 218 process for
proposed changes to rates for water, wastewater and solid
waste services, and
2. Set public hearings regarding proposed changes to rates
City of Fresno ***Subject to Mayoral Veto Page 10
City Council Meeting Agenda - October 11, 2018
Final-revised
for water, wastewater, and solid waste services to December
6, 2018, at 5:00 p.m.
Sponsors: Department of Public Utilities
4. CITY COUNCIL
4-A ID18-1171 Actions related to Fancher Creek Parkway:
1. ***RESOLUTION - Adopting the Fancher Creek Parkway
Act. (Subject to Mayor’s veto)
2. RESOLUTION - Initiating the Fancher Creek Parkway
Concept Plan Pursuant to Fresno Municipal Code Section 15
-4902-B
Sponsors: Council Member Chavez
5. CLOSED SESSION
5-A ID18-1122 CONFERENCE WITH LABOR NEGOTIATOR - Government
Code Section 54957.6
City Negotiator(s): Jeffrey Cardell, Ken Phillips
Employee Organization:
Amalgamated Transit Union, Local 1027 (ATU)
Sponsors: Personnel Services Department
5-B ID18-1144 CONFERENCE WITH LEGAL COUNSEL-DECIDING
WHETHER TO INITIATE LITIGATION - Government Code
Section 54956.9, subdivision (d)(4)
1. City of Fresno v. Sticky Fingers Delivery, People’s Cure
Inc., One OZ 88, and Green Leaf
Sponsors: City Attorney's Office
5-C ID18-1184 CONFERENCE WITH LEGAL COUNSEL-POTENTIAL
LITIGATION - Government Code Section 54956.9(d)(2)
1. Shaun Schaefer v. City of Fresno
Sponsors: City Attorney's Office and Council Member Caprioglio
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
City of Fresno ***Subject to Mayoral Veto Page 11
City Council Meeting Agenda - October 11, 2018
Final-revised
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
OCTOBER 18, 2018 - 9:00 A.M. MEETING
OCTOBER 25, 2018
10:00 A.M. - WORKSHOP re: Citizens’ Public Safety Advisory Board 2018 Quarter
Report
OCTOBER 25, 2018
10:00 AM - 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. 94 (Final Tract Map No. 5558) (northwest corner of West Herndon
Avenue and North Riverside Drive) (Council District 2)
OCTOBER 25, 2018
10:05 A.M. - TEFRA HEARING requested by CMFA (California Municipal Finance
Authority) regarding a bond transaction for California Armenian Home
OCTOBER 25, 2018
10:10 A.M. - CONTINUED HEARING – To vacate a street, pipeline, and utility
easement in Lot 8 of Tract Map No. 4043. (Council District 1)
November 1, 2018 - 9:00 A.M. MEETING
November 8, 2018
10:00 A.M. - TEFRA HEARING regarding a bond transaction for the Hotel Fresno.
NOVEMBER 15, 2018
10:00 AM #1 - HEARING to adopt resolutions and ordinance to annex territory and
City of Fresno ***Subject to Mayoral Veto Page 12
City Council Meeting Agenda - October 11, 2018
Final-revised
levy a special tax regarding City of Fresno Community Facilities District No. 11,
Annexation No. 95 (Final Tract Map No. 5493) (east side of North Bryan Avenue
between West Shaw and Gettysburg Avenues) (Council District 1)
NOVEMBER 15, 2018
10:00 AM #2 - HEARING to grant a Non-Exclusive Franchise for roll-off collection
services within the City of Fresno
NOVEMBER 22, 2018 - NO MEETING
NOVEMBER 29, 2018 - NO MEETING
DECEMBER 6, 2018
5:00 P.M. - HEARING - Proposition 218 for proposed changes to rates for water,
wastewater and solid waste services
UPCOMING EMPLOYEE CEREMONIES
OCTOBER 18, 2018 - Employee of the Fall Quarter
NOVEMBER 7, 2018 (Wednesday) - Employee Service Awards
2018 CITY COUNCIL MEETING SCHEDULE
OCTOBER 18, 2018 - 9:00 A.M. MEETING
OCTOBER 25, 2018 - 9:00 A.M. MEETING
NOVEMBER 1, 2018 - 9:00 A.M. MEETING
NOVEMBER 8, 2018 - 9:00 A.M. MEETING
NOVEMBER 15, 2018 - 9:00 A.M. MEETING
NOVEMBER 22, 2018 - NO MEETING
NOVEMBER 29, 2018 - NO MEETING
City of Fresno ***Subject to Mayoral Veto Page 13
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