Muyni
← Back to Fresno

City Council

Regular Meeting

Fresno, CA · April 4, 2019

AgendaMinutes

Minutes

City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Meeting Minutes - Final Thursday, April 4, 2019 9:00 AM Regular Meeting Council Chambers City Council President - Steve Brandau Vice President - Miguel Angel Arias Councilmembers: Esmeralda Z. Soria, Paul Caprioglio, Luis Chavez, Garry Bredefeld, Nelson Esparza City Manager - Wilma Quan City Attorney - Douglas T. Sloan City Clerk - Yvonne Spence, MMC City Council Meeting Minutes - Final April 4, 2019 The City Council met in regular session in the Council Chamber, City Hall on the date and time written above. 9:11 A.M. ROLL CALL Present: 5 - Vice President Miguel Angel Arias Councilmember Esmeralda Z. Soria President Paul Caprioglio Councilmember Garry Bredefeld Councilmember Nelson Esparza Absent: 1 - Councilmember Luis Chavez Invocation by Pastor Will Stoll from the Northwest Church Pledge of Allegiance to the Flag APPROVE AGENDA Assistant City Clerk Parra announced the following changes to the agenda: File ID 19-1455 (Ceremonial) - Proclamation of "CA Friday Night Live Month" was removed from the agenda by staff and continued to the April 25, 2019 agenda, File ID 19-1446 (3-C) - Resolution - Adopting a list of proposed Public Works projects to be submitted for Senate Bill 1 Road Maintenance and Rehabilitation Account funds for City of Fresno Fiscal Year 2020 was removed from the agenda by staff and continued to the April 11, 2019 agenda, and there was a correction read into the record for File ID 19-1412 (1-F) - "Paragraph 7(b) of the Agreement for Purchase and Sale of Street Easement and Escrow Instructions should state that Items 6 through 17 are excepted from the standard title insurance policy, instead of Items 8 through 17. This is a non-substantive change." On motion of Councilmember Caprioglio, seconded by Councilmember Soria, the above item was adopted as amended. The motion carried by the following vote: Aye: 6 - Brandau, Arias, Soria, Caprioglio, Bredefeld and Esparza Absent: 1 - Chavez APPROVE MINUTES ID19-1390 Approval of minutes for March 21, 2019. On motion of Vice President Arias, seconded by Councilmember City of Fresno ***Subject to Mayoral Veto Page 2 City Council Meeting Minutes - Final April 4, 2019 Caprioglio, that the above Minutes be approved. The motion carried by the following vote: Aye: 6 - Brandau, Arias, Soria, Caprioglio, Bredefeld and Esparza Absent: 1 - Chavez CEREMONIAL PRESENTATIONS ID19-1473 Presentation of the SPCA Pet of the Month PRESENTED ID19-1382 Proclamation of “Red Cross Month” PRESENTED ID19-1442 Proclamation of “Grizzlies Opening Day” PRESENTED ID19-1455 Proclamation of “CA Friday Night Live Month” The above proclamation was removed from the agenda by staff and continued to April 25, 2019. COUNCILMEMBER REPORTS AND COMMENTS Councilmember Soria reported that the State Center Community College District Board approved the design-built process for a parking structure at Fresno City College (FCC). Construction will begin in 2020 and the structure will have 1,000 parking stalls serving students, faculty, and staff. She thanked the residents, Board trustees, and FCC President Goldsmith for their support. She announced that the Hope Coalition will hold a neighborhood block party on April 6, 2019, from 12 P.M. to 3 P.M. at the West Shaw Estates to promote community unity and provide job opportunities. Information about City resources will also be provided. She announced that the Fresno High School alley clean-up in coordination with Fresno County and the East Fresno Kiwanis Club, will take place this weekend, 8 A.M. to 12 P.M., with a BBQ to follow. She thanked Era energy and Consumer Energy Alliance for taking members of the District 1 Young Councilmember Program to Coalinga to learn about Science, Technology, Engineering, and Mathematics jobs and the energy industry. City of Fresno ***Subject to Mayoral Veto Page 3 City Council Meeting Minutes - Final April 4, 2019 Councilmember Esparza reported that it was a privilege to meet with members of the City of Fresno Professional Employees Association and hear their concerns. He visited the Community Center for Arts and Technology, and explained that they have a mobile unit serving rural areas and that the Center would open a location in District 3. He extended an invitation for the grand opening in mid-April to Council Vice President Arias. He reported on the "eye opening" motel tour he, Council Vice President Arias and Councilmember Chavez took along with City Administrators. He announced that he represented the City in the "Beauty for Ashes" fundraiser to combat human trafficking. He also visited the Sheet Metal Workers 104 facility to learn about the organization and their apprenticeship program. He participated in the census 2020 press conference launch and wants to make sure that there's a complete count so that Fresno gets its fair share of funding. He met with parents of Leavenworth Elementary School students who cleaned an alley next to the school; He reminded everyone that it was opening day for the Fresno Grizzlies at Chukchansi Park. Council Vice President Arias thanked all those involved in the motel tour and called the conditions in some of the areas as "third world." He named various aspects of the tour including open drug-dealing and called existing motel conditions as not viable. He urged management to not let human trafficking flourish, and called for those facilities to be shut down permanently. Councilmember Caprioglio thanked Fresno State University, staff and sports teams, in particular women's basketball, men's basketball, the rugby team, and the wrestling team. Council President Brandau announced that it was his last Council meeting and it was a pleasure working with staff. He installed three new dog parks in the last year with discretionary funding and thanked the PARCs Department. He appropriated $10,000 for the Veterans' Memorial project and asked to be invited to the grand opening. He also committed to set-aside $100,000 from infrastructure funds for the multi-generational facility in District 4. He asked about the status of officer positions for the Finance and Audit Committee. Assistant City Clerk Parra responded. 1. CONSENT CALENDAR City of Fresno ***Subject to Mayoral Veto Page 4 City Council Meeting Minutes - Final April 4, 2019 Upon call, there was no public comment. On motion of Councilmember Soria, seconded by Councilmember Caprioglio, the below CONSENT CALENDAR items were approved. The motion carried by the following vote: Aye: 6 - Brandau, Arias, Soria, Caprioglio, Bredefeld and Esparza Absent: 1 - Chavez 1-A ID19-1213 Authorize the Chief of Police to execute an agreement with Broadcast Microwave Services, Inc. (dba Data911) in the amount of approximately $378,250, over an 18 month period, for maintenance of Police Computer Aided Dispatch (CAD), Mobile Report Entry System (RPW/RX), Auto Vehicle Location (AVL) System and additional supporting peripheral software systems previously provided by Data911. The above item was pulled from Consent Calendar by Council Vice President Arias and moved to Contested Consent for further discussion. 1-B ID19-1333 Award a contract to De Novo Planning Group for the completion of an Environmental Impact Report and Infrastructure Financing Plan for the Specific Plan of the West Area in the amount of $399,726 and authorize the Development and Resource Management Department Director to execute documents related to the contract. (District 1, District 2, and District 3) The above item was pulled from Consent Calendar by Council President Brandau and moved to Contested Consent for further discussion. 1-C ID19-1437 Authorize the Director of the Development and Resource Management Department or designee to sign the First Amendment to the Consulting Services Agreement with Byrne Software Technologies, Inc. for Professional services for Accela System Support. The amendment is a request to extend the contract by an additional $200,000 The above item was pulled from Consent Calendar by Council Vice President Arias and moved to Contested Consent for further discussion. 1-D ID19-1403 Actions pertaining to the summary vacation of various public utility easements in Tract No. 6073. (Council District 5) 1. Adopt a finding of Categorical Exemption per staff determination, pursuant to Section 15301(c)/Class 1 of the California Environmental Quality Act (CEQA) Guidelines, Environmental Assessment No. P18- 03855. 2. RESOLUTION - Ordering the summary vacation of various public utility City of Fresno ***Subject to Mayoral Veto Page 5 City Council Meeting Minutes - Final April 4, 2019 easements in Tract No. 6073. RESOLUTION 2019-060 ADOPTED 1-E ID19-1411 Approve an agreement with Brooks-Ransom Associates Inc., in the amount of $51,650 with a not-to-exceed contingency of $3,000 for the design of plans and general construction contract documents for the repairs at Parking Garage No.4 located within the City of Fresno. (District 3) 1-F ID19-1412 Approve the acquisition of 116,004 square feet of permanent street easement from Chimienti Family Trust (APN 512-070-58) in the amount $258,000 to extend West Gettysburg Avenue from North Bryan Avenue to North Hayes Avenue (Council District 1) The above item was pulled from Consent Calendar by Councilmember Esparza and moved to Contested Consent for further discussion. 1-G ID19-1367 Actions pertaining to a License Agreement Special Event - Woodward Park between IAN Group, LLC and the City of Fresno: 1. Adopt Environmental Assessment No. P19-00964, a Mitigated Negative Declaration dated March 1, 2019. 2. Approve License Agreement Special Event - Woodward Park between IAN Group, LLC and the City of Fresno. The above item was pulled from Consent Calendar by Councilmember Bredefeld and moved to Contested Consent for further discussion. 1-H ID19-1460 ***RESOLUTION - Declaring a Vacancy in the Office of Councilmember for District 2; Calling a Special Election to be Held on August 13, 2019, to Fill the Vacancy; and Calling for a Potential Run-Off Election to be Consolidated with The November 5, 2019 Uniform District Election (Subject to Mayor’s veto) RESOLUTION 2019-061 ADOPTED 1-I ID19-1435 Actions pertaining to Milburn and Herndon Junction Structure Repairs (Bid File 3642) (Council District 2): 1. Adopt a finding of Categorical Exemption of Class 1, pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act Guidelines 2. Award a construction contract to Floyd Johnston Construction Co, Inc ., in the amount of not to exceed $268,213 1-J ID19-1436 Reject all proposals received for the City of Fresno’s Permanent Asphalt Concrete Pavement Repairs - Bid File No. 9484 (Citywide) The above item was pulled from Consent Calendar by Council Vice City of Fresno ***Subject to Mayoral Veto Page 6 City Council Meeting Minutes - Final April 4, 2019 President Arias and moved to Contested Consent for further discussion. 1-K ID19-1464 Approve Amended Employment Agreement of City Clerk 1-L ID19-1465 Approve Amended Employment Agreement of City Attorney CONTESTED CONSENT CALENDAR 1-B ID19-1333 Award a contract to De Novo Planning Group for the completion of an Environmental Impact Report and Infrastructure Financing Plan for the Specific Plan of the West Area in the amount of $399,726 and authorize the Development and Resource Management Department Director to execute documents related to the contract. (District 1, District 2, and District 3) Councilmember Caprioglio left the meeting at 10:00 A.M. The above item was introduced to Council by Planner III Horton, DARM Department. Council President Brandau requested an update and asked contract specific questions. Planner III Horton responded that eight steering committee meetings and two community-wide meetings had been held. He added that the contract is for technical studies, including infrastructure planning. Council Vice President Arias asked why staff did not recommend the award to the lowest bidder. Planner III Horton responded that the selected firm was the most qualified, familiar with Fresno, and within budget. Council Vice President Arias commented that he read the firm's principals' biographies and that the firm lacked diversity. He expressed hope that the firm recognizes this and provides diverse staff to work on the project, since it's located in a diverse area. Councilmember Soria thanked staff and inquired as to the timeframe. Planner III Horton responded that the next steps included contract execution, issuing a notice to proceed, completing hearings, and to bring the plan and environmental impact report for Council approval in the Spring of 2020. Upon call, there was no public comment. City of Fresno ***Subject to Mayoral Veto Page 7 City Council Meeting Minutes - Final April 4, 2019 APPROVED On motion of President Brandau, seconded by Vice President Arias, that the above Action Item be approved. The motion carried by the following vote: Aye: 5 - Brandau, Arias, Soria, Bredefeld and Esparza Absent: 2 - Caprioglio and Chavez 1-A ID19-1213 Authorize the Chief of Police to execute an agreement with Broadcast Microwave Services, Inc. (dba Data911) in the amount of approximately $378,250, over an 18 month period, for maintenance of Police Computer Aided Dispatch (CAD), Mobile Report Entry System (RPW/RX), Auto Vehicle Location (AVL) System and additional supporting peripheral software systems previously provided by Data911. Councilmember Caprioglio returned to the meeting at 10:07 A.M. The above item was introduced to Council by Chief Dyer, Fresno Police Department. Council Vice President noted that the contract had been continuously renewed since 1997 and asked why the contract had not been placed out for bidding. Chief Dyer responded that vendor provides computer dispatch system, report writer system, and records management system to which the vendor owns source code and intellectual property and its the only vendor that can provide maintenance on those systems. He continued that the department had entered into an agreement with Axon to develop a new records management, report writer, and dispatch system at no cost in exchange for being the beta tester for those systems nationwide, but until the new systems are operational, the department needs the current vendor to perform maintenance on the current systems. Chief Dyer stated tha this will be the last contract with Broadcast Microwave Services, Inc. Council Vice President Arias asked if Axon would be the only firm capable of providing maintenance for the new systems. Chief Dyer responded affirmatively and stated that there would be no cost for first six years and that he anticipated in-house training. City of Fresno ***Subject to Mayoral Veto Page 8 City Council Meeting Minutes - Final April 4, 2019 Councilmember Soria asked about the budget appropriations for the contract. Chief Dyer responded that the monies are currently in the budget. He also added that in exchange for being the beta site, that the City had received one hundred body cameras free of charge. Upon call, there was no public comment. APPROVED On motion of Vice President Arias, seconded by Councilmember Caprioglio, that the above Action Item be approved. The motion carried by the following vote: Aye: 6 - Brandau, Arias, Soria, Caprioglio, Bredefeld and Esparza Absent: 1 - Chavez 1-C ID19-1437 Authorize the Director of the Development and Resource Management Department or designee to sign the First Amendment to the Consulting Services Agreement with Byrne Software Technologies, Inc. for Professional services for Accela System Support. The amendment is a request to extend the contract by an additional $200,000 The above item was introduced to Council by Planning Manager Emerson, DARM Department. Council Vice President Arias asked what the City was receiving in exchange for the additional funding allocation from Accela. Planning Manager Emerson referred to page two of the staff report for a list of enhancements and modifications resulting from the Money Back Guarantee Program and new worklfows. She also stated that Accela was working as intended and a new employee had been hired to manage the system. Councilmember Soria offered an amendment to the motion to receive an update in six months. Council Vice President Arias and Councilmember Bredefeld accepted the amendment. Upon call, there was no public comment. APPROVED AS AMENDED City of Fresno ***Subject to Mayoral Veto Page 9 City Council Meeting Minutes - Final April 4, 2019 On motion of Vice President Arias, seconded by Councilmember Bredefeld, that the above Action Item be approved as amended. The motion carried by the following vote: Aye: 6 - Brandau, Arias, Soria, Caprioglio, Bredefeld and Esparza Absent: 1 - Chavez 1-J ID19-1436 Reject all proposals received for the City of Fresno’s Permanent Asphalt Concrete Pavement Repairs - Bid File No. 9484 (Citywide) The above item was introduced to Council by Director Carbajal, Public Utilities Department. Council Vice President Arias asked why the bid was being rejected and what is the plan going forward. Director Carbajal stated that there was a technical error and that the bid quantities do not match the contract term length. He stated that it would be corrected. Upon call, there was no public comment. APPROVED On motion of Vice President Arias, seconded by Councilmember Caprioglio, that the above Action Item be approved. The motion carried by the following vote: Aye: 6 - Brandau, Arias, Soria, Caprioglio, Bredefeld and Esparza Absent: 1 - Chavez 1-F ID19-1412 Approve the acquisition of 116,004 square feet of permanent street easement from Chimienti Family Trust (APN 512-070-58) in the amount $258,000 to extend West Gettysburg Avenue from North Bryan Avenue to North Hayes Avenue (Council District 1) The above item was introduced to Council by Assistant Director Benelli, Public Works Department. Councilmember Esparza inquired about the City's liabilities by acquiring the easement. Director Benelli stated that he does not believe there any are liabilities, and that State law requires that the City acquire a right-of-way ("ROW") when a developer is unable to acquire a ROW and the conditions of approval require a ROW. City of Fresno ***Subject to Mayoral Veto Page 10 City Council Meeting Minutes - Final April 4, 2019 Councilmember Soria thanked staff for working on this project. She stated that the ROW is a dirt road used by the public and is important to make it a public street. Upon call, there was no public comment. APPROVED On motion of Councilmember Soria, seconded by Councilmember Esparza, that the above Action Item be approved. The motion carried by the following vote: Aye: 6 - Brandau, Arias, Soria, Caprioglio, Bredefeld and Esparza Absent: 1 - Chavez 1-G ID19-1367 Actions pertaining to a License Agreement Special Event - Woodward Park between IAN Group, LLC and the City of Fresno: 1. Adopt Environmental Assessment No. P19-00964, a Mitigated Negative Declaration dated March 1, 2019. 2. Approve License Agreement Special Event - Woodward Park between IAN Group, LLC and the City of Fresno. The above item was introduced to Council by Deputy City Manager Merrill, City Manager's Office. Councilmember Bredefeld asked questions regarding the event. Deputy City Manager Merrill stated that the event is scheduled for May 4th and 5th, and that changes to the contract included a reduction in the license fee from $100,000 last year to $60,000 this year and an event end time of 10 P.M. this year instead of 11:30 P.M. Councilmember Bredefeld stated that there were over 100 noise complaints last year and said the event should be held in downtown instead of Woodward Park. Director Clark, DARM, spoke in regards to the noise study that would be completed before and during this year's event, including, site scoping before the event, 24-hour noise measurements during event, 20 minute sampling tests during the event, and providing a report to the City. Councilmember Bredefeld also asked about the traffic plan and the City of Fresno ***Subject to Mayoral Veto Page 11 City Council Meeting Minutes - Final April 4, 2019 environmental analysis. Deputy City Manager Merrill stated that traffic issues will be mitigated by keeping Audubon Drive open and holding the event on a Saturday instead of a Friday. City Attorney Sloan stated that the contract indemnifies the City and the applicant must defend a CEQA issue. Council Vice President Arias expressed concerns about the insurance, permitting, restrooms, and trash bins, but overall believes music festivals are good for the City. Councilmember Caprioglio expressed support for the music festival as a destination location and spoke of the positive experience he had at last year's festival. He called upon Aren Hekimian, the festival organizer to speak about the economic impact of the festival. Hekimian cited a survey that estimated $3.5 to $4 million economic impact. In reference to a question about attendance by Council Vice President Arias, Hekimian responded that last year 16,000 people attended the festival. Councilmember Soria thanked the team for taking a risk in the community and said that the festival is a benefit by keeping money local. Council President Brandau stated that he went to last year's event and had the opportunity to assess the traffic, noise, and litter in District 2 and District 6. He empathized with Councilmember Bredefeld, but also provided support for this year's festival. Upon call, the following member of the public addressed Council: Diane Meryll. APPROVED On motion of Vice President Arias, seconded by Councilmember Caprioglio, that the above Action Item be approved. The motion carried by the following vote: Aye: 5 - Brandau, Arias, Soria, Caprioglio and Esparza No: 1 - Bredefeld Absent: 1 - Chavez City of Fresno ***Subject to Mayoral Veto Page 12 City Council Meeting Minutes - Final April 4, 2019 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 members of the public addressed Council: David Love, Bob Mitchell, Debbie Darden, Dorothy Smith, Hester Hensley, Rev. DJ Criner, Aaron Foster, Jaime Loza, Rev. Steve Ratsford, and Gary Doesekle. Council President Brandau, Council Vice President Arias, Councilmembers Esparza, Caprioglio and Soria spoke to the comments made. 2. SCHEDULED COUNCIL HEARINGS AND MATTERS 3. GENERAL ADMINISTRATION 3-A ID19-1406 Actions pertaining to a comprehensive network upgrade: 1. Approve a cooperative purchase agreement with AMS.NET, Inc., in the amount of $9,500,000.00. 2. Authorize the Chief Information Officer to enter into a finance agreement with Key Government Finance, Inc., on behalf of Cisco Systems Capital Corp., in the amount of $9,748,900.00. 3. Authorize the Chief Information Officer to enter into all agreements necessary to facilitate the cooperative purchase and financing of the network equipment purchase. The above item was introduced by Chief Information Officer Horn, ISD Department. Councilmember Esparza gave direction to make systems compatible with Apple products. Council Vice President Arias expressed concerns about the current systems being antiquated. Chief Information Officer Horn responded that the upgrades would make information technology more agile, provide faster service, and provide more cloud services. Upon call, there was no public comment. APPROVED City of Fresno ***Subject to Mayoral Veto Page 13 City Council Meeting Minutes - Final April 4, 2019 On motion of Vice President Arias, seconded by Councilmember Soria, that the above Action Item be approved. The motion carried by the following vote: Aye: 6 - Brandau, Arias, Soria, Caprioglio, Bredefeld and Esparza Absent: 1 - Chavez 3-B ID19-1314 ***RESOLUTION - 29th Amendment to the Annual Appropriations Resolution (AAR) No. 2018-157 appropriating $1,600,000 for the LED Retrofit Project in Public Works (Subject to Mayor’s veto) (Requires 5 affirmative votes) Council Vice President Arias left the meeting at 11:33 A.M. The above item was introduced by Director Mozier, Public Works Department. Councilmember Caprioglio thanked Council President Brandau, PG&E, the administration and staff for their work on this project. Councilmember Soria thanked staff and asked about the timeframe. Director Mozier stated the project would be complete by December. Upon call, there was no public comment. RESOLUTION 2019-062 ADOPTED On motion of Councilmember Soria, seconded by Vice President Arias, that the above Action Item be adopted. The motion carried by the following vote: Aye: 5 - Brandau, Soria, Caprioglio, Bredefeld and Esparza Absent: 2 - Arias and Chavez 3-C ID19-1446 RESOLUTION - Adopting a list of proposed Public Works projects to be submitted for Senate Bill 1 Road Maintenance and Rehabilitation Account funds for City of Fresno Fiscal Year 2020 The above item was removed from the agenda by staff and continued to April 11, 2019. 3-D ID19-1432 Provide Anti-Slum Enforcement Team (ASET) Quarterly Report City of Fresno ***Subject to Mayoral Veto Page 14 City Council Meeting Minutes - Final April 4, 2019 Council Vice President Arias returned to the meeting at 11:36 A.M. The above report was introduced to Council by Assistant Director Furtado, DARM Department and Supervising Deputy City Attorney Roberson, City Attorney's Office. Council Vice President Arias directed the City Attorney's Office to provide a list of conditions that merit red-tagging. In response to other questions from Council Vice President Arias, City Attorney Sloan stated that his office would research whether there is preemption in regards to City laws and State laws allowing landlords to collect rent while rental units are red-tagged; and research how to obtain monthly rental information from landlords. PRESENTED City Council recessed for lunch at 12:12 P.M. and returned from lunch at 1:38 P.M. 4. CITY COUNCIL 4-B ID19-1484 RESOLUTION - Urging the Fresno City Employees Health and Welfare Trust to approve a Kaiser option. The above item was introduced to Council by Council Vice President Arias, District 3, and Councilmember Esparza, District 7. Council Vice President Arias and Councilmember Esparza expressed surprise and dissapointment at the limited healthcare plan choices the City offers. Councilmember Soria offered support for adding additional options. She urged that any options include coverage for pre-existing conditions, family packages, flexibility in keeping vision/prescription providers, and maitains or improves on the current benefits offered. City Manager Quan asked Director Lima (co-chair of the Health & Welfare Trust), Finance Department, to provide an update on the previous Health & Welfare Trust meeting. He stated that the Board heard a presentation by Kaiser in January, which included plan offerings and costs. At that meeting, City of Fresno ***Subject to Mayoral Veto Page 15 City Council Meeting Minutes - Final April 4, 2019 a motion was made to include the Kaiser option pending contract negotiations. At a March meeting the contract was presented, but issues about the cost were raised, at which point the Board voted unanimously to not offer a Kaiser option this year and instead to survey members first about the possibility of adding a Kaiser option. Responses would be used for financial modeling to assess the financial ramifications to the current plan. Council Vice President Arias asked how many people spoke against the Kaiser option at the March meeting. Director Lima responded one. Council Vice President Arias added that a multi-million dollar decision was being made based on the opposition of one individual. He stated that the survey should include the benefits, costs, and differences of an integrated healthcare system in order to get accurate survey results. Council President Brandau agreed that Kaiser should be offered as an option and sought clarification from Director Lima as to how long the Kaiser option was delayed. Director Lima responded that it would be delayed one year. Councilmember Caprioglio asked what the impact would be on the current system. Director Lima responded that there were 3,600 employees in the Health & Welfare Trust, and gave a scenario where costs of the current plan increase due to members joining the Kaiser plan. In response to other fiscal impact questions, he said that the first year Kaiser would charge the same price as the current plan, but that it could subsequently change. Councilmember Caprioglio stated that the cost factor balanced with the available options was important to him, that he would rely on the Board to come to a solution and that since the item was not time sensitive, that he would not support the item at this time. Councilmember Bredefeld inquired about the timeframe, the availability of other health plans, and why the Board turned down a local drug company. Director Lima responded that the survey would be conducted in July or August and that the financial models would be ready for the December of January meeting. He also said that other health companies could come and pitch their plans to the Board, and that the Board turned down a local drug company due to it not being cost effective versus the current provider, City of Fresno ***Subject to Mayoral Veto Page 16 City Council Meeting Minutes - Final April 4, 2019 OptumRX. Councilmember Esparza read a letter for the record, from an employee in regards to their negative experience with the current health plan. Upon call, the following members of the public spoke: Stacey Zanetti (Vice President, Kaiser Permanente) and Luz Maria. RESOLUTION 2019-063 ADOPTED On motion of Vice President Arias, seconded by Councilmember Esparza, that the above Action Item be approved. The motion carried by the following vote: Aye: 5 - Brandau, Arias, Soria, Bredefeld and Esparza No: 1 - Caprioglio Absent: 1 - Chavez GENERAL ADMINISTRATION (CONTINUED) 3-E ID19-1468 WORKSHOP - Regarding the Recruitment Process for the Chief of Police The above workshop was presented by Director Cardell, Personnel Department. Councilmember Soria gave direction to staff to distribute the community survey to the Councilmembers. Council Vice President Arias gave direction that surveys and community meetings be conducted in different languages and that Council receive copies of feedback obtained at community meetings. PRESENTED CITY COUNCIL (CONTINUED) 4-C ID19-1494 Agreement with BMG Money for Loans at Work, a workplace emergency loan program The above item was introduced to Council by Council President Brandau, District 2. City of Fresno ***Subject to Mayoral Veto Page 17 City Council Meeting Minutes - Final April 4, 2019 Marisela Villar, Director of Government Relations, BMG Money, gave an overview of the loan program. Councilmember Esparza commented that the APR of 23.99% the company offered was very high. City Manager Quan questioned Council as to why Council was only bringing one company and as to why the company was uniquely qualified to provide the service to employees. Council Vice President Arias sought and received clarification from Ms. Villar in regards to the loan amounts, rates and payment process. Loan amounts vary from $500 to $5,000, with a fixed APR of 23.99%, and repayments are deducted through payroll. Deputy City Attorney III, Hastrup clarified that under State law an employee can revoke payroll deductions and a dispute would be between the employee and the loan lender. Council Vice President Arias suggested the best way to assist employees is to pay them more and fix the healthcare options. City Manager Quan requested Director Lima, Finance Department, to speak about the Administrative Order (AO) for emergency payout. Director Lima cited AO 6-17, which allows employees to cash out up to 200 hours of leave balance at 0% interest on an emergency basis. Motion died for lack of second. 4-A ID19-1470 Election of Council President Councilmember Caprioglio made a special presentation in tribute to out-going Council President Brandau, Lindsay Jones, District 2 Chief of Staff; and Robert Jeffers, District 2 Council Assistant. Out-going Council President Brandau gave special thanks to his staff, city directors, administrators and staff, City Attorney Sloan, City Clerk Spence, the City Councilmembers (individually), the citizens of the City and constituents of District 2. All the Councilmembers gave commendations and special thanks to out-going Council President Brandau. City of Fresno ***Subject to Mayoral Veto Page 18 City Council Meeting Minutes - Final April 4, 2019 Councilmember Caprioglio was elected to the office of Council President. APPROVED On motion of President Brandau, seconded by Vice President Arias, that Councilmember Caprioglio be elected to the office of Council President. The motion carried by the following vote: Aye: 6 - Brandau, Arias, Soria, Caprioglio, Bredefeld and Esparza Absent: 1 - Chavez 5. CLOSED SESSION City Council recessed into Closed Session at 3:28 P.M. and returned from Closed Session at 3:32 P.M. There were no announcements after Closed Session. 5-A ID19-1474 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION - Government Code Section 54956.9, subdivision (d)(1) 1. City of Fresno v. Illinois Union Ins. Co.; United States District Court Case No.: 18-CV-00573. DISCUSSED ADJOURNMENT City Council adjourned at 3:32 P.M. City of Fresno ***Subject to Mayoral Veto Page 19

Agenda

City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Meeting Agenda - Final Thursday, April 4, 2019 9:00 AM Regular Meeting Council Chambers City Council President - Steve Brandau Vice President - Miguel Angel Arias Councilmembers: Esmeralda Z. Soria, Paul Caprioglio, Luis Chavez, Garry Bredefeld, Nelson Esparza City Manager - Wilma Quan City Attorney - Douglas T. Sloan City Clerk - Yvonne Spence, MMC City Council Meeting Agenda - Final April 4, 2019 The Fresno City Council welcomes you to City Council Chambers, located in City Hall, 2nd Floor, 2600 Fresno Street, Fresno, California 93721. The City of Fresno’s goal is to comply with the Americans with Disabilities Act (ADA) in all respects. The meeting room is physically accessible. If, as an attendee or participant at the meeting, you need additional accommodations such as interpreters, signers, assistive listening devices, or the services of a translator, please contact the Office of the City Clerk at (559) 621-7650 or clerk@fresno.gov. To ensure availability, you are advised to make your request at least 48 hours prior to the meeting. The agenda and related staff reports are available at www.fresno.gov, as well as in the Office of the City Clerk. The Council meeting can be viewed live on Comcast Channel 96 and AT&T Channel 99 from 9:00 a.m. and is re-played beginning at 8:00 p.m.. The meeting can also be viewed online at https://fresno.legistar.com. PROCESS: For each matter considered by the Council there will first be a staff presentation followed by a presentation from the involved individuals, if present. Testimony from those in attendance will then be taken. All testimony will be limited to three minutes per person. If you would like to speak fill out a Speaker Request Form available from the City Clerk’s Office and in the Council Chambers. The three lights on the podium next to the microphone will indicate the amount of time remaining for the speaker. The green light on the podium will be turned on when the speaker begins. The yellow light will come on with one minute remaining. The speaker should be completing the testimony by the time the red light comes on and tones sound, indicating that time has expired. A countdown of time remaining to speak is also displayed on the large screen behind the Council dais. No documents shall be accepted for Council review unless they are submitted to the City Clerk at least 24 hours prior to the Council Agenda item being heard. Following is a general schedule of items for Council consideration and action. The City Council may consider and act on an agenda item in any order it deems appropriate. Actual timed items may be heard later but not before the time set on agenda. Persons interested in an item listed on the agenda are advised to be present throughout the meeting to ensure their presence when the item is called. AGENDA ITEMS MARKED WITH AN ASTERISK (***) ARE SUBJECT TO MAYORAL VETO OR RECONSIDERATION City of Fresno ***Subject to Mayoral Veto Page 2 City Council Meeting Agenda - Final April 4, 2019 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. City of Fresno ***Subject to Mayoral Veto Page 3 City Council Meeting Agenda - Final April 4, 2019 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 April 4, 2019 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 April 4, 2019 9:00 A.M. ROLL CALL Invocation Pledge of Allegiance to the Flag APPROVE AGENDA APPROVE MINUTES ID19-1390 Approval of minutes for March 21, 2019. Sponsors: City Clerk's Office CEREMONIAL PRESENTATIONS ID19-1473 Presentation of the SPCA Pet of the Month Sponsors: Council President Brandau ID19-1382 Proclamation of “Red Cross Month” Sponsors: Council President Brandau ID19-1442 Proclamation of “Grizzlies Opening Day” Sponsors: Councilmember Caprioglio and Vice President Arias ID19-1455 Proclamation of “CA Friday Night Live Month” Sponsors: Councilmember Esparza and Vice President Arias 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 ID19-1213 Authorize the Chief of Police to execute an agreement with Broadcast Microwave Services, Inc. (dba Data911) in the amount of approximately $378,250, over an 18 month period, City of Fresno ***Subject to Mayoral Veto Page 6 City Council Meeting Agenda - Final April 4, 2019 for maintenance of Police Computer Aided Dispatch (CAD), Mobile Report Entry System (RPW/RX), Auto Vehicle Location (AVL) System and additional supporting peripheral software systems previously provided by Data911. Sponsors: Police Department 1-B ID19-1333 Award a contract to De Novo Planning Group for the completion of an Environmental Impact Report and Infrastructure Financing Plan for the Specific Plan of the West Area in the amount of $399,726 and authorize the Development and Resource Management Department Director to execute documents related to the contract. (District 1, District 2, and District 3) Sponsors: Development and Resource Management Department 1-C ID19-1437 Authorize the Director of the Development and Resource Management Department or designee to sign the First Amendment to the Consulting Services Agreement with Byrne Software Technologies, Inc. for Professional services for Accela System Support. The amendment is a request to extend the contract by an additional $200,000 Sponsors: Development and Resource Management Department 1-D ID19-1403 Actions pertaining to the summary vacation of various public utility easements in Tract No. 6073. (Council District 5) 1. Adopt a finding of Categorical Exemption per staff determination, pursuant to Section 15301(c)/Class 1 of the California Environmental Quality Act (CEQA) Guidelines, Environmental Assessment No. P18-03855. 2. RESOLUTION - Ordering the summary vacation of various public utility easements in Tract No. 6073. Sponsors: Public Works Department 1-E ID19-1411 Approve an agreement with Brooks-Ransom Associates Inc., in the amount of $51,650 with a not-to-exceed contingency of $3,000 for the design of plans and general construction contract documents for the repairs at Parking Garage No.4 located within the City of Fresno. (District 3) Sponsors: Public Works Department City of Fresno ***Subject to Mayoral Veto Page 7 City Council Meeting Agenda - Final April 4, 2019 1-F ID19-1412 Approve the acquisition of 116,004 square feet of permanent street easement from Chimienti Family Trust (APN 512-070-58) in the amount $258,000 to extend West Gettysburg Avenue from North Bryan Avenue to North Hayes Avenue (Council District 1) Sponsors: Public Works Department 1-G ID19-1367 Actions pertaining to a License Agreement Special Event - Woodward Park between IAN Group, LLC and the City of Fresno: 1. Adopt Environmental Assessment No. P19-00964, a Mitigated Negative Declaration dated March 1, 2019. 2. Approve License Agreement Special Event - Woodward Park between IAN Group, LLC and the City of Fresno. Sponsors: City Manager's Office 1-H ID19-1460 ***RESOLUTION - Declaring a Vacancy in the Office of Councilmember for District 2; Calling a Special Election to be Held on August 13, 2019, to Fill the Vacancy; and Calling for a Potential Run-Off Election to be Consolidated with The November 5, 2019 Uniform District Election (Subject to Mayor’s veto) Sponsors: City Clerk's Office 1-I ID19-1435 Actions pertaining to Milburn and Herndon Junction Structure Repairs (Bid File 3642) (Council District 2): 1. Adopt a finding of Categorical Exemption of Class 1, pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act Guidelines 2. Award a construction contract to Floyd Johnston Construction Co, Inc., in the amount of not to exceed $268,213 Sponsors: Department of Public Utilities 1-J ID19-1436 Reject all proposals received for the City of Fresno’s Permanent Asphalt Concrete Pavement Repairs - Bid File No. 9484 (Citywide) Sponsors: Department of Public Utilities City of Fresno ***Subject to Mayoral Veto Page 8 City Council Meeting Agenda - Final April 4, 2019 1-K ID19-1464 Approve Amended Employment Agreement of City Clerk Sponsors: Council President Brandau 1-L ID19-1465 Approve Amended Employment Agreement of City Attorney Sponsors: Council President Brandau CONTESTED CONSENT CALENDAR 2. SCHEDULED COUNCIL HEARINGS AND MATTERS 3. GENERAL ADMINISTRATION 3-A ID19-1406 Actions pertaining to a comprehensive network upgrade: 1. Approve a cooperative purchase agreement with AMS.NET, Inc., in the amount of $9,500,000.00. 2. Authorize the Chief Information Officer to enter into a finance agreement with Key Government Finance, Inc., on behalf of Cisco Systems Capital Corp., in the amount of $9,748,900.00. 3. Authorize the Chief Information Officer to enter into all agreements necessary to facilitate the cooperative purchase and financing of the network equipment purchase. Sponsors: Information Services Department 3-B ID19-1314 ***RESOLUTION - 29th Amendment to the Annual Appropriations Resolution (AAR) No. 2018-157 appropriating $1,600,000 for the LED Retrofit Project in Public Works (Subject to Mayor’s veto) (Requires 5 affirmative votes) Sponsors: Public Works Department 3-C ID19-1446 RESOLUTION - Adopting a list of proposed Public Works projects to be submitted for Senate Bill 1 Road Maintenance and Rehabilitation Account funds for City of Fresno Fiscal Year 2020 Sponsors: Public Works Department 3-D ID19-1432 Provide Anti-Slum Enforcement Team (ASET) Quarterly Report Sponsors: City Manager's Office and City Attorney's Office City of Fresno ***Subject to Mayoral Veto Page 9 City Council Meeting Agenda - Final April 4, 2019 3-E ID19-1468 WORKSHOP - Regarding the Recruitment Process for the Chief of Police Sponsors: City Manager's Office and Personnel Services Department 4. CITY COUNCIL 4-A ID19-1470 Election of Council President Sponsors: Council President Brandau 4-B ID19-1484 RESOLUTION - Urging the Fresno City Employees Health and Welfare Trust to approve a Kaiser option. Sponsors: Councilmember Esparza and Vice President Arias 4-C ID19-1494 Agreement with BMG Money for Loans at Work, a workplace emergency loan program Sponsors: Council President Brandau 5. CLOSED SESSION 5-A ID19-1474 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION - Government Code Section 54956.9, subdivision (d)(1) 1. City of Fresno v. Illinois Union Ins. Co.; United States District Court Case No.: 18-CV-00573. 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 any, shall be limited to referring the item to staff for a report and possible scheduling on a future Council agenda. ADJOURNMENT City of Fresno ***Subject to Mayoral Veto Page 10 City Council Meeting Agenda - Final April 4, 2019 UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS April 11, 2019 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. 9, Annexation No. 38 (Assessor’s Parcel Number 402-440-07) (northeast corner of North Glenn Avenue and West Nees Avenue) (Council District 2) April 11, 2019 10:05 A.M. - HEARING on the Housing Element Annual Progress Report April 11, 2019 10:25 A.M. - HEARING to consider Amendments to Conditional Use Permit No. C-16-033, located on the southwest corner of East Belmont and North Van Ness Avenues. (Council District 3) April 25, 2019 10:00 A.M. -HEARING re: vacation of a portion of West Spaatz Avenue and North Doolittle Avenue between North Blythe Avenue and West Herndon Avenue (Council District 2). April 25, 2019, 10:05 A.M. - HEARING to Consider the Annual Action Plan May 2, 2019 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. 9, Annexation No. 39 (east side of North Grantland Avenue between West Barstow and Roberts Avenue) (Council District 2) May 16, 2019 10:00 A.M. - HEARING re: Vacation of a portion of West Devlan Avenue and a portion of North Weber Avenue north of the Southern Pacific Railroad (Council District 2). May 16, 2019 5:00 P.M. - HEARING on accepting the Initiation of the Specific Plan of the West City of Fresno ***Subject to Mayoral Veto Page 11 City Council Meeting Agenda - Final April 4, 2019 Area May 23, 2019 10:00 A.M. - HEARING re: vacation of a portion of West Herndon Avenue, west of North Riverside Drive (Council District 2). UPCOMING EMPLOYEE CEREMONIES April 10, 2019 (Wednesday) – Employee Service Awards May 16, 2019 – Employee of the Spring Quarter July 25, 2019 - Employee of the Summer Quarter October 24, 2019 – Employee of the Fall Quarter November 20, 2019 (Wednesday) – Employee Service Awards 2019 CITY COUNCIL MEETING SCHEDULE APRIL 11 - 9:00 A.M. MEETING APRIL 18 - NO MEETING APRIL 25 - 9:00 A.M. MEETING City of Fresno ***Subject to Mayoral Veto Page 12

Get email alerts for Fresno

A daily email when new agendas and minutes are posted.

Report an issue with this meeting