City Council
Regular MeetingFresno, CA · April 4, 2019
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
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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.
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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
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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
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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
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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.
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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.
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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
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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.
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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
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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
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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
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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
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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,
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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,
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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.
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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
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