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City Council

Regular Meeting

Fresno, CA · May 2, 2019

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Minutes

City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Meeting Minutes - Final City Council President - Paul Caprioglio Vice President - Miguel Angel Arias Councilmembers: Esmeralda Z. Soria, District 2 - Vacant, Luis Chavez, Garry Bredefeld, Nelson Esparza City Manager - Wilma Quan City Attorney - Douglas T. Sloan City Clerk - Yvonne Spence, MMC Thursday, May 2, 2019 1:30 PM Council Chambers Regular Meeting The City Council met in regular session in the Council Chamber, City Hall on the date and time written above. 1:32 P.M. ROLL CALL Present: 5 - President Paul Caprioglio Vice President Miguel Angel Arias Councilmember Esmeralda Z. Soria Councilmember Luis Chavez Councilmember Nelson Esparza Absent: 1 - Councilmember Garry Bredefeld Invocation given by Deputy Police Chief Patrick Farmer, Fresno Police Department. Pledge of Allegiance to the Flag APPROVE AGENDA City Clerk Spence announced the following changes to the agenda: Invocation was by Deputy Police Chief Patrick Farmer, Proclamation of the “10th Anniversary of CFDI Day” – Change title to read: “10th Anniversary of Access Plus Capital” and File ID19-1618 (3:30 P.M.) - CONTINUED HEARING to consider Conditional Use Permit Application Nos. P18-03222 and P18-03223, located on the northwest corner of North Cedar Avenue and East Tulare Street (Council District 7) was removed from the agenda – Applicant withdrew application. City of Fresno ***Subject to Mayoral Veto Page 1 City Council Meeting Minutes - Final May 2, 2019 On motion of Councilmember Soria, seconded by Vice President Arias, the above item was adopted as amended. The motion carried by the following vote: Aye: 5 - Caprioglio, Arias, Soria, Chavez and Esparza Absent: 1 - Bredefeld APPROVE MINUTES ID19-1393 Approval of minutes for April 25, 2019. On motion of Vice President Arias, seconded by Councilmember Chavez, that the above Action Item be approved. The motion carried by the following vote: Aye: 5 - Caprioglio, Arias, Soria, Chavez and Esparza Absent: 1 - Bredefeld CEREMONIAL PRESENTATIONS ID19-1614 Proclamation of “Municipal Clerk’s Week” PRESENTED ID19-1219 Proclamation of “Vietnam Veterans Committee Members Day” PRESENTED ID19-1599 Proclamation of the “10th Anniversary of Access Plus Capital Day” PRESENTED ID19-1537 Proclamation of “Norman “JR” Norwood Jr. Day” PRESENTED ID19-1540 Proclamation of “Peace Officers Memorial Day” and May 12 through May 18, 2019 as “National Police Week” PRESENTED ID19-1280 Announcement of Marisol Baca as Fresno’s Poet Laureate PRESENTED City of Fresno ***Subject to Mayoral Veto Page 2 City Council Meeting Minutes - Final May 2, 2019 ID19-1627 Proclamation of “Camp Kesem Day” PRESENTED COUNCILMEMBER REPORTS AND COMMENTS Council Vice President Arias asked Assistant City Manager Sumpter for an update on the fees being waived as part of the waiver program for the Public Safety Police Department facility fees and requested an updated on the Economic Development Director. 1. CONSENT CALENDAR Councilmember Soria left the meeting at 2:25 P.M. On motion of Vice President Arias, seconded by Councilmember Chavez, the below CONSENT CALENDAR items were adopted. The motion carried by the following vote: Aye: 4 - Caprioglio, Arias, Chavez and Esparza Absent: 2 - Soria and Bredefeld 1-A ID19-1592 Authorize First Amendment to the November 9, 2017 Memorandum of Understanding between the City of Fresno and Fresno Building Healthy Communities regarding the BMX project at Mary Ella Brown Community Center Park approving project scope, timeline, and budget and authorizing an additional $135,140 for city-initiated project augmentation (District 3) 1-B ID19-1596 Actions pertaining to 10-Inch Sewer Main Installation in South Willow Avenue (Bid File 3651) (County of Fresno): 1. Adopt a finding of Categorical Exemption pursuant to Class 3, Section 15303(d) (New Construction) of the California Environmental Quality Act Guidelines 2. Award a Construction Contract to Haydon Construction, Inc., in the amount of $271,537 3. Authorize the Director of Public Utilities, or designee, to sign the contract on behalf of the City of Fresno 1-C ID19-1616 ***RESOLUTION - Creating Roles and Responsibilities for the Citywide Records Management Program (Subject to Mayor’s veto) RESOLUTION 2019-091 ADOPTED 1-D ID19-1621 Actions pertaining to the Perrin Avenue and Liberty Hill Road Traffic Signal Modification - Bid File No. 3656 (Council District 6) 1. Adopt a finding of Categorical Exemption per staff determination, City of Fresno ***Subject to Mayoral Veto Page 3 City Council Meeting Minutes - Final May 2, 2019 pursuant to Section 15301(c) of the CEQA guidelines. 2. Award a construction contract in the amount of $207,309 to Sturgeon Electric, LLC., of Chino, CA. 2. SCHEDULED COUNCIL HEARINGS AND MATTERS 1:30 P.M.#1 CONTESTED CONSENT CALENDAR 1:30 P.M.#2 ID19-1420 HEARING to Consider Acceptance of the Southern Blackstone Avenue Smart Mobility Strategy 1. ADOPT a finding that there is no possibility that acceptance of the Southern Blackstone Avenue Smart Mobility Strategy will have a significant effect on the environment and is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3); 2. RESOLUTION - Accepting the Southern Blackstone Avenue Smart Mobility Strategy. The item was called to order at 2:28 P.M. The above item was introduced to Council by Planner III Horton, DARM Department and Keith Bergthold, Executive Director of Fresno Metro Ministry. Upon call, the following members of the public addressed Council: John Trotter, Robert Turner, Celeste Martinez, Anne Goodman, Donald Uriquez, Abigail Smurr, Deiglis Wells, James Collins, Zach Antoyan, Fernando Elizondo, Anthony Molina, Gorado Navarro, Randy White, Marie Torres, Gene Richards, Ivan Paz, Sheila Hakimipour and Alejandro Solis. Councilmember Soria returned to the meeting at 2:58 P.M. Councilmember Esparza supports the item as presented and thanked the community for their input. Councilmember Soria supports the item and thanked the community and staff for their hard work and input. She expressed some of her concerns with the consideration of displacement of small business owners and would like to have a plan to find better placement for small businesses in the City of Fresno. She asked the Administration to figure out how to implement the City of Fresno ***Subject to Mayoral Veto Page 4 City Council Meeting Minutes - Final May 2, 2019 plan and to include it in the next budget. She stated she would like the Administration to make it a priority. Assistant City Manager Schaad responded. Assistant City Manager Schaad spoke regarding funding the construction and stated it will not occur until next year for construction. Council Vice President Arias asked staff several technical questions regarding the current and proposed speed limit on Blackstone. He asked about the potential impact of pollution due to the reduced speed limits and if the whole Blackstone corridor will reduce its speed limit. He asked staff if the current scope covered the entire Blackstone and what the estimated cost would be to improve the Blackstone corridor. Planner III Horton responded. Council Vice President Arias mentioned the City of Fresno is spending $130 Million on Veterans Blvd and asked the Administration to set aside money for this project, to include funding in the upcoming budget and to make it a priority. He asked Administration if any projects being developed in the corridor will honor any of the strategies or will the road be reconstructed. Assistant City Manager Sumpter responded. Councilmember Chavez asked Executive Director Bergthold of Fresno Metro Ministry how the project fits into the Better Blackstone overall. Executive Director Bergthold of Fresno Metro Ministry replied. Council President Caprioglio thanked everyone and supports the item. RESOLUTION 2019-092 ADOPTED On motion of Councilmember Esparza, seconded by Councilmember Soria, that the above Action Item be adopted. The motion carried by the following vote: Aye: 5 - Caprioglio, Arias, Soria, Chavez and Esparza Absent: 1 - Bredefeld 10:00 A.M. (HEARING CONTINUED TO 1:35 P.M.) ID19-1583 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 (Assessor’s Parcel Number 505-281-21) (east side of City of Fresno ***Subject to Mayoral Veto Page 5 City Council Meeting Minutes - Final May 2, 2019 North Grantland Avenue between West Barstow and Roberts Avenue) (Council District 2) 1. *** RESOLUTION - Annexing Territory to Community Facilities District No. 9 and Authorizing the Levy of a Special Tax (Subject to Mayor’s Veto) 2. *** RESOLUTION - Calling Special Mailed-Ballot Election (Subject to Mayor’s Veto) 3. *** RESOLUTION - Declaring Election Results (Subject to Mayor’s Veto) 4. *** BILL - (For introduction and adoption) - Levying a Special Tax for the Property Tax Year 2018-2019 and Future Tax Years Within and Relating to Community Facilities District No. 9, Annexation No. 39 (Subject to Mayor’s Veto) The above hearing was continued to 1:35 P.M. City Council recessed at 3:42 P.M. and returned from recess at 3:49 P.M. 1:35 P.M.#1 ID19-1615 CONTINUED 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 (Assessor’s Parcel Number 505-281-21) (east side of North Grantland Avenue between West Barstow and Roberts Avenue) (Council District 2) 1. *** RESOLUTION - Annexing Territory to Community Facilities District No. 9 and Authorizing the Levy of a Special Tax (Subject to Mayor’s Veto) 2. *** RESOLUTION - Calling Special Mailed-Ballot Election (Subject to Mayor’s Veto) 3. *** RESOLUTION - Declaring Election Results (Subject to Mayor’s Veto) 4. *** BILL - (For introduction and adoption) - Levying a Special Tax for the Property Tax Year 2018-2019 and Future Tax Years Within and Relating to Community Facilities District No. 9, Annexation No. 39 (Subject to Mayor’s Veto) The item was called to order at 3:50 P.M. Councilmember Chavez left the meeting at 3:50 P.M. The above item was introduced to Council by Assistant Director Benelli, Public Works Department. City of Fresno ***Subject to Mayoral Veto Page 6 City Council Meeting Minutes - Final May 2, 2019 Upon call, there was no public comment. RESOLUTION 2019-093 ADOPTED RESOLUTION 2019-094 ADOPTED RESOLUTION 2019-095 ADOPTED BILL 13 AND ORDINANCE 2019-013 ADOPTED On motion of Vice President Arias, seconded by Councilmember Esparza, that the above Action Item be adopted. The motion carried by the following vote: Aye: 4 - Caprioglio, Arias, Soria and Esparza Absent: 2 - Chavez and Bredefeld 1:35 P.M. #2 HEARING CONTINUED TO 3:30 P.M. ID19-1612 CONTINUED HEARING to consider Conditional Use Permit Application Nos. P18-03222 and P18-03223, located on the northwest corner of North Cedar Avenue and East Tulare Street (Council District 7) 1. ADOPT Environmental Assessment Nos. P18-03222 and P18- 03223 dated February 20, 2019, a determination that the proposed project is exempt from the California Environmental Quality Act (CEQA) through a Class 32 Categorical Exemption. 2. ADOPT findings pursuant to Government Code Section 65863(b) (2) that there is substantial evidence in the record that remaining sites identified in the Housing Element can accommodate the City of Fresno’s share of the Regional Housing Needs Assessment (RHNA). 3. APPROVE Conditional Use Permit Application No. P18-03222 requesting authorization to develop a 3,052-square-foot convenience store and service station with eight fueling positions, subject to compliance with the Conditions of Approval dated February 20, 2019. 4. DENY Conditional Use Permit Application No. P18-03223 requesting authorization to establish a State of California Alcoholic Beverage Control (ABC) Type 20 (Package Store - sale of beer and wine for consumption off the premises where sold) license for the proposed convenience market. The above item was continued to 3:30 P.M. 3:30 P.M. City of Fresno ***Subject to Mayoral Veto Page 7 City Council Meeting Minutes - Final May 2, 2019 ID19-1618 CONTINUED HEARING to consider Conditional Use Permit Application Nos. P18-03222 and P18-03223, located on the northwest corner of North Cedar Avenue and East Tulare Street (Council District 7) 1. ADOPT Environmental Assessment Nos. P18-03222 and P18- 03223 dated February 20, 2019, a determination that the proposed project is exempt from the California Environmental Quality Act (CEQA) through a Class 32 Categorical Exemption. 2. ADOPT findings pursuant to Government Code Section 65863(b) (2) that there is substantial evidence in the record that remaining sites identified in the Housing Element can accommodate the City of Fresno’s share of the Regional Housing Needs Assessment (RHNA). 3. APPROVE Conditional Use Permit Application No. P18-03222 requesting authorization to develop a 3,052-square-foot convenience store and service station with eight fueling positions, subject to compliance with the Conditions of Approval dated February 20, 2019. 4. DENY Conditional Use Permit Application No. P18-03223 requesting authorization to establish a State of California Alcoholic Beverage Control (ABC) Type 20 (Package Store - sale of beer and wine for consumption off the premises where sold) license for the proposed convenience market. The above item was removed from the agenda and withdrawn by the applicant. 3. GENERAL ADMINISTRATION 3-A ID19-1555 ***RESOLUTION - Adopting the City of Fresno’s (City) 2019-2020 Annual Action Plan; approving submission to the U.S. Department of Housing and Urban Development (HUD) for application of Community Development Block Grant (CDBG), Home Investment Partnerships (HOME), Emergency Solutions Grant (ESG), and Housing Opportunities for Persons With Aids/HIV (HOPWA) Program Funds; and providing for subrecipient agreements. (Subject to Mayor’s veto) The above item was introduced to Council by Administrative Manager Jenks, DARM Department. Councilmember Chavez returned to the meeting at 3:52 P.M. Councilmember Chavez recused himself from the Fresno Economic Opportunities Commission (EOC) portion of the item. City of Fresno ***Subject to Mayoral Veto Page 8 City Council Meeting Minutes - Final May 2, 2019 Upon call, there was no public comment. Council Vice President Arias reminded the Council that they received a supplement in their agenda packets that outlines the recommendations and adjustments from the Community Development Block Grant (CDBG) Subcommittee. Council Vice President Arias motioned to approve the Fresno Economic Opportunities Commission recommendations. Councilmember Soria seconded the motion. Motion PASSED 4-0 vote. Councilmember Chavez recused. Councilmember Bredefeld absent. Council Vice President Arias motioned to approve the CDBG recommendations and the following recommended adjustments: He directed staff to allocate $500,000 to the Multigenerational Center in the 2020-2021 budget as well as to identify the resources to repair the Fink White Community Center roof so that the Boys and Girls Club can continue to operate. Council President Caprioglio seconded the motion. Councilmember Soria thanked the staff and the committee. She spoke regarding the capacity of the Division and expressed her concerns with having 5 vacancies. She stated she will not approve future consultant contracts for the Division until the vacancies are filled. She directed staff to bring forward an update on the next agenda to discuss how much training the new consultants have done or worked on the issues they were hired for. She asked what the plan was to fill the vacant authorized positions and stated she would like to hear from the consultants at the next meeting. She discussed the issues with affordable housing and stated she is concerned with the lack of capacity in the Division and the staff training the consultants. Director Clark responded. Assistant City Manager Schaad commented on the Multigenerational Center. He stated staff is figuring out how to accelerate the schedule and spend the money. He expressed his concern with not having it done in a timely fashion. His concerns with the $500,000 might create a risk in the project in scheduling and in cost. He stated that the CDBG money can only City of Fresno ***Subject to Mayoral Veto Page 9 City Council Meeting Minutes - Final May 2, 2019 be used for eligible projects. Council President Caprioglio suggested looking into outsourcing and that the Multigenerational Center is his top priority. Assistant City Manager Schaad responded. RESOLUTION 2019-096 ADOPTED On motion of Vice President Arias, seconded by President Caprioglio, that the above Action Item be adopted as amended. The motion carried by the following vote: Aye: 5 - Caprioglio, Arias, Soria, Chavez and Esparza Absent: 1 - Bredefeld 3-B ID19-1584 ***RESOLUTION - 39th Amendment to the Annual Appropriation Resolution (AAR) No. 2018-157 to appropriate $2,010,000 for Supplemental Refunds and Reimbursements to approved Developers in the Urban Growth Management and Development Impact Fee Programs (Requires 5 affirmative votes) (Subject to Mayor’s veto) The above item was introduced to Council by Assistant Director Benelli, Public Works Department. Upon call, there was no public comment. Council Vice President Arias requested that the staff report reflect who the City of Fresno is paying and for what services. RESOLUTION 2019-097 ADOPTED On motion of Vice President Arias, seconded by Councilmember Soria, that the above Action Item be adopted. The motion carried by the following vote: Aye: 5 - Caprioglio, Arias, Soria, Chavez and Esparza Absent: 1 - Bredefeld 4. CITY COUNCIL 4-A ID19-1620 Council Boards and Commissions Communications, Reports, Assignments and/or Appointments, Reappointments, Removals to/from City and non-City Boards and Commissions: City of Fresno ***Subject to Mayoral Veto Page 10 City Council Meeting Minutes - Final May 2, 2019 1. Association for the Beautification of Highway 99 - Soria, Arias 2. Budget Sub-Committee - Soria, Chavez, Caprioglio 3. Cannabis Ad Hoc Committee - Soria, Arias, Caprioglio 4. Council of Governments - Mayor Brand-Ex-Officio (Caprioglio) 5. Council Sub-committee on Homelessness - Chavez (Chair), Bredefeld, Arias 6. CDBG Sub-committee - (Pertaining to Housing and addressing the allocation of Funds) - Caprioglio, Soria, Arias 7. Code Enforcement Sub-Committee - Bredefeld, Caprioglio, Soria 8. Economic Development Corporation Serving Fresno County - Caprioglio-Ex-Officio, City Manager Wilma Quan and (Chavez - Alternate) 9. Enterprise and Construction Management Oversight Board - Chavez, Bredefeld-Alternate 10. Finance and Audit Committee - Bredefeld, Esparza-Chair, Vice Chair-Vacant 11. Fresno Area Workforce Investment Corporation - Soria 12. Fresno County Transportation Authority (FCTA) - Mayor Brand-Ex-Officio, (Caprioglio - Alternate) 13. Fresno Regional Workforce Development Board - Soria 14. Fresno County Zoo Authority - Mayor Brand-Ex-Officio, (Arias-Alternate) 15. Fresno Madera Area Agency on Aging Board - Chavez 16. Joint Powers Financing Authority - Mayor Brand, Soria, Caprioglio 17. League of California Cities (Annual Meeting) - Soria, Caprioglio - Alternate 18. Litigation Exposure Reduction Ad Hoc Committee -Caprioglio-Chair, Soria, Arias 19. North Kings Groundwater Sustainability Agency (GSA) Joint Powers Authority - Mayor Brand (Michael Carbajal, Tim Orman - Alternates) 20. San Joaquin River Conservancy Board - Mayor Brand-Ex-Officio, (Bredefeld-Alternate) 21. School Liaison Sub-Committee - Esparza-Chair, Chavez, Arias 22. Sub- Committee on Transportation - Arias, Caprioglio, Soria 23. Upper Kings Basin Integrated Regional Water Management JPA - Vacant (Michael Carbajal and Chavez - Alternates) Upon call, there was no public comment. City of Fresno ***Subject to Mayoral Veto Page 11 City Council Meeting Minutes - Final May 2, 2019 1. Association for the Beautification of Highway 99: Council Vice President Arias was appointed to the committee. Councilmember Soria motioned to appoint Council Vice President Arias to the Association for the Beautification of Highway 99 committee. Council President Caprioglio seconded the motion. The motion PASSED 5-0 vote. 3. Cannabis Ad Hoc Committee: Council President Caprioglio and Council Vice President Arias were appointed to the committee. Councilmember Chavez motioned to appoint Council President Caprioglio and Council Vice President Arias to the Cannabis Ad Hoc Committee. Councilmember Esparza seconded the motion. The motion PASSED 5-0 vote. 10. Finance and Audit Committee: Councilmember Esparza requested this committee be continued to a future meeting. 15. Fresno Madera Area Agency on Aging Board: Councilmember Chavez replaced Councilmember Esparza. Councilmember Esparza resigned from the Fresno Madera Area Agency on Aging Board due to scheduling conflict. Councilmember Esparza motioned to appoint Councilmember Chavez to the Fresno Madera Area Agency on Aging Board. Council President Caprioglio seconded the motion. The motion PASSED 5-0 vote. 17. League of California Cities (Annual Meeting): Councilmember Soria announced there were no vacant positions. The members on the committee are Councilmember Soria and Council President Caprioglio as the alternate. 18. Litigation Exposure Reduction Ad Hoc Committee: Council Vice President Arias and Councilmember Soria were appointed to the Ad Hoc committee. Council President Caprioglio appointed as the Chair. City of Fresno ***Subject to Mayoral Veto Page 12 City Council Meeting Minutes - Final May 2, 2019 Councilmember Chavez motioned to appoint Council Vice President Arias and Councilmember Soria to the Litigation Exposure Reduction Ad Hoc Committee and appoint Council President Caprioglio as the Chair. Council President Caprioglio seconded the motion. The motion PASSED 5-0 vote. Council Vice President Arias requested that the Mayor attend more of the San Joaquin River Conservancy Boards and requested legal counsel to update him in Closed Session. Councilmember Esparza gave an update on his first School Liaison Sub-Committee meeting for District 7, District 5 and District 3. 5. CLOSED SESSION PLEASE NOTE: UNSCHEDULED COMMUNICATION IS NOT SCHEDULED FOR A SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING UNSCHEDULED COMMUNICATION Upon call, the following member of the public address Council: David Love ADJOURNMENT City Council adjourned at 4:33 P.M. The above minutes were approved at the May 16, 2019 meeting with a motion from Councilmember Soria and a second from Councilmember Esparza. The motion passed on a 6-0 vote. City of Fresno ***Subject to Mayoral Veto Page 13

Agenda

City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Meeting Agenda - Final Thursday, May 2, 2019 1:30 PM Regular Meeting Council Chambers City Council President - Paul Caprioglio Vice President - Miguel Angel Arias Councilmembers: Esmeralda Z. Soria, District 2 - Vacant, 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 May 2, 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 May 2, 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 May 2, 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 May 2, 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 May 2, 2019 1:32 P.M. ROLL CALL Invocation given by Deputy Police Chief Patrick Farmer, Fresno Police Department. Pledge of Allegiance to the Flag APPROVE AGENDA APPROVE MINUTES ID19-1393 Approval of minutes for April 25, 2019. Sponsors: City Clerk's Office CEREMONIAL PRESENTATIONS ID19-1614 Proclamation of “Municipal Clerk’s Week” Sponsors: Council President Caprioglio ID19-1219 Proclamation of “Vietnam Veterans Committee Members Day” Sponsors: Council President Caprioglio ID19-1599 Proclamation of the “10th Anniversary of CFDI Day” Sponsors: Councilmember Soria ID19-1537 Proclamation of “Norman “JR” Norwood Jr. Day” Sponsors: Mayor's Office ID19-1540 Proclamation of “Peace Officers Memorial Day” and May 12 through May 18, 2019 as “National Police Week” Sponsors: Mayor's Office ID19-1280 Announcement of Marisol Baca as Fresno’s Poet Laureate Sponsors: Mayor's Office ID19-1627 Proclamation of “Camp Kesem Day” Sponsors: Council President Caprioglio COUNCILMEMBER REPORTS AND COMMENTS 1. CONSENT CALENDAR City of Fresno ***Subject to Mayoral Veto Page 6 City Council Meeting Agenda - Final May 2, 2019 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 ID19-1592 Authorize First Amendment to the November 9, 2017 Memorandum of Understanding between the City of Fresno and Fresno Building Healthy Communities regarding the BMX project at Mary Ella Brown Community Center Park approving project scope, timeline, and budget and authorizing an additional $135,140 for city-initiated project augmentation (District 3) Sponsors: Parks, After School and Recreation and Community Services Department 1-B ID19-1596 Actions pertaining to 10-Inch Sewer Main Installation in South Willow Avenue (Bid File 3651) (County of Fresno): 1. Adopt a finding of Categorical Exemption pursuant to Class 3, Section 15303(d) (New Construction) of the California Environmental Quality Act Guidelines 2. Award a Construction Contract to Haydon Construction, Inc., in the amount of $271,537 3. Authorize the Director of Public Utilities, or designee, to sign the contract on behalf of the City of Fresno Sponsors: Department of Public Utilities 1-C ID19-1616 ***RESOLUTION - Creating Roles and Responsibilities for the Citywide Records Management Program (Subject to Mayor’s veto) Sponsors: City Clerk's Office 1-D ID19-1621 Actions pertaining to the Perrin Avenue and Liberty Hill Road Traffic Signal Modification - Bid File No. 3656 (Council District 6) 1. Adopt a finding of Categorical Exemption per staff determination, pursuant to Section 15301(c) of the CEQA guidelines. 2. Award a construction contract in the amount of $207,309 City of Fresno ***Subject to Mayoral Veto Page 7 City Council Meeting Agenda - Final May 2, 2019 to Sturgeon Electric, LLC., of Chino, CA. Sponsors: Public Works Department 2. SCHEDULED COUNCIL HEARINGS AND MATTERS 10:00 A.M. (HEARING CONTINUED TO 1:35 P.M.) ID19-1583 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 (Assessor’s Parcel Number 505-281-21) (east side of North Grantland Avenue between West Barstow and Roberts Avenue) (Council District 2) 1. *** RESOLUTION - Annexing Territory to Community Facilities District No. 9 and Authorizing the Levy of a Special Tax (Subject to Mayor’s Veto) 2. *** RESOLUTION - Calling Special Mailed-Ballot Election (Subject to Mayor’s Veto) 3. *** RESOLUTION - Declaring Election Results (Subject to Mayor’s Veto) 4. *** BILL - (For introduction and adoption) - Levying a Special Tax for the Property Tax Year 2018-2019 and Future Tax Years Within and Relating to Community Facilities District No. 9, Annexation No. 39 (Subject to Mayor’s Veto) Sponsors: Public Works Department 1:30 P.M.#1 CONTESTED CONSENT CALENDAR 1:30 P.M.#2 ID19-1420 HEARING to Consider Acceptance of the Southern Blackstone Avenue Smart Mobility Strategy 1. ADOPT a finding that there is no possibility that acceptance of the Southern Blackstone Avenue Smart Mobility Strategy will have a significant effect on the environment and is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3); 2. RESOLUTION - Accepting the Southern Blackstone Avenue Smart Mobility Strategy. Sponsors: Development and Resource Management Department City of Fresno ***Subject to Mayoral Veto Page 8 City Council Meeting Agenda - Final May 2, 2019 1:35 P.M.#1 ID19-1615 CONTINUED 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 (Assessor’s Parcel Number 505-281-21) (east side of North Grantland Avenue between West Barstow and Roberts Avenue) (Council District 2) 1. *** RESOLUTION - Annexing Territory to Community Facilities District No. 9 and Authorizing the Levy of a Special Tax (Subject to Mayor’s Veto) 2. *** RESOLUTION - Calling Special Mailed-Ballot Election (Subject to Mayor’s Veto) 3. *** RESOLUTION - Declaring Election Results (Subject to Mayor’s Veto) 4. *** BILL - (For introduction and adoption) - Levying a Special Tax for the Property Tax Year 2018-2019 and Future Tax Years Within and Relating to Community Facilities District No. 9, Annexation No. 39 (Subject to Mayor’s Veto) Sponsors: Public Works Department 1:35 P.M. #2 HEARING CONTINUED TO 3:30 P.M. ID19-1612 CONTINUED HEARING to consider Conditional Use Permit Application Nos. P18-03222 and P18-03223, located on the northwest corner of North Cedar Avenue and East Tulare Street (Council District 7) 1. ADOPT Environmental Assessment Nos. P18-03222 and P18-03223 dated February 20, 2019, a determination that the proposed project is exempt from the California Environmental Quality Act (CEQA) through a Class 32 Categorical Exemption. 2. ADOPT findings pursuant to Government Code Section 65863(b)(2) that there is substantial evidence in the record that remaining sites identified in the Housing Element can accommodate the City of Fresno’s share of the Regional Housing Needs Assessment (RHNA). 3. APPROVE Conditional Use Permit Application No. P18- 03222 requesting authorization to develop a 3,052 City of Fresno ***Subject to Mayoral Veto Page 9 City Council Meeting Agenda - Final May 2, 2019 -square-foot convenience store and service station with eight fueling positions, subject to compliance with the Conditions of Approval dated February 20, 2019. 4. DENY Conditional Use Permit Application No. P18-03223 requesting authorization to establish a State of California Alcoholic Beverage Control (ABC) Type 20 (Package Store - sale of beer and wine for consumption off the premises where sold) license for the proposed convenience market. Sponsors: Development and Resource Management Department 3:30 P.M. ID19-1618 CONTINUED HEARING to consider Conditional Use Permit Application Nos. P18-03222 and P18-03223, located on the northwest corner of North Cedar Avenue and East Tulare Street (Council District 7) 1. ADOPT Environmental Assessment Nos. P18-03222 and P18-03223 dated February 20, 2019, a determination that the proposed project is exempt from the California Environmental Quality Act (CEQA) through a Class 32 Categorical Exemption. 2. ADOPT findings pursuant to Government Code Section 65863(b)(2) that there is substantial evidence in the record that remaining sites identified in the Housing Element can accommodate the City of Fresno’s share of the Regional Housing Needs Assessment (RHNA). 3. APPROVE Conditional Use Permit Application No. P18- 03222 requesting authorization to develop a 3,052 -square-foot convenience store and service station with eight fueling positions, subject to compliance with the Conditions of Approval dated February 20, 2019. 4. DENY Conditional Use Permit Application No. P18-03223 requesting authorization to establish a State of California Alcoholic Beverage Control (ABC) Type 20 (Package Store - sale of beer and wine for consumption off the premises where sold) license for the proposed convenience market. Sponsors: Development and Resource Management Department City of Fresno ***Subject to Mayoral Veto Page 10 City Council Meeting Agenda - Final May 2, 2019 3. GENERAL ADMINISTRATION 3-A ID19-1555 ***RESOLUTION - Adopting the City of Fresno’s (City) 2019-2020 Annual Action Plan; approving submission to the U.S. Department of Housing and Urban Development (HUD) for application of Community Development Block Grant (CDBG), Home Investment Partnerships (HOME), Emergency Solutions Grant (ESG), and Housing Opportunities for Persons With Aids/HIV (HOPWA) Program Funds; and providing for subrecipient agreements. (Subject to Mayor’s veto) Sponsors: Development and Resource Management Department 3-B ID19-1584 ***RESOLUTION - 39th Amendment to the Annual Appropriation Resolution (AAR) No. 2018-157 to appropriate $2,010,000 for Supplemental Refunds and Reimbursements to approved Developers in the Urban Growth Management and Development Impact Fee Programs (Requires 5 affirmative votes) (Subject to Mayor’s veto) Sponsors: Public Works Department 4. CITY COUNCIL 4-A ID19-1620 Council Boards and Commissions Communications, Reports, Assignments and/or Appointments, Reappointments, Removals to/from City and non-City Boards and Commissions: 1. Association for the Beautification of Highway 99 - Soria 2. Budget Sub-Committee - Soria, Chavez, Caprioglio 3. Cannabis Ad Hoc Committee - Soria 4. Council of Governments - Mayor Brand-Ex-Officio (Caprioglio) 5. Council Sub-committee on Homelessness - Chavez (Chair), Bredefeld, Arias 6. CDBG Sub-committee - (Pertaining to Housing and addressing the allocation of Funds) - Caprioglio, Soria, Arias 7. Code Enforcement Sub-Committee - Bredefeld, Caprioglio, Soria 8. Economic Development Corporation Serving Fresno City of Fresno ***Subject to Mayoral Veto Page 11 City Council Meeting Agenda - Final May 2, 2019 County - Caprioglio-Ex-Officio, City Manager Wilma Quan and (Chavez - Alternate) 9. Enterprise and Construction Management Oversight Board - Chavez, Bredefeld-Alternate 10. Finance and Audit Committee - Bredefeld, Esparza-Chair, Vice Chair-Vacant 11. Fresno Area Workforce Investment Corporation - Soria 12. Fresno County Transportation Authority (FCTA) - Mayor Brand-Ex-Officio, (Caprioglio - Alternate) 13. Fresno Regional Workforce Development Board - Soria 14. Fresno County Zoo Authority - Mayor Brand-Ex-Officio, (Arias-Alternate) 15. Fresno Madera Area Agency on Aging Board - Esparza 16. Joint Powers Financing Authority - Mayor Brand, Soria, Caprioglio 17. League of California Cities (Annual Meeting) - Soria, Vacant, (Caprioglio - Alternates) 18. Litigation Exposure Reduction Ad Hoc Committee - Vacant, Caprioglio 19. North Kings Groundwater Sustainability Agency (GSA) Joint Powers Authority - Mayor Brand (Michael Carbajal, Tim Orman - Alternates) 20. San Joaquin River Conservancy Board - Mayor Brand-Ex-Officio, (Bredefeld-Alternate) 21. School Liaison Sub-Committee - Esparza-Chair, Chavez, Arias 22. Sub- Committee on Transportation - Arias, Caprioglio, Soria 23. Upper Kings Basin Integrated Regional Water Management JPA - Vacant (Michael Carbajal and Chavez - Alternates) Sponsors: Council President Caprioglio 5. CLOSED SESSION PLEASE NOTE: UNSCHEDULED COMMUNICATION IS NOT SCHEDULED FOR A SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING UNSCHEDULED COMMUNICATION City of Fresno ***Subject to Mayoral Veto Page 12 City Council Meeting Agenda - Final May 2, 2019 Members of the public may address the Council regarding items that are not listed on the agenda and within the subject matter jurisdiction of the Council. Each person is limited to a three (3) minute presentation. Anyone wishing to be placed on an agenda for a specified topic should contact the City Clerk’s Office at least ten (10) days prior to the desired date. Council action on unscheduled items, if any, shall be limited to referring the item to staff for a report and possible scheduling on a future Council agenda. ADJOURNMENT UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS 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 Area FY 2020 SCHEDULED BUDGET HEARINGS June 3, 2019 - 9:00 A.M. Mayor's Presentation, GF Overview, Police Department, Fire Department, PARCS June 6, 2019 - 9:00 A.M. ISD, Personnel Services Department, Convention Center, DPU June 10, 2019 - 10:00 A.M. (Or shortly thereafter) Public Works Department, Airports Department, DARM, Transportation Department (FAX) June 11, 2019 - 9:00 A.M. City Attorney's Office, City Clerk's Office, GCP (Includes Retirement), City Council Offices, Mayor and City Manager's Office June 18, 2019 - 9:00 A.M. Vote on Motions City of Fresno ***Subject to Mayoral Veto Page 13 City Council Meeting Agenda - Final May 2, 2019 June 20, 2019 - 9:00 A.M. (Budget hearing is part of the regular Council meeting) Vote on Budget June 27, 2019 - 9:00A.M. (Budget hearing is part of the regular Council meeting) (Reserved for Final Vote, if needed) UPCOMING EMPLOYEE CEREMONIES 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 MAY 9 - NO MEETING MAY 16 - 9:00 A.M. MEETING MAY 23 - NO MEETING MAY 30 - NO MEETING JUNE 6 - NO MEETING JUNE 13 - 9:00 A.M. MEETING JUNE 20 - 9:00 A.M. MEETING JUNE 27 - 9:00 A.M. MEETING City of Fresno ***Subject to Mayoral Veto Page 14

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