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City Council

Regular Meeting

Fresno, CA · June 13, 2019

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Minutes

City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Meeting Minutes - Final Thursday, June 13, 2019 9:00 AM 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 Minutes - Final June 13, 2019 The City Council met in regular session in the Council Chambers, City Hall on the date and time written above. 9:03 A.M. ROLL CALL Present: 6 - President Paul Caprioglio Vice President Miguel Angel Arias Councilmember Esmeralda Z. Soria Councilmember Luis Chavez Councilmember Garry Bredefeld Councilmember Nelson Esparza Invocation by member of the public, Andy Hansen-Smith. Pledge of Allegiance to the Flag APPROVE AGENDA City Clerk Spence announced the following changes to the agenda: File ID 19-1774 (1-AA) ***Resolution - adopt the Sewer System Management Plan 2019 update as recommended by the Statewide General Waste Discharge requirements for sanitary sewer collection systems (Citywide) (Subject to Mayor's veto) this item was removed from the agenda by staff, File ID 19-1815 (4-C) - Resolution - initiating a text amendment to the Zoning Ordinance of the City of Fresno to add chapter 15, article 24, section 15-2424 of the Fresno Municipal Code relating to an expedited, streamlined permitting process for Electric Vehicle Charging Stations, pursuant to Fresno Municipal Code Section 15-1503-A1, this item was removed from the agenda by staff, File ID 19-1792 (10:00 A.M. #1) - TEFRA Hearing - to hear and consider information concerning the proposed issuance of tax-exempt bonds by the California Enterprise Development Authority for the purpose of financing the development, construction, installation, equipping and furnishing of two facilities. The hearing listed an amount of $180 million but the amount was corrected to $195 million. On motion of Councilmember Chavez, seconded by Councilmember Soria, that the above be adopted as amended. The motion carried by the following vote: Aye: 6 - Caprioglio, Arias, Soria, Chavez, Bredefeld and Esparza APPROVE MINUTES City of Fresno ***Subject to Mayoral Veto Page 2 City Council Meeting Minutes - Final June 13, 2019 ID19-1396 Approval of minutes for May 16, 2019. On motion of Councilmember Soria, seconded by Councilmember Chavez, that the above Action Item be approved. The motion carried by the following vote: Aye: 6 - Caprioglio, Arias, Soria, Chavez, Bredefeld and Esparza ID19-1833 Approval of Budget minutes for June 3, 2019 and June 6, 2019. On motion of Councilmember Soria, seconded by Councilmember Chavez, that the above Action Item be approved. The motion carried by the following vote: Aye: 6 - Caprioglio, Arias, Soria, Chavez, Bredefeld and Esparza CEREMONIAL PRESENTATIONS THE BELOW PROCLAMATIONS WERE PRESENTED ID19-1768 Proclamation of “Retired Fresno Police Officer Jouroyan” ID19-1608 Presentation of the SPCA Pet of the Month ID19-1753 Presentation of a $25,000 check from PG&E to offset costs associated with operation of the cooling centers. ID19-1655 Government Finance Officers Association’s Distinguished Budget Presentation Award Recognition, Budget and Management Studies ID19-1853 Proclamation of “Immigration Heritage Month” 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, Rev. Tim Kutzmark, Jim Grant, Paul White, Aaron Foster, Pastor Joby Jones and Ashley Rojas. Council Vice President Arias thanked the members of the public for addressing Council regarding the Advance Peace Program. City of Fresno ***Subject to Mayoral Veto Page 3 City Council Meeting Minutes - Final June 13, 2019 Council Vice President Arias motioned to fund $300,000 to the Advance Peace Program. Councilmember Esparza seconded the motion. Councilmember Esparza and Councilmember Soria thanked the members of the public for addressing Council and supports the Advance Peace program. Councilmember Bredefeld expressed his disagreement with Council Vice President Arias' comments regarding the Police Department. COUNCILMEMBER REPORTS AND COMMENTS Council President Caprioglio congratulated Dr. Castro and the Fresno State Class of 2019 for their record number of graduates. He announced Saturday, June 8, 2019 was a kick ball tournament at Troy Center and thanked the North East Police Department and bike unit for their help. Councilmember Esparza announced he attended the following: Grand opening of Lotus Kitchen located on Cedar Avenue, Fresno Philharmonic Link up concert at the Saroyan Theater, First 5 of Fresno County townhall regarding Early Childhood Eduction and the Merchants Association of Fresno - Fresno State picnic for Blackstone. He presented a proclamation for the "Asian-American Pacific Islander Month" at Chuckchansi Park. He stated he will be attending the University of California San Francisco (UCSF) Commencement for 2019 at the Saroyan Theater, Thursday, June 13, 2019. Councilmember Soria congratulated all classes of 2019 and thanked all the educators for all their hard work. She thanked the City of Fresno and their partners for opening the cooling centers and stated there are free FAX rides to travel to the cooling centers from 12-8PM. She spoke regarding the upcoming Blue space located at Edison, Fresno, Hoover, Sunnyside and Roosevelt High Schools. She asked the Administration about the Weed Abatement program and wanted to know how the issues are being addressed. City Manager Quan replied. 1. CONSENT CALENDAR Council Vice President Arias left the meeting at 10:09 A.M. City of Fresno ***Subject to Mayoral Veto Page 4 City Council Meeting Minutes - Final June 13, 2019 Councilmember Bredefeld registered a no vote on item 1-M On motion of Councilmember Soria, seconded by President Caprioglio, the below CONSENT CALENDAR items were adopted. The motion carried by the following vote: Aye: 5 - Caprioglio, Soria, Chavez, Bredefeld and Esparza Absent: 1 - Arias 1-A ID19-1666 Approve the Solutions Agreement with Superion LLC (Superion) to renew software hosting, maintenance, and support services annually for five years in an amount not to exceed $225,000 per year. 1-B ID19-1628 ***RESOLUTION - Repealing Resolution No. 2017-339 and Clarifying Procedures for Retention and Production of Public Records Contained in Electronic Media (Subject to Mayor’s veto) The above item was removed from the agenda by Council Vice President Arias and continued to June 20, 2019. 1-C ID19-1456 Actions relating to the purchase of on-board vehicle traffic signal priority equipment 1. Award a sole source purchase agreement to Opticom/Global Traffic Technologies in the amount of $223,844.33 for the purchase of on-board vehicle traffic signal priority equipment 2. RESOLUTION - Approve an exception to formal bidding procedures and awarding a sole source contract for on-board vehicle traffic signal priority equipment RESOLUTION 2019-108 ADOPTED 1-D ID19-1634 Actions relating to the purchase of traffic signal priority technology 1. Award a sole source purchase agreement to Opticom/Global Traffic Technologies in the amount of $210,205.73 for the purchase of traffic signal priority technology 2. RESOLUTION - Approve an exception to formal bidding procedures and awarding a sole source agreement for traffic signal priority technology RESOLUTION 2019-109 ADOPTED 1-E ID19-1721 Approve the award of a cooperative purchase agreement to Pape Kenworth of Fresno, CA, for the purchase of six Kenworth T300 trucks in the amount of $435,983 1-F ID19-1714 Action pertaining to non-transient motels: 1. ***BILL NO. B-14 - (Intro 5/16/2019) (For adoption) - Adding Article 18 City of Fresno ***Subject to Mayoral Veto Page 5 City Council Meeting Minutes - Final June 13, 2019 to Chapter 10 of the Fresno Municipal Code adopting a non-transient motel inspection program. (Subject to Mayor’s veto) The above item was pulled from the Consent Calendar by Council President Caprioglio and moved to Contested Consent for further discussion. 1-G ID19-1752 Approve the Appointment of Lucio Avila to the Bicycle and Pedestrian Advisory Committee (BPAC) 1-H ID19-1773 Approve the appointment of Alysia Bonnez to the Fresno Regional Workforce Development Board 1-I ID19-1814 Approve the appointment of Pablo Villagrana to the City of Fresno Capital Projects Oversight Board 1-J ID19-1868 ***RESOLUTION - Amending and restating Resolution 2007-110 establishing the Finance and Audit Committee (Subject to Mayor’s veto) RESOLUTION 2019-110 ADOPTED 1-K ID19-1825 Approve the appointment of S. Matthew Cunningham to the Fresno Madera Area on Aging Board. 1-L ID19-1649 Actions pertaining to the Building and Safety Services Division professional plan check services: 1. Approve the Seventh Amendment to extend the current Consultant Services Agreement between Brooks Ransom and Associates and the City of Fresno until September 30, 2019 and to increase the contract amount by an additional $30,000. 2. Approve the Seventh Amendment to extend the current Consultant Services Agreement between Interwest and the City of Fresno until September 30, 2019. The above item was pulled from the Consent Calendar by Councilmember Esparza and moved to Contested Consent for further discussion. 1-M ID19-1690 Approve a consultant services agreement between the City of Fresno and Quad Knopf, Inc., to prepare an Environmental Impact Report evaluating the proposed regulation and permitting of commercial cannabis activities not to exceed the amount of $300,000. On motion of Councilmember Soria, seconded by President Caprioglio, that the above Action Item be approved. The motion carried by the following vote: Aye: 4 - Caprioglio, Soria, Chavez and Esparza No: 1 - Bredefeld City of Fresno ***Subject to Mayoral Veto Page 6 City Council Meeting Minutes - Final June 13, 2019 Absent: 1 - Arias 1-N ID19-1764 Actions pertaining to California Health and Safety Code Sections 13146.2 and 13146.3: 1. Approve the measure of compliance of the Fresno Fire Department for certain occupancies in the City of Fresno. 2. RESOLUTION - Acknowledging receipt of a report made by the Fire Chief of the Fresno Fire Department regarding annual inspections of certain occupancies. The above item was pulled from the Consent Calendar by Councilmember Soria and moved to Contested Consent for further discussion. 1-O ID19-1746 Approve an agreement for professional engineering services with Provost & Pritchard Engineering Group for $67,500 plus $10,000 for contingencies for design and construction support services for the Chestnut Avenue Overlay Project from Bullard Avenue to Herndon Avenue (Council District 6) 1-P ID19-1459 ***RESOLUTION - 33rd Amendment to the Annual Appropriation Resolution No. 2018-157 appropriating $20,000 to commence design work for the Shaw Avenue and Maple Avenue Pedestrian Scramble and Cycle Track Project (Requires 5 affirmative votes) (Subject to Mayor’s veto) (Council District 4) RESOLUTION 2019-111 ADOPTED 1-Q ID19-1743 Approve the acquisition of a 1,311 square foot street easement at the northeast corner of West Clinton and North Valentine Avenues for $ 35,400 in monetary consideration (Council District 3) 1-R ID19-1798 Actions pertaining to the Installation of 16” Water Main in West Shaw Avenue from 570’ East of Veterans Blvd. to Bryan Ave. - Project Bid File No. 3659 (Council District 1) 1. Adopt finding of Categorical Exemption pursuant to Class 3 Section 15303(d) (new construction) of the California Environmental Quality Act (CEQA) Guidelines for the Installation of 16” Water Main in West Shaw Avenue from 570’ East of Veterans Blvd. to Bryan Ave. 2. Award a construction contract to West Valley Construction Company, Inc. of Fresno, CA, in the amount of $173,885 for the Installation of 16” Water Main in West Shaw Avenue from 570’ East of Veterans Blvd. to Bryan Ave. 1-S ID19-1749 Approve Contract Change Order Number 6 to the Blackstone Avenue and Shields Avenue Intersection Improvements project construction contract with American Paving Company of Fresno California, to increase the total City of Fresno ***Subject to Mayoral Veto Page 7 City Council Meeting Minutes - Final June 13, 2019 construction contract amount by $140,000 and add sixty working days of contract time (Bid File 3488) (Council District 7) The above item was pulled from the Consent Calendar by Councilmember Esparza and moved to Contested Consent for further discussion. 1-T ID19-1758 RESOLUTION - Approving the Final Map of Tract No. 5913 and accepting dedicated public uses offered therein except for dedications offered subject to City acceptance of developer installed required improvements - between South Armstrong Avenue, South Temperance Avenue, East California Avenue Alignment and East Butler Avenue (Council District 5) RESOLUTION 2019-112 ADOPTED 1-U ID19-1802 1. ***Approve a Side Letter of Agreement with the Fresno City Employees Association (FCEA) representing Unit 3 which provides for equity increases for various classifications (Subject to Mayor’s Veto) 2. ***RESOLUTION - 12th Amendment to FY 2019 Salary Resolution No. 2018-159, amending Exhibit 3, Unit 3, Non-Supervisory White Collar (FCEA) to implement a previously approved wage increase and to implement phase two of the 2018 Classification and Compensation agreement with FCEA (Subject to Mayor’s Veto) 3. ***Approve a Side Letter of Agreement with the Fresno City Employees Association (FCEA) representing Unit 3 which amends provisions of the Memorandum of Understanding (MOU) between the City and FCEA regarding Uniform Allowances and the Health Reimbursement Arrangement (HRA) (Subject to Mayor’s Veto) 4. ***Approve a Side Letter of Agreement with the Fresno City Employees Association (FCEA) representing Unit 3 which outlines agreement for the Development and Resource Management (DARM) department to proceed with contracting out work for the Third Party Plan Review program and Plan Check work as necessary (Subject to Mayor’s Veto) RESOLUTION 2019-113 ADOPTED 1-V ID19-1803 ***Approve a Side Letter of Agreement with the City of Fresno Professional Employees Association (CFPEA), representing Unit 13-1 and 13-2, Unit 3 which outlines agreement for the Development and Resource Management (DARM) department to proceed with Third Party Plan Check Review and the contracting of Plan Check work as necessary (Subject to Mayor’s Veto) 1-W ID19-1674 Actions pertaining to a lease agreement, to lease property for Special Investigation Bureau offices located at 5051-5059 E. McKinley. City of Fresno ***Subject to Mayoral Veto Page 8 City Council Meeting Minutes - Final June 13, 2019 1. Adopt a finding of Categorical Exemption Class 1/Section 15301 (Existing Facilities) of the California Environmental Quality Act Guidelines 2. Approve a lease agreement between the City of Fresno and HR, LLC, a California limited liability company, to lease property for Special Investigation Bureau offices located at 5051-5059 E. McKinley. The above item was pulled from the Consent Calendar by Council Vice President Arias and moved to Contested Consent for further discussion. 1-X ID19-1720 Approve the Workforce Innovation and Opportunity Act (WIOA) Mandated Partner Memorandum of Understanding (MOU) between the Fresno Regional Workforce Development Board (FRWDB) and the State of California Employment Development Department (EDD) 1-Y ID19-1771 Approve and authorize the Mayor to execute the Fresno Regional Workforce Development Board’s application through the California Workforce Development Board (State Board) for Local Board Certification for the period of July 1, 2019, to June 30, 2021. 1-Z ID19-1766 Approval of a First Amendment to the Agreement entered between the City of Fresno and the SMG for a six-month extension. The above item was pulled from the Consent Calendar by Council Vice President Arias and moved to Contested Consent for further discussion. 1-AA ID19-1774 ***RESOLUTION - Adopt the Sewer System Management Plan 2019 update as recommended by the Statewide General Waste Discharge requirements for sanitary sewer collection systems (Citywide) (Subject to Mayor’s Veto) The above item was removed from the agenda by staff. 1-BB ID19-1775 Actions related to the First Amendments to the Service Agreements with Mid-Valley Recycling, LLC, and Cedar Avenue Recycling and Transfer Station, LP (Citywide): 1. Approve a First Amendment to the Service Agreement with Mid-Valley Recycling, LLC 2. Approve a First Amendment to the Service Agreement with Cedar Avenue Recycling and Transfer Station, LP The above item was removed from the agenda by Council Vice President Arias and continued to June 20, 2019. 1-CC ID19-1777 Actions pertaining to Plant Nitrate Assessment and Treatment City of Fresno ***Subject to Mayoral Veto Page 9 City Council Meeting Minutes - Final June 13, 2019 Evaluation/Selection at the Regional Wastewater Reclamation Facility (Council District 3) 1. Adopt a finding of Categorical Exemption pursuant to Class 6, Section 15306 of the California Environmental Quality Act Guidelines 2. Approve consultant services agreement with Carollo Engineers in an amount not to exceed $399,082 1-DD ID19-1778 Actions pertaining to Furnish and Install Intelligent Transportation System Fiber Optic Facilities at the Northeast Surface Water Treatment Facility (Bid File 3643) (Council District 6): 1. Adopt a finding of Categorical Exemption pursuant to Class 1/Section 15301 (Existing Facilities) and Class 3/Section 15303 (New Construction or Conversion of Small Structures) of the California Environmental Quality Act Guidelines 2. ***RESOLUTION - 41st Amendment to the Annual Appropriation Resolution No. 2018-157 to appropriate $227,500 to fully fund the award of a contract and staff support costs to furnish and install intelligent transportation system fiber optic facilities at the Northeast Surface Water Treatment Facility (Requires 5 affirmative votes) (Subject to Mayor’s veto) 3. Award a construction contract to Kertel Communications, Inc., dba Sebastian, in the amount of $259,772 RESOLUTION 2019-114 ADOPTED 1-EE ID19-1780 Reject the bid proposal for Lift Station 14 Rehabilitation (Bid File 3625) (Council District 2) 1-FF ID19-1784 Actions pertaining to construction of 850 linear feet of Water Main Installation for the Mono Street and H Street Downtown Water Main Enhancements project (Council District 3): 1. Adopt findings of Section 15282 (Other Statutory Exemptions) of the California Environmental Quality Act Guidelines 2. Award a construction contract to Dawson-Mauldin LLC, in the amount of $349,049.55 1-GG ID19-1843 Authorize the City Manager to execute an Amended and Restated Biomethane Purchase and Sales Agreement with Colony Energy Partners, LLC. 1-HH ID19-1794 Actions pertaining to well site improvements at Pump Station 241-2, located at 2529 North Barton Avenue (Bid File 3649) (Fresno County and Council District 7) 1. Adopt a finding of Categorical Exemption pursuant to Section 15301/Class 1 and Section 15303/Class 3 of the California Environmental Quality Act Guidelines City of Fresno ***Subject to Mayoral Veto Page 10 City Council Meeting Minutes - Final June 13, 2019 2. Award a construction contract to Smith Construction Company, Inc., in the amount of $366,890.38 1-II ID19-1799 Actions pertaining to North Avenue sewer trunk main emergency repair (Council District 5): 1. Adopt a finding of Categorical Exemption pursuant to Class 1, Section 15301(b) (Existing Facilities) and Section 15301(d) (Restoration or Rehabilitation) of the California Environmental Quality Act Guidelines 2. ***RESOLUTION - Declaring an urgent necessity for the preservation of life, health, property, and authorizing the Purchasing Manager of the Finance Department, or designee, to contract with Floyd Johnston Construction Co., Inc., without advertised competitive bidding for the emergency repair of the North Avenue sewer trunk main (Requires 5 votes) (Subject to Mayor’s Veto) 3. Award a construction contract to Floyd Johnston Construction Co., Inc., in the amount of $450,000 RESOLUTION 2019-115 ADOPTED 1-JJ ID19-1800 Approve a Fourth Amendment to the Agreement with Provost and Pritchard Engineering Group, Inc., amending the scope of work for Engineering Design and Feasibility Analysis for Removal of 1,2,3-Trichloropropane from Groundwater Wells (Citywide) 2. SCHEDULED COUNCIL HEARINGS AND MATTERS 10:00 A.M.#1 ID19-1792 TEFRA HEARING - To hear and consider information concerning the proposed issuance of Revenue Bonds by California Municipal Finance Authority (CMFA) for the purpose of financing and refinancing the acquisition, construction, furnishing and equipping of The Terraces at San Joaquin Gardens 1. ***RESOLUTION - Approving the issuance by the CMFA of Multifamily Housing Revenue Bonds, Series 2019 (HumanGood) in an aggregate principal not to exceed $195 million for the purpose of financing and refinancing the acquisition, construction, furnishing and equipping of The Terraces at San Joaquin Gardens and certain other matters relating thereto (Subject to Mayor’s veto). The item was called to order at 10:11 A.M. Council Vice President Arias returned to Council at 10:11 A.M. City of Fresno ***Subject to Mayoral Veto Page 11 City Council Meeting Minutes - Final June 13, 2019 The above item was introduced to Council by Principal Accountant Hardcastle, Finance Department. Upon call, the following members of the public addressed Council: Jay Justice Lima and Rod Anaforian. RESOLUTION 2019-116 ADOPTED On motion of Councilmember Bredefeld, seconded by Councilmember Chavez, that the above Action Item be adopted. The motion carried by the following vote: Aye: 6 - Caprioglio, Arias, Soria, Chavez, Bredefeld and Esparza 10:00 A.M.#2 ID19-1770 Essay on Fresno; Homelessness by Kahlan Fitzcharles PRESENTED 10:05 A.M.#1 SCHEDULED COMMINCATION ID19-1826 Appearance by Gary Doesekle to discuss the homeless issues by the Convention Center. (Speaker resides in District 4) DID NOT APPEAR 10:10 A.M. ID19-1863 Appearance by Gidai Maaza and Cesar CasaMayor to discuss the Measure Cannabis Business tax and the need to define the regulations. Mr. CasaMayor spoke regarding the Measure Cannabis Business tax and the need to define the regulations. APPEARED 10:00 A.M.#3 ID19-1807 WORKSHOP - Update regarding Proposition 68 California State-wide Grant Opportunities for Quigley Park, Radio Park and new park development at Orangewood and Church Avenue The above workshop was presented to Council by Assistant Director City of Fresno ***Subject to Mayoral Veto Page 12 City Council Meeting Minutes - Final June 13, 2019 Chamberlin, PARCs Department. PRESENTED 10:05 A.M.#2 ID19-1748 HEARING to Consider Adoption of the 551st Amendment to the Master Fee Schedule Resolution No. 80-420 to Increase Fire Facility Impact Fees (Fire Impact Fees); Acceptance and Adoption of the Public Review Draft Nexus Study Reports for the Fire Impact Fee Program (Citywide). 1. Adopt a Finding of Statutory Exemption that a Fire Facilities Impact Fee update is exempt pursuant to Public Resources Code Section 21080(b)(8) and Section 15273 of the California Environmental Quality Act (CEQA) Guidelines. 2. ***RESOLUTION - 551st Amendment to the Master Fee Schedule Resolution No. 80-420 to Adjust Citywide Fire Impact Fees. (Subject to Mayor’s Veto) 3. RESOLUTION - Establishing Findings Pursuant to California Government Code Sections 65961 and 66498.1(c)(1), Finding that Failure to Impose the Increased Fire Impact Fee on New Development, Including Approved Vesting Tentative Maps, Would Place Future and Existing Residents in a Condition Dangerous to Their Health and Safety. The item was called to order at 10:41 P.M. The above item was introduced to Council by Assistant Director Benelli, Public Works Department. Council President Caprioglio expressed his concerns with the amount of the fee increase. He asked staff to come up with a way for fees to be gradually increased. He asked if there are existing buildings that can be converted into a fire station and stated he can not support the fee increase at a 142%. He spoke regarding more police substations in the new areas and stated District 4 is being neglected as services continue to grow out. Assistant Director Benelli and Director Mozier responded. Upon call, the following members of the public addressed Council: Andy Hansen-Smith and Jay Justice Lima. Council Vice President Arias expressed his concerns with the fire fee increase while actively the City of Fresno is waiving fire fees from several City of Fresno ***Subject to Mayoral Veto Page 13 City Council Meeting Minutes - Final June 13, 2019 businesses. City Manager Quan requested a list of fees being waived from last years. Director Mozier responded. Council Vice President Arias asked in the past two years of the fees being waived how much more money from the general fund did the City of Fresno put into Capital Public Safety Facilities and asked how many more fire and police stations does public safety need. He stated that there were 31 projects that have been waived. He spoke regarding the need for fees to be increased but does not agree with waiving fees from the bigger companies while the smaller businesses have to make up the gap in increased fees. He stated he does not support the item as presented. Staff responded. Councilmember Soria asked if comparisons have been done with the surrounding areas. Deputy Chief Semonious responded. She requested a comparison from other cities regarding the impact fees and what will be proposed in the near future for residents. Councilmember Chavez spoke regarding the support of the BIA and stated there needs to be a policy conversation on what the comfort level of the Council is, so there are no longer mixed messages. He directed the Administration to provide Council with information regarding Ulta and the numbers of jobs provided. Council Vice President Arias requested to include the City of Fresno's economic strategy and zip codes of those employed. Assistant City Manager Sumpter responded a memo will be provided shortly. Mayor Brand stated if the fee is not approved, approximately 1400 homes west of 99 will be effected and the reason for the high increase is due to impact fees not being increased in the past years. He spoke regarding the City of Fresno's economy growth due to Amazon and Ulta and stated impact fees should be addressed every five years rather than ten. Councilmember Chavez directed staff to include a break down of the tax cut that the City of Fresno, School Districts and County of Fresno gets. City Manager Quan responded. Councilmember Bredefeld spoke regarding the IDeferred Fee Program and asked what is the purpose of the program. He asked if the IDeferred is for local business and stated he supports the program and the big businesses like GAP, Amazon and Ulta coming to Fresno and employing City of Fresno residents. City of Fresno ***Subject to Mayoral Veto Page 14 City Council Meeting Minutes - Final June 13, 2019 Councilmember Soria stated City of Fresno residents should have first opportunities to the businesses like Amazon and Ulta and would like a copy of zip codes of the employed residents. She stated she supports economic development in the City of Fresno. Councilmember Soria left the meeting at 11:36 P.M. Mayor Brand requested the item be continued to June 20, 2019. On motion of Councilmember Bredefeld, seconded by Councilmember Chavez, that the above Action Item be continued to June 20, 2019. The motion carried by the following vote: Aye: 4 - Arias, Chavez, Bredefeld and Esparza No: 1 - Caprioglio Absent: 1 - Soria 10:15 A.M. ID19-1181 (REFERRED BACK TO STAFF) HEARING to Consider Plan Amendment Application No. P18-03569, Rezone Application No. P18-03569, Modification of Zoning Conditions Application No. P18-03569 and related Environmental Assessment No. P18-03659 filed by Jeff Roberts of Assemi Group, Inc. These applications pertain to approximately 6.9 acres of property located on the corner of North Colonial and West San Jose Avenues. (Council District 2) 1. ADOPT CEQA Environmental Assessment No. P18-03569, a Mitigated Negative Declaration dated May 22, 2019. 2. RESOLUTION - Approving Plan Amendment Application No. P18- 03569 proposing to amend the Fresno General Plan and the Bullard Community Plan planned land use for ±1.0 acre of property at the northeast corner of North Colonial and West San Jose Avenues from Residential Medium Density to Regional Mixed-Use. 3. BILL (For introduction and adoption) - Approving Rezone Application No. P18-03569 requesting authorization to rezone ±1.0 acre of property at the northeast corner of North Colonial and West San Jose Avenues from RS-5/EQ (Residential Single Family/Equine Overlay) to RMX (Regional Mixed-Use) zoning. to modify conditions of zoning on ±3.8 acres at the northwest corner of North Colonial and West San Jose Avenues, and to modify conditions of zoning on ±2.1 acres south of West San Jose Avenue at North Colonial Avenue. City of Fresno ***Subject to Mayoral Veto Page 15 City Council Meeting Minutes - Final June 13, 2019 The above item was referred back to staff and removed from the agenda. 5:00 P.M. - CONTINUED TO JUNE 27, 2019 AT 5:00 P.M. ID19-1716 CONTINUED HEARING to consider initiation of the Specific Plan of the West Area, pertaining to approximately 7,077 acres in the West Development Area of the Fresno General Plan, filed by the Development and Resource Management Department Director 1. RESOLUTION - Initiating the Specific Plan of the West Area Draft Land Use Map and Guiding Principles and the corresponding amendment of the General Plan, and repeal or amendment of the West Area Community Plan and Highway City Neighborhood Specific Plan pertaining to approximately 7,077 acres located in the West Development Area to allow for future adoption of the Specific Plan of the West Area pursuant to Fresno Municipal Code Sections 15-5803-C and 15-4902-B. The above item was continued to June 27, 2019 at 5:00 P.M. 3. GENERAL ADMINISTRATION 3-A ID19-1719 BILL - (For introduction) - Amending portions of the City Purchasing, Contracts and Sales Ordinance to update Chapter 4, Article 5 of the Fresno Municipal Code - Design Build Contracts to include qualification based methods of procurement. Council Vice President Arias left the meeting at 11:40 A.M. The above item was introduced to Council by Director Meikle, Airports Department. Upon call, the following member of the public addressed Council: Jay Justice Lima BILL -15 INTRODUCED AND LAID OVER On motion of President Caprioglio, seconded by Councilmember Chavez, that the above Ordinance be approved. The motion carried by the following vote: Aye: 4 - Caprioglio, Chavez, Bredefeld and Esparza Absent: 2 - Arias and Soria City of Fresno ***Subject to Mayoral Veto Page 16 City Council Meeting Minutes - Final June 13, 2019 3-B ID19-1767 Approval of a Third Amendment to the Agreement entered between the City of Fresno and the Central California Society for the Prevention of Cruelty to Animals. The above item was removed from the agenda by Council Vice President Arias and continued to June 20, 2019. 3-C ID19-1742 Actions pertaining to the award of a requirements contract to Calaveras Materials, Inc., of Fresno, California in the amount of $2,838,662.75 for the purchase of Asphalt Concrete Material. Bid File No. 9469 (City Wide) Council Vice President Arias returned to the meeting at 11:41 A.M. Upon call, there was no Council discussion and no public comment. APPROVED 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, Chavez, Bredefeld and Esparza Absent: 1 - Soria 3-D ID19-1759 RESOLUTION - Authorizing the submission of a grant application for $10,540,582 from the United States Department of Transportation’s (USDOT) Better Utilizing Investments to Leverage Development (BUILD) Program for the Veterans Boulevard Interchange, Extension and Grade Separation Project and Authorizing the Execution of All Grant Application Documents by the Public Works Director or Designee (Council District 2) Upon call, there was no Council discussion and no public comment. RESOLUTION 2019-117 ADOPTED On motion of Councilmember Chavez, seconded by Vice President Arias, that the above Action Item be adopted. The motion carried by the following vote: Aye: 5 - Caprioglio, Arias, Chavez, Bredefeld and Esparza Absent: 1 - Soria 3-E ID19-1754 Actions pertaining to the Belmont Avenue Overlay Project from Cedar Avenue to Chestnut Avenue - Bid File No. 3657 (Council District 7) 1. Adopt a finding of Categorical Exemption per staff determination, City of Fresno ***Subject to Mayoral Veto Page 17 City Council Meeting Minutes - Final June 13, 2019 pursuant to Section 15301(c) of the CEQA guidelines 2. Award a construction contract in the amount of $978,160 to Dave Christian Construction Co., of Fresno, CA Upon call, there was no Council discussion and no public comment. APPROVED On motion of Councilmember Esparza, seconded by Councilmember Chavez, that the above Action Item be approved. The motion carried by the following vote: Aye: 5 - Caprioglio, Arias, Chavez, Bredefeld and Esparza Absent: 1 - Soria 3-F ID19-1796 Award a three-year Product Requirements Contract: Rebid of Bulk Calcium Hydroxide to Univar USA Inc., in an amount not to exceed $1,503,713.83 per year, with provision for up to two one-year extensions (Bid File 9493) (Citywide) Upon call, there was no Council discussion and no public comment. APPROVED 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, Chavez, Bredefeld and Esparza Absent: 1 - Soria 3-G ID19-1781 Actions pertaining to removal of Perchloroethylene from Groundwater at Pump Station 117 and Pump Station 284 (Fresno County and Council District 2): 1. Adopt findings of Class 1, Class 3, and Class 32 Categorical Exemptions pursuant to Sections 15301, 15303, and 15332 of the California Environmental Quality Act Guidelines 2. Approve a Fourth Amendment to Agreement for supplemental engineering services with Provost & Pritchard Engineering Group, Inc ., in the amount of not to exceed $156,000 Upon call, there was no Council discussion and no public comment. APPROVED On motion of Vice President Arias, seconded by Councilmember City of Fresno ***Subject to Mayoral Veto Page 18 City Council Meeting Minutes - Final June 13, 2019 Chavez, that the above Action Item be approved. The motion carried by the following vote: Aye: 5 - Caprioglio, Arias, Chavez, Bredefeld and Esparza Absent: 1 - Soria 3-H ID19-1793 Actions pertaining to Madison-Whitesbridge Recycled Water Main (Bid File 3620) (Council District 3 and County of Fresno): 1. Adopt Addendum 2 to the Fresno Recycled Water Distribution System, Southwest Quadrant Tiered Mitigated Negative Declaration (State Clearinghouse No. 2014081078) 2. Award a construction contract to West Valley Construction Company, Inc., in the amount of $3,854,224 3. Authorize the Director of Public Utilities, or designee, to sign the contract on behalf of the City of Fresno Upon call, there was no Council discussion and no public comment. APPROVED 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 - Caprioglio, Arias, Chavez, Bredefeld and Esparza Absent: 1 - Soria 3-I ID19-1801 Actions pertaining to Sewer Rehabilitation in the Vicinity of North Fresno Street and East Shields Avenue (Bid File 3646) (Council District 7): 1. Adopt a finding of Categorical Exemption pursuant to Class 1, Section 15301 (Existing Facilities) of the California Environmental Quality Act Guidelines 2. Award a construction contract to Emmett’s Excavation, Inc., in the amount of $1,212,543 3. Authorize the Director of Public Utilities, or designee, to sign the contract on behalf of the City of Fresno Upon call, there was no Council discussion and no public comment. APPROVED On motion of Councilmember Esparza, seconded by Councilmember Bredefeld, that the above Action Item be approved. The motion carried by the following vote: City of Fresno ***Subject to Mayoral Veto Page 19 City Council Meeting Minutes - Final June 13, 2019 Aye: 5 - Caprioglio, Arias, Chavez, Bredefeld and Esparza Absent: 1 - Soria 3-J ID19-1811 ***RESOLUTION - Approving the reallocation of $3,000,000 from the Liability Self-Insurance Fund Contingency to fund refunds and claims (Subject to Mayor’s Veto) The above item was introduced to Council by Director Cardell, Personnel Department. Upon call, the following member of the public addressed Council: Jay Justice Lima. Council Vice President Arias asked staff to explain the item and asked if the $3 million is being transferred as an additional buffer. He asked what departments are associated with most of the claims. He requested a list of all settlements that will be covered by the reallocation. Director Cardell responded. Councilmember Esparza asked if the money can be used for anything other than to fund refunds and claims. Director Cardell replied. RESOLUTION 2019-118 ADOPTED On motion of Councilmember Chavez, seconded by Councilmember Bredefeld, that the above Action Item be adopted. The motion carried by the following vote: Aye: 4 - Caprioglio, Chavez, Bredefeld and Esparza No: 1 - Arias Absent: 1 - Soria 4. CITY COUNCIL 4-D ID19-1851 ***RESOLUTION - Approving the installation of a Fresno Public Safety Memorial in front of City Hall, on the north lawn, and donating the existing Fresno Police Department Memorial to the Fresno Police Officers’ Association. (Subject to Mayor’s veto) The above item was introduced to Council by Council Vice President Arias, City of Fresno ***Subject to Mayoral Veto Page 20 City Council Meeting Minutes - Final June 13, 2019 District 3. Councilmember Soria returned to the meeting at 11:54 A.M. and Councilmember Esparza left the meeting at 11:54 A.M. Upon call, the following member of the public addressed Council: Jay Justice Lima. Councilmember Bredefeld spoke regarding this item and stated he supports the item as presented. He offered his services to Council Vice President Arias and asked how many names will be on the memorial. RESOLUTION 2019-119 ADOPTED. On motion of Vice President Arias, seconded by Councilmember Chavez, that the above Action Item be adopted. The motion carried by the following vote: Aye: 5 - Caprioglio, Arias, Soria, Chavez and Bredefeld Absent: 1 - Esparza 4-B ID19-1769 ***RESOLUTION - Amending the “Council Residency Act” and renaming it the “Council and Mayor Residency Act”. (Subject to Mayor’s veto) The above item was introduced to Council by Council Vice President Arias, District 3. Upon call, the following member of the public addressed Council: Jay Justice Lima. RESOLUTION 2019-120 ADOPTED On motion of Vice President Arias, seconded by Councilmember Chavez, that the above Action Item be adopted. The motion carried by the following vote: Aye: 5 - Caprioglio, Arias, Soria, Chavez and Bredefeld Absent: 1 - Esparza 4-A ID19-1751 Discussion of Parks & Public Safety Subcommittee: 1. Announce creation of an ad hoc Council subcommittee to work with Mayor and make recommendations on a potential ballot item for parks and City of Fresno ***Subject to Mayoral Veto Page 21 City Council Meeting Minutes - Final June 13, 2019 public safety; subcommittee will report back to the full Council within 90 days; 2. Announce appointments of Vice President Arias, Councilmember Soria, and Councilmember Chavez as the committee members. Councilmember Esparza returned to the meeting at 12:02 P.M. Councilmember Chavez resigned from the Parks and Public Safety Subcommittee and appointed Councilmember Esparza. Councilmember Bredefeld asked if the subcommittee includes infrastructure, public safety and Public Works. Council Vice President Arias and Councilmember Esparza responded. 4-C ID19-1815 RESOLUTION - Initiating a text amendment to the Zoning Ordinance of the City of Fresno to Add Chapter 15, Article 24, Section 15-2424 of the Fresno Municipal Code relating to an expedited, streamlined permitting process for Electric Vehicle Charging Stations, pursuant to Fresno Municipal Code Section 15-5803-A1. The above item was removed from the agenda by staff and continued to June 20, 2019. City Council recessed for lunch at 12:06 P.M. and returned from lunch at 1:39 P.M. 1:30 P.M. - CONTESTED CONSENT CALENDAR 1-Z ID19-1766 Approval of a First Amendment to the Agreement entered between the City of Fresno and the SMG for a six-month extension. The above item was introduced to Council by Assistant City Manager Sumpter, City Manager's Office. Council Vice President Arias asked for a quick update on the Convention Center and SMG. He asked what are other options if the SMG contract is not approved and what is the total cost City of Fresno pays SMG. He also asked why there was an increase in operations cost. Assistant City Manager Sumpter responded. Councilmember Chavez asked when the current contract expires and what the provision were to be if the contract is not renewed. He requested a summary of other options and an assessment of total cost, with operations City of Fresno ***Subject to Mayoral Veto Page 22 City Council Meeting Minutes - Final June 13, 2019 and debt load and would like a copy of Councilmember Brands audit. Assistant City Manager Sumpter responded. He asked Operations Director Kraus if there has been a decrease or increase in activities and asked about the Future Farmers of America (FFA) program and requested a summary of all shows and events booked in the last couple of years. Operations Director Kraus responded. Councilmember Soria asked what is the purpose of the six month extension and directed staff to revise and restructure the Request for Proposal (RFP) and to go back out to bid. Assistant City Manager Sumpter responded. Council Vice President Arias asked staff if they can extend the agreement 90 days rather than six months. Assistant City Manager Sumpter replied. Council Vice President Arias motioned to approved the six month extension on the condition the staff goes out for a new RFP. Councilmember Chavez seconded the motion. Upon call, there was no public comment. APPROVED On motion of Vice President Arias, seconded by Councilmember Chavez, that the above Action Item be approved as amended. The motion carried by the following vote: Aye: 6 - Caprioglio, Arias, Soria, Chavez, Bredefeld and Esparza 1-W ID19-1674 Actions pertaining to a lease agreement, to lease property for Special Investigation Bureau offices located at 5051-5059 E. McKinley. 1. Adopt a finding of Categorical Exemption Class 1/Section 15301 (Existing Facilities) of the California Environmental Quality Act Guidelines 2. Approve a lease agreement between the City of Fresno and HR, LLC, a California limited liability company, to lease property for Special Investigation Bureau offices located at 5051-5059 E. McKinley. The above item was introduced to Council by Deputy Police Chief Farmer, Police Department. City of Fresno ***Subject to Mayoral Veto Page 23 City Council Meeting Minutes - Final June 13, 2019 Council Vice President Arias asked if there is a predetermined square footage cost for leasing the Police department or does it fluctuate throughout the City. He asked if the new Police station in South East Fresno is leased or owned by the City of Fresno. Deputy Police Chief Farmer responded. Councilmember Soria asked if the cost of the South East Police station cost $600 per square foot and what the average of the cost per square foot. Director Mozier responded. Upon call, there was no public comment. APPROVED On motion of Councilmember Chavez, seconded by Vice President Arias, that the above Action Item be approved. The motion carried by the following vote: Aye: 6 - Caprioglio, Arias, Soria, Chavez, Bredefeld and Esparza 1-N ID19-1764 Actions pertaining to California Health and Safety Code Sections 13146.2 and 13146.3: 1. Approve the measure of compliance of the Fresno Fire Department for certain occupancies in the City of Fresno. 2. RESOLUTION - Acknowledging receipt of a report made by the Fire Chief of the Fresno Fire Department regarding annual inspections of certain occupancies. The above item was introduced to Council by Deputy Fire Chief Semonious, Fire Department. Upon call, there was no public comment. Councilmember Soria asked if the next budget addressed the issue of capacity and why last year the Fire Department was unable to meet the five percent of the fire inspections. She asked what types of educational facilities were not inspected. Deputy Fire Chief Semonious responded. Councilmember Chavez asked if the inspections are done annually and asked what percentage is negligence on the property owner and if there is a cost recovery. He also asked if the property owners are informed if they are City of Fresno ***Subject to Mayoral Veto Page 24 City Council Meeting Minutes - Final June 13, 2019 found negligent and can be held liable. Deputy Fire Chief Semonious responded. RESOLUTION 2019-121 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: 6 - Caprioglio, Arias, Soria, Chavez, Bredefeld and Esparza 1-F ID19-1714 Action pertaining to non-transient motels: 1. ***BILL NO. B-14 - (Intro 5/16/2019) (For adoption) - Adding Article 18 to Chapter 10 of the Fresno Municipal Code adopting a non-transient motel inspection program. (Subject to Mayor’s veto) Upon call, there was no Council discussion and no public comment. BILL -14 AND ORDINANCE 2019-014 ADOPTED On motion of President Caprioglio, seconded by Councilmember Chavez, that the above Ordinance be adopted. The motion carried by the following vote: Aye: 6 - Caprioglio, Arias, Soria, Chavez, Bredefeld and Esparza 1-L ID19-1649 Actions pertaining to the Building and Safety Services Division professional plan check services: 1. Approve the Seventh Amendment to extend the current Consultant Services Agreement between Brooks Ransom and Associates and the City of Fresno until September 30, 2019 and to increase the contract amount by an additional $30,000. 2. Approve the Seventh Amendment to extend the current Consultant Services Agreement between Interwest and the City of Fresno until September 30, 2019. The above item was introduced to Council by Assistant Director Sanchez, DARM Department. Upon call, there was no public comment. Councilmember Esparza asked what the plan is to eliminate the current contracts with Brooks Ransmon and no longer need outside consultant services. He asked what was the reason for the recent Request for Proposal City of Fresno ***Subject to Mayoral Veto Page 25 City Council Meeting Minutes - Final June 13, 2019 (RFP). Assistant Director Sanchez responded. Councilmember Soria asked staff how many hours of work is provided to the department and what is being charged per hour or inspection. Assistant Director Sanchez responded. She stated she would like to see more of the positions filled and no longer in need of consultant services contractors. She asked if the department needs more staff to meet the demands of the public. She asked how much the new RFP will be in the proposed budget for out sourcing contracts and what the $250,000 covers. She stated she wants the top priority to be having the staff at full capacity. Director Clark responded. Council Vice President Arias asked for more information regarding the $250,000 out sourcing contacts and what the total budget is for plan checks. Director Clark responded. APPROVED On motion of Councilmember Esparza, seconded by Councilmember Chavez, that the above Action Item be approved. The motion carried by the following vote: Aye: 6 - Caprioglio, Arias, Soria, Chavez, Bredefeld and Esparza 1-S ID19-1749 Approve Contract Change Order Number 6 to the Blackstone Avenue and Shields Avenue Intersection Improvements project construction contract with American Paving Company of Fresno California, to increase the total construction contract amount by $140,000 and add sixty working days of contract time (Bid File 3488) (Council District 7) The above item was introduced to Council by Public Works Manager Herr, Public Works Department. Upon call, there was no public comment. Councilmember Esparza asked staff what was changed that caused the cost to go up for the contractor and if it is unusual to have so many change orders. Public Works Manager Herr responded. He asked about the Southern Blackstone Mobility project and if the change order has any impact on the project. Director Mozier responded. He stated there has been complaints on the surface of the Northwest corner of Blackstone and if that City of Fresno ***Subject to Mayoral Veto Page 26 City Council Meeting Minutes - Final June 13, 2019 location has the same contractor. Director Mozier responded. Council Vice President Arias asked why the right-of-way walk way was not secure. He asked why the walk way is not a part of the scope in these types of projects. Director Mozier responded. Councilmember Soria left the meeting at 2:28 P.M. APPROVED On motion of Councilmember Esparza, seconded by Vice President Arias, that the above Action Item be approved. The motion carried by the following vote: Aye: 5 - Caprioglio, Arias, Chavez, Bredefeld and Esparza Absent: 1 - Soria Budget Motions Council President Caprioglio motioned to appropriate $4 million towards a multigenerational center. Councilmember Esparza seconded the motion. Council President Caprioglio motioned to move $200,000 General Fund dollars from Public Works Fulton Street Maintenance to add two additional bike officers to District 4 to complete a 24 hour shift. Councilmember Chavez seconded the motion. Councilmember Esparza motioned to match the total operating budget of the Mayor's Office and apply the same amount to the Council and to be split evenly amongst the Council districts. Council President Caprioglio seconded the motion. 5. CLOSED SESSION City Council recessed for Closed Session at 2:37 P.M. and returned from Closed Session at 3:42 P.M. There was no announcements after Closed Session. The following items were discussed during Closed Session. 5-A ID19-1712 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - City of Fresno ***Subject to Mayoral Veto Page 27 City Council Meeting Minutes - Final June 13, 2019 Government Code Section 54956.9, subdivision (d)(2) 1 1. City of Fresno v. Helen Woodward 5-B ID19-1817 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION - Government Code Section 54956.9, subdivision (d)(1) Lowell Community Development Corp., v. City of Fresno; Fresno County Superior Court Case No. 18CECG01885 5-C ID19-1818 CONFERENCE WITH LABOR NEGOTIATORS - Government Code Section 54957.6 City Negotiators: Jeffrey Cardell, Ken Phillips Employee Organizations: 1. International Union of Operating Engineers, Stationary Engineers, Local 39 (Local 39) 2. Fresno City Employees Association (FCEA) 3. Fresno Police Officers Association (FPOA Basic) 4. International Association of Firefighters, Local 753, Unit 5 (Fire Basic) 5. Amalgamated Transit Union, Local 1027 (ATU) 6. International Brotherhood of Electrical Workers, Local 100 (IBEW) 7. Fresno Police Officers Association (FPOA Management) 8. International Association of Firefighters, Local 753, Unit 10 (Fire Management) 9. City of Fresno Professional Employees Association (CFPEA) 10. City of Fresno Management Employees Association (CFMEA) 11. Operating Engineers, Local Union No. 3, Fresno Airport Public Safety Supervisors (FAPSS) 12. Operating Engineers, Local Union No. 3, Fresno Airport Public Safety Officers (FAPSO) 13. Unrepresented Employees in Unit 2 (Non-Represented Management and Confidential Classes): Airport Public Safety Manager Assistant City Attorney Assistant City Manager Assistant Controller Assistant Director Assistant Director of Personnel Services Assistant Director of Public Utilities Assistant Director of Public Works Assistant Police Chief Assistant Retirement Administrator Budget Analyst Budget Manager Chief Assistant City Attorney Chief Information Officer Chief of Staff to Councilmember City of Fresno ***Subject to Mayoral Veto Page 28 City Council Meeting Minutes - Final June 13, 2019 Chief of Staff to the Mayor City Attorney City Attorney Investigator City Clerk City Engineer City Manager Community Coordinator Community Outreach Specialist Controller Council Assistant Deputy City Attorney II Deputy City Attorney III Deputy City Manager Director Director of Aviation Director of Development Director of Personnel Services Director of Public Utilities Director of Transportation Economic Development Coordinator Economic Development Director Executive Assistant to Department Director Executive Assistant to the City Attorney Executive Assistant to the City Manager Fire Chief Governmental Affairs Manager Human Resources Manager Independent Reviewer Internal Auditor Investment Officer Labor Relations Manager Management Analyst II Payroll Accountant Payroll Manager Police Chief Principal Budget Analyst Principal Internal Auditor Public Affairs Officer Public Works Director Retirement Administrator Retirement Benefits Manager Senior Budget Analyst Senior Deputy City Attorney I Senior Deputy City Attorney II City of Fresno ***Subject to Mayoral Veto Page 29 City Council Meeting Minutes - Final June 13, 2019 Senior Deputy City Attorney III Senior Human Resources/Risk Analyst Senior Law Clerk Supervising Deputy City Attorney 5-D ID19-1846 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Case Name: Curtis Waller (Dec’d) vs. City of Fresno, psi, Administered by RISICO Claims Management Workers’ Compensation Appeals Board Case No. ADJ9861653 5-E ID19-1845 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Government Code Section 54956.9, subdivision (d)(2) 1. City of Fresno v. Garney Pacific Company dba Garney Construction Company ADJOURNMENT City Council Adjourned at 3:42 P.M. City of Fresno ***Subject to Mayoral Veto Page 30

Agenda

City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Meeting Agenda - Final Thursday, June 13, 2019 9:00 AM 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 June 13, 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 June 13, 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 June 13, 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 June 13, 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 June 13, 2019 9:03 A.M. ROLL CALL Invocation by member of the public, Andy Hansen-Smith. Pledge of Allegiance to the Flag APPROVE AGENDA APPROVE MINUTES ID19-1396 Approval of minutes for May 16, 2019. Sponsors: City Clerk's Office ID19-1833 Approval of Budget minutes for June 3, 2019 and June 6, 2019. Sponsors: City Clerk's Office CEREMONIAL PRESENTATIONS ID19-1608 Presentation of the SPCA Pet of the Month Sponsors: Vice President Arias ID19-1853 Proclamation of “Immigration Heritage Month” Sponsors: Councilmember Soria ID19-1768 Proclamation of “Retired Fresno Police Officer Jouroyan” Sponsors: Councilmember Chavez and Council President Caprioglio ID19-1753 Presentation of a $25,000 check from PG&E to offset costs associated with operation of the cooling centers. Sponsors: Parks, After School, Recreation and Community Services Department and Mayor's Office ID19-1655 Government Finance Officers Association’s Distinguished Budget Presentation Award Recognition, Budget and Management Studies Sponsors: Mayor's Office and City Manager's Office COUNCILMEMBER REPORTS AND COMMENTS City of Fresno ***Subject to Mayoral Veto Page 6 City Council Meeting Agenda - Final June 13, 2019 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 ID19-1666 Approve the Solutions Agreement with Superion LLC (Superion) to renew software hosting, maintenance, and support services annually for five years in an amount not to exceed $225,000 per year. Sponsors: Information Services Department 1-B ID19-1628 ***RESOLUTION - Repealing Resolution No. 2017-339 and Clarifying Procedures for Retention and Production of Public Records Contained in Electronic Media (Subject to Mayor’s veto) Sponsors: Information Services Department 1-C ID19-1456 Actions relating to the purchase of on-board vehicle traffic signal priority equipment 1. Award a sole source purchase agreement to Opticom/Global Traffic Technologies in the amount of $223,844.33 for the purchase of on-board vehicle traffic signal priority equipment 2. RESOLUTION - Approve an exception to formal bidding procedures and awarding a sole source contract for on-board vehicle traffic signal priority equipment Sponsors: Department of Transportation 1-D ID19-1634 Actions relating to the purchase of traffic signal priority technology 1. Award a sole source purchase agreement to Opticom/Global Traffic Technologies in the amount of $210,205.73 for the purchase of traffic signal priority technology 2. RESOLUTION - Approve an exception to formal bidding procedures and awarding a sole source agreement for traffic City of Fresno ***Subject to Mayoral Veto Page 7 City Council Meeting Agenda - Final June 13, 2019 signal priority technology Sponsors: Department of Transportation 1-E ID19-1721 Approve the award of a cooperative purchase agreement to Pape Kenworth of Fresno, CA, for the purchase of six Kenworth T300 trucks in the amount of $435,983 Sponsors: Department of Transportation 1-F ID19-1714 Action pertaining to non-transient motels: 1. ***BILL NO. B-14 - (Intro 5/16/2019) (For adoption) - Adding Article 18 to Chapter 10 of the Fresno Municipal Code adopting a non-transient motel inspection program. (Subject to Mayor’s veto) Sponsors: Vice President Arias, Councilmember Esparza and Councilmember Soria 1-G ID19-1752 Approve the Appointment of Lucio Avila to the Bicycle and Pedestrian Advisory Committee (BPAC) Sponsors: Councilmember Chavez 1-H ID19-1773 Approve the appointment of Alysia Bonnez to the Fresno Regional Workforce Development Board Sponsors: Council President Caprioglio 1-I ID19-1814 Approve the appointment of Pablo Villagrana to the City of Fresno Capital Projects Oversight Board Sponsors: Councilmember Esparza 1-J ID19-1868 ***RESOLUTION - Amending and restating Resolution 2007-110 establishing the Finance and Audit Committee (Subject to Mayor’s veto) Sponsors: Councilmember Esparza 1-K ID19-1825 Approve the appointment of S. Matthew Cunningham to the Fresno Madera Area on Aging Board. Sponsors: Mayor's Office 1-L ID19-1649 Actions pertaining to the Building and Safety Services Division professional plan check services: 1. Approve the Seventh Amendment to extend the current Consultant Services Agreement between Brooks Ransom City of Fresno ***Subject to Mayoral Veto Page 8 City Council Meeting Agenda - Final June 13, 2019 and Associates and the City of Fresno until September 30, 2019 and to increase the contract amount by an additional $30,000. 2. Approve the Seventh Amendment to extend the current Consultant Services Agreement between Interwest and the City of Fresno until September 30, 2019. Sponsors: Development and Resource Management Department 1-M ID19-1690 Approve a consultant services agreement between the City of Fresno and Quad Knopf, Inc., to prepare an Environmental Impact Report evaluating the proposed regulation and permitting of commercial cannabis activities not to exceed the amount of $300,000. Sponsors: Development and Resource Management Department 1-N ID19-1764 Actions pertaining to California Health and Safety Code Sections 13146.2 and 13146.3: 1. Approve the measure of compliance of the Fresno Fire Department for certain occupancies in the City of Fresno. 2. RESOLUTION - Acknowledging receipt of a report made by the Fire Chief of the Fresno Fire Department regarding annual inspections of certain occupancies. Sponsors: Fire Department 1-O ID19-1746 Approve an agreement for professional engineering services with Provost & Pritchard Engineering Group for $67,500 plus $10,000 for contingencies for design and construction support services for the Chestnut Avenue Overlay Project from Bullard Avenue to Herndon Avenue (Council District 6) Sponsors: Public Works Department 1-P ID19-1459 ***RESOLUTION - 33rd Amendment to the Annual Appropriation Resolution No. 2018-157 appropriating $20,000 to commence design work for the Shaw Avenue and Maple Avenue Pedestrian Scramble and Cycle Track Project (Requires 5 affirmative votes) (Subject to Mayor’s veto) (Council District 4) Sponsors: Public Works Department City of Fresno ***Subject to Mayoral Veto Page 9 City Council Meeting Agenda - Final June 13, 2019 1-Q ID19-1743 Approve the acquisition of a 1,311 square foot street easement at the northeast corner of West Clinton and North Valentine Avenues for $35,400 in monetary consideration (Council District 3) Sponsors: Public Works Department 1-R ID19-1798 Actions pertaining to the Installation of 16” Water Main in West Shaw Avenue from 570’ East of Veterans Blvd. to Bryan Ave. - Project Bid File No. 3659 (Council District 1) 1. Adopt finding of Categorical Exemption pursuant to Class 3 Section 15303(d) (new construction) of the California Environmental Quality Act (CEQA) Guidelines for the Installation of 16” Water Main in West Shaw Avenue from 570’ East of Veterans Blvd. to Bryan Ave. 2. Award a construction contract to West Valley Construction Company, Inc. of Fresno, CA, in the amount of $173,885 for the Installation of 16” Water Main in West Shaw Avenue from 570’ East of Veterans Blvd. to Bryan Ave. Sponsors: Public Works Department 1-S ID19-1749 Approve Contract Change Order Number 6 to the Blackstone Avenue and Shields Avenue Intersection Improvements project construction contract with American Paving Company of Fresno California, to increase the total construction contract amount by $140,000 and add sixty working days of contract time (Bid File 3488) (Council District 7) Sponsors: Public Works Department 1-T ID19-1758 RESOLUTION - Approving the Final Map of Tract No. 5913 and accepting dedicated public uses offered therein except for dedications offered subject to City acceptance of developer installed required improvements - between South Armstrong Avenue, South Temperance Avenue, East California Avenue Alignment and East Butler Avenue (Council District 5) Sponsors: Public Works Department 1-U ID19-1802 1. ***Approve a Side Letter of Agreement with the Fresno City Employees Association (FCEA) representing Unit 3 City of Fresno ***Subject to Mayoral Veto Page 10 City Council Meeting Agenda - Final June 13, 2019 which provides for equity increases for various classifications (Subject to Mayor’s Veto) 2. ***RESOLUTION - 12th Amendment to FY 2019 Salary Resolution No. 2018-159, amending Exhibit 3, Unit 3, Non-Supervisory White Collar (FCEA) to implement a previously approved wage increase and to implement phase two of the 2018 Classification and Compensation agreement with FCEA (Subject to Mayor’s Veto) 3. ***Approve a Side Letter of Agreement with the Fresno City Employees Association (FCEA) representing Unit 3 which amends provisions of the Memorandum of Understanding (MOU) between the City and FCEA regarding Uniform Allowances and the Health Reimbursement Arrangement (HRA) (Subject to Mayor’s Veto) 4. ***Approve a Side Letter of Agreement with the Fresno City Employees Association (FCEA) representing Unit 3 which outlines agreement for the Development and Resource Management (DARM) department to proceed with contracting out work for the Third Party Plan Review program and Plan Check work as necessary (Subject to Mayor’s Veto) Sponsors: Personnel Services Department 1-V ID19-1803 ***Approve a Side Letter of Agreement with the City of Fresno Professional Employees Association (CFPEA), representing Unit 13-1 and 13-2, Unit 3 which outlines agreement for the Development and Resource Management (DARM) department to proceed with Third Party Plan Check Review and the contracting of Plan Check work as necessary (Subject to Mayor’s Veto) Sponsors: Personnel Services Department 1-W ID19-1674 Actions pertaining to a lease agreement, to lease property for Special Investigation Bureau offices located at 5051-5059 E. McKinley. 1. Adopt a finding of Categorical Exemption Class 1/Section 15301 (Existing Facilities) of the California Environmental Quality Act Guidelines 2. Approve a lease agreement between the City of Fresno and HR, LLC, a California limited liability company, to lease City of Fresno ***Subject to Mayoral Veto Page 11 City Council Meeting Agenda - Final June 13, 2019 property for Special Investigation Bureau offices located at 5051-5059 E. McKinley. Sponsors: Police Department 1-X ID19-1720 Approve the Workforce Innovation and Opportunity Act (WIOA) Mandated Partner Memorandum of Understanding (MOU) between the Fresno Regional Workforce Development Board (FRWDB) and the State of California Employment Development Department (EDD) Sponsors: City Manager's Office 1-Y ID19-1771 Approve and authorize the Mayor to execute the Fresno Regional Workforce Development Board’s application through the California Workforce Development Board (State Board) for Local Board Certification for the period of July 1, 2019, to June 30, 2021. Sponsors: City Manager's Office 1-Z ID19-1766 Approval of a First Amendment to the Agreement entered between the City of Fresno and the SMG for a six-month extension. Sponsors: City Manager's Office 1-AA ID19-1774 ***RESOLUTION - Adopt the Sewer System Management Plan 2019 update as recommended by the Statewide General Waste Discharge requirements for sanitary sewer collection systems (Citywide) (Subject to Mayor’s Veto) Sponsors: Department of Public Utilities 1-BB ID19-1775 Actions related to the First Amendments to the Service Agreements with Mid-Valley Recycling, LLC, and Cedar Avenue Recycling and Transfer Station, LP (Citywide): 1. Approve a First Amendment to the Service Agreement with Mid-Valley Recycling, LLC 2. Approve a First Amendment to the Service Agreement with Cedar Avenue Recycling and Transfer Station, LP Sponsors: Department of Public Utilities 1-CC ID19-1777 Actions pertaining to Plant Nitrate Assessment and Treatment Evaluation/Selection at the Regional Wastewater City of Fresno ***Subject to Mayoral Veto Page 12 City Council Meeting Agenda - Final June 13, 2019 Reclamation Facility (Council District 3) 1. Adopt a finding of Categorical Exemption pursuant to Class 6, Section 15306 of the California Environmental Quality Act Guidelines 2. Approve consultant services agreement with Carollo Engineers in an amount not to exceed $399,082 Sponsors: Department of Public Utilities 1-DD ID19-1778 Actions pertaining to Furnish and Install Intelligent Transportation System Fiber Optic Facilities at the Northeast Surface Water Treatment Facility (Bid File 3643) (Council District 6): 1. Adopt a finding of Categorical Exemption pursuant to Class 1/Section 15301 (Existing Facilities) and Class 3/Section 15303 (New Construction or Conversion of Small Structures) of the California Environmental Quality Act Guidelines 2. ***RESOLUTION - 41st Amendment to the Annual Appropriation Resolution No. 2018-157 to appropriate $227,500 to fully fund the award of a contract and staff support costs to furnish and install intelligent transportation system fiber optic facilities at the Northeast Surface Water Treatment Facility (Requires 5 affirmative votes) (Subject to Mayor’s veto) 3. Award a construction contract to Kertel Communications, Inc., dba Sebastian, in the amount of $259,772 Sponsors: Department of Public Utilities 1-EE ID19-1780 Reject the bid proposal for Lift Station 14 Rehabilitation (Bid File 3625) (Council District 2) Sponsors: Department of Public Utilities 1-FF ID19-1784 Actions pertaining to construction of 850 linear feet of Water Main Installation for the Mono Street and H Street Downtown Water Main Enhancements project (Council District 3): 1. Adopt findings of Section 15282 (Other Statutory Exemptions) of the California Environmental Quality Act Guidelines 2. Award a construction contract to Dawson-Mauldin LLC, in the amount of $349,049.55 City of Fresno ***Subject to Mayoral Veto Page 13 City Council Meeting Agenda - Final June 13, 2019 Sponsors: Department of Public Utilities 1-GG ID19-1843 Authorize the City Manager to execute an Amended and Restated Biomethane Purchase and Sales Agreement with Colony Energy Partners, LLC. Sponsors: Department of Public Utilities 1-HH ID19-1794 Actions pertaining to well site improvements at Pump Station 241-2, located at 2529 North Barton Avenue (Bid File 3649) (Fresno County and Council District 7) 1. Adopt a finding of Categorical Exemption pursuant to Section 15301/Class 1 and Section 15303/Class 3 of the California Environmental Quality Act Guidelines 2. Award a construction contract to Smith Construction Company, Inc., in the amount of $366,890.38 Sponsors: Department of Public Utilities 1-II ID19-1799 Actions pertaining to North Avenue sewer trunk main emergency repair (Council District 5): 1. Adopt a finding of Categorical Exemption pursuant to Class 1, Section 15301(b) (Existing Facilities) and Section 15301(d) (Restoration or Rehabilitation) of the California Environmental Quality Act Guidelines 2. ***RESOLUTION - Declaring an urgent necessity for the preservation of life, health, property, and authorizing the Purchasing Manager of the Finance Department, or designee, to contract with Floyd Johnston Construction Co., Inc., without advertised competitive bidding for the emergency repair of the North Avenue sewer trunk main (Requires 5 votes) (Subject to Mayor’s Veto) 3. Award a construction contract to Floyd Johnston Construction Co., Inc., in the amount of $450,000 Sponsors: Department of Public Utilities 1-JJ ID19-1800 Approve a Fourth Amendment to the Agreement with Provost and Pritchard Engineering Group, Inc., amending the scope of work for Engineering Design and Feasibility Analysis for Removal of 1,2,3-Trichloropropane from Groundwater Wells (Citywide) City of Fresno ***Subject to Mayoral Veto Page 14 City Council Meeting Agenda - Final June 13, 2019 Sponsors: Department of Public Utilities 2. SCHEDULED COUNCIL HEARINGS AND MATTERS 10:00 A.M.#1 ID19-1792 TEFRA HEARING - To hear and consider information concerning the proposed issuance of Revenue Bonds by California Municipal Finance Authority (CMFA) for the purpose of financing and refinancing the acquisition, construction, furnishing and equipping of The Terraces at San Joaquin Gardens 1. ***RESOLUTION - Approving the issuance by the CMFA of Multifamily Housing Revenue Bonds, Series 2019 (HumanGood) in an aggregate principal not to exceed $195 million for the purpose of financing and refinancing the acquisition, construction, furnishing and equipping of The Terraces at San Joaquin Gardens and certain other matters relating thereto (Subject to Mayor’s veto). Sponsors: Finance Department 10:00 A.M.#2 ID19-1770 Essay on Fresno; Homelessness by Kahlan Fitzcharles Sponsors: Councilmember Soria 10:00 A.M.#3 ID19-1807 WORKSHOP - Update regarding Proposition 68 California State-wide Grant Opportunities for Quigley Park, Radio Park and new park development at Orangewood and Church Avenue Sponsors: Parks, After School and Recreation and Community Services Department 10:05 A.M.#1 SCHEDULED COMMINCATION ID19-1826 Appearance by Gary Doesekle to discuss the homeless issues by the Convention Center. (Speaker resides in District 4) City of Fresno ***Subject to Mayoral Veto Page 15 City Council Meeting Agenda - Final June 13, 2019 10:05 A.M.#2 ID19-1748 HEARING to Consider Adoption of the 551st Amendment to the Master Fee Schedule Resolution No. 80-420 to Increase Fire Facility Impact Fees (Fire Impact Fees); Acceptance and Adoption of the Public Review Draft Nexus Study Reports for the Fire Impact Fee Program (Citywide). 1. Adopt a Finding of Statutory Exemption that a Fire Facilities Impact Fee update is exempt pursuant to Public Resources Code Section 21080(b)(8) and Section 15273 of the California Environmental Quality Act (CEQA) Guidelines. 2. ***RESOLUTION - 551st Amendment to the Master Fee Schedule Resolution No. 80-420 to Adjust Citywide Fire Impact Fees. (Subject to Mayor’s Veto) 3. RESOLUTION - Establishing Findings Pursuant to California Government Code Sections 65961 and 66498.1(c) (1), Finding that Failure to Impose the Increased Fire Impact Fee on New Development, Including Approved Vesting Tentative Maps, Would Place Future and Existing Residents in a Condition Dangerous to Their Health and Safety. Sponsors: Public Works Department and Fire Department 10:10 A.M. ID19-1863 Appearance by Gidai Maaza and Cesar CasaMayor to discuss the Measure Cannabis Business tax and the need to define the regulations. 10:15 A.M. ID19-1181 (REFERRED BACK TO STAFF) HEARING to Consider Plan Amendment Application No. P18-03569, Rezone Application No. P18-03569, Modification of Zoning Conditions Application No. P18-03569 and related Environmental Assessment No. P18-03659 filed by Jeff Roberts of Assemi Group, Inc. These applications pertain to approximately 6.9 acres of property located on the corner of North Colonial and West San Jose Avenues. (Council District 2) 1. ADOPT CEQA Environmental Assessment No. P18- City of Fresno ***Subject to Mayoral Veto Page 16 City Council Meeting Agenda - Final June 13, 2019 03569, a Mitigated Negative Declaration dated May 22, 2019. 2. RESOLUTION - Approving Plan Amendment Application No. P18-03569 proposing to amend the Fresno General Plan and the Bullard Community Plan planned land use for ±1.0 acre of property at the northeast corner of North Colonial and West San Jose Avenues from Residential Medium Density to Regional Mixed-Use. 3. BILL (For introduction and adoption) - Approving Rezone Application No. P18-03569 requesting authorization to rezone ±1.0 acre of property at the northeast corner of North Colonial and West San Jose Avenues from RS-5/EQ (Residential Single Family/Equine Overlay) to RMX (Regional Mixed-Use) zoning. to modify conditions of zoning on ±3.8 acres at the northwest corner of North Colonial and West San Jose Avenues, and to modify conditions of zoning on ± 2.1 acres south of West San Jose Avenue at North Colonial Avenue. Sponsors: Development and Resource Management Department 1:30 P.M. - CONTESTED CONSENT CALENDAR 5:00 P.M. - CONTINUED TO JUNE 27, 2019 AT 5:00 P.M. ID19-1716 CONTINUED HEARING to consider initiation of the Specific Plan of the West Area, pertaining to approximately 7,077 acres in the West Development Area of the Fresno General Plan, filed by the Development and Resource Management Department Director 1. RESOLUTION - Initiating the Specific Plan of the West Area Draft Land Use Map and Guiding Principles and the corresponding amendment of the General Plan, and repeal or amendment of the West Area Community Plan and Highway City Neighborhood Specific Plan pertaining to approximately 7,077 acres located in the West Development Area to allow for future adoption of the Specific Plan of the West Area pursuant to Fresno Municipal Code Sections 15-5803-C and 15-4902-B. Sponsors: Development and Resource Management Department City of Fresno ***Subject to Mayoral Veto Page 17 City Council Meeting Agenda - Final June 13, 2019 3. GENERAL ADMINISTRATION 3-A ID19-1719 BILL - (For introduction) - Amending portions of the City Purchasing, Contracts and Sales Ordinance to update Chapter 4, Article 5 of the Fresno Municipal Code - Design Build Contracts to include qualification based methods of procurement. Sponsors: Airports Department 3-B ID19-1767 Approval of a Third Amendment to the Agreement entered between the City of Fresno and the Central California Society for the Prevention of Cruelty to Animals. Sponsors: City Manager's Office 3-C ID19-1742 Actions pertaining to the award of a requirements contract to Calaveras Materials, Inc., of Fresno, California in the amount of $2,838,662.75 for the purchase of Asphalt Concrete Material. Bid File No. 9469 (City Wide) Sponsors: Public Works Department 3-D ID19-1759 RESOLUTION - Authorizing the submission of a grant application for $10,540,582 from the United States Department of Transportation’s (USDOT) Better Utilizing Investments to Leverage Development (BUILD) Program for the Veterans Boulevard Interchange, Extension and Grade Separation Project and Authorizing the Execution of All Grant Application Documents by the Public Works Director or Designee (Council District 2) Sponsors: Public Works Department 3-E ID19-1754 Actions pertaining to the Belmont Avenue Overlay Project from Cedar Avenue to Chestnut Avenue - Bid File No. 3657 (Council District 7) 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 $978,160 to Dave Christian Construction Co., of Fresno, CA Sponsors: Public Works Department City of Fresno ***Subject to Mayoral Veto Page 18 City Council Meeting Agenda - Final June 13, 2019 3-F ID19-1796 Award a three-year Product Requirements Contract: Rebid of Bulk Calcium Hydroxide to Univar USA Inc., in an amount not to exceed $1,503,713.83 per year, with provision for up to two one-year extensions (Bid File 9493) (Citywide) Sponsors: Department of Public Utilities 3-G ID19-1781 Actions pertaining to removal of Perchloroethylene from Groundwater at Pump Station 117 and Pump Station 284 (Fresno County and Council District 2): 1. Adopt findings of Class 1, Class 3, and Class 32 Categorical Exemptions pursuant to Sections 15301, 15303, and 15332 of the California Environmental Quality Act Guidelines 2. Approve a Fourth Amendment to Agreement for supplemental engineering services with Provost & Pritchard Engineering Group, Inc., in the amount of not to exceed $156,000 Sponsors: Department of Public Utilities 3-H ID19-1793 Actions pertaining to Madison-Whitesbridge Recycled Water Main (Bid File 3620) (Council District 3 and County of Fresno): 1. Adopt Addendum 2 to the Fresno Recycled Water Distribution System, Southwest Quadrant Tiered Mitigated Negative Declaration (State Clearinghouse No. 2014081078) 2. Award a construction contract to West Valley Construction Company, Inc., in the amount of $3,854,224 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 3-I ID19-1801 Actions pertaining to Sewer Rehabilitation in the Vicinity of North Fresno Street and East Shields Avenue (Bid File 3646) (Council District 7): 1. Adopt a finding of Categorical Exemption pursuant to Class 1, Section 15301 (Existing Facilities) of the California Environmental Quality Act Guidelines 2. Award a construction contract to Emmett’s Excavation, Inc., in the amount of $1,212,543 City of Fresno ***Subject to Mayoral Veto Page 19 City Council Meeting Agenda - Final June 13, 2019 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 3-J ID19-1811 ***RESOLUTION - Approving the reallocation of $3,000,000 from the Liability Self-Insurance Fund Contingency to fund refunds and claims (Subject to Mayor’s Veto) Sponsors: Personnel Services Department 4. CITY COUNCIL 4-A ID19-1751 Discussion of Parks & Public Safety Subcommittee: 1. Announce creation of an ad hoc Council subcommittee to work with Mayor and make recommendations on a potential ballot item for parks and public safety; subcommittee will report back to the full Council within 90 days; 2. Announce appointments of Vice President Arias, Councilmember Soria, and Councilmember Chavez as the committee members. Sponsors: Vice President Arias 4-B ID19-1769 ***RESOLUTION - Amending the “Council Residency Act” and renaming it the “Council and Mayor Residency Act”. (Subject to Mayor’s veto) Sponsors: Vice President Arias and City Clerk's Office 4-C ID19-1815 RESOLUTION - Initiating a text amendment to the Zoning Ordinance of the City of Fresno to Add Chapter 15, Article 24, Section 15-2424 of the Fresno Municipal Code relating to an expedited, streamlined permitting process for Electric Vehicle Charging Stations, pursuant to Fresno Municipal Code Section 15-5803-A1. Sponsors: Vice President Arias 4-D ID19-1851 ***RESOLUTION - Approving the installation of a Fresno Public Safety Memorial in front of City Hall, on the north lawn, and donating the existing Fresno Police Department Memorial to the Fresno Police Officers’ Association. (Subject to Mayor’s veto) Sponsors: Vice President Arias and Mayor's Office City of Fresno ***Subject to Mayoral Veto Page 20 City Council Meeting Agenda - Final June 13, 2019 5. CLOSED SESSION 5-A ID19-1712 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Government Code Section 54956.9, subdivision (d)(2) 1 1. City of Fresno v. Helen Woodward Sponsors: City Attorney's Office 5-B ID19-1817 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION - Government Code Section 54956.9, subdivision (d)(1) Lowell Community Development Corp., v. City of Fresno; Fresno County Superior Court Case No. 18CECG01885 Sponsors: City Attorney's Office 5-C ID19-1818 CONFERENCE WITH LABOR NEGOTIATORS - Government Code Section 54957.6 City Negotiators: Jeffrey Cardell, Ken Phillips Employee Organizations: 1. International Union of Operating Engineers, Stationary Engineers, Local 39 (Local 39) 2. Fresno City Employees Association (FCEA) 3. Fresno Police Officers Association (FPOA Basic) 4. International Association of Firefighters, Local 753, Unit 5 (Fire Basic) 5. Amalgamated Transit Union, Local 1027 (ATU) 6. International Brotherhood of Electrical Workers, Local 100 (IBEW) 7. Fresno Police Officers Association (FPOA Management) 8. International Association of Firefighters, Local 753, Unit 10 (Fire Management) 9. City of Fresno Professional Employees Association (CFPEA) 10. City of Fresno Management Employees Association (CFMEA) 11. Operating Engineers, Local Union No. 3, Fresno Airport Public Safety Supervisors (FAPSS) 12. Operating Engineers, Local Union No. 3, Fresno Airport Public Safety Officers (FAPSO) 13. Unrepresented Employees in Unit 2 (Non-Represented City of Fresno ***Subject to Mayoral Veto Page 21 City Council Meeting Agenda - Final June 13, 2019 Management and Confidential Classes): Airport Public Safety Manager Assistant City Attorney Assistant City Manager Assistant Controller Assistant Director Assistant Director of Personnel Services Assistant Director of Public Utilities Assistant Director of Public Works Assistant Police Chief Assistant Retirement Administrator Budget Analyst Budget Manager Chief Assistant City Attorney Chief Information Officer Chief of Staff to Councilmember Chief of Staff to the Mayor City Attorney City Attorney Investigator City Clerk City Engineer City Manager Community Coordinator Community Outreach Specialist Controller Council Assistant Deputy City Attorney II Deputy City Attorney III Deputy City Manager Director Director of Aviation Director of Development Director of Personnel Services Director of Public Utilities Director of Transportation Economic Development Coordinator Economic Development Director Executive Assistant to Department Director Executive Assistant to the City Attorney City of Fresno ***Subject to Mayoral Veto Page 22 City Council Meeting Agenda - Final June 13, 2019 Executive Assistant to the City Manager Fire Chief Governmental Affairs Manager Human Resources Manager Independent Reviewer Internal Auditor Investment Officer Labor Relations Manager Management Analyst II Payroll Accountant Payroll Manager Police Chief Principal Budget Analyst Principal Internal Auditor Public Affairs Officer Public Works Director Retirement Administrator Retirement Benefits Manager Senior Budget Analyst Senior Deputy City Attorney I Senior Deputy City Attorney II Senior Deputy City Attorney III Senior Human Resources/Risk Analyst Senior Law Clerk Supervising Deputy City Attorney Sponsors: City Attorney's Office 5-D ID19-1846 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Case Name: Curtis Waller (Dec’d) vs. City of Fresno, psi, Administered by RISICO Claims Management Workers’ Compensation Appeals Board Case No. ADJ9861653 Sponsors: Personnel Services Department 5-E ID19-1845 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Government Code Section 54956.9, subdivision (d)(2) 1. City of Fresno v. Garney Pacific Company dba Garney City of Fresno ***Subject to Mayoral Veto Page 23 City Council Meeting Agenda - Final June 13, 2019 Construction Company 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 UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS June 20, 2019 10:00 A.M. - TEFRA Hearing for the United Health Center June 20, 2019 10:05 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) June 20, 2019 10:30 A.M. - RESOLUTION - 550th Amendment to the Master Fee Schedule (MFS) Resolution No. 80-420 to add, adjust, or delete various development fees associated with the Current Planning and Building Divisions of the Development and Resource Management Department. June 27, 2019 5:00 P.M. - CONTINUED HEARING to consider initiation of the Specific Plan of the West Area, pertaining to approximately 7,077 acres in the West Development Area of the Fresno General Plan, filed by the Development and Resource Management Department Director August 15, 2019 10:00 A.M. - Vacation of a portion of Elgin Avenue and James Avenue, between City of Fresno ***Subject to Mayoral Veto Page 24 City Council Meeting Agenda - Final June 13, 2019 Golden State Boulevard and State Route 99 (Council District 2). August 15, 2019 10:05 AM - HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding City of Fresno Community Facilities District No. 11, Annexation No. 101 (Final Tract Map No. 5631) (west side of North Polk Avenue between West Gettysburg and Ashlan Avenues) (Council District 1) FY 2020 SCHEDULED BUDGET HEARINGS June 18, 2019 - 9:00 A.M. Vote on Motions June 20, 2019 - 9:00 A.M. (Budget hearing is part of the regular Council meeting) Vote on Budget June 27, 2019 - 9:00 A.M. (Budget hearing is part of the regular Council meeting) (Reserved for Final Vote, if needed) UPCOMING EMPLOYEE CEREMONIES July 24, 2019 (Wednesday) - 10:00 A.M. - Employee of the Summer Quarter October 23, 2019 (Wednesday) – 10:00 A.M. - Employee of the Fall Quarter November 20, 2019 (Wednesday) –2:00 P.M. - Employee Service Awards 2019 CITY COUNCIL MEETING SCHEDULE JUNE 20 - 9:00 A.M. MEETING JUNE 27 - 9:00 A.M. MEETING JULY 4 - NO MEETING JULY 11 - NO MEETING JULY 18 - 9:00 A.M. MEETING JULY 25 - 9:00 A.M. MEETING AUGUST 1 - NO MEETING AUGUST 8 - NO MEETING AUGUST 15 - 9:00 A.M. MEETING AUGUST 22 - 9:00 A.M. MEETING AUGUST 29 - NO MEETING City of Fresno ***Subject to Mayoral Veto Page 25

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