City Council
Regular MeetingFresno, CA · June 13, 2019
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
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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.
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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.
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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
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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
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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
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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.
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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
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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
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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.
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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
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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
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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.
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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.
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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
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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,
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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
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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:
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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,
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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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