City Council
Regular MeetingFresno, CA · August 15, 2019
Minutes
City of Fresno
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
Meeting Minutes - Final
Thursday, August 15, 2019
9:00 AM
Regular Meeting
Council Chambers
City Council
City Council Meeting Minutes - Final August 15, 2019
The City Council met in regular session in the Council Chamber, City Hall on the date
and time written above.
9:06 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 Pastor Scott Gossenberger from New Covenant Community Church
Pledge of Allegiance to the Flag
APPROVE AGENDA
City Clerk Spence announced the following changes to the agenda: File
ID19-11031 – Proclamation of "Heliodoro Zavala Day" should read as “Leo
Zavala Day”, File ID 19-11124 - Proclamation of "Ralph Tovar Rodriguez
Day with American Legion 509" should read as "Ralph Tobar Rodriguez Day
with American Legion 509", File ID19-11071 (1-K) – Approve a 10-year
agreement with Cen Cal Business Finance Group, Inc. (Cen Cal) to
administer the Revolving Loan Fund (RLF) Program, was removed from the
agenda by staff and moved to August 22, 2019, File ID19-11072 (1-L) –
Approve the 2019 Administrative Plan for the City of Fresno’s Revolving
Loan Fund Program, was removed from the agenda by staff and moved to
August 22, 2019, File ID19-1923 (1-N) - Approve a requirements contract to
Sequoia Western, in an amount not to exceed $350,000 for weed and public
nuisance abatement services, was removed from the agenda by staff and
moved to August 22, 2019, File ID 19-11094 (10:20 A.M) - Appearance by
Marylou Padilla to discuss the elimination of the violence in video games,
was removed from the agenda by the requested speaker, File ID19-11066
(10:35 A.M.) – HEARING pertaining to Fresno County Airport Land Use
Compatibility Plan, was continued to September 19, 2019 at 10:15 A.M. by
staff and File ID19-1965 (4-A) – Council Boards and Commissions
Communications, Reports, Assignments and/or Appointments,
Reappointments, Removals to/from City and non-City Boards and
Commissions, was removed from the agenda by staff and moved to August
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City Council Meeting Minutes - Final August 15, 2019
22, 2019.
On motion of Councilmember Soria, seconded by Vice President
Arias, the above item was adopted as amended. The motion carried
by the following vote:
Aye: 6 - Caprioglio, Arias, Soria, Chavez, Bredefeld and Esparza
APPROVE MINUTES
ID19-11088 Approval of minutes for July 25, 2019.
On motion of Vice President Arias, seconded by Councilmember
Soria, that the above Action Item be approved. The motion carried by
the following vote:
Aye: 6 - Caprioglio, Arias, Soria, Chavez, Bredefeld and Esparza
CEREMONIAL PRESENTATIONS
ID19-11124 Proclamation of “Ralph Tobar Rodriguez Day with American Legion 509”
CORRECTED AND PRESENTED
ID19-1999 Proclamation of “Breastfeeding Awareness Month”
PRESENTED
ID19-11031 Proclamation of “Leo Zavala Day”
CORRECTED AND PRESENTED
ID19-11140 Presentation of a Certificate of Recognition to “District 1 Intern Pawan
Brar”
PRESENTED
COUNCILMEMBER REPORTS AND COMMENTS
Council President Caprioglio welcomed Councilmember-elect Mike
Karbassi, District 2 to the City Council.
Councilmember Esparza thanked summer interns Charie Payne, Elizabeth
Grubb and Navkaran Gurm for their help in District 7. He thanked PARCs
staff for a successful "beat the heat" summer at Romain Park. He welcomed
new University of California, San Francisco cohort students who will be
participating in the San Joaquin program of Medical Education. With the
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Fresno Barrios Unidos, he hosted a mock City Council hearing for students
to participate, at City Hall in the City Council Chambers. He stated District 7
will be conducting a series of town hall meetings throughout the District
starting September 9, 2019. More information will follow shortly. Lastly, he
mentioned District 7 will be hosting a seminar on human trafficking,
Wednesday, August 28, 2019 at Fresno City College in the Old
Administration Building (OAB) room 251.
Councilmember Soria announced Fresno Reel Pride Silent Auction and
Kick-off Party, Friday, August 16, 2019 at the Painted Table from 6-9 P.M. in
Tower District to celebrate their 30th Annual Film Festival Event. She
congratulated and welcomed the west area Centro La Familia Advocacy
Services to the Highway City area. She invited the community to come out
to the fairgrounds Monday, September 2, 2019 Labor Day weekend to
celebrate the "Labor Day Festival." Councilmember Soria announced she
was recently appointed by Governor Newsom to represent the region on the
Homeless Taskforce. The first meeting will be held the first week of
September. More information will be coming forward shortly.
Council President Caprioglio introduced Molly Marquez to District 4 and
acknowledge and thanked intern Evan Lopez, Andrew Kloose and Laura
Rios for all their hard work. He announced his office provided 700
backpacks to incoming students in District 4. He thanked several sponsors,
volunteers, District 4 staff, parents, Reading Heart for donating books to the
students and the PARCs Department. He thanked Fresno Police Officers'
Association (FPOA) Todd Frazier and Kirk Pool for assisting his District with
the food and for helping with National Night Out. Council President
Caprioglio gave a friendly reminder to the Administration and staff to
following the Council rules and procedures regarding the Council Agenda
deadlines. He stated if the deadlines are not met, the item will not be heard
on the current agenda and will be pushed to the following meeting.
1. CONSENT CALENDAR
On motion of Vice President Arias, seconded by Councilmember
Chavez, the below CONSENT CALENDAR items were adopted. The
motion carried by the following vote:
Aye: 6 - Caprioglio, Arias, Soria, Chavez, Bredefeld and Esparza
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1-A ID19-11006 Award a three year Services Contract for Janitorial Services at City of
Fresno’s Regional Wastewater Reclamation Facility (RWRF) to Geil
Enterprises, Inc., in the amount not to exceed $141,222 per year, with
provision for up to two one-year extensions (Bid File 9470) (Citywide)
1-B ID19-11067 Actions related to revising the City’s Fats Oils and Grease (FOG) Program
requirements for sewage and water disposal and related Fresno Municipal
Code (FMC) sections:
1. Adopt findings of Categorical Exemption pursuant to sections
15307/Class7 and 15308 Class/8 of the California Environmental
Quality Act (CEQA) Guidelines
2. ***BILL - (For introduction) - Amending Fresno Municipal Code
sections 6-302, 6-320, 6-321.1, 6-323, 6-327, 6-335, and 6-336 (All
Council Districts)(Subject to Mayor’s Veto)
BILL 20 INTRODUCED AND LAID OVER
1-C ID19-11076
RESOLUTION - To authorize submittal of applications to The Recycling
Partnership for payment programs and related authorizations (Citywide)
RESOLUTION 2019-156 ADOPTED
1-D ID19-11077
BILL - (for Introduction) - Granting a non-exclusive roll-off franchise for
roll-off collection within the City of Fresno to HD Matthews Demolition &
Excavation, in preparation for a public hearing on the matter and final vote
to approve the Non-Exclusive Roll-Off Franchise on September 19, 2019
(Citywide)
BILL 21 INTRODUCED AND LAID OVER
1-E ID19-11083 Approve the Second Amendment to the professional consultant agreement
with Stantec Architecture, Inc., to provide design and engineering services,
plan check, and any construction administration for the replacement of
HVAC equipment for the Department of Transportation Administration
Building as a stand-alone construction project in the amount of $56,077.00
and authorize the Director of Transportation or designee to execute all
related documents
1-F ID19-11085 Approve the award of a purchase contract to Fresno Truck Center of
Fresno, California, for the purchase of two Freightliner M2 106 cab and
chassis trucks in the amount of $187,551 (Bid File 3670)
1-G ID19-11068 RESOLUTION - Of Intention to annex Final Tract Map No. 5587 as
Annexation No. 100 to the City of Fresno Community Facilities District No.
11 and to Authorize the Levy of Special Taxes; and setting the public
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City Council Meeting Minutes - Final August 15, 2019
hearing for September 19, 2019 at 10:05 a.m. (northwest corner of West
McKinley and North Brawley Avenues) (Council District 3)
RESOLUTION 2019-157 ADOPTED
1-H ID19-11070 RESOLUTION - Of Intention to Annex the territory known as Assessor’s
Parcel Number 330-021-03 as Annexation No. 40 to the City of Fresno
Community Facilities District No. 9 and to Authorize the Levy of Special
Taxes; and setting the public hearing for September 19, 2019 at 10:05
a.m. (R-P East Investments Development) (east side of South East
Avenue north of East Central Avenue) (Council District 3)
RESOLUTION 2019-158 ADOPTED
1-I ID19-11079 Approve an agreement for Professional Engineering Services with
Kittelson & Associates, Inc., for $199,905 for the Systemic Safety Analysis
Report Program to evaluate the roadway networks within the City of Fresno
(Citywide)
1-J ID19-11081 RESOLUTION - Of Intention to annex Final Tract Map No. 6214 as
Annexation No. 103 to the City of Fresno Community Facilities District No.
11 and to Authorize the Levy of Special Taxes; and setting the public
hearing for September 19, 2019 at 10:05 a.m. (property surrounded by
East Clinton, North Armstrong, East McKinley, and North Fowler Avenues)
(Council District 4)
RESOLUTION 2019-159 ADOPTED
1-K ID19-11071 Approve a 10-year agreement with Cen Cal Business Finance Group, Inc.
(Cen Cal) to administer the Revolving Loan Fund (RLF) Program
The above item was removed from the agenda by staff and moved to the
August 22, 2019 agenda.
1-L ID19-11072 Approve the 2019 Administrative Plan for the City of Fresno’s Revolving
Loan Fund Program
The above item was removed from the agenda by staff and moved to the
August 22, 2019 agenda.
1-M ID19-11075 ***BILL NO. B-18 - (Intro. 7/25/2019) (For adoption) - Amending Sections
1-302, 1-305(d), 7-910(b), 10-704(b), 10-1602(a), 10-1609, and 11-304(c)
of the Fresno Municipal Code related to code enforcement. (Subject to
Mayor’s veto)
ORDINANCE 2019-019 ADOPTED
1-N ID19-1923
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Approve a requirements contract to Sequoia Western, in an amount not to
exceed $350,000 for weed and public nuisance abatement services.
The above item was removed from the agenda by staff and moved to the
August 22, 2019 agenda.
1-O ID19-11123 Approve the reappointment of Susan Smith to the Bicycle and Pedestrian
Advisory Committee
1-P ID19-11136 Approve the appointments of Dillon Savory and Ryan Kenny to the District
1 Project Review Committee
1-Q ID19-11129 Consider approval for a Council override vote of Resolution No. 2019-155
vetoed by Mayor Brand on August 5, 2019 (Council action to override
Mayoral veto requires 5 affirmative votes)
1. RESOLUTION NO. 2019-155 - Amending the Transparency in City
Government Act to Prohibit Retroactive Raises and Raises After an
Employee Has Given Notice
RESOLUTION 2019-155 ADOPTED
PLEASE NOTE: UNSCHEDULED COMMUNICATION IS NOT SCHEDULED FOR A
SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING
UNSCHEDULED COMMUNICATION
The following members of the public addressed Council: Kathy Holquinn,
David Schwegel, Jaime Loza, David Love, Aaron Foster and Cynthia
Mayon.
2. SCHEDULED COUNCIL HEARINGS AND MATTERS
10:00 A.M.
ID19-11078 HEARING - To vacate Elgin Avenue and North James Street between
Golden State Boulevard and State Route 99 (Council District 2)
1. ***RESOLUTION - Ordering the vacation of Elgin Avenue and North
James Street between Golden State Boulevard and State Route 99
(Subject to Mayor’s Veto)
The item was called to order at 10:11 A.M.
The above item was introduced to Council by Chief Surveyor Camit, Public
Works Department.
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Upon call, there was no public comment.
Council Vice President Arias asked staff several questions regarding
compensation from the property owner to the City of Fresno. He asked what
is the plan for the vacant property and what is the property's estimated value
of the right-of-way. Chief Surveyor Camit responded.
Councilmember Soria asked what was the liability and if the City of Fresno
is currently maintaining the property. Chief Surveyor Camit and Assistant
City Manager Schaad responded.
RESOLUTION 2019-160 ADOPTED
On motion of President Caprioglio, 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
10:10 A.M.
ID19-1970 TEFRA HEARING - To hear and consider information concerning the
proposed issuance of Multifamily Housing Revenue Bonds by California
Statewide Communities Development Authority for the purpose of
financing or refinancing the acquisition, rehabilitation, improvement and
equipping of Pleasant Village Apartments
1. ***RESOLUTION - Approving the issuance by the California
Statewide Communities Development Authority of Multifamily Housing
Revenue Bonds, in an aggregate principal amount not to exceed $15
million for the purpose of financing or refinancing the acquisition,
rehabilitation, improvement and equipping of Pleasant Village
Apartments and certain other matters relating thereto (Subject to
Mayor’s veto).
The item was called to order at 10:18 A.M.
The above item was introduced to Council by Director Lima, Finance
Department.
Upon call, there was no public comment and no Council discussion.
RESOLUTION 2019-161 ADOPTED
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On motion of Councilmember Chavez, seconded by Councilmember
Soria, that the above Action Item be adopted. The motion carried by
the following vote:
Aye: 6 - Caprioglio, Arias, Soria, Chavez, Bredefeld and Esparza
10:20 A.M. SCHEDULED COMMUNICATION
ID19-11059 Appearance by Daniel Lorente to discuss the desecration of his younger
brother, USMC Cpl. Farrell Gilliam’s burial site at Mountain View
Cemetery. (Speaker resides in District 1) (Cemetery located in District 3)
APPEARED
ID19-11094 Appearance by Marylou Padilla to discuss the elimination of the violence in
video games (Speaker resides in District 2)
The above item was removed from the agenda by the speaker.
10:30 A.M.#1
ID19-11046 CONTINUED HEARING to consider Plan Amendment and Rezone
Application No. P18-03582, Conditional Use Permit Application No.
P18-03583 and Environmental Impact Report (EIR) State Clearinghouse
(SCH) No. 2018111043 as part of a City-initiated Plan Amendment and
Rezone pursuant to Fresno Municipal Code (FMC) Section 15-5803:
(Council District 3)
1. RESOLUTION - Certifying Final EIR SCH No. 2018111043 for the
Relocation of the Darling Rendering Plant; and,
a. ADOPT Findings of Fact as required by Public Resources Code
Section 21082(a) and CEQA Guidelines, Section 15091; and,
b. APPROVE a Mitigation Monitoring and Reporting Program as
required by Public Resources Code Section 21081.6 and CEQA
Guidelines Section 15092; and,
c. ADOPT the Statement of Overriding Considerations as required
by Public Resources Code, Section 21081(b) and CEQA
Guidelines, Section 15093.
2. RESOLUTION - Approving Plan Amendment Application No. P18-
03582 proposing to amend the Fresno General Plan from the Public
Facilities planned land use designation to the Heavy Industrial
planned land use designation
3. BILL (for introduction and adoption) - Rezone Application No. P18-
03582 proposing to amend the Official Zone Map to reclassify the
subject property from the PI/UGM (Public and Institutional/Urban
Growth Management) zone district to the IH (Heavy Industrial) zone
district
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4. APPROVE Conditional Use Permit Application No. P18-03583
proposing the construction of a new rendering facility on a vacant 40
acre portion of land located approximately 1200 feet south and 1800
feet west of the intersection of South Cornelia and West Jensen
Avenues, subject to the Conditions of Approval dated August 7, 2019.
5. BILL (for introduction) - Approving the Disposition Agreement and
Development Agreement between the City of Fresno and Darling
Ingredients Inc., pertaining to relocation and the transfer and
development of real property to the southwest of the intersection of
Jensen and Cornelia Avenues
The item was called to order at 10:30 A.M.
The above item was introduced to Council by Council Vice President Arias,
District 3, Assistant City Attorney Avedisian-Favini, City Attorney's Office,
Planner III Lang, Planning and Development Department, Consultant Mike
Parker with Ascent Environmental and City Attorney Sloan, City Attorney's
Office.
Upon call the following members of the public addressed Council: Mary
Curry and Kiel Lopez-Schmidt.
Council thanked former District 3 Councilmember Baines, the community
and the Administration for all their years of hard work on the Darling Project.
Councilmember Chavez asked staff about the performance timeline
pertaining to the relocation from the neighborhood and he asked what the
plans were for the vacant property. Director Clark responded.
RESOLUTION 2019-162 ADOPTED
RESOLUTION 2019-163 ADOPTED
BILL 22 AND ORDINANCE 2019-020 ADOPTED
BILL 23 INTRODUCED AND LAID OVER
On motion of Vice President Arias, seconded by Councilmember
Soria, that the above Action Item be adopted. The motion carried by
the following vote:
Aye: 6 - Caprioglio, Arias, Soria, Chavez, Bredefeld and Esparza
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10:30 A.M.#2 JOINT MEETING OF THE FRESNO REVITALIZATION
CORPORATION AND CITY OF FRESNO IN ITS CAPACITY AS
HOUSING SUCCESSOR TO THE REDEVELOPMENT AGENCY
ID19-11117
Consider a 2nd Amendment to the Disposition and Development Agreement
between the City of Fresno, the City of Fresno in its capacity as Housing
Successor to the former Redevelopment Agency and Noyan Frazier Capital LP.
Member Soria recused herself from the above item and left the chambers.
The City Council met in Joint Session with the Fresno Revitalization
Corporation at 10:45 A.M.
The above item was introduced to Council by Redevelopment Administrator
Murphey, Successor Agency to the Redevelopment Agency of the City of
Fresno.
Member Bredefeld asked several questions regarding the first Disposition
and Development Agreement (DDA) and the approved planned project in
2016. He asked about the low income housing, the 50 units and changes
that have been made between 2016-2019. Member Bredefeld questioned
the additional $659,000 and why there were shortfalls in the project. He
also asked staff if there will be future changes to the project and expressed
his concerns with the additional funds and the expensive changes that have
been made to the approved project in 2016. Redevelopment Administrator
Murphey and President Mehment Noyan with the Noyan Company
responded. Member Bredefeld asked Administration if they have gone over
the numbers and if they are conformable with the analysis. Deputy City
Manager Merrill and Assistant City Manager Schaad responded.
Member Chavez asked staff about the construction and timeline of the
project. He asked if construction costs have gone up and if so what were the
increases over the last few years. Mr. Noyan responded.
Vice Chair Arias spoke regarding rebuilding in the City of Fresno and
making sure Developers include quality and affordable housing in future
projects.
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Chair Caprioglio asked about cash and future cash investment in the
partnership. He stated he is looking for more units being used in affordable
housing. Mr. Noyan responded.
Upon call, there was no public comment.
Joint Meeting of the Fresno Revitalization Corporation closed at 11:25 A.M.
APPROVED
On motion of Member Chavez, seconded by Vice Chair Arias, the above
item was approved. The motion carried by the following FRC vote:
Aye: 4 - Caprioglio, Arias, Chavez and Esparza
No: 1 - Bredefeld
Absent: Mayor Brand
Recused: Soria
10:35 A.M.
ID19-11066 (CONTINUE TO SEPTEMBER 19, 2019 AT 10:15 A.M.)
HEARING pertaining to Fresno County Airport Land Use Compatibility
Plan:
1. ADOPT a finding that it can be seen with certainty that there is
no possibility that this project will have a significant effect on the
environment pursuant to the common sense exemption set forth
in CEQA Guidelines Section 15061(b)(3)
2. RESOLUTION - Finding of Consistency between the City of
Fresno’s Land Use Plans and Regulations and the December 2018
Fresno County Airport Land Use Compatibility Plan
3. BILL - (For introduction) - Approving Text Amendment Application
No. P19-01036 amending sections 15-104-B-4; 15-5206; 15-5306;
15-5506-D; 15-5811-A; 15-5905-A; 15-6006-A; and 15-6104-B of
the Fresno Municipal Code (FMC), which gives the December 2018
Fresno County Airport Land Use Compatibility Plan priority over all
other local land use plans and regulations in the event of a conflict
The above item was continued to September 19, 2019 at 10:15 A.M.
10:45 A.M.
ID19-11045 HEARING to consider Development Permit Application No. P19-00141,
and related Environmental Assessment filed by Robert Vermeltfoort of
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Vermeltfoort Architects, Inc., on behalf of Herndon Fir Partners LLC, for a
development permit located on the south side of East Fir Avenue between
North Whitney and North Dearing Avenues (Council District 6)
1. ADOPT - Environmental Assessment No. P19-00141 dated July
17, 2019, a determination that the proposed project is exempt from
the California Environmental Quality Act (CEQA) through a Class 32
Categorical Exemption.
2. APPROVE - Development Permit Application No. P19-00141, a
proposal to construct four (4) shell buildings totaling 36,325 square
feet on a ±3.11-acre vacant site zoned O (Office), subject to
compliance with the Conditions of Approval dated July 17, 2019.
Councilmember Soria returned to the dais.
The item was called to order at 11:25 A.M.
The above item was introduced to Council by Planner III Olsen, Planning
and Development Department.
Upon call, there was no public comment.
Council Vice President Arias asked staff about the impact to the
neighborhoods and if there are any plans to improve traffic. Planner III
Olsen responded.
APPROVED
On motion of Councilmember Bredefeld, 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
1:30 P.M. CONTESTED CONSENT CALENDAR
There were no items pulled from the Consent Calendar.
3. GENERAL ADMINISTRATION
3-A ID19-11004
Approve Contract Change Order No. 2 to the construction contract with
Garney Construction for the Recycled Water Transmission Main,
Southwest Quadrant, Project SW1B, to increase the total construction
contract amount by $1,293,710 and add 303 days in the contract time (Bid
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File 3413) (Council District 3 and Fresno County)
The above item was introduced to Council by Licensed Engineer Pavic,
Public Utilities Department.
Upon call, there was no public comment.
Councilmember Soria asked if there was a project labor agreement involved
in the construction of the project and stated her concerns with the project
having a lot of change orders. Licensed Engineer Pavic responded.
Councilmember Bredefeld asked about the increase contract amount and if
the project has been completed. Licensed Engineer Pavic responded.
Council Vice President Arias asked staff about the total cost of the project
and to explain the reasons for the increases to the project. Licensed
Engineer Pavic responded. Council Vice President Arias asked if the rate
payers will be paying an increase of 12%. Assistant City Manager Schaad
responded.
APPROVED
On motion of Councilmember Chavez, 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: 2 - Arias and Bredefeld
3-B ID19-11005
Approve Contract Change Order No. 9 to the construction contract with
Garney Construction, for the Kings River Pipeline Project, to increase the
total construction contract amount by $2,207,730 and add 156 days in the
contract time (Council District 5 and Fresno County)
The above item was discussed with File ID 19-11004 (3-A)
Upon call, there was no public comment and no Council discussion.
APPROVED
On motion of Councilmember Chavez, seconded by President
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Caprioglio, that the above Action Item be approved. The motion
carried by the following vote:
Aye: 4 - Caprioglio, Soria, Chavez and Esparza
No: 2 - Arias and Bredefeld
3-C ID19-11073
Actions pertaining to the comprehensive administration of the United
States Department of Housing and Urban Development (HUD) programs
1. Approve a First Amendment to the Consulting Services Agreement with
Michael Baker International in the amount not to exceed $226,000
for ongoing consultant services through June 30, 2020; and
2. Approve Second Amendment to Consulting Services Agreement with
Usona Development, LLC in the amount not to exceed $609,020 for
ongoing consultant services through June 30, 2020;
3. Authorize the Planning and Development Department Director, or
designee, to sign the amendments on behalf of the City of Fresno.
The above item was introduced to Council by Director Clark, Planning and
Development Department.
Upon call, there was no public comment.
Councilmember Bredefeld asked staff if the department is planning to fill the
vacancies and hire qualified individuals to do the work rather than
continuing to hire consultants. Director Clark responded.
Council Vice President Arias motioned to approve the contract without
additional extensions unless approved by City Council. Councilmember
Chavez seconded the motion as amended.
Councilmember Soria expressed her frustrations with the current vacancies
in the department and the continuous request to hire consultants. She asked
the Administration for an update on when the positions will be filled. She
asked staff about the qualifications and salaries of the vacant positions.
Director Clark and Assistant City Manager Schaad replied.
APPROVED AS AMENDED
On motion of Vice President Arias, seconded by Councilmember
Chavez, that the above Action Item be approved as amended. The
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motion carried by the following vote:
Aye: 6 - Caprioglio, Arias, Soria, Chavez, Bredefeld and Esparza
4. CITY COUNCIL
4-A ID19-1965 Council Boards and Commissions Communications, Reports,
Assignments and/or Appointments, Reappointments, Removals to/from
City and non-City Boards and Commissions:
1. Association for the Beautification of Highway 99 - Soria, Arias
2. Budget Sub-Committee - Soria, Chavez, Caprioglio
3. Cannabis Ad Hoc Committee - Soria, Caprioglio, Arias
4. Council of Governments - Mayor Brand-Ex-Officio (Caprioglio)
5. CDBG Sub-committee - (Pertaining to Housing and addressing
the allocation of Funds) - Caprioglio, Soria, Arias
6. Code Enforcement Sub-Committee - Bredefeld, Caprioglio, Soria
7. Economic Development Corporation Serving Fresno County -
Caprioglio-Ex-Officio, City Manager Wilma Quan and
(Chavez - Alternate)
8. Enterprise and Construction Management Oversight Board - Chavez,
Bredefeld-Alternate
9. Finance and Audit Committee - Bredefeld, Esparza- Chair,
Vacant
10. Fresno Area Workforce Investment Corporation - Soria
11. Fresno County Transportation Authority (FCTA) - Mayor
Brand-Ex-Officio, (Caprioglio - Alternate)
12. Fresno Regional Workforce Development Board - Soria
13. Fresno County Zoo Authority - Mayor Brand-Ex-Officio,
(Arias-Alternate)
14. Fresno Madera Area Agency on Aging Board - Chavez
15. Homeless (HEAP Funding Plan) Sub-Committee -
Chavez-Chair, Bredefeld, Arias
16. Joint Powers Financing Authority - Mayor Brand, Soria,
Caprioglio
17. League of California Cities (Annual Meeting) - Soria, (Caprioglio -
Alternates)
18. Litigation Exposure Reduction Ad Hoc Committee - Arias, Soria,
Caprioglio-Chair
19. Lobbyist Committee- Soria, Arias and Esparza
20. North Kings Groundwater Sustainability Agency (GSA) Joint Powers
Authority - Mayor Brand (Michael Carbajal, Tim Orman -
Alternates)
21. Parks & Public Safety Subcommittee - Arias, Soria, Chavez
22. San Joaquin River Conservancy Board - Mayor
City of Fresno ***Subject to Mayoral Veto Page 16
City Council Meeting Minutes - Final August 15, 2019
Brand-Ex-Officio, (Bredefeld-Alternate)
23. San Joaquin Valley Special City Selection Committee - Primary
Representative-Arias, Alternate Representative-Vacant
24. School Liaison Sub-Committee - Esparza-Chair, Chavez, Arias
25. Sub- Committee on Transportation - Arias, Caprioglio, Soria
26. Upper Kings Basin Integrated Regional Water Management JPA -
Vacant (Brock Buche and Chavez - Alternates)
The above item was removed from the agenda by staff and move to the
September 19, 2019 agenda.
4-B ID19-11074 BILL - (For introduction) - Adding Section 4-203 to the Fresno Municipal
Code concerning the disposition of real property.
The above item was introduced to Council by Council Vice President Arias,
District 3.
Upon call, there was no public comment.
Council Vice President Arias directed City Manager to establish a
Subcommittee concerning the disposition of real property. He stated the City
Manager will appoint City staff and members of the public at the City
Manager's discreation. The Committee will create a policy to develop a
Request for Proposal (RFP) for the property which would then be advertised
in the local newspaper, City website and the surrounding neighbors within a
1000 feet. He stated the committee would evaluate the best value for the
City property, considering price, community benefit, qualifications and the
tax value of the City of Fresno. The recommendations will then come back
to City Council for approval.
Councilmember Esparza spoke regarding the need for transparency and the
purpose of the policy and its process.
BILL 24 INTRODUCED AND LAID OVER
On motion of Councilmember Esparza, seconded by Vice President
Arias, that the above Ordinance be approved. The motion carried by
the following vote:
Aye: 6 - Caprioglio, Arias, Soria, Chavez, Bredefeld and Esparza
4-C ID19-11139
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City Council Meeting Minutes - Final August 15, 2019
***RESOLUTION - In support of the County’s sale of the former University
Medical Center (UMC) site for development of affordable housing
(Subject to Mayor’s veto)
Councilmember Chavez recused himself from the item and left the
chambers.
The above item was introduced to Council by Councilmember Esparza,
District 7.
Upon call, there was no public comment or Council discussion.
RESOLUTION 2019-164 ADOPTED
On motion of Councilmember Esparza, seconded by Vice President
Arias, that the above Action Item be adopted. The motion carried by
the following vote:
Aye: 5 - Caprioglio, Arias, Soria, Bredefeld and Esparza
Recused: 1 - Chavez
City Council recessed for lunch at 12:06 P.M. and returned from lunch at 1:30 P.M.
5. CLOSED SESSION
City Council recessed into Closed Session at 1:30 P.M. and returned from
Closed Session at 2:46 P.M.
There was no announcements after Closed Session.
5-A ID19-11086 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION -
Government Code Section 54956.9, subdivision (d)(1)
1. Robert Mesel, et al. v. City of Fresno, et al.; Fresno Superior Court
Case No.: 17CECG02064 (Transportation Department).
DISCUSSED
5-B ID19-11087 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION -
Government Code Section 54956.9, subdivision (d)(1)
1. Isiah Murrietta-Golding, et al. v. City of Fresno, et al.; United States
District Court Case No.: 1:18-cv-00314 (Police Department).
DISCUSSED
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City Council Meeting Minutes - Final August 15, 2019
5-C ID19-11097 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,
Unit 1 Local 39 (Local 39)
2. City of Fresno Professional Employees Association, Unit 13
(CFPEA)
3. City of Fresno Management Employees Association, Unit 14
(CFMEA)
4. Operating Engineers, Local Union No. 3, Fresno Airport Public
Safety Supervisors, Unit 15 (FAPSS)
DISCUSSED
5-D ID19-11127 CONFERENCE WITH LEGAL COUNSEL - PUBLIC SECURITY -
Government Code Section
54957(a): Discuss security of City Hall
DISCUSSED
5-E ID19-11142
CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Government
Code Section 54956.8
Property: 4736 N. Blythe
Negotiating Parties: City Manager Wilma Quan, Oceanside Investment
Group, LLC.
DISCUSSED
1:45 P.M.
ID19-11141 WORKSHOP - Developing the Region’s Inclusive and Vibrant Economy
(DRIVE) Initiative
The above workshop was presented to Council by CEO Ashely Swearengin
and Board Chair Alan PIerrot with Central Valley Community Foundation,
Executive Director Laneesha Senegal with Helping Others Pursue
Excellence and Marek Gootman with Brookings Institute.
PRESENTED
City Council went back into Closed Session at 3:36 P.M. and returned from
Closed Session at 4:14 P.M.
City of Fresno ***Subject to Mayoral Veto Page 19
City Council Meeting Minutes - Final August 15, 2019
There was no announcements after Closed Session.
ADJOURNMENT
City Council adjourned at 4:15 P.M.
City of Fresno ***Subject to Mayoral Veto Page 20
Agenda
City of Fresno
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
Meeting Agenda - Final
Thursday, August 15, 2019
9:00 AM
Regular Meeting
Council Chambers
City Council
City Council Meeting Agenda - Final August 15, 2019
The Fresno City Council welcomes you to City Council Chambers, located in City
Hall, 2nd Floor, 2600 Fresno Street, Fresno, California 93721.
The City of Fresno’s goal is to comply with the Americans with Disabilities Act (ADA)
in all respects. The meeting room is physically accessible. If, as an attendee or
participant at the meeting, you need additional accommodations such as
interpreters, signers, assistive listening devices, or the services of a translator,
please contact the Office of the City Clerk at (559) 621-7650 or clerk@fresno.gov. To
ensure availability, you are advised to make your request at least 48 hours prior to
the meeting. The agenda and related staff reports are available at www.fresno.gov,
as well as in the Office of the City Clerk.
The Council meeting can be viewed live on Comcast Channel 96 and AT&T Channel
99 from 9:00 a.m. and is re-played beginning at 8:00 p.m.. The meeting can also be
viewed online at https://fresno.legistar.com.
PROCESS: For each matter considered by the Council there will first be a staff
presentation followed by a presentation from the involved individuals, if present.
Testimony from those in attendance will then be taken. All testimony will be limited to
three minutes per person. If you would like to speak fill out a Speaker Request Form
available from the City Clerk’s Office and in the Council Chambers. The three lights
on the podium next to the microphone will indicate the amount of time remaining for
the speaker.
The green light on the podium will be turned on when the speaker begins. The yellow
light will come on with one minute remaining. The speaker should be completing the
testimony by the time the red light comes on and tones sound, indicating that time
has expired. A countdown of time remaining to speak is also displayed on the large
screen behind the Council dais.
No documents shall be accepted for Council review unless they are submitted to the
City Clerk at least 24 hours prior to the Council Agenda item being heard.
Following is a general schedule of items for Council consideration and action. The
City Council may consider and act on an agenda item in any order it deems
appropriate. Actual timed items may be heard later but not before the time set on
agenda. Persons interested in an item listed on the agenda are advised to be present
throughout the meeting to ensure their presence when the item is called.
AGENDA ITEMS MARKED WITH AN ASTERISK (***) ARE SUBJECT TO MAYORAL
VETO OR RECONSIDERATION
City of Fresno ***Subject to Mayoral Veto Page 2
City Council Meeting Agenda - Final August 15, 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 August 15, 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 August 15, 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 August 15, 2019
9:06 A.M. ROLL CALL
Invocation by Pastor Scott Gossenberger from New Covenant Community Church
Pledge of Allegiance to the Flag
APPROVE AGENDA
APPROVE MINUTES
ID19-11088 Approval of minutes for July 25, 2019.
Sponsors: City Clerk's Office
CEREMONIAL PRESENTATIONS
ID19-11140 Presentation of a Certificate of Recognition to “District 1
Intern Pawan Brar”
Sponsors: Councilmember Soria
ID19-1999 Proclamation of “Breastfeeding Awareness Month”
Sponsors: Council President Caprioglio and Councilmember Soria
ID19-11031 Proclamation of “Leo Zavala Day”
Sponsors: Councilmember Soria
ID19-11124 Proclamation of “Ralph Tobar Rodriguez Day with American
Legion 509”
Sponsors: Councilmember Esparza
COUNCILMEMBER REPORTS AND COMMENTS
1. CONSENT CALENDAR
All Consent Calendar items are considered to be routine and will be treated as one
agenda item. The Consent Calendar will be enacted by one motion. Public
comment on the Consent Calendar is limited to three (3) minutes per speaker.
There will be no separate discussion of these items unless requested by a
Councilmember, in which event the item will be removed from the Consent
Calendar and will be considered as time allows.
1-A ID19-11006 Award a three year Services Contract for Janitorial Services
City of Fresno ***Subject to Mayoral Veto Page 6
City Council Meeting Agenda - Final August 15, 2019
at City of Fresno’s Regional Wastewater Reclamation Facility
(RWRF) to Geil Enterprises, Inc., in the amount not to exceed
$141,222 per year, with provision for up to two one-year
extensions (Bid File 9470) (Citywide)
Sponsors: Department of Public Utilities
1-B ID19-11067 Actions related to revising the City’s Fats Oils and Grease
(FOG) Program requirements for sewage and water disposal
and related Fresno Municipal Code (FMC) sections:
1. Adopt findings of Categorical Exemption pursuant to
sections 15307/Class7 and 15308 Class/8 of the California
Environmental Quality Act (CEQA) Guidelines
2. ***BILL - (For introduction) - Amending Fresno Municipal
Code sections 6-302, 6-320, 6-321.1, 6-323, 6-327, 6-335,
and 6-336 (All Council Districts)(Subject to Mayor’s Veto)
Sponsors: Department of Public Utilities
1-C ID19-11076 RESOLUTION - To authorize submittal of applications to The
Recycling Partnership for payment programs and related
authorizations (Citywide)
Sponsors: Department of Public Utilities
1-D ID19-11077 BILL - (for Introduction) - Granting a non-exclusive roll-off
franchise for roll-off collection within the City of Fresno to HD
Matthews Demolition & Excavation, in preparation for a public
hearing on the matter and final vote to approve the
Non-Exclusive Roll-Off Franchise on September 19, 2019
(Citywide)
Sponsors: Department of Public Utilities
1-E ID19-11083 Approve the Second Amendment to the professional
consultant agreement with Stantec Architecture, Inc., to
provide design and engineering services, plan check, and
any construction administration for the replacement of HVAC
equipment for the Department of Transportation
Administration Building as a stand-alone construction project
in the amount of $56,077.00 and authorize the Director of
Transportation or designee to execute all related documents
Sponsors: Department of Transportation
City of Fresno ***Subject to Mayoral Veto Page 7
City Council Meeting Agenda - Final August 15, 2019
1-F ID19-11085 Approve the award of a purchase contract to Fresno Truck
Center of Fresno, California, for the purchase of two
Freightliner M2 106 cab and chassis trucks in the amount of
$187,551 (Bid File 3670)
Sponsors: Department of Transportation
1-G ID19-11068 RESOLUTION - Of Intention to annex Final Tract Map No.
5587 as Annexation No. 100 to the City of Fresno Community
Facilities District No. 11 and to Authorize the Levy of Special
Taxes; and setting the public hearing for September 19, 2019
at 10:05 a.m. (northwest corner of West McKinley and North
Brawley Avenues) (Council District 3)
Sponsors: Public Works Department
1-H ID19-11070 RESOLUTION - Of Intention to Annex the territory known as
Assessor’s Parcel Number 330-021-03 as Annexation No. 40
to the City of Fresno Community Facilities District No. 9 and
to Authorize the Levy of Special Taxes; and setting the public
hearing for September 19, 2019 at 10:05 a.m. (R-P East
Investments Development) (east side of South East Avenue
north of East Central Avenue) (Council District 3)
Sponsors: Public Works Department
1-I ID19-11079 Approve an agreement for Professional Engineering Services
with Kittelson & Associates, Inc., for $199,905 for the
Systemic Safety Analysis Report Program to evaluate the
roadway networks within the City of Fresno (Citywide)
Sponsors: Public Works Department
1-J ID19-11081 RESOLUTION - Of Intention to annex Final Tract Map No.
6214 as Annexation No. 103 to the City of Fresno Community
Facilities District No. 11 and to Authorize the Levy of Special
Taxes; and setting the public hearing for September 19, 2019
at 10:05 a.m. (property surrounded by East Clinton, North
Armstrong, East McKinley, and North Fowler Avenues)
(Council District 4)
Sponsors: Public Works Department
City of Fresno ***Subject to Mayoral Veto Page 8
City Council Meeting Agenda - Final August 15, 2019
1-K ID19-11071 Approve a 10-year agreement with Cen Cal Business
Finance Group, Inc. (Cen Cal) to administer the Revolving
Loan Fund (RLF) Program
Sponsors: Mayor's Office
1-L ID19-11072 Approve the 2019 Administrative Plan for the City of Fresno’s
Revolving Loan Fund Program
Sponsors: Mayor's Office
1-M ID19-11075 ***BILL NO. B-18 - (Intro. 7/25/2019) (For adoption) -
Amending Sections 1-302, 1-305(d), 7-910(b), 10-704(b),
10-1602(a), 10-1609, and 11-304(c) of the Fresno Municipal
Code related to code enforcement. (Subject to Mayor’s
veto)
Sponsors: City Attorney's Office
1-N ID19-1923 Approve a requirements contract to Sequoia Western, in an
amount not to exceed $350,000 for weed and public nuisance
abatement services.
Sponsors: City Attorney's Office and Code Enforcement Division
1-O ID19-11123 Approve the reappointment of Susan Smith to the Bicycle and
Pedestrian Advisory Committee
Sponsors: Councilmember Esparza
1-P ID19-11136 Approve the appointments of Dillon Savory and Ryan Kenny
to the District 1 Project Review Committee
Sponsors: Councilmember Soria
1-Q ID19-11129 Consider approval for a Council override vote of Resolution
No. 2019-155 vetoed by Mayor Brand on August 5, 2019
(Council action to override Mayoral veto requires 5 affirmative
votes)
1. RESOLUTION NO. 2019-155 - Amending the
Transparency in City Government Act to Prohibit Retroactive
Raises and Raises After an Employee Has Given Notice
Sponsors: Councilmember Bredefeld and Vice President Arias
City of Fresno ***Subject to Mayoral Veto Page 9
City Council Meeting Agenda - Final August 15, 2019
2. SCHEDULED COUNCIL HEARINGS AND MATTERS
10:00 A.M.
ID19-11078 HEARING - To vacate Elgin Avenue and North James Street
between Golden State Boulevard and State Route 99
(Council District 2)
1. ***RESOLUTION - Ordering the vacation of Elgin Avenue
and North James Street between Golden State Boulevard
and State Route 99 (Subject to Mayor’s Veto)
Sponsors: Public Works Department
10:10 A.M.
ID19-1970 TEFRA HEARING - To hear and consider information
concerning the proposed issuance of Multifamily Housing
Revenue Bonds by California Statewide Communities
Development Authority for the purpose of financing or
refinancing the acquisition, rehabilitation, improvement and
equipping of Pleasant Village Apartments
1. ***RESOLUTION - Approving the issuance by the
California Statewide Communities Development Authority of
Multifamily Housing Revenue Bonds, in an aggregate
principal amount not to exceed $15 million for the purpose of
financing or refinancing the acquisition, rehabilitation,
improvement and equipping of Pleasant Village Apartments
and certain other matters relating thereto (Subject to Mayor’s
veto).
Sponsors: Finance Department
10:20 A.M. SCHEDULED COMMUNICATION
ID19-11059 Appearance by Daniel Lorente to discuss the desecration of
his younger brother, USMC Cpl. Farrell Gilliam’s burial site at
Mountain View Cemetery. (Speaker resides in District 1)
(Cemetery located in District 3)
ID19-11094 Appearance by Marylou Padilla to discuss the elimination of
the violence in video games (Speaker resides in District 2)
City of Fresno ***Subject to Mayoral Veto Page 10
City Council Meeting Agenda - Final August 15, 2019
10:30 A.M.#1
ID19-11046 CONTINUED HEARING to consider Plan Amendment and
Rezone Application No. P18-03582, Conditional Use Permit
Application No. P18-03583 and Environmental Impact Report
(EIR) State Clearinghouse (SCH) No. 2018111043 as part of
a City-initiated Plan Amendment and Rezone pursuant to
Fresno Municipal Code (FMC) Section 15-5803: (Council
District 3)
1. RESOLUTION - Certifying Final EIR SCH No.
2018111043 for the Relocation of the Darling Rendering
Plant; and,
a. ADOPT Findings of Fact as required by Public Resources
Code Section 21082(a) and CEQA Guidelines, Section
15091; and,
b. APPROVE a Mitigation Monitoring and Reporting Program
as required by Public Resources Code Section 21081.6 and
CEQA Guidelines Section 15092; and,
c. ADOPT the Statement of Overriding Considerations as
required by Public Resources Code, Section 21081(b) and
CEQA Guidelines, Section 15093.
2. RESOLUTION - Approving Plan Amendment Application
No. P18-03582 proposing to amend the Fresno General Plan
from the Public Facilities planned land use designation to the
Heavy Industrial planned land use designation
3. BILL (for introduction and adoption) - Rezone Application
No. P18-03582 proposing to amend the Official Zone Map to
reclassify the subject property from the PI/UGM (Public and
Institutional/Urban Growth Management) zone district to the
IH (Heavy Industrial) zone district
4. APPROVE Conditional Use Permit Application No. P18-
03583 proposing the construction of a new rendering facility
on a vacant 40 acre portion of land located approximately
1200 feet south and 1800 feet west of the intersection of
South Cornelia and West Jensen Avenues, subject to the
Conditions of Approval dated August 7, 2019.
5. BILL (for introduction) - Approving the Disposition
Agreement and Development Agreement between the City of
Fresno and Darling Ingredients Inc., pertaining to relocation
City of Fresno ***Subject to Mayoral Veto Page 11
City Council Meeting Agenda - Final August 15, 2019
and the transfer and development of real property to the
southwest of the intersection of Jensen and Cornelia
Avenues
Sponsors: Planning and Development Department
10:30 A.M.#2 JOINT MEETING OF THE FRESNO REVITALIZATION
CORPORATION AND CITY OF FRESNO IN ITS CAPACITY AS
HOUSING SUCCESSOR TO THE REDEVELOPMENT AGENCY
ID19-11117 Consider a 2nd Amendment to the Disposition and
Development Agreement between the City of Fresno, the City
of Fresno in its capacity as Housing Successor to the former
Redevelopment Agency and Noyan Frazier Capital LP.
Sponsors: Successor Agency to the Redevelopment Agency of the City
of Fresno
10:35 A.M.
ID19-11066 (CONTINUE TO SEPTEMBER 19, 2019 AT 10:15 A.M.)
HEARING pertaining to Fresno County Airport Land Use
Compatibility Plan:
1. ADOPT a finding that it can be seen with certainty that
there is no possibility that this project will have a significant
effect on the environment pursuant to the common sense
exemption set forth in CEQA Guidelines Section 15061(b)(3)
2. RESOLUTION - Finding of Consistency between the City
of Fresno’s Land Use Plans and Regulations and the
December 2018 Fresno County Airport Land Use
Compatibility Plan
3. BILL - (For introduction) - Approving Text Amendment
Application No. P19-01036 amending sections 15-104-B-4;
15-5206; 15-5306; 15-5506-D; 15-5811-A; 15-5905-A; 15-
6006-A; and 15-6104-B of the Fresno Municipal Code (FMC),
which gives the December 2018 Fresno County Airport Land
Use Compatibility Plan priority over all other local land use
plans and regulations in the event of a conflict
Sponsors: Planning and Development Department
City of Fresno ***Subject to Mayoral Veto Page 12
City Council Meeting Agenda - Final August 15, 2019
10:45 A.M.
ID19-11045 HEARING to consider Development Permit Application No.
P19-00141, and related Environmental Assessment filed by
Robert Vermeltfoort of Vermeltfoort Architects, Inc., on behalf
of Herndon Fir Partners LLC, for a development permit
located on the south side of East Fir Avenue between North
Whitney and North Dearing Avenues (Council District 6)
1. ADOPT - Environmental Assessment No. P19-00141
dated July 17, 2019, a determination that the proposed
project is exempt from the California Environmental Quality
Act (CEQA) through a Class 32 Categorical Exemption.
2. APPROVE - Development Permit Application No. P19-
00141, a proposal to construct four (4) shell buildings totaling
36,325 square feet on a ±3.11-acre vacant site zoned O
(Office), subject to compliance with the Conditions of
Approval dated July 17, 2019.
Sponsors: Planning and Development Department
1:30 P.M. CONTESTED CONSENT CALENDAR
1:45 P.M.
ID19-11141 WORKSHOP - Developing the Region’s Inclusive and Vibrant
Economy (DRIVE) Initiative
Sponsors: Vice President Arias and Councilmember Esparza
3. GENERAL ADMINISTRATION
3-A ID19-11004 Approve Contract Change Order No. 2 to the construction
contract with Garney Construction for the Recycled Water
Transmission Main, Southwest Quadrant, Project SW1B, to
increase the total construction contract amount by
$1,293,710 and add 303 days in the contract time (Bid File
3413) (Council District 3 and Fresno County)
Sponsors: Department of Public Utilities
3-B ID19-11005 Approve Contract Change Order No. 9 to the construction
contract with Garney Construction, for the Kings River
Pipeline Project, to increase the total construction contract
City of Fresno ***Subject to Mayoral Veto Page 13
City Council Meeting Agenda - Final August 15, 2019
amount by $2,207,730 and add 156 days in the contract time
(Council District 5 and Fresno County)
Sponsors: Department of Public Utilities
3-C ID19-11073 Actions pertaining to the comprehensive administration of the
United States Department of Housing and Urban
Development (HUD) programs
1. Approve a First Amendment to the Consulting Services
Agreement with Michael Baker International in the amount not
to exceed $226,000 for ongoing consultant services through
June 30, 2020; and
2. Approve Second Amendment to Consulting Services
Agreement with Usona Development, LLC in the amount not
to exceed $609,020 for ongoing consultant services through
June 30, 2020;
3. Authorize the Planning and Development Department
Director, or designee, to sign the amendments on behalf of
the City of Fresno.
Sponsors: Planning and Development Department
4. CITY COUNCIL
4-A ID19-1965 Council Boards and Commissions Communications, Reports,
Assignments and/or Appointments, Reappointments,
Removals to/from City and non-City Boards and
Commissions:
1. Association for the Beautification of Highway 99 -
Soria, Arias
2. Budget Sub-Committee - Soria, Chavez, Caprioglio
3. Cannabis Ad Hoc Committee - Soria, Caprioglio, Arias
4. Council of Governments - Mayor Brand-Ex-Officio
(Caprioglio)
5. CDBG Sub-committee - (Pertaining to Housing and
addressing the allocation of Funds) - Caprioglio, Soria, Arias
6. Code Enforcement Sub-Committee - Bredefeld,
Caprioglio, Soria
7. Economic Development Corporation Serving Fresno
County - Caprioglio-Ex-Officio, City Manager Wilma Quan
and (Chavez - Alternate)
8. Enterprise and Construction Management Oversight
City of Fresno ***Subject to Mayoral Veto Page 14
City Council Meeting Agenda - Final August 15, 2019
Board - Chavez, Bredefeld-Alternate
9. Finance and Audit Committee - Bredefeld, Esparza-
Chair, Vacant
10. Fresno Area Workforce Investment Corporation - Soria
11. Fresno County Transportation Authority (FCTA) -
Mayor Brand-Ex-Officio, (Caprioglio - Alternate)
12. Fresno Regional Workforce Development Board - Soria
13. Fresno County Zoo Authority - Mayor Brand-Ex-Officio,
(Arias-Alternate)
14. Fresno Madera Area Agency on Aging Board - Chavez
15. Homeless (HEAP Funding Plan) Sub-Committee -
Chavez-Chair, Bredefeld, Arias
16. Joint Powers Financing Authority - Mayor Brand, Soria,
Caprioglio
17. League of California Cities (Annual Meeting) - Soria,
(Caprioglio - Alternates)
18. Litigation Exposure Reduction Ad Hoc Committee -
Arias, Soria, Caprioglio-Chair
19. Lobbyist Committee- Soria, Arias and Esparza
20. North Kings Groundwater Sustainability Agency (GSA)
Joint Powers Authority - Mayor Brand (Michael Carbajal, Tim
Orman - Alternates)
21. Parks & Public Safety Subcommittee - Arias, Soria,
Chavez
22. San Joaquin River Conservancy Board - Mayor
Brand-Ex-Officio, (Bredefeld-Alternate)
23. San Joaquin Valley Special City Selection Committee -
Primary Representative-Arias, Alternate
Representative-Vacant
24. School Liaison Sub-Committee - Esparza-Chair,
Chavez, Arias
25. Sub- Committee on Transportation - Arias, Caprioglio,
Soria
26. Upper Kings Basin Integrated Regional Water
Management JPA - Vacant (Brock Buche and Chavez -
Alternates)
Sponsors: Council President Caprioglio
City of Fresno ***Subject to Mayoral Veto Page 15
City Council Meeting Agenda - Final August 15, 2019
4-B ID19-11074 BILL - (For introduction) - Adding Section 4-203 to the Fresno
Municipal Code concerning the disposition of real property.
Sponsors: Vice President Arias and Councilmember Esparza
4-C ID19-11139 ***RESOLUTION - In support of the County’s sale of the
former University Medical Center (UMC) site for development
of affordable housing (Subject to Mayor’s veto)
Sponsors: Councilmember Esparza
5. CLOSED SESSION
5-A ID19-11086 CONFERENCE WITH LEGAL COUNSEL-EXISTING
LITIGATION - Government Code Section 54956.9,
subdivision (d)(1)
1. Robert Mesel, et al. v. City of Fresno, et al.; Fresno
Superior Court Case No.: 17CECG02064 (Transportation
Department).
Sponsors: City Attorney's Office
5-B ID19-11087 CONFERENCE WITH LEGAL COUNSEL-EXISTING
LITIGATION - Government Code Section 54956.9,
subdivision (d)(1)
1. Isiah Murrietta-Golding, et al. v. City of Fresno, et al.;
United States District Court Case No.: 1:18-cv-00314 (Police
Department).
Sponsors: City Attorney's Office
5-C ID19-11097 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, Unit 1 Local 39 (Local 39)
2. City of Fresno Professional Employees Association, Unit
13 (CFPEA)
3. City of Fresno Management Employees Association, Unit
14 (CFMEA)
4. Operating Engineers, Local Union No. 3, Fresno Airport
Public Safety Supervisors, Unit 15 (FAPSS)
Sponsors: Personnel Services Department
City of Fresno ***Subject to Mayoral Veto Page 16
City Council Meeting Agenda - Final August 15, 2019
5-D ID19-11127 CONFERENCE WITH LEGAL COUNSEL - PUBLIC
SECURITY - Government Code Section
54957(a): Discuss security of City Hall
Sponsors: City Manager's Office
5-E ID19-11142 CONFERENCE WITH REAL PROPERTY NEGOTIATOR -
Government Code Section 54956.8
Property: 4736 N. Blythe
Negotiating Parties: City Manager Wilma Quan, Oceanside
Investment Group, LLC.
Sponsors: City Manager's Office
PLEASE NOTE: UNSCHEDULED COMMUNICATION IS NOT SCHEDULED FOR A
SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING
UNSCHEDULED COMMUNICATION
Members of the public may address the Council regarding items that are not listed
on the agenda and within the subject matter jurisdiction of the Council. Each
person is limited to a three (3) minute presentation. Anyone wishing to be placed
on an agenda for a specified topic should contact the City Clerk’s Office at least
ten (10) days prior to the desired date. Council action on unscheduled items, if
any, shall be limited to referring the item to staff for a report and possible
scheduling on a future Council agenda.
ADJOURNMENT
UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS
August 22, 2019
10:00 AM #1- 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. 104 (Final Tract Map No. 6211) (west side of North Millbrook
Avenue, south of East Nees Avenue ) (Council District 6)
August 22, 2019
10:00 AM #2- 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)
City of Fresno ***Subject to Mayoral Veto Page 17
City Council Meeting Agenda - Final August 15, 2019
August 22, 2019
10:10 A.M. - HEARING re: Plan Amendment Application No. P19-01470; Rezone
Application No. P19-01470; Planned Development Application No. P19-01259;
Tentative Tract map No. 6249 (P19-01469); and related Environmental
Assessment No. P19-01469 for approximately 24.03 acres of property located on
the south side of East Copper Avenue, between North Chestnut and North Willow
Avenues. (Council District 6)
September 19, 2019
10:00 A.M. - HEARING re: vacation of a portion of Divisadero Street between
North Blackstone Avenue and North Abby Street (Council District 7).
September 19, 2019
10:05 AM #1 - 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. 103 (Final Tract Map No. 6214X) (property surrounded by East
Clinton, North Armstrong, East McKinley, and North Fowler Avenues) (Council
District 4)
Septemer 19, 2019
10:05 AM #2 - HEARING to adopt resolutions and ordinance to annex territory and
levy a special tax regarding City of Fresno Community Facilities District No. 9,
Annexation No. 40 (R-P East Development Assessor’s Parcel Number 330-021-03)
(east side of South East Avenue north of East Central Avenue) (Council District 3)
September 19, 2019
10:05 A.M. #3 - 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. 100 (Final Tract Map No. 5587) (northwest corner of West
McKinley and North Brawley Avenues) (Council District 3)
September 19, 2019
10:15 A.M. - CONTINUED HEARING pertaining to Fresno County Airport Land
Use Compatibility Plan:
September 19, 2019
10:30 A.M.#1 - WORKSHOP - Pertaining to the Program Year 2018 Consolidated
City of Fresno ***Subject to Mayoral Veto Page 18
City Council Meeting Agenda - Final August 15, 2019
Annual Performance and Evaluation Report (CAPER):
September 19, 2019
10:30 A.M.#2 - Actions pertaining to the Program Year 2018 Consolidated Annual
Performance and Evaluation Report (CAPER):
1. HEARING to obtain public comments regarding the CAPER; and
2. Accept Program Year 2018 CAPER and authorize submission to the U.S.
Department of Housing and Urban Development (HUD).
September 19, 2018
10:40 A.M. - HEARING regarding Copper River/Nexus Fee Update
September 19, 2019
11:00 A.M - WORKSHOP - “FAX Connect”: Microtransit Pilot Program
October 10, 2019
10:00 A.M. - HEARING - For the proposed public street vacation for a portion of
North Colonial Avenue and a portion of West San Jose Avenue
UPCOMING EMPLOYEE CEREMONIES
October 23, 2019 (Wednesday) – 2:00 P.M. - Employee of the Fall Quarter
November 20, 2019 (Wednesday) –2:00 P.M. - Employee Service Awards
2019 CITY COUNCIL MEETING SCHEDULE
AUGUST 22 - 9:00 A.M. MEETING
AUGUST 29 - NO MEETING
SEPTEMBER 5 - NO MEETING
SEPTEMBER 12 - NO MEETING
SEPTEMBER 19 - 9:00 A.M. MEETING
SEPTEMBER 26 - 9:00 A.M. MEETING
City of Fresno ***Subject to Mayoral Veto Page 19
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