City Council

City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Meeting Minutes - Final Thursday, September 19, 2019 9:00 AM Regular Meeting Council Chambers City Council President - Paul Caprioglio Vice President - Miguel Angel Arias Councilmembers: Esmeralda Z. Soria, Mike Karbassi, 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 September 19, 2019 The City Council met in regular session in the Council Chambers, City Hall on the date and time written above. 9:02 A.M. ROLL CALL Councilmember Bredefeld and Councilmember Karbassi were absent during roll call. Councilmember Bredefeld joined the meeting at 9:03 A.M. and Councilmember Karbassi joined the meeting at 9:06 A.M. Present: 7 - President Paul Caprioglio Vice President Miguel Angel Arias Councilmember Esmeralda Z. Soria Councilmember Mike Karbassi Councilmember Luis Chavez Councilmember Garry Bredefeld Councilmember Nelson Esparza Invocation by Reverend Henry Oputa of The Way Christian Fellowship Pledge of Allegiance to the Flag APPROVE AGENDA City Clerk Spence announced the following changes to the agenda: File ID 19-11284 - Approval of the corrected minutes for August 15, 2019 , Item 10:30 #2- Second Amendment to the Disposition and Development Agreement, the vote should read 4-1, File ID 19-11210 - Approval of minutes for August 22, 2019, additional language was added to item 1-N on pages 15 and 16, File ID 19-11258 - Appearance by Michael Razavi - speaker requested to be removed from the agenda, File ID 11162 (4-A) - Council Boards and Commissions Communications, Reports, Assignments and/or Appointments, Reappointments, Removals to/from City and non-City Boards and Commission; No. 11 the word alternate should be removed, Mayor Brand and Councilmember Caprioglio are the two members, No. 26 Brock Buche replaced Michael Carbajal, File ID 19-11286 (4-B) - Resolution joining the Multi-City/County Amicus Brief in Support of Plaintiffs/Respondents in the Deferred Action for Childhood Arrivals (DACA) cases currently before the United States Supreme Court has been moved to 2:00 P.M. and Councilmember Esparza and Councilmember Soria were City of Fresno ***Subject to Mayoral Veto Page 2 City Council Meeting Minutes - Final September 19, 2019 added as sponsors to the item. The City Clerk handed Council a late submission to the item and File ID 19-11237 (10:05 #3) - Hearing to adopt resolutions and ordinances to annex territory and levy a special tax regarding Fresno Community Facilities District No. 11, Annexation No. 100 (Final Track Map No. 5587) (northwest corner of West McKinley and North Brawley Avenues) was removed from the agenda by staff and continued to September 26, 2019 at 10:05 A.M. On motion of Councilmember Bredefeld, seconded by Vice President Arias, the above item was adopted as amended. The motion carried by the following vote: Aye: 7 - Caprioglio, Arias, Soria, Karbassi, Chavez, Bredefeld and Esparza APPROVE MINUTES On motion of Vice President Arias, seconded by Councilmember Esparza, the below items were adopted as amended. The motion carried by the following vote: Aye: 7 - Caprioglio, Arias, Soria, Karbassi, Chavez, Bredefeld and Esparza ID19-11284 Approval of the corrected minutes for August 15, 2019 ID19-11210 Approval of Minutes for August 22, 2019. Additional language was added to Item 1-N on pages 15 and 16. CEREMONIAL PRESENTATIONS The below ceremonial presentations were presented. ID19-11173 Proclamation of “National Preparedness Month” ID19-11184 Proclamation of “Hispanic Heritage Month” ID19-11189 Proclamation of “REEL Pride Film Festival Week” ID19-11222 Proclamation of “Jeremy “Elvis” Pearce Day”. COUNCILMEMBER REPORTS AND COMMENTS Councilmember Esparza thanked the East Fresno Kiwanis Club for inviting City of Fresno ***Subject to Mayoral Veto Page 3 City Council Meeting Minutes - Final September 19, 2019 him to speak at their monthly luncheon. He thanked the group of 18 volunteers and the PARCs Department for assisting in the cleanup of Romain Park. He also announced he held three (3) District 7 town hall meetings last week. Councilmember Karbassi attended the event honoring Peter Robertson at Fresno State on Wednesday, September 18, 2019. He recognized Susan Bredefeld, District 6 and his mother in the audience and thanked his mother for being there. Councilmember Soria attended the first meeting of the Homelessness Regional Council on September 6, 2019 in the City of Modesto. She stated the next meeting will be Friday, September 27, 2019 in Los Angeles and the meetings are open to the public. She announced "Save the Date" Fall Festival in District 1 at Inspiration Park, October 19, 2019 from 4-8 PM. Council Vice President Arias thanked the PARCs, Planning and Permitting Department for starting the BMX construction in his district and he asked the City Manager's Office for a update regarding gun violence. Council President Caprioglio attended the 20th Welcome Home Honor Flight and stated the next one will be in April 2020. He announced District 4 hosted their first "Smoothie with Cops" at Jamba Juice and thanked the Northeast Police District team. He thanked his colleagues for attending the 6th Annual Premier Cultural Day and thanked AT&T for awarding the Aspired Grant to Fresno State. Council President Caprioglio congratulated Dr. Castro for being ranked as the top University for having the lowest student debt and he mentioned the Red Wave Fresno State game will be Saturday, September 21, 2019. 1. CONSENT CALENDAR On motion of Councilmember Chavez, seconded by Vice President Arias, the below CONSENT CALENDAR items were approved. The motion carried by the following vote: Aye: 7 - Caprioglio, Arias, Soria, Karbassi, Chavez, Bredefeld and Esparza 1-A ID19-11228 Actions pertaining to amending the Trapeze Agreement: City of Fresno ***Subject to Mayoral Veto Page 4 City Council Meeting Minutes - Final September 19, 2019 1. Approve the 5th Amendment in the amount of $17,440 for the OPS Sign-In Terminal software license 2. Approve the 6th Amendment in the amount of $49,000 for the OPS Sign-In Terminal software maintenance 1-B ID19-11211 Reject all bids for the Shaw Avenue Traffic Signal Priority Intersection Installation Equipment Project and direct staff to rebid the project (Bid File 3665) 1-C ID19-11215 Actions related to approval of a Memorandum of Understanding between the City of Fresno Department of Transportation and Fresno City College for a Measure C New Technology grant awarded for the Fresno City College West Fresno Satellite Campus Advanced Propulsion Systems Training Campus Project: 1. Adopt a finding of Class 22 Categorical Exemption pursuant to CEQA Guidelines section 15322 2. Approve a Memorandum of Understanding between the City of Fresno Department of Transportation and Fresno City College for a Measure C New Technology grant awarded for the Fresno City College West Fresno Satellite Campus Advanced Propulsion Systems Training Campus Project The above item PASSED 5-0 with Councilmember Soria and Councilmember Esparza recusing themselves. 1-D ID19-11216 Approve the Second Amendment to the Agreement with Genfare SPX in the amount of $116,603.79 for the purchase of two ticket vending machines as spares for the Bus Rapid Transit corridor The above item was pulled from Consent Calendar by Councilmember Bredefeld and moved to Contested Consent for further discussion. 1-E ID19-11192 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 pulled from Consent Calendar by Councilmember Soria and moved to Contested Consent for further discussion. 1-F ID19-11193 Approve the 2019 Administrative Plan for the City of Fresno’s Revolving Loan Fund Program The above item was pulled from Consent Calendar by Councilmember Soria and moved to Contested Consent for further discussion. 1-G ID19-11263 Approve the appointment of Dawn Lang to the Disability Advisory Commission City of Fresno ***Subject to Mayoral Veto Page 5 City Council Meeting Minutes - Final September 19, 2019 Councilmember Soria asked the Administration if the applicant resides in the City of Fresno. City Clerk Spence responded that the applicant does not reside in the City of Fresno, but lives in Clovis. Councilmember Soria suggested that the applicants to the Boards and Commissions be City of Fresno residents. The above item was removed from the agenda by staff. 1-H ID19-11209 Approve the appointments of Kevin Wray and Sammy Franco to the District 6 Project Review Committee. The above item PASSED 5-1-1. Council Vice President Arias voted no and Councilmember Soria abstained. 1-I ID19-11301 Approve the appointment of Gene Richards to the Bicycle and Pedestrian Advisory Committee. 1-J ID19-11229 Actions related to the First Amendment to the Lease Agreement between the City of Fresno and United Parcel Service, Inc., at Fresno Yosemite International Airport: 1. Adopt a finding of Class 1 Categorical Exemption pursuant to CEQA Guidelines section 15301. 2. Approve First Amendment to the existing Lease Agreement between the City of Fresno and United Parcel Service, Inc., an Ohio Corporation, at Fresno Yosemite International Airport. (Council District 4). 1-K ID19-11230 Actions related to the Second Amendment to the Lease Agreement between the City of Fresno and Enterprise Rent-A-Car at Fresno Yosemite International Airport: 1. Adopt a finding of Class 1 Categorical Exemption pursuant to CEQA Guidelines Section 15301. 2. Approve Second Amendment to the existing Service Facility Lease Agreement between the City of Fresno and Enterprise Rent-A-Car, a Delaware Limited Liability Company, to update billing responsibilities for the term of the agreement. (Council District 4) 1-L ID19-11231 Actions related to the Second Amendment to the Airport Lease Agreement with Frank Ruiz: 1. Adopt a finding of Categorical Exemption pursuant to Section 15301/Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines. 2. Approve the Second Amendment to the Airport Lease City of Fresno ***Subject to Mayoral Veto Page 6 City Council Meeting Minutes - Final September 19, 2019 Agreement between the City of Fresno and Frank X. Ruiz Avionics, at Fresno Chandler Executive Airport. (Council District 3) 1-M ID19-11250 RESOLUTION - Authorizing application for, and receipt of, the SB2 Planning Grants Program Application to the California Department of Housing and Community Development in the amount of $625,000 and Authorizing the Execution of the SB2 Planning Grants Program Application, the PGP Grant Documents, and any amendments thereto by the Planning & Development Director or designee (Subject to Mayor’s Veto) RESOLUTION 2019-177 ADOPTED 1-N ID19-11080 Approve an agreement between Quad Knopf Inc., dba QK of Clovis, CA in the amount of $62,600 plus a contingency of $6,300 for the design and preparation of construction documents for the Fink-White Park Splash Pad Project (Council District 3) 1-O ID19-11235 RESOLUTION - Of Intention to Annex Assessor’s Parcel Number 404-071-48 as Annexation No. 41 to the City of Fresno Community Facilities District No. 9 and to Authorize the Levy of Special Taxes; and setting the public hearing for October 24, 2019, at 10:00 am (north side of East Alluvial Avenue between North Chestnut and Maple Avenues) (Council District 6) RESOLUTION 2019-178 ADOPTED 1-P ID19-11281 ***RESOLUTION - Delegating Authority to the City Attorney to Enter Code Enforcement Contracts of $50,000 or Less (Subject to Mayor’s veto) RESOLUTION 2019-179 ADOPTED 1-Q ID19-11285 RESOLUTION - To authorize submittal of application(s) for CalRecycle grants related to code enforcement, and authorize the City Attorney to sign on behalf of the City RESOLUTION 2019-180 ADOPTED 1-R ID19-11306 Approve an Amendment to a Consultant Services Agreement with Kosmont and Associates, Inc., for professional feasibility evaluation services for Tax Increment Financing, Enhanced Infrastructure Financing District, and Community Revitalization and Investment Authority formation (Citywide) The above item was pulled from Consent Calendar by Councilmember Esparza and moved to Contested Consent for further discussion. City of Fresno ***Subject to Mayoral Veto Page 7 City Council Meeting Minutes - Final September 19, 2019 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, Jaime Loza and Yonas Paulos. 3. GENERAL ADMINISTRATION 3-A ID19-11165 Authorize the City Manager or her designee, and the Chief of Police or his designee, to enter into a two-year agreement with the 21st District Agricultural Association for $696,762.10 to provide police services at the Fresno District Fair. The above item was introduced to Council by Chief Hall, Fresno Police Department. Upon call, there was no public comment. There was discussion about additional officers at the fair this year, if the officers policing the exterior of the fair were being paid throucht overtime and why the Sheriff's department is not involved. Chief Hall 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: 7 - Caprioglio, Arias, Soria, Karbassi, Chavez, Bredefeld and Esparza 3-B ID19-11221 Actions pertaining to the 2020 Selective Traffic Enforcement Program (STEP) grant: 1. Authorize the Chief of Police to accept $700,000 in grant funding for the 2020 STEP grant awarded to the Fresno Police Department from the National Highway Traffic Safety Administration (NHTSA) through the California Office of Traffic Safety (OTS) 2. ***RESOLUTION - Adopt the 5th Amendment to the Annual Appropriation Resolution (AAR) No. 2019-133 appropriating $525,000 for the Police Department’s STEP grant (Requires 5 affirmative votes) (Subject to Mayor’s veto). City of Fresno ***Subject to Mayoral Veto Page 8 City Council Meeting Minutes - Final September 19, 2019 The above item was introduced to Council by Chief Hall, Fresno Police Department. Upon call, there was no public comment. Council Vice President Arias asked staff to explain how a DUI checkpoint location is considered. He requested a memo of the last two years of the locations of the DUI checkpoints Chief Hall responded. RESOLUTION 2019-181 ADOPTED On motion of Councilmember Chavez, seconded by President Caprioglio, that the above Action Item be adopted. The motion carried by the following vote: Aye: 7 - Caprioglio, Arias, Soria, Karbassi, Chavez, Bredefeld and Esparza 2. SCHEDULED COUNCIL HEARINGS AND MATTERS 10:00 A.M. ID19-11253 HEARING - To vacate a portion of East Divisadero Avenue between North Blackstone Avenue and North Abby Street (Council District 7) 1. ***RESOLUTION - Ordering the vacation a portion of East Divisadero Avenue between North Blackstone Avenue and North Abby Street (Subject to Mayor’s Veto) The hearing was called to order at 10:08 A.M. The above item was introduced to Council by Chief Surveyor Camit, Public Works Department. Upon call, there was no public comment and no Council discussion. RESOLUTION 2019-182 ADOPTED On motion of Councilmember Esparza, seconded by Councilmember Chavez, that the above Action Item be adopted. The motion carried by the following vote: Aye: 7 - Caprioglio, Arias, Soria, Karbassi, Chavez, Bredefeld and Esparza City of Fresno ***Subject to Mayoral Veto Page 9 City Council Meeting Minutes - Final September 19, 2019 10:05 A.M.#1 ID19-11247 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. 6214) (property surrounded by East Clinton, North Armstrong, East McKinley, and North Fowler Avenues) (Council District 4) 1. ***RESOLUTION - to Annex Territory to Community Facilities District No. 11 and Authorizing the Levy of a Special Tax for Annexation No. 103 (Subject to Mayor’s Veto) 2. ***RESOLUTION - Calling Special Mailed-Ballot Election (Subject to Mayor’s Veto) 3. ***RESOLUTION - Declaring Election Results (Subject to Mayor’s Veto) 4. ***BILL - (For introduction and adoption) - Levying a Special Tax for the Property Tax Year 2019-2020 and Future Tax Years Within and Relating to Community Facilities District No. 11, Annexation No. 103 (Subject to Mayor’s Veto) The hearing was called to order at 10:09 A.M. The above item was introduced to Council by Director Mozier, Public Works Department. Upon call, there was no public comment and no Council discussion. RESOLUTION 2019-183 ADOPTED RESOLUTION 2019-184 ADOPTED RESOLUTION 2019-185 ADOPTED BILL 28 AND ORDINANCE 2019-027 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: 7 - Caprioglio, Arias, Soria, Karbassi, Chavez, Bredefeld and Esparza 10:05 A.M.#2 City of Fresno ***Subject to Mayoral Veto Page 10 City Council Meeting Minutes - Final September 19, 2019 ID19-11236 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) 1. ***RESOLUTION - Annexing Territory to Community Facilities District No. 9 and Authorizing the Levy of a Special Tax (Subject to Mayor’s Veto) 2. ***RESOLUTION - Calling Special Mailed-Ballot Election (Subject to Mayor’s Veto) 3. ***RESOLUTION - Declaring Election Results (Subject to Mayor’s Veto) 4. ***BILL - (For introduction and adoption) - Levying a Special Tax for the Property Tax Year 2019-2020 and Future Tax Years Within and Relating to Community Facilities District No. 9, Annexation No. 40 (Subject to Mayor’s Veto) The item was called to order at 10:11 A.M. The above item was introduced to Council by Director Mozier, Public Works Department. Upon call, there was no public comment. Council Vice President Arias asked staff to explain the item before Council and what it does for the general public. He asked for the description of the project being developed. Director Mozier responded. RESOLUTION 2019-186 ADOPTED RESOLUTION 2019-187 ADOPTED RESOLUTION 2019-188 ADOPTED BILL 29 AND ORDINANCE 2019-028 ADOPTED On motion of Vice President Arias, seconded by Councilmember Soria, that the above Action Item be adopted. The motion carried by the following vote: Aye: 7 - Caprioglio, Arias, Soria, Karbassi, Chavez, Bredefeld and Esparza City of Fresno ***Subject to Mayoral Veto Page 11 City Council Meeting Minutes - Final September 19, 2019 10:05 A.M.#3 ID19-11237 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) 1. ***RESOLUTION - to Annex Territory to Community Facilities District No. 11 and Authorizing the Levy of a Special Tax for Annexation No. 100 (Subject to Mayor’s Veto) 2. ***RESOLUTION - Calling Special Mailed-Ballot Election (Subject to Mayor’s Veto) 3. ***RESOLUTION - Declaring Election Results (Subject to Mayor’s Veto) 4. ***BILL - (For introduction and adoption) - Levying a Special Tax for the Property Tax Year 2018-2019 and Future Tax Years Within and Relating to Community Facilities District No. 11, Annexation No. 100 (Subject to Mayor’s Veto) The above item was removed from the agenda and continued to September 26, 2019 at 10:05 A.M. 10:10 A.M. ID19-11144 HEARING to approve items related to the granting of a Non-Exclusive Franchise for Roll-Off Collection Services 1. ***BILL NO. B-21 - (Intro. 8/15/2019) (For adoption) - Granting a non-exclusive roll-off franchise for roll-off collection within the City of Fresno to HD Matthews Demolition & Excavation (Citywide) (Subject to Mayor’s veto) The item was called to order at 10:14 A.M. The above item was introduced to Council by Assistant Director Schuber Public Utilities Department. Upon call, there was no public comment. Council Vice President Arias asked City Attorney Sloan if he can explain why there needs to be a public hearing process to add one vendor. City Attorney Sloan responded. City of Fresno ***Subject to Mayoral Veto Page 12 City Council Meeting Minutes - Final September 19, 2019 ORDINANCE 2019-029 ADOPTED On motion of Vice President Arias, seconded by Councilmember Soria, that the above Ordinance be adopted. The motion carried by the following vote: Aye: 7 - Caprioglio, Arias, Soria, Karbassi, Chavez, Bredefeld and Esparza 10:15 A.M. ID19-11203 CONTINUED 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 item was called to order at 10:15 A.M. The above item was introduced to Council by Assistant Director Zack, Planning and Development Department. Upon call, there was no public comment. Councilmember Esparza asked if Planning and Development Department has been in compliance and adjusting to the projects accordingly. Assistant Director Zack responded. Council Vice President Arias expressed his frustrations with the Airport Land Use Commission. He stated they made a significant overreach when they adopted the plan that would require the City of Fresno to rezone half the parcels which has caused a major impact in District 3. City of Fresno ***Subject to Mayoral Veto Page 13 City Council Meeting Minutes - Final September 19, 2019 RESOLUTION 2019-189 ADOPTED BILL 30 INTRODUCED AND LAID OVER On motion of President Caprioglio, seconded by Councilmember Chavez, that the above Action Item be adopted. The motion carried by the following vote: Aye: 7 - Caprioglio, Arias, Soria, Karbassi, Chavez, Bredefeld and Esparza GENERAL ADMINISTRATION (CONTINUED) 3-C ID19-11225 Actions pertaining to the purchase of RC Cationic Polymer for the Regional Wastewater Reclamation Facility (RWRF): 1. Reject all proposals for the Product Requirements Contract: RC Cationic Polymer (Bid File 9465) 2. Approve a two-year cooperative purchase requirements contract in the amount of $1,830,000 per year, with SNF Polydyne, Inc., not to exceed $3,660,000 (Bid File 9465) (Citywide) The above item was introduced to Council by Director Carbajal, Department of Public Utilities. Upon call, there was no public comment and Council discussion. 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: 7 - Caprioglio, Arias, Soria, Karbassi, Chavez, Bredefeld and Esparza 3-D ID19-11218 Actions related to award of a service contract with Trapeze Software Group, Inc., of Cedar Rapids, Iowa, in the amount of $651,433: 1. Affirm the City Manager’s determination that Trapeze Software Group, Inc., is uniquely qualified to perform maintenance services for the Department of Transportation’s computer-aided dispatch automatic vehicle locator (CAD/AVL) system. 2. Affirm the City Manager’s determination that Trapeze Software Group, Inc. is uniquely capable as defined by the Federal Transit Administration for sole source non-competitive procurements, to perform maintenance City of Fresno ***Subject to Mayoral Veto Page 14 City Council Meeting Minutes - Final September 19, 2019 services for the Department of Transportation’s computer-aided dispatch automatic vehicle locator (CAD/AVL) system. 3. Award a three-year maintenance service agreement Trapeze Software Group, Inc., of Cedar Rapids, Iowa, in the amount of $651,43, with two one-year options. The above item was introduced to by Director Barfield, Transportation Department. Upon call, there was no public comment and no Council discussion. 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: 7 - Caprioglio, Arias, Soria, Karbassi, Chavez, Bredefeld and Esparza 3-E ID19-11233 Actions pertaining to entering into four funding agreements totaling $1,223,079 with the Fresno County Transportation Authority for 2018/19 Cycle VII Measure “C” Transit Oriented Development Infrastructure for In-fill Program (Districts 1, 3, 5, and 7) 1. Approve four Funding Agreements with the Fresno County Transportation Authority for 2018/19 Cycle VII Measure “C” Transit Oriented Development Infrastructure for In-fill Projects for $1,223,079 for the Kings Canyon Transit Oriented Development Connectivity Plan, the Transit Oriented Tower, the Fancher Creek Trail, and the Merced Street Reconnection 2. ***RESOLUTION - 3rd Amendment to the Annual Appropriations Resolution No. 2019-133 appropriating $583,200 for three funding agreements (Requires 5 affirmative votes) (Subject to Mayor’s veto) The above item was introduced to Council by Assistant Director Morrison, Public Works Department. Upon call, there was no public comment. Councilmember Soria asked what the timeline was for the projects specifically in the Tower District project and how long will the project take. Assistant Director Morrison replied. Council Vice President Arias asked staff to describe each project. Assistant City of Fresno ***Subject to Mayoral Veto Page 15 City Council Meeting Minutes - Final September 19, 2019 Director Morrison responded. RESOLUTION 2019-190 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: 7 - Caprioglio, Arias, Soria, Karbassi, Chavez, Bredefeld and Esparza 3-F ID19-11234 BILL - (For introduction) - Amending the uncodified ordinance to adopt changes and additions to the official list of designated special speed zones for various streets within the City of Fresno pursuant to Section 14-1501 of the Fresno Municipal Code (Citywide) The above item was introduced to Council by Licensed Engineer Gormley, Public Works Department. Upon call, there was no public comment. Councilmember Soria asked staff what areas were lowered and how they decided on the area to lower the speed limit. She asked if signs have been posted and she spoke regarding her concerns with the speeders in school zones. She asked if speed limits have been reduced around schools and the surrounding areas and requested there be more enforcement. Licensed Engineer Gormely responded. Councilmember Karbassi asked if any areas have been increased and spoke regarding his concerns with Browning from Marks to Van Ness with speeders taking the residential streets to avoid traffic. He requested future reports submitted to Council identify changes by district. Licensed Engineer Gormely responded. Council Vice President Arias asked staff what is the process for communicating to the public that speed limits have been reduced at any given street. He requested the department to update the community through social media when speed limits are reduced. Licensed Engineer Gormely and Chief Hall responded. City of Fresno ***Subject to Mayoral Veto Page 16 City Council Meeting Minutes - Final September 19, 2019 Councilmember Esparza spoke regarding his town hall meeting and the residents’ concerns regarding speeding in his district. He asked staff about other methods to control speeds. Licensed Engineer Gormely replied. On motion of Councilmember Karbassi, seconded by Councilmember Chavez, that the above Action Item be continued to September 26, 2019. The motion carried by the following vote: Aye: 7 - Caprioglio, Arias, Soria, Karbassi, Chavez, Bredefeld and Esparza 10:35 A.M. - SCHEDULED COMMUNICATION ID19-11258 Appearance by Michael Razavi to discuss sending wasted food to food banks and animal shelters (Speaker resides in District 1) The above item was removed from the agenda by the requested speaker. ID19-11259 Appearance by Mary Padilla to discuss peace and gun control (Speaker resides in District 2) APPEARED ID19-11275 Appearance by Jason Sisk to discuss the closure of the IRS Submission Processing Site and free parking at 700 “P” Street building under construction (Speaker resides in the County) APPEARED 10:45 A.M. ID19-11238 HEARING to consider Development Permit Application No. P19-02013 and related Environmental Assessment No. P19-02013 filed by Brian Wright of Orchards II, LLC. This application pertains to approximately 3.73 acres located at the northeast corner of North Dante and West Bullard Avenues. (Council District 2) 1. ADOPT Environmental Assessment for P19-02013, a determination the proposed project is exempt from the California Environmental Quality Act (CEQA) through a Class 32 Categorical Exemption dated May 31, 2019. 2. ADOPT findings pursuant to Government Code Section 65863(b) (2) that there is substantial evidence in the record that remaining sites identified in the Housing Element can accommodate the City of Fresno’s share of the Regional Housing Needs Assessment (RHNA). 3. APPROVE Development Permit Application No. P19-02013 requesting authorization to construct a 64-unit multi-family City of Fresno ***Subject to Mayoral Veto Page 17 City Council Meeting Minutes - Final September 19, 2019 development in a RM-2/UGM/cz (Residential Multi-Family - Urban Neighborhood/Urban Growth Management/conditions of zoning) zone district, on the subject property. The item was called to order at 10:49 A.M. The above item was introduced to Council by Planner III Aanonson, Planning and Development Department. Upon call, there was no public comment. Council Vice President Arias asked staff to describe a brief description of the item before Council. Planner III Aanonson responded. Councilmember Karbassi thanked staff and the residents of Northwest Fresno for their support of the project. APPROVED On motion of Councilmember Karbassi, seconded by Councilmember Soria, that the above Action Item be approved. The motion carried by the following vote: Aye: 7 - Caprioglio, Arias, Soria, Karbassi, Chavez, Bredefeld and Esparza 10:30 A.M. ID19-11116 Actions pertaining to the Program Year (PY) 2018 Consolidated Annual Performance and Evaluation Report (CAPER): 1. WORKSHOP - pertaining to the PY 2018 CAPER; 2. HEARING to obtain public comments regarding the PY 2018 CAPER; and 3. Adopt PY 2018 CAPER and authorize submission to the U.S. Department of Housing and Urban Development (HUD). The item was called to order at 10:52 A.M. The above item was introduced to Council by Director Clark, Project Manager Castaneda, Project Manager Corrina Nunez, Housing and Community Development Consultants Haigh, Robinson and Vybiral, Planning and Development Department. City of Fresno ***Subject to Mayoral Veto Page 18 City Council Meeting Minutes - Final September 19, 2019 Councilmember Soria asked about the 83 pending applications and if the Department expects to have the 83 completed at some point. She asked about the 40 program fiscal year and if all the money was spent and if not how much was the carryover. She asked if it is normal to have carryover and if there needs to be more staffing. She asked if the City is meeting the timeline to spend the funding in terms of what the City of Fresno is responsible for. Project Manager Castaneda responded. Council Vice President Arias asked when the recommendation for the agreements for projects will be brought before Council. He asked why most of the affordable housing projects takes place in the Southern parts of the City and if providers look at the City as a whole. Project Manager Nunez responded. Council Vice President Arias asked staff why we are under performing with persons with AIDS and HIV and only serving 17 out of the 36 individuals. He asked if the full 36 individuals will be served at some point. He asked why the organizations do not maintain their own facilities and to include that in their operations budget that they submit for programing. Housing and Community Development Consultant Haigh and Director Clark responded. Council President Caprioglio complimented the Stone Soup project. Council Vice President Arias asked staff what is preventing the City of Fresno from putting solar panels on our community park centers. Director Clark responded. City Manager Quan stated there will be a workshop at the next meeting regarding energy efficiency. Councilmember Soria stated she has received a couple complaints on the quality of the senior hot meals and asked if the service is providing healthy options for the seniors and after school programs. Director Clark and Assistant City Manager Schaad responded. She recommended to survey those who are being served. She asked staff to update the Council on other CDCs in the City of Fresno. Council Vice President Arias spoke regarding the value of the partnership with the Fair Housing Council. He would like to revisit this in the next round. Director Clark responded. City of Fresno ***Subject to Mayoral Veto Page 19 City Council Meeting Minutes - Final September 19, 2019 Upon call, the following member of the public addressed Council: Yanos Paulos. Councilmember Chavez was absent from the above item. APPROVED On motion of Councilmember Bredefeld, seconded by President Caprioglio, that the above Action Item be approved. The motion carried by the following vote: Aye: 6 - Caprioglio, Arias, Soria, Karbassi, Bredefeld and Esparza Absent: 1 - Chavez 11:00 A.M. ID19-11148 BILL - (For Introduction) Adding Section 7-1249 to the Fresno Municipal Code relating to short-term rentals. The above item as introduced to Council by Councilmember Bredefeld, District 6. Councilmember Bredefeld moitoned to approve the item as presented. Council President Caprioglio seconded the motion. Council President Caprioglio thanked Roselyn Clark, Captain Castro, Lieutenant Hughes, Sergeant Akinson and the Northeast policing district for dealing with the above issue. Council President Caprioglio stated this is not about a tax it is about accountability. Council President Caprioglio amended the motion that each policing district and Council districts shall be notified of applications that are approved through the Finance Department. Councilmember Bredefeld seconded the amendment. Upon call, the following members of the public addressed Council: Roselyn Clark and Susan Clark. City Manager Quan suggested the item be tabled until the first meeting in City of Fresno ***Subject to Mayoral Veto Page 20 City Council Meeting Minutes - Final September 19, 2019 October so the Administration can work through the business license and planning permit process. She suggested the item be tied to the business license process. Councilmember Bredefeld responded and requested City Attorney Sloan address the process issue. Director Clark responded. City Attorney Sloan stated the item is not a land use permit, it is only an operational business type permit. Councilmember Esparza thanked the sponsors for bringing the item forward for discussion. He expressed his concerns with reducing Airbnbs and requested the following amendments be included in the motion. He would like one simple streamline permitting process that is electronic if possible; a fee study to be sure there isn't an over charge and to not exceed $60.00. Upon submission, he would like to see the provisional status as the application is being considered. He would like Transient Occupancy Tax (TOT) that is collected to go towards Code Enforcement and the applicant should provide consent to be notified by mail and some type of digital form. Councilmember Chavez stated he has had some issues with Airbnbs in his district. He asked how many units are operating in the City of Fresno. Councilmember Chavez asked how is the enforcement going to be paid and will it be a standard fee. Councilmember Bredefeld and City Attorney Sloan responded. He asked about the description of the property be reviewed and taken into consideration with the item. Councilmember Karbassi stated his district is more concerned about party houses than Airbnbs. He expressed his concerns with requiring Airbnbs to inform all residents within 500 feet, causing additional problems where there may not be. He stated he does not feel they should go through the business license process but does agree with having them be permitted. He also stated he does not agree with if you lose your license for that property and that site, you lose any and all other properties. He asked if there was a warning system. Councilmember Karbassi requested the motion to include the following amendments: page 2, (d) (1) remove “Obtains and maintains at all times a city business license, and is current on business license tax owed”; page 4 (8) add “and electronic mail”; (8) (e) remove “Notice of permit application, City of Fresno ***Subject to Mayoral Veto Page 21 City Council Meeting Minutes - Final September 19, 2019 The City’s Planning and Development Department shall provide notice of a short-term permit application by First Class Mail delivery to all property owners of record within a 500 foot radius” and on page 5 (3) remove language “or any other location owned by the same applicant.” Councilmember Bredefeld and Council President Caprioglio agreed to the amendment. Council Vice President Arias asked Chief Hall what precludes the Police Department from shutting down a party house. He asked if the Police Department has the authority to shut down party houses and Airbnbs. Chief Hall responded. City Manager Quan requested the reference be changed from permit to license and tie it to Business license tax. Councilmember Karbassi responded. City Council recessed for lunch at 12:12 P.M. and return from lunch at 1:30 P.M. City Council went into Closed Session at 1:30 P.M. and returned from Closed Session at 1:52 P.M. Councilmember Soria addressed her concerns and would like the local chambers to add their input at the next meeting. She suggested the guidelines should be similar to the rentals. She requested a redline version be provided to Council with all the amendments before a final vote at the next meeting. Councilmember Esparza requested the following amendments be included in the motion: Permit Applicants will be provided a provisional status to operate a short-term rental once they have tiled a permit application with the City, and that status shall expire upon the City’s issuance or denial of the application. He requested the permit application be as concise as possible. He stated he would like all the Transient Occupancy Tax (TOT) collected, be designated for code enforcement matters related to short-term rentals. He would like the first violation to be a written warning and shall be provided to the permit holder. For all subsequent violations, the short-term City of Fresno ***Subject to Mayoral Veto Page 22 City Council Meeting Minutes - Final September 19, 2019 rental permit holder may be subject to revocation. A violation may result in a suspension of up to 12 months and if a permit that is suspended or revoked it is eligible to submit a renewal application for that location after the required time period expired. Councilmember Bredefeld stated the fee will be based off the cost of staff time. He asked about the levels of personal/private information being protected by the City of Fresno. City Attorney Sloan responded. Councilmember Bredefeld and Council President Caprioglio agreed to the amendments. Council Vice President Arias asked staff how many Airbnbs in the City and how many of those have been an issue for the City of Fresno. He asked if the Ordinance contains fines and suggested a fine system to be included in the Ordinance to cover the cost of Code Enforcement. City Attorney Sloan and Councilmember Bredefeld responded. BILL 32 APPROVED AS AMENDED AND INTRODUCED AND LAID OVER On motion of Councilmember Bredefeld, seconded by President Caprioglio, that the above Action Item be approved as amended. The motion carried by the following vote: Aye: 7 - Caprioglio, Arias, Soria, Karbassi, Chavez, Bredefeld and Esparza 5. CLOSED SESSION City Council recessed into Closed Session at 1:30 P.M. and returned from Closed Session at 1:52 P.M. There was no announcements after Closed Session. 5-B ID19-11214 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION - Government Code Section 54956.9, subdivision (d)(1) 1. City of Fresno v. Shell Oil Company, et al.; San Bernardino County Superior Court Case No.: SCVSS120627 (Public Utilities Department). DISCUSSED 1:30 P.M. - CONTESTED CONSENT CALENDAR 1-D ID19-11216 Approve the Second Amendment to the Agreement with Genfare SPX in City of Fresno ***Subject to Mayoral Veto Page 23 City Council Meeting Minutes - Final September 19, 2019 the amount of $116,603.79 for the purchase of two ticket vending machines as spares for the Bus Rapid Transit corridor The above item was introduced to Council by Director Barfield, Transportation Department. Councilmember Bredefeld asked staff how the machine was damaged, how it took place and how much each machine costs. Councilmember Bredefeld asked staff how BRT was doing overall. Director Barfield responded.. Councilmember Chavez stated he has had a couple of complaints from riders on Kings Canyon about the machines not working properly. He asked what has been the overall success rate and how many machines are operational and working properly. He asked what is the success rate for those who use BRT and pay the fees. Director Barfield responded. Council Vice President Arias asked staff what their thoughts were on the current vendor and/or if there should be consideration for a new vendor. He asked if the current vendor is making the adjustments and improving customer service. Director Barfield 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: 7 - Caprioglio, Arias, Soria, Karbassi, Chavez, Bredefeld and Esparza 1-R ID19-11306 Approve an Amendment to a Consultant Services Agreement with Kosmont and Associates, Inc., for professional feasibility evaluation services for Tax Increment Financing, Enhanced Infrastructure Financing District, and Community Revitalization and Investment Authority formation (Citywide) The above item was introduced to Council by Councilmember Esparza, District 7. Councilmember Karbassi left the meeting at 2:22 P.M. APPROVED City of Fresno ***Subject to Mayoral Veto Page 24 City Council Meeting Minutes - Final September 19, 2019 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: 6 - Caprioglio, Arias, Soria, Chavez, Bredefeld and Esparza Absent: 1 - Karbassi 1-E ID19-11192 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 introduced to Council by Economic Development Analyst Trevino, Mayor's Office. Councilmember Karbassi returned to the meeting at 2:24 P.M. Councilmember Soria addressed her concerns with approving a 10-year contract and only receiving one interested party. She stated she reached out to Access Plus Capital and asked staff if there is a reason why they are only receiving one interested bidder. She asked if it’s the way the Request for Proposal (RFP) is crafted and perhaps weeds out other individuals. She asked staff what other groups were reached out to and has there been any correspondence with the local small businesses. Councilmember Soria stated she would like to see more outreach to small businesses. Economic Development Analyst Trevino and Assistant City Manager Schaad responded. Councilmember Soria motioned to approve the contract for 5 years instead of 10 and come back with a broader outreach. Council Vice President Arias seconded the motion. Councilmember Karbassi asked staff if Cen Cal Business has performed well in the past and stated in the future District 1 and District 2 will be holding workshops on the general procurement process. He asked if the item was postponed what would be the side effects and if at any point can the contract be cancelled. Economic Development Analyst Trevino responded. Council Vice President Arias expressed his concerns with approving a 10-year contact and supports the amendment to the motion. City of Fresno ***Subject to Mayoral Veto Page 25 City Council Meeting Minutes - Final September 19, 2019 Councilmember Karbassi expressed his concerns with City of Fresno's perception of not being business friendly. He stated that Cen Cal Business has done their part and there is no reason to change its practice. APPROVED AS AMENDED On motion of Councilmember Soria, seconded by Vice President Arias, that the above Action Item be approved as amended . The motion carried by the following vote: Aye: 5 - Caprioglio, Arias, Soria, Chavez and Esparza No: 2 - Karbassi and Bredefeld 1-F ID19-11193 Approve the 2019 Administrative Plan for the City of Fresno’s Revolving Loan Fund Program The above item was discussed and approved with File ID 19-11192 (1-E). APPROVED AS AMENDED On motion of Councilmember Soria, seconded by Vice President Arias, that the above Action Item be approved as amended. The motion carried by the following vote: Aye: 5 - Caprioglio, Arias, Soria, Chavez and Esparza No: 2 - Karbassi and Bredefeld GENERAL ADMINISTRATION (CONTINUED) 3-G ID19-11298 Approve City of Fresno Tax Rebate Agreement with Darling Ingredients, Inc. The above item was introduced to Council by Assistant City Attorney Avedisian-Favini, City Attorney's Office. Councilmember Soria left the meeting at 2:36 P.M. Upon call, there was no public comment. Councilmember Bredefeld asked staff to address the property tax rebate for 30 years. Assistant City Attorney Avedisian-Favini responded. City of Fresno ***Subject to Mayoral Veto Page 26 City Council Meeting Minutes - Final September 19, 2019 APPROVED On motion of Vice President Arias, seconded by Councilmember Karbassi, that the above Action Item be approved. The motion carried by the following vote: Aye: 6 - Caprioglio, Arias, Karbassi, Chavez, Bredefeld and Esparza Absent: 1 - Soria 4. CITY COUNCIL 4-A ID19-11162 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, Karbassi 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 - Esparza- Chair, Bredefeld- Vice Chair, Arias 10. Fresno Area Workforce Investment Corporation - Soria 11. Fresno County Transportation Authority (FCTA) - Mayor Brand-Ex-Officio, Caprioglio 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 - Esparza 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) - Caprioglio, (Soria and Chavez - Alternates) 18. Litigation Exposure Reduction Ad Hoc Committee - Arias, Soria, Caprioglio-Chair City of Fresno ***Subject to Mayoral Veto Page 27 City Council Meeting Minutes - Final September 19, 2019 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, Esparza 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) The above item was approved as amended. 1. Association for the Beautification of Highway 99 - Soria, Arias and Councilmember Karbassi was added to the committee. 9. Finance and Audit Committee - Chair Esparza, Vice Chair Bredefeld and Member Arias. 11. Fresno County Transportation Authority (FCTA) - Mayor Brand - Ex-officio and member Caprioglio was added as a member, not an alternate. 14. Fresno Madera Area Agency on Aging Board - Member Chavez appointed Councilmember Esparza to take his place. 21. Parks and Public Safety Subcommittee - Arias, Soria, and Councilmember Espzara replaced Councilmember Chavez. 24. School Liaison Subcommittee - Chair Esparza, Member Chavez and Member Arias. Chair Esparza announced the next School Liaison Meeting will be Monday, September 23, 2019, Council Chambers at 6 P.M. 4-C ID19-11287 BILL - (for introduction) Amending Sections 1-308 and 11-307 of the Fresno Municipal Code relating to Code Enforcement administrative citations and serial violators. The above item was introduced to Council by Council Vice President Arias, District 3. City of Fresno ***Subject to Mayoral Veto Page 28 City Council Meeting Minutes - Final September 19, 2019 Councilmember Chavez left the meeting at 2:44 P.M. Upon call, there was no public comment. Councilmember Bredefeld asked about the tenth citation and fines tied to the citations. BILL 31 INTRODUCED AND LAID OVER On motion of Vice President Arias, seconded by Councilmember Soria, that the above Ordinance be approved. The motion carried by the following vote: Aye: 6 - Caprioglio, Arias, Soria, Karbassi, Bredefeld and Esparza Absent: 1 - Chavez 4-B ID19-11286 RESOLUTION - Joining the Multi-City/County Amicus Brief in Support of Plaintiffs/Respondents in the Deferred Action for Childhood Arrivals (DACA) Cases Currently Before the United States Supreme Court The above item was introduced to Council Vice President Arias, District 3. Councilmember Chavez returned to the meeting at 2:46 P.M. Upon call, the following members of the public addressed Council: Juan Carrillo, Jr. Bernard Reunoso, Margarita Rocha, Juan Carlos Carrillo, Erica Ramos, and David Love. Councilmember Bredefeld asked for clarification on the portion of the resolution that states "DACA recipients make up 27% of all sales, office, and administration workers nationwide." Council Vice President Arias responded that the resolution should read "of the nearly million DACA recipient, 27% work in the industry." and that there is a percentage involved in food preparation and construction jobs. Councilmember Bredefeld spoke regarding his concerns with supporting illegal immigration and stated he support those who follow the law by immigrating here legally. City of Fresno ***Subject to Mayoral Veto Page 29 City Council Meeting Minutes - Final September 19, 2019 Councilmember Chavez spoke regarding the dream center approved in 2013 and stated he supports the item as presented. Councilmember Soria thanked the members of the public who addressed Council and shared their stories. She spoke regarding her support for the item as presented and stated that this impacts the City of Fresno and therefore should be discussed and supported by the Council. Councilmember Karbassi thanked the members of the public for addressing Council. He spoke regarding the vote in 2013 that recognized DACA and stated the issue is a national issue and should not be weighed in on. Instead the Council should focus and prioritize local issues such as homelessness and stated he abstains from the matter. He suggested that each Councilmember go to dacascotus.com and support the matter individually. Councilmember Esparza spoke regarding his support on the item and stated the Council’s voice counts and should support the resolution as presented. Council Vice President Arias stated that if DACA is eliminated, more than 5,000 people will be unemployed which will be a direct and financial impact to the City of Fresno. Council President Caprioglio spoke regarding the 2013 adopted document and stated he wants to stay focus on City issues but does support the item as presented. RESOLUTION 2019-191 ADOPTED AS AMENDED On motion of Vice President Arias, seconded by Councilmember Chavez, that the above Resolution be adopted as amended. The motion carried by the following vote: Aye: 5 - Caprioglio, Arias, Soria, Chavez and Esparza No: 1 - Bredefeld Abstain: 1 - Karbassi CLOSED SESSION (CONTINUED) City of Fresno ***Subject to Mayoral Veto Page 30 City Council Meeting Minutes - Final September 19, 2019 City Council recessed into Closed Session at 3:23 P.M. and returned from Closed Session at 5:00 P.M. There was no announcements after Closed Session. 5-A ID19-11213 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION - Government Code Section 54956.9, subdivision (d)(1) 1. Craig Agabashian, et al. v. City of Fresno, et al. ; Fresno Superior Court Case No.: 17CECG02627 (Planning and Development Department). DISCUSSED 5-C ID19-11239 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION - Government Code Section 54956.9, subdivision (d)(1) 1. Howard Lacy v. City of Fresno, et al.; Fresno Superior Court Case No.: 19CECG03160 DISCUSSED 5-D ID19-11254 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 AND CONTINUED TO OCTOBER 10, 2019 5-E ID19-11296 CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Government Code Section 54956.8 Property: 1911 Merced, APN 466-206-50T, -51T Negotiating Parties: City Manager Wilma Quan, Uptown Investments, LP., Tutelian & Company, Inc. DISCUSSED 5-F ID19-11300 CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Government Code Section 54956.8 Property: 735 H Street Negotiating Parties: City Manager Wilma Quan, Promontory Investments, LLC., Rookspire Incorporated DISCUSSED AND CONTINUED TO OCTOBER 10, 2019 ADJOURNMENT City Council adjourned at 5:00 P.M. City of Fresno ***Subject to Mayoral Veto Page 31 City Council Meeting Minutes - Final September 19, 2019 City of Fresno ***Subject to Mayoral Veto Page 32