City Council

City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Meeting Minutes - Final Thursday, September 26, 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 26, 2019 The City Council met in regular session in the Council Chamber, City Hall on the date and time written above. 9:00 A.M. ROLL CALL 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 Reza Nekumanesh of the Islamic Cultural Center Pledge of Allegiance to the Flag APPROVE AGENDA City Clerk Spence announced the following changes to the agenda: File ID 19-11329 - Approval of Minutes for September 19, 2019 - page 21, 2nd paragraph should read, "not to exceed $60.00" not "$16.00", File ID 19-11224 (1-A) - Approve a second amendment to the consultant services agreement with SDI Presence LLC., in the amount of $10,000 and extending the completion date to May 1, 2020 was removed from the agenda by staff and continued to October 10, 2019 and File ID 19-11319 (1-E) - 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 - 2 minor changes were read into the record: 1. Ordinance page 2 of 14 - the limits for Broadway should read "Cherry to Inyo," rather than "East to Inyo." Also in the staff report the limits for Broadway should read "Cherry to Inyo," rather than "East to Inyo". 2. The narrative lists "Dante from Bulter to Polk" should read "Dante from Bullard to Polk." 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: 7 - Caprioglio, Arias, Soria, Karbassi, Chavez, Bredefeld and Esparza City of Fresno ***Subject to Mayoral Veto Page 2 City Council Meeting Minutes - Final September 26, 2019 APPROVE MINUTES ID19-11329 Approval of Minutes for September 19, 2019 File ID 19-11329 - page 21, 2nd paragraph should read "not to exceed $60.00" not "$16.00." On motion of Councilmember Esparza, seconded by Councilmember Bredefeld, that the above Minutes be adopted as amended. The motion carried by the following vote: Aye: 7 - Caprioglio, Arias, Soria, Karbassi, Chavez, Bredefeld and Esparza CEREMONIAL PRESENTATIONS The below ceremonial presentations were presented. ID19-11091 Proclamation of “Walk to School Month” ID19-11175 Honoring Fresno & Münster Student Ambassadors ID19-11240 Proclamation to “The American Red Cross” COUNCILMEMBER REPORTS AND COMMENTS Councilmember Esparza held a School Liaison Subcommittee meeting in the City Hall Council Chambers on Monday, September 23, 2019. Councilmember Karbassi has joined the Subcommittee replacing Councilmember Chavez. Council President Caprioglio congratulated the Fresno State Bulldogs' on their win and mentioned they will be playing New Mexico State on Saturday, September 28, 2019. He announced several upcoming events in District 4: National Night Out, October 1, 2019 at Wesley United Methodist Church from 4-7 P.M., 2nd Annual Coffee with Cops at McDonald's off Cedar and Shaw, October 2, 2019 from 7-10 A.M. and Neighborhood Picnic at Sierra Madre, October 6, 2019. He attended State of the County, and mentioned "Fuel Your School Program" sponsored by Chevron. Chevron will donate $1.00 for each fill-up and will fund material and supplies for local public schools through donorschoose.org. City of Fresno ***Subject to Mayoral Veto Page 3 City Council Meeting Minutes - Final September 26, 2019 Councilmember Soria announced District 1 Young Councilmember Program is now accepting application for 2020. She encouraged students to apply and stated it is open to local high school students who live or attend schools is District 1. She announced the following events in District 1: Short Film Festival at Tower Theater, October 5, 2019 from 7:30-10:30 P.M., District 1 Fall Festival, October 19, 2019 at Inspiration Park from 4-8 P.M., K9 Carnival and Costume Contest, October 287, 2019 in Tower District and the Day of the Dead event in Tower District Friday, November 1, 2019. Councilmember Karbassi attended the Pinedale History Project Grand Opening off Blackstone. He thanked Public Works Director Mozier and staff for all their hard work on Phase 1 for the Veterans Boulevard Project, which connects Bullard Avenue to Riverside Drive. He mentioned there was a fire off Polk on the rail line and asked City Manager Quan for an update on staffing for adequate fire and emergency response grants. He asked how the process was going and if the Administration was applying for those grants. City Manager Quan responded. Councilmember Karbassi thanked the Administration for helping him with the transition into District 2. Councilmember Chavez thanked the PARCs Department, the County of Fresno and their Department Directors for assisting him in the Carnival event in District 5. Council President Caprioglio gave a shout out to Airports Director Meikle, the airport team, and the marketing team for all that they have done in at the Fresno Airport. He shared a short video with keynote speaker Tyra Banks for the Woman's Conference. In the video, Tyra Banks shared her enthusiasm with Fresno Airport. 1. CONSENT CALENDAR On motion of Councilmember Soria, seconded by Councilmember Chavez, the below CONSENT CALENDAR items were adopted. The motion carried by the following vote: Aye: 7 - Caprioglio, Arias, Soria, Karbassi, Chavez, Bredefeld and Esparza 1-A ID19-11224 Approve a Second Amendment to the Consultant Services Agreement with SDI Presence LLC., in the amount of $10,000 and extending the City of Fresno ***Subject to Mayoral Veto Page 4 City Council Meeting Minutes - Final September 26, 2019 completion date to May 1, 2020 The above item was removed from the agenda by staff and continued to October 10, 2019. 1-B ID19-11232 Approve a Service Agreement with Granicus, Inc., for the 2019-2020 annual subscription renewal for software suites and services in the amount of $80,857.85 1-C ID19-11288 RESOLUTION - Approving the Final Map of Tract No. 5493 and accepting dedicated public uses offered therein except for dedications offered subject to City acceptance of developer installed required improvements - Northeast corner of West Gettysburg Avenue and North Bryan Avenue (Council District 1) RESOLUTION 2019-192 ADOPTED 1-D ID19-11299 Adopt Resolution of Intent Number 1133-D to vacate a portion of North Colonial Avenue and West San Jose Avenue (Council District 2) 1-E ID19-11319 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) City Clerk Spence read into the record 2 minor changes: 1. Ordinance page 2 of 14 - the limits for Broadway should read "Cherry to Inyo," rather than "East to Inyo." Also in the staff report the limits for Broadway should read "Cherry to Inyo," rather than "East to Inyo". 2. The narrative lists "Dante from Bulter to Polk" should read "Dante from Bullard to Polk." BILL 33 APPROVED AS AMENDED, INTRODUCED AND LAID OVER 1-F ID19-11316 Action pertaining to Fresno County Airport Land Use Compatibility Plan: 1. ***BILL NO. B-30 - (Intro. 9/19/2019) (For adoption) - 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 (Subject to Mayor’s veto) ORDINANCE 2019-030 ADOPTED 1-G ID19-11297 Actions pertaining to the Mission Ranch Municipal Well Agreement City of Fresno ***Subject to Mayoral Veto Page 5 City Council Meeting Minutes - Final September 26, 2019 (Council District 3): 1. Adopt findings of Categorical Exemption under California Environmental Quality Act 15061(b)(3) General Rule 2. Approve Municipal Well and Exclusive License Agreements between C & A Farms, LLC, and the City of Fresno for the construction of a municipal public water supply well to serve the Mission Ranch Project Area 3. Waive the requirements of Fresno Municipal Code Section 15-2716 -11 4. Authorize the City Manager, or designee, to execute all documents on behalf of the City of Fresno 1-H ID19-11315 Approve the appointment of Brian Whelan to the Capital Project Oversight Board; and Evelyn Gamble to the Fresno Youth Commission 1-I ID19-11318 ***BILL NO. B-32 - (Intro. 9/19/2019) (For adoption) Adding Section 7-1249 to the Fresno Municipal Code relating to short-term rentals. (Subject to Mayor’s veto) The above item was pulled from Consent Calendar by Councilmember Bredefeld and moved to Contested Consent for further discussion. 1-J ID19-11320 ***BILL NO. B-31- (Intro. 9/19/2019) (For adoption) - Amending Sections 1-308 and 11-307 of the Fresno Municipal Code relating to Code Enforcement administrative citations and serial violators. (Subject to Mayor’s veto) City Attorney Sloan read the following changes into the record: page 3, paragraph (d) should read "different than a violator", page 8, paragraph (2) should read "Any Property Owner who receives at least one citation for each of ten or more of its properties within a twelve month period shall be deemed a Serial Violator." Council Vice President Arias requested the item be brought back to Council on October 10, 2019 for final adoption. 1-K ID19-11326 Approve the appointment of Lourdes Monica Diaz to the Planning Commission Council Vice President Arias requested the item be removed from the agenda and continue to October 10, 2019. There was discussion from the Councilmembers whether the item should remain on the agenda and discussed during Contested Consent or if the City of Fresno ***Subject to Mayoral Veto Page 6 City Council Meeting Minutes - Final September 26, 2019 item should be pulled and continued to the next meeting, October 10, 2019. Councilmember Bredefeld motion to keep the above item on the agenda and move the item to Contested Consent. Councilmember Soria seconded the motion. Motion PASSED 6-1 Councilmember Karbassi voted no. 3. GENERAL ADMINISTRATION 3-A ID19-11280 Award a five-year requirements contract, with two one-year options, to Bridgestone American Tire Operations, LLC, of Nashville, Tennessee, for the leasing of transit radial tires to the Department of Transportation/FAX in the amount of $1,596,904.88 (Bid File No. 9512) The above item was introduced to Council by Director Barfield, Transportation Department. Upon call, there was no public comment. Councilmember Bredefeld asked about the leasing of tires. Director Barfield responded. APPROVED 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: 7 - Caprioglio, Arias, Soria, Karbassi, Chavez, Bredefeld and Esparza 3-B ID19-11292 RESOLUTION - Authorizing Submission of Applications for Grant Funds From the 2019/2020 Congestion Mitigation and Air Quality Improvement Program and the Surface Transportation Block Grant Program Call for Projects from the Fresno Council of Governments and Authorizing the Execution of all Application Related Documents by the Public Works Director, Director of Transportation, or designees (Citywide) 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 2019-193 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: City of Fresno ***Subject to Mayoral Veto Page 7 City Council Meeting Minutes - Final September 26, 2019 Aye: 7 - Caprioglio, Arias, Soria, Karbassi, Chavez, Bredefeld and Esparza 3-C ID19-11290 WORKSHOP - Energy Efficiency and the Path to Sustainability The above Workshop was presented to Council by Sustainability Manager Kloose, Public Works Department. PRESENTED 3-D 19-11292 WORKSHOP - Keep Fresno Beautiful The above Workshop was presented to Council by Communications Director Standriff, Mayor's Office and Director Mozier, Public Works Department. PRESENTED 2. SCHEDULED COUNCIL HEARINGS AND MATTERS 10:00 A.M. ID19-11256 Actions pertaining to the acquisition of an easement and right of way to construct a public sidewalk on East Ashlan Avenue between North Effie Street and State Route 41 (Council District 7) 1. HEARING to consider a resolution of public use and necessity for acquisition of an easement and right of way for public purposes over, under, through and across a portion of the real property located at 1929 East Ashlan Avenue in the City of Fresno (APN: 428-233-18), owned by the Estate of Adalberto Zuniga, for the purpose of constructing a public sidewalk on the north and south side of East Ashlan Avenue between North Effie Street and State Route 41. 2. Adopt a finding of Categorical Exemption Class 1 pursuant to CEQA Guidelines Section 15301 3. ***RESOLUTION - Determining that public interest and necessity require acquisition of an easement and right-of-way for public purposes over, under, through and across a portion of the real property located at 1929 E. Ashlan Avenue in the City of Fresno (APN: 428-233-18), owned by the Estate of Adalberto Zuniga, for the purpose of constructing a public sidewalk on the north and south side of Ashlan Avenue between North Effie Street and State Route 41 and authorizing eminent domain proceedings for public use and purpose (Requires 5 affirmative votes) (Subject to Mayor’s Veto) Councilmember Soria left the meeting at 10:54 A.M. City of Fresno ***Subject to Mayoral Veto Page 8 City Council Meeting Minutes - Final September 26, 2019 The item was called to order at 10:55 A.M. and introduced to Council by Supervising Real Estate Agent Beyelia, Public Works Department. Upon call, there was no public comment and no Council discussion. RESOLUTION 2019-194 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: 6 - Caprioglio, Arias, Karbassi, Chavez, Bredefeld and Esparza Absent: 1 - Soria 10:05 A.M. ID19-11344 CONTINUED 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 item was called to order at 10:56 A.M. and introduced to Council by Assistant Director Benelli, Public Works Department. Upon call, there was no public comment and no Council discussion. RESOLUTION 2019-195 ADOPTED RESOLUTION 2019-196 ADOPTED RESOLUTION 2019-197 ADOPTED BILL 34 AND ORDINANCE 2019-031 ADOPTED City of Fresno ***Subject to Mayoral Veto Page 9 City Council Meeting Minutes - Final September 26, 2019 On motion of Vice President Arias, seconded by President Caprioglio, that the above Action Item be adopted. The motion carried by the following vote: Aye: 6 - Caprioglio, Arias, Karbassi, Chavez, Bredefeld and Esparza Absent: 1 - Soria 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 and Paul Elizowdo. GENERAL ADMINISTRATION (CONTINUED) 3-F ID19-11295 Actions pertaining to the Northeast Surface Water Treatment Facility 4.5-Million Gallon Tank and Improvements Project (Council District 6) (Bid File 3626-2): 1. RESOLUTION - Closing Resolution for execution of a $14,000,000 Drinking Water State Revolving Fund low interest loan 2. ***RESOLUTION - 6th Amendment to the Annual Appropriation Resolution No. 2019-133 in the amount of $3,770,600 to fully fund the construction of the Northeast Surface Water Treatment Facility 4.5-Million Gallon Tank and Improvements Project (Requires 5 affirmative votes) (Subject to Mayor’s veto) 3. Award a construction contract to W.M. Lyles Co., in the amount of $14,063,940 4. Approve a consultant services agreement with Jacobs Engineering Group in the amount of not to exceed $437,800, for Services During Construction 5. Authorize the Director of Public Utilities, or designee, to execute all documents on behalf of the City of Fresno The above item was introduced to Council by Director Carbajal, Public Utilities Department. Upon call, there was no public comment and no Council discussion. RESOLUTION 2019-198 ADOPTED RESOLUTION 2019-199 ADOPTED On motion of Councilmember Bredefeld, seconded by Vice President Arias, that the above Action Item be adopted. The motion carried by City of Fresno ***Subject to Mayoral Veto Page 10 City Council Meeting Minutes - Final September 26, 2019 the following vote: Aye: 6 - Caprioglio, Arias, Karbassi, Chavez, Bredefeld and Esparza Absent: 1 - Soria 3-G ID19-11082 WORKSHOP - Sustainable Groundwater Management Act (SGMA) and North Kings Groundwater Sustainability Plan (NKGSP) Councilmember Soria returned to the meeting at 11:12 A.M. The above Workshop was presented to Council by Director Carbajal, Public Utilities Department. PRESENTED City Council recessed for lunch at 12:05 P.M. and returned from lunch at 1:30 P.M. City Council recessed for Closed Session at 1:30 P.M. and returned from Closed Session at 1:52 P.M. 5. CLOSED SESSION There was no announcements after Closed Session. 5-A ID19-11325 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION - Government Code Section 54956.9, subdivision (d)(1) 1. Pamela Motley, et al. v. Fresno Police Officer Joseph Smith, et al.; United States District Court Case No.: 15 CV-00905 BAM (Police Department). DISCUSSED SCHEDULED COUNCIL HEARINGS AND MATTERS (CONTINUED) 1:30 P.M.#2 ID19-11321 RESOLUTION - Of support, petitioning the California State Legislature to designate State Route 168, beginning at the interchange with State Route 180, to honor and commemorate the legacy of Former City Councilwoman Esther Padilla. The above item was introduced to Council by Councilmember Soria, District 1 and Councilmember Chavez, District 5. Upon call, the following members of the public addressed Council: City of Fresno ***Subject to Mayoral Veto Page 11 City Council Meeting Minutes - Final September 26, 2019 Assemblymember Joaquin Arambula, Gilbert Padilla, Gloria Hernandez, German Amezcua, Jewel Hurtado, Elisa Rivera, Chris Schneider, Humberto Gomez Jr., Lourdes Medina, Barbara Rile, Monica Etheridge, Eddie Verela, JePahl White, Eva Ruiz, Venancis Gaona, Veva Islas, Richardo Franio, Howard Watkins and Stella Jauregui. Councilmembers expressed their support for the above item in honor of Former City Councilwoman Esther Padilla. RESOLUTION 2019-200 ADOPTED On motion of Councilmember Soria, seconded by Councilmember Chavez, that the above Resolution be adopted. The motion carried by the following vote: Aye: 7 - Caprioglio, Arias, Soria, Karbassi, Chavez, Bredefeld and Esparza City Council recessed from 2:48 P.M. and returned at 2:51 P.M. 1:30 P.M.#1 CONTESTED CONSENT CALENDAR 1-I ID19-11318 ***BILL NO. B-32 - (Intro. 9/19/2019) (For adoption) Adding Section 7-1249 to the Fresno Municipal Code relating to short-term rentals. (Subject to Mayor’s veto) The above item was introduced to Council by Councilmember Bredefeld, District 6. City Attorney Sloan announced the following change to the ordinance: paragraph (g) should read "in the event that a short-term rental permit holder violates this Chapter, a written warning shall be provided to the permit holder for the first nuisance violation." Upon call, there was no public comment. ORDINANCE 2019-032 ADOPTED AS AMENDED On motion of Councilmember Bredefeld, seconded by President Caprioglio, that the above Ordinance be adopted as amended. The motion carried by the following vote: City of Fresno ***Subject to Mayoral Veto Page 12 City Council Meeting Minutes - Final September 26, 2019 Aye: 7 - Caprioglio, Arias, Soria, Karbassi, Chavez, Bredefeld and Esparza 1-K ID19-11326 Approve the appointment of Lourdes Monica Diaz to the Planning Commission The above item was introduced to Council by Council Vice President Arias, District 3. Upon call, there was no public comment. There was discussion and concerns regarding representation for each district, the qualifications of the applicants and the vetting process for the commission. APPROVED On motion of Vice President Arias, seconded by President Caprioglio, that the above Appointment be approved. The motion carried by the following vote: Aye: 7 - Caprioglio, Arias, Soria, Karbassi, Chavez, Bredefeld and Esparza GENERAL ADMINISTRATION (CONTINUED) 3-E ID19-11170 Actions pertaining to Shared Mobility Devices: 1. BILL - (For Introduction) - Amending the Fresno Municipal Code Relating to Shared Mobility Devices 2. Authorize the City Manager or designee to sign a six-month pilot Franchise Agreement on behalf of the City of Fresno The above item was introduced to Council by Division Manager Gaffery, Planning and Development Department. Upon call, the following members of the public addressed Council: Katie Stevens and Vidal Medina. Council President Caprioglio motioned to approve as amended paragraph (4), Locations identified where an operator shall use geofencing or similar technology to prevent users from ending a ride, including, without limitation, Fashion Fair Mall and the California State University, Fresno Campus, without express written permission from the property owner to the operator. Councilmember Chavez seconded the motion. City of Fresno ***Subject to Mayoral Veto Page 13 City Council Meeting Minutes - Final September 26, 2019 There was discussion regarding the pilot program, concerns regarding geofencing around certain areas and changes to the ordinance versus the agreements. Council asked questions regarding the process for selecting a vendor and what the advantages and disadvantages would be if one vendor were utilized. Councilmember Soria requested staff to work with Fresno City College on geofencing. She stated Fresno City College would like to work with the vendor to offer designated nest areas on campus. She suggested a robust helmet safety program. Council further discussed issues with riding on the sidewalk, properly locking the scooters and the accountability of the riders. BILL 35 APPROVED AS AMENDED, INTRODUCED AND LAID OVER On motion of President Caprioglio, seconded by Councilmember Chavez, 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 4. CITY COUNCIL There were no City Council items. ADJOURNMENT City Council adjourned at 3:43 P.M. City of Fresno ***Subject to Mayoral Veto Page 14