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City Council

Regular Meeting

Fresno, CA · November 7, 2019

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Minutes

City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Meeting Minutes - Final Thursday, November 7, 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 November 7, 2019 The City Council met in regular session in the Council Chambers, City Hall on the date and time written above. 9:05 A.M. ROLL CALL Councilmember Soria was absent during roll call and joined the meeting at 9:08 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 Bhai Sarbjeet Singh from The Sikh Institute of Fresno Pledge of Allegiance to the Flag APPROVE AGENDA City Clerk Spence announced the following change to the agenda: Proclamation of "National Run Away Month" was added to the agenda by Councilmember Karbassi. Councilmember Esparza requested File ID 19-11545 (4-B) - Resolution amending the Salary Resolution and the Transparency in City Government Act regarding the compensation of the Fire Chief and the Police Chief (The Chief Selection Accountability Act) be removed from the agenda. Council Vice President Arias requested File ID 19-11488 (1-E) - Resolution authorizing the application for funding from the Urban Forestry Grant Program entitled "Urban and Community Forestry Program" as provided through the Greenhouse Gas Reduction Fund and File ID 19-11447 (3-D) - Actions pertaining to the City Hall Municipal Services Center (MSC) energy savings and sustainability capital improvement projects, be removed from the agenda and continued to November 14, 2019. On motion of Councilmember Chavez, seconded by Councilmember Soria,the above Action was approved as amended. The motion carried by the following vote: City of Fresno ***Subject to Mayoral Veto Page 2 City Council Meeting Minutes - Final November 7, 2019 Aye: 7 - Caprioglio, Arias, Soria, Karbassi, Chavez, Bredefeld and Esparza APPROVE MINUTES ID19-11464 Approval of Minutes for October 24, 2019. On motion of President Caprioglio, seconded by Councilmember Chavez, that the above Minutes be approved. 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 and "National Run Away Month" was added by Councilmember Karbassi. ID19-11504 Proclamation of “GURU NANAK’s 550th GURPURB, or BIRTH ANNIVERSARY DAY” ID19-11273 Mid Valley Disposal to Present their “Recycler of the Year” awards to IEH Labs (District 4) and Chukchansi Park (District 3). ID19-11460 Proclamation of “National Veterans Small Business Week” ID19-11523 Proclamation of “North Fresno Lions 70th Anniversary Day” ID19-11404 Proclamation of “Bob Meyers Day” Proclamation of "National Run Away Month" COUNCILMEMBER REPORTS AND COMMENTS Councilmember Karbassi spoke regarding his meeting with the PARCs Director and City Manager's Office regarding the parking situation at Orchid Park. He announced his first Neighborhood meeting will be November 12, 2019 at Forkner Elementary from 5:30-7 P.M. and he stated the Veterans Boulevard is fully funded by the build grant and thanked the staff for all their hard work. Councilmember Soria gave a presentation regarding illegal dumping as it relates to District 1. City of Fresno ***Subject to Mayoral Veto Page 3 City Council Meeting Minutes - Final November 7, 2019 Councilmember Bredefeld announced City Hall's second and third floor is displaying a memorial for veterans. He mentioned Friday, November 8, 2019 at 10 A.M. in front of City Hall will be the unveiling of the Veterans Memorial and thanked his staff, the Administration and Public Works for all their hard work and support in getting the memorial completed. He spoke regarding the GAP and the "No kill animal shelter." Council President Caprioglio announced the win for the Fresno State Bulldogs against the Hawaii Rainbow Warriors. He announced the upcoming Fresno State Bulldog game will be Saturday, November 9, 2019 against the Utah State and Sunday, November 10, 2019 at the Save Mart Center at 2 P.M. the Jersey, number 24 worn by Paul George will be retired. Council President Caprioglio spoke regarding Coffee with Cops and thanked McDonalds off Dakota and Cedar, the Northeast Police District for their help and support. He congratulated the Fire Department on their recent awards and promotions. He stated on October 31, 2019 Campus Point had their "Fun O'Ween Day" also known as Trunk or Treat and thanked the Maya Theater, Jamba Juice, Assemblymember Arambula, Senator Hurtado, the Northeast Police and Fire Department for their participation in the event. He stated Fresno State kicked off their celebrations by hosting their "Veteran's Day Celebration" for Veterans Wednesday, November 6, 2019 and he thanked Veteran's Resource Center. CONSENT CALENDAR On motion of Councilmember Chavez, seconded by President Caprioglio,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 ID19-11294 Actions pertaining to as needed plan checking and inspection services: 1. Approve a consultant services agreement with Willdan Engineering, Inc., in an amount not to exceed $100,000; and 2. Approve a consultant services agreement with Interwest Consulting Group in and amount not to exceed $250,000. 1-B ID19-11407 Actions relating to repealing and adding Building Regulations in the Fresno Municipal Code: City of Fresno ***Subject to Mayoral Veto Page 4 City Council Meeting Minutes - Final November 7, 2019 1. BILL - (For introduction) - Adopting express findings related to local climatic, topographical and geological conditions that make the City’s amendments to the California Mechanical Code and California Plumbing Code reasonably necessary and repealing Sections 11-101 through Section 11-109 of Article1, Chapter 11 of the Fresno Municipal Code and adding Sections 11-101 through Section 11-109 of Article1, of Chapter 11 to adopt and amend the California Building, Residential, Electrical, Mechanical, Plumbing, Energy and Green Building Standards Codes. BILL 41 INTRODUCED AND LAID OVER 1-C ID19-11470 Approve the Third Amendment to the professional consultant agreement with Stantec Architecture, Inc., to redesign the 65 percent electric bus charging infrastructure design documents to accommodate primary electrical service through PG&E EV Fleet Program in the amount of $73,987 and authorize the Director of Transportation or designee to execute all related documents 1-D ID19-11502 Actions related to award of a service contract with DILAX Systems Inc., of Quebec, Canada, in the amount of $67,131 1. Affirm the City Manager’s determination that DILAX Systems, Inc., is uniquely qualified to perform maintenance services for the Department of Transportation, FAX Division, Automatic Passenger Counter system (APC) 2. Affirm the City Manager’s determination that DILAX Systems, Inc., is uniquely capable as defined by the Federal Transit Administration for sole-source non-competitive procurements, to perform maintenance services for the Department of Transportation’s Automatic Passenger Counter system 3. Award a two-year maintenance service agreement DILAX Systems, Inc., of Quebec, Canada, in the amount of $67,131, with two one-year options 1-E ID19-11488 RESOLUTION - Authorizing the Application for Funding from the Urban Forestry Grant Program Entitled “Urban and Community Forestry Program” as Provided Through the Greenhouse Gas Reduction Fund (Citywide) The above item was pulled from the agenda by Council Vice President Arias and continued to November 14, 2019. 1-F ID19-11490 RESOLUTION - Of Intention to Annex Final Parcel Map No. 2016-02 as Annexation No. 26 to the City of Fresno Community Facilities District No. 9 and to Authorize the Levy of Special Taxes; and setting the public hearing for December 5, 2019, at 10:00 am (northwest corner of North Willow and East Shepherd Avenues) (Council District 6) RESOLUTION 2019-217 ADOPTED City of Fresno ***Subject to Mayoral Veto Page 5 City Council Meeting Minutes - Final November 7, 2019 1-G ID19-11507 Approve a Reimbursement Agreement with AT&T for $166,168.00 to reimburse AT&T for expenses related to design, construction, and oversight communication infrastructure relocations to accommodate the “G” Street Realignment and authorize the Director or his designee to execute an amendment up to a maximum amount of $34,000. (Council District 3) 1-H ID19-11508 Actions pertaining to the Marks and Nielsen Traffic Signal - Bid File 3669 (Council District 3) 1. Adopt a finding of Categorical Exemption per staff’s determination, pursuant to Section 15301(c) of the California Environmental Quality Act Guidelines (CEQA) 2. Award a construction contract in the amount of $374,817 to Audeamus Inc., dba Sebastian of Fresno, CA, as the lowest responsive and responsible bidder for the Marks and Nielsen Traffic Signal 1-I ID19-11512 ***Approve a Side Letter of Agreement with the Fresno City Employees Association (FCEA), for Unit 3, Non-Supervisory White Collar, regarding Lateral Hire Incentives for Emergency Services Dispatchers II/III (Subject to Mayor’s Veto) 1-J ID19-11518 Actions related to the City’s Initiative to Combat Human Trafficking: 1. ***BILL NO. B-37 - (Intro. 10/24/2019) (For adoption) - Amending Sections 9-1603, 9-1604, 9-1605, and 9-1609 of the Fresno Municipal Code related to Massage Business Operations (Subject to Mayor’s veto) 2. ***BILL No. B-38 - (Intro. 10/24/2019) (For adoption) - Amending Section 9-105 of the Fresno Municipal Code related to hotel registration (Subject to Mayor’s veto) ORDINANCE 2019-038 ADOPTED ORDINANCE 2019-039 ADOPTED 2. SCHEDULED COUNCIL HEARINGS AND MATTERS 10:00 A.M.#1 ID19-11494 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. 105 (Final Tract Map No. 6100) (west side of North Armstrong Avenue between East Ashlan and Dakota Avenues) (Council District 4) 1. ***RESOLUTION - To Annex Territory to Community Facilities District No. 11 and Authorizing the Levy of a City of Fresno ***Subject to Mayoral Veto Page 6 City Council Meeting Minutes - Final November 7, 2019 Special Tax for Annexation No. 105 (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. 105 (Subject to Mayor’s Veto) The item was called to order at 10:27 A.M. and was introduced to Council by Assistant Director Benelli, Public Works Department. Councilmember Karbassi left the meeting at 10:27 A.M. Upon call, there was no public comment and no Council discussion. RESOLUTION 2019-218 ADOPTED RESOLUTION 2019-219 ADOPTED RESOLUTION 2019-220 ADOPTED BILL 42 AND ORDINANCE 2019-040 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 Absent: 1 - Karbassi 10:00 A.M.#2 ID19-11491 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. 102 (Final Tract Map No. 6191) (north side of Fancher Creek Drive west of North Armstrong Avenue) (Council District 5) 1. ***RESOLUTION - To Annex Territory to Community Facilities District No. 11 and Authorizing the Levy of a Special Tax for Annexation No. 102 (Subject to Mayor’s Veto) 2. ***RESOLUTION - Calling Special Mailed-Ballot Election (Subject to Mayor’s Veto) 3. ***RESOLUTION - Declaring Election Results (Subject City of Fresno ***Subject to Mayoral Veto Page 7 City Council Meeting Minutes - Final November 7, 2019 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. 102 (Subject to Mayor’s Veto) The item was called to order at 10:28 A.M. and was introduced to Council by Assistant Director Benelli, Public Works Department. Councilmember Karbassi returned to the meeting at 10:28 A.M. Upon call, there was no public comment and no Council discussion. RESOLUTION 2019-221 ADOPTED RESOLUTION 2019-222 ADOPTED RESOLUTION 2019-223 ADOPTED BILL 43 AND ORDINANCE 2019-041 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 4. CITY COUNCIL 4-C ID19-11548 BILL - (For introduction) - Approve an ordinance of the City of Fresno, California, adding Section 2-319 of the Fresno Municipal Code, relating to confidentiality of attorney-client privileged and personnel records. The above item was introduced to Council by Councilmember Karbassi, District 2 and Councilmember Bredefeld, District 6. Councilmember Karbassi stated there will be no penalty for whistle blowers and this ordinance will not apply to the media, only elected officials and City employees. Upon call, the following member of the public addressed Council: Crystal Cabrera. Discussion held. City of Fresno ***Subject to Mayoral Veto Page 8 City Council Meeting Minutes - Final November 7, 2019 Councilmember Chavez suggested paragraph (e) remove "the City Attorney" from the section. Council Vice President Arias directed staff to provide City Council with the total cost of the leaks that were leaked from Closed Session. Councilmember Soria requested the final ordinance for adoption be timed so the members of the public can participate. BILL 43 INTRODUCED AND LAID OVER 1:30 P.M. CONTESTED CONSENT CALENDAR There were no items pulled for Contested Consent. 3. GENERAL ADMINISTRATION 3-A ID19-11411 Approve the award of a purchase contract to Haaker Equipment Company, Inc., of La Verne, California, for the purchase of three Elgin CNG Broom Bear street sweepers in the amount of $1,189,640 The above item was introduced to Council by Director Barfield, Transportation Department. Upon call, there was no public comment and no Council discussion. 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 3-B ID19-11506 ***RESOLUTION - 12th Amendment to the Annual Appropriation Resolution (AAR) No. 2019-133 to appropriate $2,022,700 for operating programs and previously approved capital improvement projects in the Public Works Department (Citywide) (Requires 5 affirmative votes) (Subject to Mayor’s veto) The above item was introduced to Council by Director Mozier, Public Works Department. Upon call, there was no public comment. Discussion held. City of Fresno ***Subject to Mayoral Veto Page 9 City Council Meeting Minutes - Final November 7, 2019 RESOLUTION 2019-224 ADOPTED On motion of Councilmember Chavez, seconded by Councilmember Bredefeld, that the above Action Item be adopted. The motion carried by the following vote: Aye: 7 - Caprioglio, Arias, Soria, Karbassi, Chavez, Bredefeld and Esparza 3-C ID19-11428 Actions pertaining to the East Nees Avenue Pavement Rehabilitation Project from North First Street to North Millbrook Avenue - Bid File No. 3687 (Council District 6) 1. Adopt a finding of Categorical Exemption per staff determination, pursuant to Section 15301(c) Class 1 and 15302/Class 2 of the California Environmental Quality Act guidelines. 2. Award a construction contract in the amount of $1,387,220.00 to Avison Construction, Inc. of Madera, California. The above item was introduced to Council by Supervising Engineering Tech Bartel, Public Works Department. Upon call, there was no public comment. Discussion held. 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 3-D ID19-11447 Actions pertaining to the City Hall and Municipal Services Center (MSC) energy savings and sustainability capital improvement projects: ( Council District 3) 1. Adopt findings of Categorical Exemptions pursuant to Sections 15301(c), 15301(d), and 15301(e) of the California Environmental quality Action Guidelines 2. Approve a design build agreement with Alliance Building Solutions, Inc., in the amount of $5,555,258 for an Energy Efficiency Program and equipment, including but not limited to efficient lighting, air-conditioning and control and monitoring systems, roof replacement, elastomeric coating, and solar panels for implementation of certain energy related and sustainability services City of Fresno ***Subject to Mayoral Veto Page 10 City Council Meeting Minutes - Final November 7, 2019 3. Approve a Solar Power Purchase Agreement with Fresno Street Solar Project 2019, LLC., for City Hall 4. Approve a Solar Power Purchase Agreement with El Dorado Street Solar Project 2019, LLC., for the MSC 5. Approve a Solar Energy System Lease Agreement with Fresno Street Solar Project 2019, LLC., 6. Approve a Solar Energy System Lease Agreement with El Dorado Street Solar Project 2019, LLC., and 7. Authorize the City Manager to enter into a Financing Agreement for the City Hall and MSC Energy Efficiency Project for a rate not to exceed 2.95% The above item was pulled from the agenda by Council Vice President Arias and continued to November 14, 2019. 3-E ID19-11487 ***RESOLUTION - 9th Amendment to the Annual Appropriation Resolution (AAR) No. 2019-133 to appropriate $544,600 for new capital improvement projects in the Public Works Department (citywide) (Subject to Mayor’s veto) (Requires 5 affirmative votes) The above item was introduced to Council by Assistant Director Morrison, Public Works Department. Upon call, there was no public comment. Discussion held. RESOLUTION 2019-225 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 CITY COUNCIL (CONTINUED) 4-A ID19-11526 BILL (for introduction) - Adding Section 2-804 to the Fresno Municipal Code relating to Planning Commission composition The above item was introduced to Council by Council Vice President Arias, District 3. Upon call, there was no public comment. Discussion held. City of Fresno ***Subject to Mayoral Veto Page 11 City Council Meeting Minutes - Final November 7, 2019 BILL 44 INTRODUCED AND LAID OVER 4-B ID19-11545 ***RESOLUTION - Amending the Salary Resolution and the Transparency in City Government Act regarding the Compensation of the Fire Chief and the Police Chief (The Chief Selection Accountability Act) (Subject to Mayor’s Veto) The above item was removed from the agenda by Councilmember Esparza, District 7. 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 member addressed Council: David Love 5. CLOSED SESSION City Council recessed into Closed Session from 11:36 A.M. to 12:00 P.M and broke for lunch from 12:00 P.M. to 1:30 P.M. City reconvened into Closed Session from 1:30 P.M. to 3:24 P.M. There was no announcements after Closed Session and the below items were discussed. 5-A ID19-11485 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Government Code Section 54956.9, subdivision (d)(1) 1. Eric Panabaker v. City of Fresno, psi, Administered by RISICO Claims Management; Workers’ Compensation Appeals Board Case No. ADJ Unassigned (Police Department) 5-B ID19-11486 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Government Code Section 54956.9, subdivision (d)(1) 1. Kirk Wanless v. City of Fresno, psi, Administered by RISICO Claims Management; Workers’ Compensation Appeals Board Case No. ADJ Unassigned (Fire Department) 5-C ID19-11505 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-00332 (Police City of Fresno ***Subject to Mayoral Veto Page 12 City Council Meeting Minutes - Final November 7, 2019 Department). 5-D ID19-11528 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Government Code Section 54956.9, subdivision (d)(2) 1. Significant Exposure to Litigation: Landscape Maintenance of America dba California Highway Adoption Co. v. City of Fresno (Public Works) 5-E ID19-11547 CONFERENCE WITH LABOR NEGOTIATORS - Government Code Section 54957.6 City Negotiators: Jeffrey Cardell, Ken Phillips Employee Organizations: 1. Fresno Police Officers Association (FPOA Basic) 2. Fresno Police Officers Association (FPOA Management) ADJOURNMENT City Council adjourned at 3:24 P.M. in memory of all the Veterans. City of Fresno ***Subject to Mayoral Veto Page 13

Agenda

City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Meeting Agenda - Final Thursday, November 7, 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 Agenda - Final November 7, 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. City of Fresno ***Subject to Mayoral Veto Page 2 City Council Meeting Agenda - Final November 7, 2019 El Consejo de la Ciudad de Fresno da la bienvenida al City Council Chambers, ubicado en la Alcaldía (City Hall), segundo 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 November 7, 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 November 7, 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 November 7, 2019 9:00 A.M. ROLL CALL Invocation by Bhai Sarbjeet Singh from The Sikh Institute of Fresno Pledge of Allegiance to the Flag APPROVE AGENDA APPROVE MINUTES ID19-11464 Approval of Minutes for October 24, 2019. Sponsors: City Clerk's Office CEREMONIAL PRESENTATIONS ID19-11523 Proclamation of “North Fresno Lions 70th Anniversary Day” Sponsors: Councilmember Soria ID19-11404 Proclamation of “Bob Meyers Day” Sponsors: Councilmember Karbassi ID19-11273 Mid Valley Disposal to Present their “Recycler of the Year” awards to IEH Labs (District 4) and Chukchansi Park (District 3). Sponsors: Council President Caprioglio and Vice President Arias ID19-11460 Proclamation of “National Veterans Small Business Week” Sponsors: Council President Caprioglio and Mayor's Office ID19-11504 Proclamation of “GURU NANAK’s 550th GURPURB, or BIRTH ANNIVERSARY DAY” Sponsors: Mayor's Office, Councilmember Karbassi, Council President Caprioglio and Councilmember Esparza COUNCILMEMBER REPORTS AND COMMENTS City of Fresno ***Subject to Mayoral Veto Page 6 City Council Meeting Agenda - Final November 7, 2019 CONSENT CALENDAR 1-A ID19-11294 Actions pertaining to as needed plan checking and inspection services: 1. Approve a consultant services agreement with Willdan Engineering, Inc., in an amount not to exceed $100,000; and 2. Approve a consultant services agreement with Interwest Consulting Group in and amount not to exceed $250,000. Sponsors: Planning and Development Department 1-B ID19-11407 Actions relating to repealing and adding Building Regulations in the Fresno Municipal Code: 1. BILL - (For introduction) - Adopting express findings related to local climatic, topographical and geological conditions that make the City’s amendments to the California Mechanical Code and California Plumbing Code reasonably necessary and repealing Sections 11-101 through Section 11-109 of Article1, Chapter 11 of the Fresno Municipal Code and adding Sections 11-101 through Section 11-109 of Article1, of Chapter 11 to adopt and amend the California Building, Residential, Electrical, Mechanical, Plumbing, Energy and Green Building Standards Codes. Sponsors: Planning and Development Department 1-C ID19-11470 Approve the Third Amendment to the professional consultant agreement with Stantec Architecture, Inc., to redesign the 65 percent electric bus charging infrastructure design documents to accommodate primary electrical service through PG&E EV Fleet Program in the amount of $73,987 and authorize the Director of Transportation or designee to execute all related documents Sponsors: Department of Transportation 1-D ID19-11502 Actions related to award of a service contract with DILAX Systems Inc., of Quebec, Canada, in the amount of $67,131 1. Affirm the City Manager’s determination that DILAX Systems, Inc., is uniquely qualified to perform maintenance services for the Department of Transportation, FAX Division, Automatic Passenger Counter system (APC) City of Fresno ***Subject to Mayoral Veto Page 7 City Council Meeting Agenda - Final November 7, 2019 2. Affirm the City Manager’s determination that DILAX Systems, Inc., is uniquely capable as defined by the Federal Transit Administration for sole-source non-competitive procurements, to perform maintenance services for the Department of Transportation’s Automatic Passenger Counter system 3. Award a two-year maintenance service agreement DILAX Systems, Inc., of Quebec, Canada, in the amount of $67,131, with two one-year options Sponsors: Department of Transportation 1-E ID19-11488 RESOLUTION - Authorizing the Application for Funding from the Urban Forestry Grant Program Entitled “Urban and Community Forestry Program” as Provided Through the Greenhouse Gas Reduction Fund (Citywide) Sponsors: Public Works Department 1-F ID19-11490 RESOLUTION - Of Intention to Annex Final Parcel Map No. 2016-02 as Annexation No. 26 to the City of Fresno Community Facilities District No. 9 and to Authorize the Levy of Special Taxes; and setting the public hearing for December 5, 2019, at 10:00 am (northwest corner of North Willow and East Shepherd Avenues) (Council District 6) Sponsors: Public Works Department 1-G ID19-11507 Approve a Reimbursement Agreement with AT&T for $166,168.00 to reimburse AT&T for expenses related to design, construction, and oversight communication infrastructure relocations to accommodate the “G” Street Realignment and authorize the Director or his designee to execute an amendment up to a maximum amount of $34,000. (Council District 3) Sponsors: Public Works Department 1-H ID19-11508 Actions pertaining to the Marks and Nielsen Traffic Signal - Bid File 3669 (Council District 3) 1. Adopt a finding of Categorical Exemption per staff’s determination, pursuant to Section 15301(c) of the California Environmental Quality Act Guidelines (CEQA) 2. Award a construction contract in the amount of $374,817 City of Fresno ***Subject to Mayoral Veto Page 8 City Council Meeting Agenda - Final November 7, 2019 to Audeamus Inc., dba Sebastian of Fresno, CA, as the lowest responsive and responsible bidder for the Marks and Nielsen Traffic Signal Sponsors: Public Works Department 1-I ID19-11512 ***Approve a Side Letter of Agreement with the Fresno City Employees Association (FCEA), for Unit 3, Non-Supervisory White Collar, regarding Lateral Hire Incentives for Emergency Services Dispatchers II/III (Subject to Mayor’s Veto) Sponsors: Personnel Services Department 1-J ID19-11518 Actions related to the City’s Initiative to Combat Human Trafficking: 1. ***BILL NO. B-37 - (Intro. 10/24/2019) (For adoption) - Amending Sections 9-1603, 9-1604, 9-1605, and 9-1609 of the Fresno Municipal Code related to Massage Business Operations (Subject to Mayor’s veto) 2. ***BILL No. B-38 - (Intro. 10/24/2019) (For adoption) - Amending Section 9-105 of the Fresno Municipal Code related to hotel registration (Subject to Mayor’s veto) Sponsors: Mayor's Office 2. SCHEDULED COUNCIL HEARINGS AND MATTERS 10:00 A.M.#1 ID19-11494 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. 105 (Final Tract Map No. 6100) (west side of North Armstrong Avenue between East Ashlan and Dakota 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. 105 (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 City of Fresno ***Subject to Mayoral Veto Page 9 City Council Meeting Agenda - Final November 7, 2019 Special Tax for the Property Tax Year 2019-2020 and Future Tax Years Within and Relating to Community Facilities District No. 11, Annexation No. 105 (Subject to Mayor’s Veto) Sponsors: Public Works Department 10:00 A.M.#2 ID19-11491 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. 102 (Final Tract Map No. 6191) (north side of Fancher Creek Drive west of North Armstrong Avenue) (Council District 5) 1. ***RESOLUTION - To Annex Territory to Community Facilities District No. 11 and Authorizing the Levy of a Special Tax for Annexation No. 102 (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. 102 (Subject to Mayor’s Veto) Sponsors: Public Works Department 1:30 P.M. CONTESTED CONSENT CALENDAR 3. GENERAL ADMINISTRATION 3-A ID19-11411 Approve the award of a purchase contract to Haaker Equipment Company, Inc., of La Verne, California, for the purchase of three Elgin CNG Broom Bear street sweepers in the amount of $1,189,640 Sponsors: Department of Transportation 3-B ID19-11506 ***RESOLUTION - 12th Amendment to the Annual Appropriation Resolution (AAR) No. 2019-133 to appropriate $2,022,700 for operating programs and previously approved capital improvement projects in the Public Works Department (Citywide) (Requires 5 affirmative votes) (Subject to Mayor’s City of Fresno ***Subject to Mayoral Veto Page 10 City Council Meeting Agenda - Final November 7, 2019 veto) Sponsors: Public Works Department 3-C ID19-11428 Actions pertaining to the East Nees Avenue Pavement Rehabilitation Project from North First Street to North Millbrook Avenue - Bid File No. 3687 (Council District 6) 1. Adopt a finding of Categorical Exemption per staff determination, pursuant to Section 15301(c) Class 1 and 15302/Class 2 of the California Environmental Quality Act guidelines. 2. Award a construction contract in the amount of $1,387,220.00 to Avison Construction, Inc. of Madera, California. Sponsors: Public Works Department 3-D ID19-11447 Actions pertaining to the City Hall and Municipal Services Center (MSC) energy savings and sustainability capital improvement projects: (Council District 3) 1. Adopt findings of Categorical Exemptions pursuant to Sections 15301(c), 15301(d), and 15301(e) of the California Environmental quality Action Guidelines 2. Approve a design build agreement with Alliance Building Solutions, Inc., in the amount of $5,555,258 for an Energy Efficiency Program and equipment, including but not limited to efficient lighting, air-conditioning and control and monitoring systems, roof replacement, elastomeric coating, and solar panels for implementation of certain energy related and sustainability services 3. Approve a Solar Power Purchase Agreement with Fresno Street Solar Project 2019, LLC., for City Hall 4. Approve a Solar Power Purchase Agreement with El Dorado Street Solar Project 2019, LLC., for the MSC 5. Approve a Solar Energy System Lease Agreement with Fresno Street Solar Project 2019, LLC., 6. Approve a Solar Energy System Lease Agreement with El Dorado Street Solar Project 2019, LLC., and 7. Authorize the City Manager to enter into a Financing Agreement for the City Hall and MSC Energy Efficiency Project for a rate not to exceed 2.95% City of Fresno ***Subject to Mayoral Veto Page 11 City Council Meeting Agenda - Final November 7, 2019 Sponsors: Public Works Department 3-E ID19-11487 ***RESOLUTION - 9th Amendment to the Annual Appropriation Resolution (AAR) No. 2019-133 to appropriate $544,600 for new capital improvement projects in the Public Works Department (citywide) (Subject to Mayor’s veto) (Requires 5 affirmative votes) Sponsors: Public Works Department 4. CITY COUNCIL 4-A ID19-11526 BILL (for introduction) - Adding Section 2-804 to the Fresno Municipal Code relating to Planning Commission composition Sponsors: Vice President Arias 4-B ID19-11545 ***RESOLUTION - Amending the Salary Resolution and the Transparency in City Government Act regarding the Compensation of the Fire Chief and the Police Chief (The Chief Selection Accountability Act) (Subject to Mayor’s Veto) Sponsors: Councilmember Esparza 4-C ID19-11548 BILL - (For introduction) - Approve an ordinance of the City of Fresno, California, adding Section 2-319 of the Fresno Municipal Code, relating to confidentiality of attorney-client privileged and personnel records. Sponsors: Councilmember Karbassi, Councilmember Bredefeld and Mayor's Office 5. CLOSED SESSION 5-A ID19-11485 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Government Code Section 54956.9, subdivision (d)(1) 1. Eric Panabaker v. City of Fresno, psi, Administered by RISICO Claims Management; Workers’ Compensation Appeals Board Case No. ADJ Unassigned (Police Department) Sponsors: City Attorney's Office 5-B ID19-11486 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Government Code Section 54956.9, City of Fresno ***Subject to Mayoral Veto Page 12 City Council Meeting Agenda - Final November 7, 2019 subdivision (d)(1) 1. Kirk Wanless v. City of Fresno, psi, Administered by RISICO Claims Management; Workers’ Compensation Appeals Board Case No. ADJ Unassigned (Fire Department) Sponsors: City Attorney's Office 5-C ID19-11505 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-00332 (Police Department). Sponsors: City Attorney's Office 5-D ID19-11528 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Government Code Section 54956.9, subdivision (d)(2) 1. Significant Exposure to Litigation: Landscape Maintenance of America dba California Highway Adoption Co. v. City of Fresno (Public Works) Sponsors: City Attorney's Office 5-E ID19-11547 CONFERENCE WITH LABOR NEGOTIATORS - Government Code Section 54957.6 City Negotiators: Jeffrey Cardell, Ken Phillips Employee Organizations: 1. Fresno Police Officers Association (FPOA Basic) 2. Fresno Police Officers Association (FPOA Management) Sponsors: Vice President Arias PLEASE NOTE: UNSCHEDULED COMMUNICATION IS NOT SCHEDULED FOR A SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING UNSCHEDULED COMMUNICATION ADJOURNMENT UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS November 14, 2019 10:30 A.M - RESOLUTION - Of the City of Fresno Approving a Bond Proceeds City of Fresno ***Subject to Mayoral Veto Page 13 City Council Meeting Agenda - Final November 7, 2019 Expenditure Agreement between the Successor Agency to the Redevelopment Agency of the City of Fresno and the City of Fresno in its Capacity as Housing Successor to the Redevelopment Agency of the City of Fresno November 14, 2019 1:30 P.M.#2 - Animal Shelter December 5, 2019 10:00 A.M. #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. 106 (Final Tract Map No. 6210) (west side of North Armstrong Avenue between East Shields and Clinton Avenues) (Council District 4) December 5, 2019 10:00 A.M.#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. 26 (Final Parcel Map No. 2016-02) (northwest corner of North Willow and East Shepherd Avenues) (Council District 6) December 5, 2019 10:10 A.M.#2 - HEARING - Re: Variance Application for over height Billboard request located at Freeway 41 and Howard, on City property. (Council District 6) December 12, 2019 10:00 A.M. - HEARING - Ordering the vacation of a portion of South Golden State Boulevard, south of San Benito Street between “G” Street and “F” Street (Council District 3). December 12, 2019 10:10 A.M. - 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. 42 (Assessor’s Parcel Number 509-040-03 and 509-040-04) (northwest corner of the intersection West Jennifer and West Jacquelyn Avenues) (Council District 2) December 12, 2019 10:15 A.M. - HEARING re: General Plan Amendment, Rezone and Development City of Fresno ***Subject to Mayoral Veto Page 14 City Council Meeting Agenda - Final November 7, 2019 Permit for a 193-unit multiple family project proposed by Spencer Enterprises. The project is located near the SE corner of Bullard and Figarden Drive. UPCOMING EMPLOYEE CEREMONIES November 20, 2019 (Wednesday) –2:00 P.M. - Employee Service Awards January 29, 2020 (Wednesday) – Employee of the Winter Quarter April 22, 2020 (Wednesday) – Employee Service Awards May 20, 2020 (Wednesday) – Employee of the Spring Quarter July 22, 2020 (Wednesday) - Employee of the Summer Quarter October 21, 2020 (Wednesday) - Employee of the Fall Quarter November 18, 2020 (Wednesday) – Employee Service Awards 2019 CITY COUNCIL MEETING SCHEDULE NOVEMBER 14, 2019 - 9:00 A.M. MEETING NOVEMBER 21, 2019 - NO MEETING NOVEMBER 28, 2019 - NO MEETING DECEMBER 5, 2019 - 9:00 A.M. MEETING DECEMBER 12, 2019 - 9:00 A.M. MEETING DECEMBER 19, 2019 - NO MEETING DECEMBER 26, 2019 - NO MEETING City of Fresno ***Subject to Mayoral Veto Page 15

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