City Council

City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Meeting Minutes - Final Thursday, December 5, 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 December 5, 2019 The City Council met in regular session in the Council Chamber, City Hall on the date and time written above. 9:02 A.M. ROLL CALL Councilmember Soria was absent during roll call and joined the meeting at 9:04 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 Rocky Vang, Fresno Hmong Alliance Church. Pledge of Allegiance to the Flag APPROVE AGENDA City Clerk Spence announced the following changes to the agenda: File ID 19-11521 (1-C #2) - Resolution regarding adding one Retirement Accounting Manager should read 3rd amendment and not the 4th amendment, File ID 19-11608 (10:45 A.M.) - Resolution - initiating a comprehensive update to the Fresno General Plan; initiate the amendment of the Woodward Park Community Plan was continued to December 12, 2019 at 10:45 A.M. and City Clerk Spence announced the Supplement that was sent out November 27, 2019 amending the staff report and resolution was not from Mayor Lee Brand and was not written by Director Jennifer Clark, File ID 19-11612 (4-A) - Approve the 2020 City Council Meeting schedule was continued to December 12, 2019 and File ID 19-11546 (3-F)- Approval of the 2019 Management Agreement between the City of Fresno and ASM Global for the management of the Fresno Convention and Entertainment Center was continued to December 12, 2019. Council Vice President Arias requested items 1-C, 1-E, 1-H, 1-I and 3-H be pulled from the agenda. City Manager Quan asked that item 1-C remain on the agenda. Council Vice City of Fresno ***Subject to Mayoral Veto Page 2 City Council Meeting Minutes - Final December 5, 2019 President Arias withdrew his request and agreed to keep the item on the agenda. Councilmember Bredefeld asked that item 1-E remain on the agenda. Council Vice President Arias withdrew his request and agreed to keep the item on the agenda. After Council discussion, Council Vice President Arias withdrew his request to remove item 1-H from the agenda. Councilmember Karbassi motioned to keep item 1-I on the agenda for discussion. Councilmember Bredefeld seconded the motion. Motion PASSED 5-2 Councilmember Esparza and Council Vice President Arias voted no. Council Vice President Arias motioned to approve the agenda as amended and pull item 3-H from General Administration and continue the item to December 12, 2019. Councilmember Chavez seconded the motion. On motion of Vice President Arias, seconded by Councilmember Chavez,the above Action was adopted as amended. The motion carried by the following vote: Aye: 7 - Caprioglio, Arias, Soria, Karbassi, Chavez, Bredefeld and Esparza APPROVE MINUTES ID19-11466 Approval of Minutes for November 14, 2019. On motion of Councilmember Soria, 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 ID19-11623 Approval of Minutes of the Special Meeting of November 22, 2019 On motion of Councilmember Bredefeld, seconded by Councilmember Chavez, that the above Minutes be approved. The motion carried by the following vote: City of Fresno ***Subject to Mayoral Veto Page 3 City Council Meeting Minutes - Final December 5, 2019 Aye: 7 - Caprioglio, Arias, Soria, Karbassi, Chavez, Bredefeld and Esparza CEREMONIAL PRESENTATIONS The following Ceremonial items were presented. ID19-11274 Presentation of the SPCA Pet of the Month ID19-11271 Proclamation of “Micky’s Toy Giveaway 10 Year Anniversary” ID19-11529 Proclamation of “Grace Vang Day” COUNCILMEMBER REPORTS AND COMMENTS Council President Caprioglio announced on November 26, 2019 District 4 held their third annual operation gobble at Wesley Church and personally thanked all the sponsors for their help. Councilmember Soria announced Santa's Village annual event will be held on December 7, 2019 at Teague Elementary. She gave a shout out to the Fresno City College Women's Volleyball Team. They advanced to the State tournament and will be playing against Chula Vista. She stated Central Unified High School Football Program is a three-time winner of the Central Division Championship. Councilmember Esparza stated he participated in "Civic Day" at Roosevelt High School and thanked Roosevelt High School students for inviting him. 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: 6 - Caprioglio, Arias, Soria, Chavez, Bredefeld and Esparza No: 1 - Karbassi 1-A ID19-11469 ***RESOLUTION - Adopting a Revised Policy and Procedures for Claiming Unclaimed Money in the City of Fresno Treasury for the General Fund, Renamed as Policy and Procedures for Claiming Unclaimed Money in the City of Fresno Treasury (Subject to Mayor’s Veto) City of Fresno ***Subject to Mayoral Veto Page 4 City Council Meeting Minutes - Final December 5, 2019 The above item was pulled from Consent Calendar by Councilmember Karbassi and moved to Contested Consent for further discussion. 1-B ID19-11516 Approve the award of a cooperative purchase agreement to Quinn Company of Fresno, California, for the purchase of one (1) Caterpillar MH3022 wheeled material handler in the amount of $371,869 1-C ID19-11521 Actions pertaining to the FY20 Salary Resolution No. 2019-135 and the FY20 Position Authorization Resolution (PAR) No. 2019-134 1. ***RESOLUTION - 3rd Amendment to FY 2020 Salary Resolution No. 2019-135, amending Exhibit 1, Unit 1, Non-Supervisory Blue Collar (Local 39) to add the flexible staffing footnote associated with the classifications of Wastewater Treatment Plant Technician and Wastewater Treatment Plant Specialist, effective December 9, 2019; Exhibit 2, Unit 2, Non-Represented Management and Confidential Classes (Non-Represented) to add the new classification of Executive Assistant to the Retirement Administrator and provide an associated salary range, effective December 9, 2019; Exhibit 13-1,Unit 13, Exempt Supervisory and Professional (CFPEA) to increase the salary range for Capital Development Specialist, effective December 9, 2019; and Exhibit 14, Unit 14, Management Classes to retitle the classification of Community Sanitation Manager to Graffiti Abatement Manager and increase the salary range, and add the new classification of Retirement Accounting Manager and provide a salary range, effective December 9, 2019 (Subject to Mayor’s Veto) 2. ***RESOLUTION - 3rd Amendment to the Position Authorization Resolution (PAR) No. 2019-134 adding one (1) Retirement Accounting Manager, effective December 9, 2019 (Subject to Mayor’s Veto) The above item was pulled from Consent Calendar by Council Vice President Arias and moved to Contested Consent for further discussion. 1-D ID19-11534 Reject all bids for a product purchase contract of Wide Area Network Aggregation Routers and Networking Switches (Bid File 3678) 1-E ID19-11558 Approve the appointments of Linda T. Moreno and Julian A. Montalvo to the Civil Service Board The above item was pulled from Consent Calendar by Council Vice President Arias and moved to Contested Consent for further discussion. 1-F ID19-11574 Actions pertaining to the 2019 Supporting Victims of Gang Violence grant program City of Fresno ***Subject to Mayoral Veto Page 5 City Council Meeting Minutes - Final December 5, 2019 1. Authorize the Chief of Police to accept $320,000 in grant funding for the Supporting Victims of Gang Violence grant awarded to the Fresno Police Department from the U.S. Department of Justice, through the Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention (OJJDP) 2. ***RESOLUTION - 18th Amendment to the Annual Appropriation Resolution (AAR) No. 2019-133 appropriating $85,000 for the Police Department’s Supporting Victims of Gang Violence grant (Requires 5 affirmative votes) (Subject to Mayor’s veto) 3. ***RESOLUTION - 2nd Amendment to Position Authorization Resolution (PAR) No. 2019-134 establishing the number of positions authorized in the various departments and offices of the City for Fiscal Year 2020 (Subject to Mayor’s Veto) RESOLUTION 2019-236 ADOPTED RESOLUTION 2019-237 ADOPTED 1-G ID19-11606 ***BILL NO. B-46 - (Intro. 11/14/2019) (For adoption) - Repealing and Adding Fire and Life Safety Regulations in the Fresno Municipal Code (Subject to Mayor’s veto) ORDINANCE 2019-044 ADOPTED 1-H ID19-11611 Approve the appointments of Jenna Lukens and the reappointments of Chuck Riojas, David Mercer and Stuart Van Horn to the Fresno Regional Workforce Development Board The above item was pulled from Consent Calendar by Council Vice President Arias and moved to Contested Consent for further discussion. 1-I ID19-11615 Approve Amendment No. 6 to the Copper River Ranch Water Supply Implementation Agreement approved by Fresno City Council on November 17, 2016 (Council District 6) The above item was pulled from Consent Calendar by Council Vice President Arias and moved to Contested Consent for further discussion. 3. GENERAL ADMINISTRATION 3-B ID19-11580 Approve a consultant services agreement with Shizen Consulting, LLLP to provide professional owner advisor support services for the Fresno Yosemite International Airport’s FATforward expansion program in an amount not to exceed $6,500,000 (Council District 4) The above item was introduced to Council by Director Meikle, Airports Department. Upon call, there was no public comment. City of Fresno ***Subject to Mayoral Veto Page 6 City Council Meeting Minutes - Final December 5, 2019 Discussion held. APPROVED On motion of President Caprioglio, 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-C ID19-11582 Approve Phase One of a Progressive Design-Build contract with C Overaa & Co. to provide design services related to a parking garage at Fresno Yosemite International Airport in an amount not to exceed $3,000,000 (Council District 4) The above item was introduced to Council by Director Meikle, Airports Department and Vice Presidnet Colby Powell, with C. Overaa & Co. Upon call, there was no public comment. Discussion held. APPROVED On motion of President Caprioglio, 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 2. SCHEDULED COUNCIL HEARINGS AND MATTERS 10:00 A.M.#1 ID19-11575 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) 1. ***RESOLUTION - to Annex Territory to Community Facilities District No. 11 and Authorizing the Levy of a Special Tax for Annexation No. 106 (Subject to Mayor’s City of Fresno ***Subject to Mayoral Veto Page 7 City Council Meeting Minutes - Final December 5, 2019 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. 106 (Subject to Mayor’s Veto) The item was called to order at 10:08 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 2019-238 ADOPTED RESOLUTION 2019-239 ADOPTED RESOLUTION 2019-240 ADOPTED BILL-48/ORDINANCE 2019-045 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 10:00 A.M.#2 ID19-11576 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) 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 City of Fresno ***Subject to Mayoral Veto Page 8 City Council Meeting Minutes - Final December 5, 2019 Facilities District No. 9, Annexation No. 26 (Subject to Mayor’s Veto) The item was called to order at 10:09 A.M. and introduced to Council by Assistant Director Benelli, Public Works Department. Upon call, there was no public comment and no Council discussion. Councilmember Karbassi left the meeting at 10:10 A.M. RESOLUTION 2019-241 ADOPTED RESOLUTION 2019-242 ADOPTED RESOLUTION 2019-243 ADOPTED BILL-49/ORDINANCE 2019-046 ADOPTED On motion of Councilmember Bredefeld, seconded by Councilmember Chavez, that the above Action Item be adopted. The motion carried by the following vote: Aye: 6 - Caprioglio, Arias, Soria, Chavez, Bredefeld and Esparza Absent: 1 - Karbassi GENERAL ADMINISTRATION (CONTINUED) 3-A ID19-11522 BILL - (For introduction) - Amending Section 3-252 of Chapter 3, Article 2 of the Fresno Municipal Code relating to Certification and Appointment of Eligibles. The above item was introduced to Council by Personnel Services Manager Chavez-Martin, Personnel Department. Upon call, there was no public comment. Councilmember Karbassi returned to the meeting at 10:12 A.M. Discussion held. BILL- 50 APPROVED, INTRODUCED AND LAID OVER 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 City of Fresno ***Subject to Mayoral Veto Page 9 City Council Meeting Minutes - Final December 5, 2019 SCHEDULED COUNCIL HEARINGS AND MATTERS (CONTINUED) 10:10 A.M. ID19-11448 Actions pertaining to appeal from the Fresno City Planning Commission ’s decision concerning Development Permit Application No. P19-00359 and Variance Application No. P19-02282, located on the west side of North Howard Street between Herndon and Alluvial Avenues. (Council District 6) 1. ADOPT Environmental Assessment No. P19-00359 / P19-02282 dated August 7, 2019, a determination that the proposed project is exempt from the California Environmental Quality Act (CEQA) through a Class 3 Categorical Exemption; and, 2. APPROVE Development Permit Application No. P19-00359, which proposed to develop a 14-foot high by 48-foot wide digital LED, double-sided billboard; and, 3. Take one of the following actions: a. APPROVE Variance Application No. P19-02282, requesting to vary height standards to allow for an 86-foot tall, 14-foot high by 48-foot wide double-sided digital LED billboard. b. DENY Variance Application No. P19-02282, requesting to vary height standards to allow for an 86-foot tall, 14-foot high by 48-foot wide double-sided digital LED billboard. The item was called to order at 10:18 A.M. and was introduced to Council by Planner III Horton, Planning and Development Department, Sean Marciniak and Mark Duran with Outfront Media. Upon call, there was no public comment. Discussion held. Council Vice President Arias directed the Administration to work closely with Outfront Media to mitigate the impact to the revenue. Councilmember Soria motioned to continue the item to December 12, 2019. Council President Caprioglio seconded the motion. Motion FAILED 4/3, Councilmember Karbassi, Councilmember Chavez, Councilmember Bredefeld and Councilmember Esparza voted no. Councilmember Bredefeld motioned to approve the item as presented and to deny the variance application No. P19-02282. Councilmember Chavez City of Fresno ***Subject to Mayoral Veto Page 10 City Council Meeting Minutes - Final December 5, 2019 seconded the motion. APPROVED On motion of Councilmember Bredefeld, seconded by Councilmember Chavez, that the above Action Item be adopted. The motion carried by the following vote: Aye: 5 - Arias, Karbassi, Chavez, Bredefeld and Esparza No: 1 - Caprioglio Abstain: 1 - Soria 10:15 A.M. ID19-11588 HEARING to consider Prezone Application No. P18-03343; Annexation Application No. P18-03263; Planned Development Permit Application No. P18-03739; Vesting Tentative Tract Map No. 6224 (P18-03724); and related Environmental Assessment No. P18-03724 for approximately 69.15 acres of property located on the east side of North Temperance Avenue, between East Shields and East Clinton Avenues. (Council District 4) - Planning and Development Department. 1. ADOPT the Mitigated Negative Declaration prepared for Environmental Assessment (EA) No. P18-03724 dated August 16, 2019 for purposes of the proposed project. 2. BILL - (For introduction and adoption) - Approving Prezone Application No. P18-03443 proposing to amend the Official Zoning Map of the City of Fresno to rezone the subject property from the Fresno County AE-20 (Exclusive Agriculture)(±69.15 acres) to the RS-3/ANX/EA/UGM ( Residentia l Single Family, Low Density/Annexed Rural Residential Transitional/Expressway Area/Urban Growth Management)(±11.85 acres), RS-4/EA/UGM (Residential Single Family, Medium Low Density/Expressway Area/Urban Growth Management)(±23 acres) and RS-5/EA/UGM ( Residential Single Family, Medium Density/Expressway Area/Urban Growth Management)(±34.3 acres) zone districts in accordance with the Fresno General Plan Land Use Map. 3. RESOLUTION - Approving Annexation Application No. P18-03263 to initiate annexation proceedings for the Shields-Temperance No. 2 Reorganization proposing incorporation of the subject property within the City of Fresno; and, detachment from the Kings River Conservation District and Fresno County Fire Protection District. 4. APPROVE - Planned Development Permit Application No. P18- 03739 proposing to modify the RS-4/EA/UGM (Residential Single Family, Medium Low Density/Expressway Area/Urban Growth City of Fresno ***Subject to Mayoral Veto Page 11 City Council Meeting Minutes - Final December 5, 2019 Management) and RS-5/EA/UGM (Residential Single Family, Medium Density/Expressway Area/Urban Growth Management) zone district development standards to allow for reduced front and rear yard setbacks, reduced lot sizes and increased lot coverage for the proposed single family residences; as well as a Density Transfer in accordance with Section 15-310-C of the Fresno Municipal Code. 5. APPROVE - Vesting Tentative Tract Map No. 6224 (P18-03724) proposing to subdivide a ±57.3 acre portion of the subject property for the purpose of creating a 349-lot single-family residential development subject to the findings and compliance with the Conditions of Approval included within the Staff Report to the City Council dated December 5, 2019. The item was called to order at 11:29 A.M. and was introduced to Council by Supervising Planner Tackett, Planning and Development Department. Upon call, the following members of the public addressed Council: David Thomson, Denise Thomson, David Taub, Mark McAleenan, Arakel Arisian and John Endara. Discussion held. BILL-51/ORDINANCE 2019-047 ADOPTED RESOLUTION 2019-244 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: 5 - Caprioglio, Arias, Soria, Karbassi and Chavez No: 2 - Bredefeld and Esparza City Council recessed for Lunch at 12:25 P.M. and returned from lunch at 1:34 P.M. 10:45 A.M. ID19-11608 RESOLUTION--Initiating a comprehensive update to the Fresno General Plan; initiate the amendment of the Woodward Park Community Plan; the Bullard Community Plan (which includes the Pinedale Neighborhood Plan and the Sierra Sky Park Land Use Policy Plan); the Hoover Community Plan (which includes the El Dorado Park Neighborhood Plan); the West Area Community Plan; the Fresno High-Roeding Community Plan; the McLane Community Plan; the Downtown Neighborhoods Community Plan; City of Fresno ***Subject to Mayoral Veto Page 12 City Council Meeting Minutes - Final December 5, 2019 the Edison Community Plan; the Roosevelt Community Plan; the Butler-Willow Specific Plan; the Fresno-Chandler Downtown Airport Master Plan; the Fresno Yosemite International Airport Land Use Compatibility Plan; the Fulton Corridor Specific Plan; the Highway City Neighborhood Plan; the North Avenue Industrial Triangle; the Southwest Fresno Specific Plan; the Tower District Specific Plan; and the Yosemite School Area Specific Plan pursuant to Fresno Municipal Code Section 15-4902-B. The above item was removed from the agenda and continued to December 12, 2019. 1:30 P.M.#1 CONTESTED CONSENT CALENDAR 1-A ID19-11469 ***RESOLUTION - Adopting a Revised Policy and Procedures for Claiming Unclaimed Money in the City of Fresno Treasury for the General Fund, Renamed as Policy and Procedures for Claiming Unclaimed Money in the City of Fresno Treasury (Subject to Mayor’s Veto) The above item was introduced to Council by Director Lima, Finance Department. Discussion held. RESOLUTION 2019-245 ADOPTED On motion of Councilmember Karbassi, 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 1-C ID19-11521 Actions pertaining to the FY20 Salary Resolution No. 2019-135 and the FY20 Position Authorization Resolution (PAR) No. 2019-134 1. ***RESOLUTION - 3rd Amendment to FY 2020 Salary Resolution No. 2019-135, amending Exhibit 1, Unit 1, Non-Supervisory Blue Collar (Local 39) to add the flexible staffing footnote associated with the classifications of Wastewater Treatment Plant Technician and Wastewater Treatment Plant Specialist, effective December 9, 2019; Exhibit 2, Unit 2, Non-Represented Management and Confidential Classes (Non-Represented) to add the new classification of Executive Assistant to the Retirement Administrator and provide an associated salary range, effective December 9, 2019; Exhibit 13-1,Unit 13, Exempt Supervisory and Professional (CFPEA) to increase the salary range for Capital Development City of Fresno ***Subject to Mayoral Veto Page 13 City Council Meeting Minutes - Final December 5, 2019 Specialist, effective December 9, 2019; and Exhibit 14, Unit 14, Management Classes to retitle the classification of Community Sanitation Manager to Graffiti Abatement Manager and increase the salary range, and add the new classification of Retirement Accounting Manager and provide a salary range, effective December 9, 2019 (Subject to Mayor’s Veto) 2. ***RESOLUTION - 3rd Amendment to the Position Authorization Resolution (PAR) No. 2019-134 adding one (1) Retirement Accounting Manager, effective December 9, 2019 (Subject to Mayor’s Veto) The above item was introduced to Council by Director Cardell, Personnel Department. Discussion held. Council Vice President Arias requested that in the future when there are changes to salaries that has an impact on the budget, it should be done once there is a resolution on the carry-over funds. RESOLUTION 2019-246 ADOPTED RESOLUTION 2019-247 ADOPTED AS CORRECTED On motion of Vice President Arias, seconded by Councilmember Chavez, that the above Action Item be adopted as amended. The motion carried by the following vote: Aye: 7 - Caprioglio, Arias, Soria, Karbassi, Chavez, Bredefeld and Esparza 1-E ID19-11558 Approve the appointments of Linda T. Moreno and Julian A. Montalvo to the Civil Service Board The above item was introduced to Council by Director Cardell, Personnel Department. Discussion held. Council Vice President Arias motioned to continue the item to December 12, 2019. Councilmember Soria seconded the motion. Motion FAILED 4/3, Councilmember Bredefeld, Councilmember Chavez, Councilmember Karbassi and Council President Caprioglio voted no. City of Fresno ***Subject to Mayoral Veto Page 14 City Council Meeting Minutes - Final December 5, 2019 APPROVED On motion of Councilmember Bredefeld, seconded by Councilmember Karbassi, that the above Appointment be approved. The motion carried by the following vote: Aye: 5 - Caprioglio, Karbassi, Chavez, Bredefeld and Esparza No: 2 - Arias and Soria 1-H ID19-11611 Approve the appointments of Jenna Lukens and the reappointments of Chuck Riojas, David Mercer and Stuart Van Horn to the Fresno Regional Workforce Development Board The above item was introduced to Council by Government Affairs Director Ellis, Mayor's Office. Discussion held. APPROVED On motion of Vice President Arias, seconded by Councilmember Chavez, that the above Appointment be approved. The motion carried by the following vote: Aye: 7 - Caprioglio, Arias, Soria, Karbassi, Chavez, Bredefeld and Esparza 1-I ID19-11615 Approve Amendment No. 6 to the Copper River Ranch Water Supply Implementation Agreement approved by Fresno City Council on November 17, 2016 (Council District 6) The above item was introduced to Council by Director Carbajal, Department of Public Utilities and Developer Gary McDonald with Copper River Ranch. 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: City of Fresno ***Subject to Mayoral Veto Page 15 City Council Meeting Minutes - Final December 5, 2019 Aye: 7 - Caprioglio, Arias, Soria, Karbassi, Chavez, Bredefeld and Esparza GENERAL ADMINISTRATION (CONTINUED) 3-J ID19-11581 Award a contract in an amount not to exceed $991,800 for the purchase and delivery of up to 20,000 refuse and recycling containers using a cooperative purchase agreement (Citywide) Councilmember Karbassi left the meeting at 2:20 P.M. The above item was introduced to Council by Assistant Director Schuber, Department of Public Utilities. Upon call, there was no public comment and no Council Discussion. APPROVED On motion of Councilmember Esparza, seconded by Councilmember Bredefeld, 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 3-I ID19-11590 Actions pertaining to Traffic Signal Improvements at North Harrison and East Shields Avenues - Bid File No. 3697 (Council District 1) 1. Adopt a finding of Categorical Exemption per staff’s determination, pursuant to Section 15301/Class 1 and Section 15303/Class 3 of the State of California Environmental Quality Act (CEQA) Guidelines 2. Award a construction contract in the amount of $503,500 to Audeamus Inc., dba Sebastian of Fresno, CA, as the lowest responsive and responsible bidder for the Traffic Signal Improvements at North Harrison and East Shields Avenues There was no introduction to Council and upon call, there was no public comment. Councilmember Soria requested the staff work with the schools on notification and to update District 1. APPROVED City of Fresno ***Subject to Mayoral Veto Page 16 City Council Meeting Minutes - Final December 5, 2019 On motion of Councilmember Soria, seconded by President Caprioglio, 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 3-E ID19-11535 Approve the award of a purchase contract to Ruckstell Sales of Fresno, California, for the purchase of 13 Heil 520 Peterbilt side-loading refuse trucks in the amount of $4,947,079.46 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 Esparza, 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-D ID19-11533 Award a two-year requirements contract in the amount of $5,133,300 to Robert V. Jensen, Inc., of Fresno, California, with options for three one-year extensions to supply and deliver bulk gasoline and diesel fuel to the Department of Transportation Municipal Fleet Division fueling stations 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 Vice President Arias, 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-F ID19-11546 Approval of the 2019 Management Agreement between the City of Fresno and ASM Global for the management of the Fresno Convention and Entertainment Center City of Fresno ***Subject to Mayoral Veto Page 17 City Council Meeting Minutes - Final December 5, 2019 The above item was pulled from the agenda by Council Vice President Arias and continued to December 12, 2019. 3-H ID19-11584 ***RESOLUTION - 16th amendment to the Annual Appropriation Resolution No. 2019-133 to appropriate $8,160,000 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 pulled from the agenda by Council Vice President Arias and continued to December 12, 2019. 1:30 P.M.#2 ID19-11591 RESOLUTION - Initiating a text amendment to the Zoning Ordinance of the City of Fresno to Amend Chapter 15, Article 27, Section 15-2009 relating to security fencing, pursuant to Fresno Municipal Code Section 15-5803-A(1) The above item was introduced to Council by Councilmember Chavez, District 5 and Councilmember Bredefeld, District 6. Upon call, the following member of the public addressed Council: Randy Hergenroeder and Penny Murry. Council Vice President Arias asked that the ordinance include a 1000 to the buffer zone for sensitive uses, schools and parks and that the applicants go through the District Project Review Committees or their Councilmember for approval prior to installing a razor wire on their property. Councilmember Chavez and Councilmember Bredefeld agreed to the friendly amendment. Discussion held. RESOLUTION 2019-248 ADOPTED On motion of Councilmember Chavez, seconded by Councilmember Bredefeld, that the above Resolution 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 18 City Council Meeting Minutes - Final December 5, 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 member of the public addressed Council: David Love. 4. CITY COUNCIL 4-A ID19-11612 Approve the 2020 City Council Meeting schedule The above item was pulled from the agenda by Council Vice President Arias and continued to December 12, 2019. 5. CLOSED SESSION City Council recessed for Closed Session at 3:02 P.M. and returned from Closed Session at 4:10 P.M. The following items were discussed and there was no announcements after Closed Session. 5-A ID19-11520 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION - Government Code Section 54956.9, subdivision (d)(1) 1. Oney Durney vs. City of Fresno, psi, Administered by RISICO Claims Management; Workers’ Compensation Appeals Board Case No. ADJ9168538 5-B ID19-11585 CONFERENCE WITH LEGAL COUNSEL - PUBLIC SECURITY - Government Code Section 54957(a): Discuss security of City Hall 5-C ID19-11617 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Government Code Section 54956.9, subdivision (d)(1) 1. Muskan Food and Fuel, Inc. v. City of Fresno (Planning and Development) 5-D ID19-11616 CONFERENCE WITH LABOR NEGOTIATORS - Government Code Section 54957.6 City Negotiators: Jeffrey Cardell, Ken Phillips Employee Organizations: 1. International Union of Operating Engineers, Stationary Engineers, Local 39 (Local 39) 2. City of Fresno Management Employees Association (CFMEA) City of Fresno ***Subject to Mayoral Veto Page 19 City Council Meeting Minutes - Final December 5, 2019 GENERAL ADMINISTRATION (CONTINUED) 3-G ID19-11549 Award a Requirements Contract for Security Services Program at Municipal Service Center, City Hall and Various Other City Locations in the amount of $1,251,778.58 per year for three years with an option for two one-year extensions to American Guard Services. Bid File 9494 (Council District 3) Councilmember Karbassi returned to the meeting at 2:27 P.M. The above item was introduced to Council by Supervising Engineering Tech Bernard, Public Works Department. Upon call, there was no public comment. Discussion held. City Council continued this item until after Closed Session was discussed. City Council recessed into Closed Session at 3:02 P.M. and returned from Closed Session at 4:10 A.M. Councilmember Soria left the meeting at 4:12 P.M. The item was reconvened and there was no further discussion. APPROVED On motion of Councilmember Chavez, 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 No: 1 - Soria ADJOURNMENT City Council adjourned at 4:13 P.M. City of Fresno ***Subject to Mayoral Veto Page 20 City Council Meeting Minutes - Final December 5, 2019 City of Fresno ***Subject to Mayoral Veto Page 21