City Council

City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Meeting Minutes - Final Thursday, June 18, 2020 9:00 AM Regular Meeting Electronic Meeting City Council President - Miguel Angel Arias Vice President - Paul Caprioglio 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 June 18, 2020 City Council met in regular session, City Hall on the date and time written above. 9:07 A.M. ROLL CALL Present: 7 - President Miguel Angel Arias Vice President Paul Caprioglio Councilmember Esmeralda Z. Soria Councilmember Mike Karbassi Councilmember Luis Chavez Councilmember Garry Bredefeld Councilmember Nelson Esparza Pledge of Allegiance to the Flag APPROVE AGENDA City Clerk Spence announced the following changes to the agenda: File ID 20-00909 -“Proclamation of Black Lives Matter" was added to the agenda and sponsored by Councilmember Karbassi, Councilmember Esparza, and Mayor and City Manager's Office, File ID 20-00776 (1-A) – Approval of Minutes for June 11, 2020 regular meeting and June 11, 2020 special emergency open session meeting were continued to June 25, 2020, File ID 20-00697 (1-S) -Council Boards and Commissions, there was a correction to the Census Committee, members should be Council President Arias, Councilmember Esparza and Councilmember Karbassi, and File ID 20-00769 (5-A) - Conference with Legal Counsel Existing Litigation case name: State of California, Ex Rel. v. Cellco Partnership, et al. Case No. 34-2012-00127517 was removed from the agenda. The following items were pulled from Consent Calendar and moved to Contested Consent for further discussion. 1. File ID 20-00760 (1-K)-Resolution Authorizing the Department of Public Works to submit Grant Applications totaling up to $11 million in requests for funding to the California Department of Transportation’s Active Transportation Program Cycle 5 Call for Projects was pulled by Councilmember Soria. 2. File ID 20-00800 (1-N)- Actions pertaining to proposed Substantial Amendment to 2019-03 to the 2019-2020 Annual Action Plan was pulled by City of Fresno ***Subject to Mayoral Veto Page 2 City Council Meeting Minutes - Final June 18, 2020 Councilmember Soria. 3. File ID 20-00803 (1-P)-Actions pertaining to COIVD-19 response and the Mobile HeaL Project was pulled by Councilmember Chavez. 4. File ID 20-00810 (1-Q) - ***Resolution - Limiting the filling of positions, raises, and promotions (Subject to Mayor's veto) was pulled by Councilmember Karbassi, Councilmember Chavez, and Councilmember Soria. On motion of Councilmember Chavez, seconded by Vice President Caprioglio,the above MINUTES were approved as amended. The motion carried by the following vote: Aye: 7 - Arias, Caprioglio, Soria, Karbassi, Chavez, Bredefeld and Esparza CEREMONIAL PRESENTATIONS ID Proclamation of “Liz Harrison Day” 20-00807 PRESENTED ID Proclamation of “Black Lives Matter” 20-00909 PRESENTED COUNCILMEMBER REPORTS AND COMMENTS Councilmember Esparza acknowledged the Supreme Court decision on Deferred Action for Childhood Arrivals (DACA) and amended the following motions. 8. Motion to add three Fire Captains as safety officer positions with no funding source identified. Councilmember Bredefeld agreed to the amendment. 11. Motion to allocate annually $125,000 at a minimum and $300,000 at a maximum for three years towards Advance Peace program with Police Department revolving salary savings and include in 5 year projection. City of Fresno ***Subject to Mayoral Veto Page 3 City Council Meeting Minutes - Final June 18, 2020 Councilmember Soria agreed to the amendment. The following were new motions taken during Councilmember Reports and Comments. Council Vice President Caprioglio motioned to allocate $200,000 for tot lot and ADA improvements for the Tollhouse Park. Council President Arias seconded the motion. Council Vice President Caprioglio motioned to facilitate playground misting system at the El Dorado Park. Councilmember Karbassi seconded the motion. Council Vice President Caprioglio motioned to add additional lighting on the Northwest corner of Vinland Park. Councilmember Karbassi seconded the motion. Council Vice President Caprioglio motioned to add an exterior bathroom at the Discovery Center. Motion FAILED for lack of second. Council Vice President Caprioglio motioned to add seven Neighborhood Police Officers, one per district. Councilmember Karbassi seconded the motion. Council Vice President Caprioglio motioned within 15 business days from the end of each fiscal year quarter, the City Council will receive a report that indicates the amount of attrition savings realized during the quarter on a department-by-department basis and the estimated total attrition savings included in the current fiscal year budget. Following the first such report for a fiscal year, each subsequent report shall include the information from the prior quarter(s) and the cumulative attrition savings attained for the fiscal year. Council President Arias seconded the motion. Council Vice President Caprioglio directed staff to provide Council with a status update on: 1) Paving for alleys in El Dorado, 2) Paving projects for Fountain Way (Cedar and Shields), and 3) a status update on the McKinley Trail. City of Fresno ***Subject to Mayoral Veto Page 4 City Council Meeting Minutes - Final June 18, 2020 Council President Arias motioned to fund half a million dollars in Community Development Block Grant (CDBG) funding to restore the historic Armenian Town buildings. Councilmember Karbassi seconded the motion. Council President Arias motioned to re appropriate $1 million from the Darling Plant relocation to fund the development across the West Fresno's Neighborhood Initiative. Councilmember Esparza seconded the motion. Councilmember Soria motioned to allocate $1 million from the Housing Trust Fund, plus 50% of the Redevelopment Agency (RDA) monies that are being received, to bring forward a plan to further housing initiatives. Council President Arias seconded the motion. Councilmember Chavez reminded the Council of the up coming budget deficit for Fiscal Year 2021. 1. CONSENT CALENDAR Upon call, the following members of the public addressed Council: Lisa Flores and Matthew Woods. On motion of Vice President Caprioglio, seconded by Councilmember Esparza,the below CONSENT CALENDAR items were approved. The motion carried by the following vote: Aye: 7 - Arias, Caprioglio, Soria, Karbassi, Chavez, Bredefeld and Esparza 1-A ID Approval of Minutes for the June 9, 2020 Budget Meeting, the June 11, 20-00776 2020 Regular Meeting, and the June 11, 2020 Special Emergency Meeting. The Minutes for June 11, 2020 Regular Meeting and June 11, 2020 Special Emergency Open Session Meeting were continued to June 25, 2020. The June 9, 2020 Budget Minutes were approved. 1-B ID 20-00719 Actions pertaining to Fresno Yosemite International Airport’s Parking Garage financing (Council District 4): 1. ***RESOLUTION - 51th Amendment to the Annual Appropriations Resolution (AAR) No. 2019-133 to Appropriate an Additional $525,000 City of Fresno ***Subject to Mayoral Veto Page 5 City Council Meeting Minutes - Final June 18, 2020 to the State of California Infrastructure Bank Bond Debt Service Fund for the Airport Parking Garage Debt Service Payment Funded with FY 2020 Airport Revenues (Requires 5 affirmative votes) (Subject to Mayor’s veto) RESOLUTION 2020-131 ADOPTED 1-C ID Approve a Consultant Services Agreement with Water Systems 20-00695 Consulting, Inc., for preparation of the 2020 Metropolitan Water Resources Management Plan and Programmatic Environmental Impact Report, and 2020 Urban Water Management Plan, for an amount not to exceed $2,005,762. (Citywide) 1-D ID Actions pertaining to preparation of a Nitrate Initial Assessment for the 20-00711 Fresno-Clovis Regional Wastewater Reclamation Facility and the North Fresno Wastewater Reclamation Facility (Council Districts 3 and 6): 1. Adopt a finding of Categorical Exemption pursuant to Section 15306/Class 6 of the California Environmental Quality Act (CEQA) Guidelines. 2. Approve a consultant services agreement with Carollo Engineers, Inc., for an amount not to exceed $830,640 plus a contingency amount not to exceed $83,100 1-E ID 20-00801 Award a Construction Contract to Smith Construction Company, Inc., in the amount of $375,955.12, for construction of well site improvements at Pump Station 60A, located at 728 W Vassar Avenue (Bid File 3726) (Council District 1) 1-F ID Approve the award of a purchase contract to EZ Liner of Orange City, Iowa, 20-00699 for the purchase of one striper truck in the amount of $624,540 1-G ID Reject all bids for the purchase of seven 2019 Ford EcoSport S (Bid File 20-00703 3686) 1-H ID ***RESOLUTION - Approve the Department of Transportation to execute 20-00712 and file all necessary documents on behalf of the City of Fresno pertaining to the California Air Resources Board Innovative Clean Transit Regulation (Subject to Mayor’s veto) RESOLUTION 2020-132 ADOPTED 1-I ID Actions pertaining to California Avenue and Walnut Avenue Traffic Signal 20-00706 Improvements - Bid File 3733 (Council District 3) 1. Adopt a finding of Categorical Exemption per staff determination pursuant to Section 15301, Section 15302, and Section 15304 of the California Environmental Quality Act (CEQA) Guidelines City of Fresno ***Subject to Mayoral Veto Page 6 City Council Meeting Minutes - Final June 18, 2020 2. Award a construction contract in the amount of $605,918 to Dawson-Mauldin LLC., of Fresno, CA 1-J ID 20-00708 RESOLUTION - Approving the Final Map of Tract No. 6214, Phase 1 of Vesting Tentative Tract Map No. 6214, and accepting dedicated public uses offered therein except for dedications offered subject to City acceptance of developer installed required improvements - East side of North Fowler Avenue between East Clinton Avenue and the East McKinley Avenue alignment (Council District 4) RESOLUTION 2020-133 ADOPTED 1-K ID RESOLUTION - Authorizing the Department of Public Works to Submit 20-00760 Grant Applications Totaling up to $11 Million in Requests for Funding to the California Department of Transportation's Active Transportation Program Cycle 5 Call for Projects, and authorizing the execution of application related documents by the Public Works Director or designee (Council Districts 1,3,4,5 and 7) The above item was pulled from Consent Calendar by Councilmember Soria and moved to Contested Consent for further discussion. 1-L ID RESOLUTION - Of Intention to Annex Final Parcel Map No. 2018-04 20-00779 (Parcels A to E, and the Remainder Parcel) as Annexation No. 110 to the City of Fresno Community Facilities District No. 11 and to Authorize the Levy of Special Taxes; and setting the public hearing for Thursday, July 16, 2020, at 10:00 a.m. (north side of West Providence Avenue between North Cornelia and Lodi Avenues) (Council District 3) RESOLUTION 2020-135 ADOPTED 1-M ID RESOLUTION - Of Intention to Annex the Territory Known as Assessor’s 20-00786 Parcel Numbers 504-092-34S, 504-092-38S, and 504-092-42S (El Paseo Phase II Development) as Annexation No. 35 to the City of Fresno Community Facilities District No. 9 and to Authorize the Levy of Special Taxes; and setting the public hearing for Thursday, July 16, 2020, at 10:00 am (southwest side of North Riverside Drive, south of West Herndon Avenue) (Council District 2) RESOLUTION 2020-136 ADOPTED 1-N ID Actions pertaining to proposed Substantial Amendment 2019-03 to the 20-00800 2019-2020 Annual Action Plan: 1. RESOLUTION - Adopting Substantial Amendment 2019-03 to the 2019-2020 Annual Action Plan and COVID-19 Amendments to the Citizen Participation Plan to submit a request to the U.S. City of Fresno ***Subject to Mayoral Veto Page 7 City Council Meeting Minutes - Final June 18, 2020 Department of Housing and Urban Development (HUD) to program Emergency Solutions Grant-Coronavirus (ESG-CV) and Housing Opportunities for Persons with AIDS-Coronavirus (HOPWA-CV) funds to prevent, prepare for, and respond to the coronavirus (COVID-19) and authorizing the City Manager to sign all necessary implementing documents 2. Approve a $1,998,334.50 HEARTH Emergency Solutions Grant (HESG) Agreement with the County of Fresno Department of Social Services for implementation of the joint COVID-19 homelessness response plan 3. Approve a $87,020 Housing Opportunities for Persons with AIDS (HOPWA) Agreement with WestCare California for COVID-19 response 4. ***RESOLUTION - Adopting the 49th amendment to the Annual Appropriation Resolution No. 2019-133 appropriating $2,196,100 for COVID-19 related homeless and special needs services through federal entitlement grant programs (Requires 5 affirmative votes) (Subject to Mayor’s veto) The above item was pulled from Consent Calendar by Councilmember Soria and moved to Contested Consent for further discussion. 1-O ID Actions pertaining to Acquisition of 5191 North Sixth Street (APN 20-00709 418-401-09): 1. Adopt a finding of Categorical Exemption pursuant to Section 15301/Class 1 of the California Environmental Quality Act (CEQA) guidelines. 2. Approve Purchase and Sale Agreement with Proactive Enterprises, LLC, in the amount of $675,000 for real property located at 5191 North Sixth Street (APN 418-401-09) for the development of a community center (District 4). 1-P ID Action pertaining to COVID-19 response and the Mobile HeaL Project: 20-00803 1. Adopt a finding that approval of this grant agreement is covered by the common sense exemption set forth in CEQA Guidelines Section 15061(c)(3) on the basis that it can be seen with certainty that there is no possibility that it may have a significant effect on the environment. 2. Authorize the City Manager to develop and sign a grant agreement with UCSF Fresno for a $5 million Mobile HeaL Project 3. ***RESOLUTION - Adopting the 57th amendment to the Annual Appropriation Resolution No. 2019-133 appropriating $5 million from the City’s Coronavirus Relief Fund to fund the Mobile HeaL Project. (Requires 5 Votes) (Subject to Mayor’s Veto) The above item was pulled from Consent Calendar by Councilmember City of Fresno ***Subject to Mayoral Veto Page 8 City Council Meeting Minutes - Final June 18, 2020 Chavez and moved to Contested Consent for further discussion. 1-Q ID ***RESOLUTION - Limiting the filling of positions, raises, and promotions 20-00810 (Subject to Mayor’s Veto) The above item was pulled from Consent Calendar by Councilmember Karbassi and moved to Contested Consent for further discussion. 1-R ID ***RESOLUTION - To immediately ban use of carotid restraint by the 20-00806 Fresno Police Department (Subject to Mayor’s Veto). RESOLUTION 2020-140 ADOPTED 1-S ID Council Boards and Commissions Communications, Reports, 20-00697 Assignments and/or Appointments, Reappointments, Removals to/from City and non-City Boards and Commissions 2. Approve the appointments of Councilmember Soria as Chair and Council President Arias as Vice Chair to the Successor Agency to the Redevelopment Agency of the City of Fresno CONTESTED CONSENT CALENDAR 1-K ID RESOLUTION - Authorizing the Department of Public Works to Submit 20-00760 Grant Applications Totaling up to $11 Million in Requests for Funding to the California Department of Transportation's Active Transportation Program Cycle 5 Call for Projects, and authorizing the execution of application related documents by the Public Works Director or designee (Council Districts 1,3,4,5 and 7) Councilmember Soria motioned to directed staff to include a quick build bike lane that connects downtown on Palm Avenue all the way to Dakota and would like the City of Fresno to work with the County of Fresno to figure out how to connect the gap from Dakota to South Shaw and Shaw and North Shaw. This does not have any General Fund impact and would be funded the Grant and the City would be the lead applicant. Councilmember Karbassi seconded the motion. RESOLUTION 2020-134 ADOPTED AS AMENDED On motion of Councilmember Soria, seconded by Councilmember Karbassi, that the above Action Item be adopted as amended. The motion carried by the following vote: Aye: 7 - Arias, Caprioglio, Soria, Karbassi, Chavez, Bredefeld and Esparza City of Fresno ***Subject to Mayoral Veto Page 9 City Council Meeting Minutes - Final June 18, 2020 1-N ID Actions pertaining to proposed Substantial Amendment 2019-03 to the 20-00800 2019-2020 Annual Action Plan: 1. RESOLUTION - Adopting Substantial Amendment 2019-03 to the 2019-2020 Annual Action Plan and COVID-19 Amendments to the Citizen Participation Plan to submit a request to the U.S. Department of Housing and Urban Development (HUD) to program Emergency Solutions Grant-Coronavirus (ESG-CV) and Housing Opportunities for Persons with AIDS-Coronavirus (HOPWA-CV) funds to prevent, prepare for, and respond to the coronavirus (COVID-19) and authorizing the City Manager to sign all necessary implementing documents 2. Approve a $1,998,334.50 HEARTH Emergency Solutions Grant (HESG) Agreement with the County of Fresno Department of Social Services for implementation of the joint COVID-19 homelessness response plan 3. Approve a $87,020 Housing Opportunities for Persons with AIDS (HOPWA) Agreement with WestCare California for COVID-19 response 4. ***RESOLUTION - Adopting the 49th amendment to the Annual Appropriation Resolution No. 2019-133 appropriating $2,196,100 for COVID-19 related homeless and special needs services through federal entitlement grant programs (Requires 5 affirmative votes) (Subject to Mayor’s veto) The above item was introduced to Council by Director Clark, Planning and Development and Director Strategic Initiatives Spees, Mayor's Office. Councilmember Soria asked what the City of Fresno is getting in terms of housing units, and for how long as it relates to COVID-19. RESOLUTION 2020-137 ADOPTED RESOLUTION 2020-138 ADOPTED On motion of Councilmember Soria, seconded by Councilmember Esparza, that the above Action Item be adopted. The motion carried by the following vote: Aye: 7 - Arias, Caprioglio, Soria, Karbassi, Chavez, Bredefeld and Esparza 1-P ID Action pertaining to COVID-19 response and the Mobile HeaL Project: 20-00803 1. Adopt a finding that approval of this grant agreement is covered by the common sense exemption set forth in CEQA Guidelines Section 15061(c)(3) on the basis that it can be seen with certainty that there City of Fresno ***Subject to Mayoral Veto Page 10 City Council Meeting Minutes - Final June 18, 2020 is no possibility that it may have a significant effect on the environment. 2. Authorize the City Manager to develop and sign a grant agreement with UCSF Fresno for a $5 million Mobile HeaL Project 3. ***RESOLUTION - Adopting the 57th amendment to the Annual Appropriation Resolution No. 2019-133 appropriating $5 million from the City’s Coronavirus Relief Fund to fund the Mobile HeaL Project. (Requires 5 Votes) (Subject to Mayor’s Veto) The above item was introduced to Council by Dr. Michael Peterson with University of California, San Francisco (UCSF). Councilmember Chavez asked questions regarding the three phases, the units will go through and service the City of Fresno. He asked if University of California, San Francisco (UCSF) will own, operate and maintain the vehicles. Dr. Peterson responded yes. He asked about the Scope of Work and if other health services will be provided to the community. He asked if UCSF has access to the data that the County of Fresno is tracking by zip code and if Phase one has already been identified. He would like the Southeast to be included and to work with Fresno Center and Reading and Beyond. Councilmember Chavez motioned to approve as presented. Councilmember Soria seconded the motion. Councilmember Soria amended the motion to create a Community Advisory Committee with five to seven people, that would work in tandem with the UCSF projects and be a representative of those who will be impacted. The committee should have representatives of the black and immigrant of refugee communities. Additionally to ensure the mobile health project is in alignment with their goals. Councilmember Chavez agreed to the amendment. Councilmember Karbassi asked about the $454,000 indirect cost and what the cost was for and why there is an overhead cost. He asked if the assets purchased with stay with the UCSF or if it would remain with the City of Fresno. Dr. Peterson responded. Councilmember Bredefeld asked what the rules and responsibilities of the City of Fresno ***Subject to Mayoral Veto Page 11 City Council Meeting Minutes - Final June 18, 2020 Community Advisory Committee would be. Councilmember Soria responded the committee will be working and giving feedback to the UCSF. Council President Arias amended the motion to require the UCSF utilize the County of Fresno infection data and provide services based on the data and asked when partnering with Community organizations that the cost will not be transferred to the community organizations, that the contact will pay all cost associated with the program. Councilmember Chavez and Councilmember Soria agreed to the amendment. Councilmember Karbassi asked if the program can fund an analysis or two positions in order to fill the role and cut cost of the tax payers. Dr. Peterson responded. Councilmember Chavez motioned to approve and to create a Community Advisory Committee with five to seven people, that would work in tandem with the UCSF projects and be a representative of those who will be impacted. The committee should have representatives of the black and immigrant of refugee community. Additionally to ensure the mobile health project is in alignment with their goals. To require the UCSF utilize the County of Fresno infection data and provide services based on the data and when partnering with Community organizations that the cost will not be transferred to the community organizations, that the contact will pay for all cost associated with the program. Councilmember Soria seconded the motion. RESOLUTION 2020-139 ADOPTED AS AMENDED WITH DIRECTION TO STAFF On motion of Councilmember Chavez, seconded by Councilmember Soria, that the above Action Item be adopted as amended. The motion carried by the following vote: Aye: 7 - Arias, Caprioglio, Soria, Karbassi, Chavez, Bredefeld and Esparza 1-Q ID ***RESOLUTION - Limiting the filling of positions, raises, and promotions 20-00810 (Subject to Mayor’s Veto) The above item was introduced to Council by Council President Arias, City of Fresno ***Subject to Mayoral Veto Page 12 City Council Meeting Minutes - Final June 18, 2020 District 3, City Manager Quan, City Manager's Office and Director Cardell, Personnel Department. Discussion was held between Councilmembers and the Administration regarding not impacting any of the Capital Projects, having more conversation regarding the budget and to include the Airports as an exemption form the Resolution. Councilmember Chavez motioned to continue the item to June 25, 2020 Council Meeting and direct City Manager to fill vacancies related to Capital Projects positions that can be funded by the grant to avoid any delays. Councilmember Karbassi seconded the motion. On motion of Councilmember Chavez, seconded by Councilmember Karbassi, that the above Action Item be continued. The motion carried by the following vote: Aye: 7 - Arias, Caprioglio, Soria, Karbassi, Chavez, Bredefeld and Esparza 2. SCHEDULED COUNCIL HEARINGS AND MATTERS 10:00 A.M. #1 ID HEARING to adopt resolutions and ordinance to annex territory 20-00705 and levy a special tax regarding City of Fresno Community Facilities District No. 11, Annexation No. 109 (Final Tract Map No. 6198) (northwest corner of West Shaw and North Grantland Avenues) (Council District 2) 1. ***RESOLUTION - to Annex Territory to Community Facilities District No. 11 and Authorizing the Levy of a Special Tax for Annexation No. 109 (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. 109 (Subject to Mayor’s Veto) The item was called to order at 10:50 A.M. There was no introduction to City of Fresno ***Subject to Mayoral Veto Page 13 City Council Meeting Minutes - Final June 18, 2020 Council. Upon call, there was no public comment and no Council discussion. RESOLUTION 2020-141 ADOPTED RESOLUTION 2020-142 ADOPTED RESOLUTION 2020-143 ADOPTED BILL-17/ORDINANCE NO. 2020-017 ADOPTED On motion of Councilmember Karbassi, seconded by President Arias, that the above Action Item be adopted. The motion carried by the following vote: Aye: 7 - Arias, Caprioglio, Soria, Karbassi, Chavez, Bredefeld and Esparza 10:00 A.M. #2 ID HEARING to consider the proposed Annual Assessment for the City of 20-00624 Fresno Landscaping and Lighting Maintenance District No. 1 (Citywide) 1. ***RESOLUTION - Confirming the diagram and assessment and levy of annual assessment, 2020-2021, for Landscaping and Lighting District No. 1 (Subject to Mayor’s Veto) The above item was called to order at 10:52 A.M. There was no introduction to Council. Upon call, there was no public comment and no Council discussion. RESOLUTION 2020-144 ADOPTED On motion of Councilmember Bredefeld, seconded by President Arias, that the above Action Item be adopted. The motion carried by the following vote: Aye: 7 - Arias, Caprioglio, Soria, Karbassi, Chavez, Bredefeld and Esparza 10:05 A.M. ID HEARING to consider Annexation Application No. P19-06018, Plan 20-00754 Amendment/Prezone Application No. P19-06286; Planned Development Permit Application No. P20-00369; Vesting Tentative Tract Map No. 6241; and, related Environmental Assessment No. P19-06018/P19-06286/P20-00369/T-6241 for approximately 79.12 acres of property located near the southwest corner of East Clinton and North City of Fresno ***Subject to Mayoral Veto Page 14 City Council Meeting Minutes - Final June 18, 2020 Armstrong Avenues (Council District 4) - Planning and Development Department. 1. ADOPT the Mitigated Negative Declaration prepared for Environmental Assessment No. P19-06018/P19-06286/P20- 00369/T-6241 dated May 15, 2020 for the proposed project pursuant to the California Environmental Quality Act (CEQA). 2. ***RESOLUTION - Approving Annexation Application No. P19- 06018 (for the Clinton-Armstrong No. 3 Reorganization) proposing detachment from the Fresno County Fire Protection District and the Kings River Conservation District and annexation to the City of Fresno. (Subject to Mayor’s Veto). 3. RESOLUTION - Approving Plan Amendment Application No. P19- 06286 proposing to amend the Fresno General Plan and the McLane Community Plan to change the planned land use designations for a portion of the subject property from Residential Urban Neighborhood (±8.83 acres) to Medium Density Residential (±8.83 acres). 4. BILL - (For introduction and adoption) approving Pre-zone Application No. P19-06286 proposing to pre-zone the subject property from the Fresno County AE ( Exclusive Residential) zone district to the RS-5/UGM/ANX (Residential Single Family/Urban Growth Management/Annexed Rural Residential Transitional Overlay) zone district (±59.32 acres) and RS-5/UGM ( Residential Single Family/Urban Growth Management) zone district (±19.8). 5. APPROVE - Planned Development Application No. P20-00369 requesting authorization for modified lot size and setback standards. 6. APPROVE - Vesting Tentative Tract Map No. 6241, proposing to subdivide approximately 19.8 acres of the subject property into a 225 -lot single-family residential development subject to compliance with the Conditions of Approval dated June 18, 2020, and contingent upon approval of Annexation No. P19-06018, Plan Amendment Application No. P19-06286, Pre-zone Application No. P19-06286 and the related environmental assessment. The item was called to order at 10:53 A.M. There was no introduction to Council and no Council discussion. Upon call, the following member of the public addressed Council: Dirk Poeschel. RESOLUTION 2020-145 ADOPTED City of Fresno ***Subject to Mayoral Veto Page 15 City Council Meeting Minutes - Final June 18, 2020 RESOLUTION 2020-146 ADOPTED B-21/ORDINANCE NO. 2020-021 ADOPTED On motion of Vice President Caprioglio, seconded by President Arias, that the above Action Item be adopted. The motion carried by the following vote: Aye: 7 - Arias, Caprioglio, Soria, Karbassi, Chavez, Bredefeld and Esparza 10:15 A.M. ID (CONTINUED - FROM JANUARY 16, 2020) 20-00791 RESOLUTION - Initiation of the Central Southeast Specific Plan (Plan), pertaining to approximately 2,200 acres in the Established Neighborhoods South of Shaw Area of the Fresno General Plan, filed by the City of Fresno Planning and Development Department Director. 1. RESOLUTION - Initiating the Central Southeast Specific Plan Proposed Land Use Map and Guiding Principles and the corresponding amendment of the General Plan, and repeal or amendment of the Specific Plan for the Butler/Willow Area and the Roosevelt Community Plan pertaining to approximately 2,200 acres located in the Established Neighborhoods South of Shaw Area to allow for future adoption of the Central Southeast Specific Plan, pursuant to Fresno Municipal Code Section 15-4902-B. The above item was introduced to Council by Councilmember Chavez, District 5. Upon call, the following member of the public addressed Council: Grecia Elenes. Councilmember Chavez motioned to approve the initiation with the following modifications: to move to amend the boundary of the Central Southeast Specific Plan to exclude the following Assessor Parcel Numbers (APN): 48011014, 48011029S, 48011022, 48011041S, 48011042S, 48007053, 48007065S, 48005012S, 48005011S, 48005023U, 48005017, 48005016, 48005025U, 48005009, 48005008S, 48005026S, 48005006, 48005003, and 48005010s. This means that with this action, the City of Fresno is not initiating changes to the land use designation of these parcel. It is further moved to direct staff to include these APN's within the boundary of the South Central Specific Plan instead. Councilmember Soria seconded the motion. City of Fresno ***Subject to Mayoral Veto Page 16 City Council Meeting Minutes - Final June 18, 2020 Councilmember Chavez would like the subsequence outreach with the communities of Calwa and Malaga. RESOLUTION 2020-147 ADOPTED On motion of Vice President Caprioglio, seconded by Councilmember Soria, that the above Action Item be adopted as amended. The motion carried by the following vote: Aye: 7 - Arias, Caprioglio, Soria, Karbassi, Chavez, Bredefeld and Esparza 10:10 A.M. ID Hearing to consider adoption of Vehicle Miles Traveled Thresholds 20-00725 pursuant to Senate Bill 743, which requires local jurisdictions in California to adopt such thresholds by July 1, 2020: 1. RESOLUTION - Adopting Vehicle Miles Traveled Thresholds as described in the “CEQA Guidelines for Vehicle Miles Traveled Thresholds” document dated June 18, 2020, prepared pursuant to the requirements of California Public Resources Code Section 21099, and CEQA Guidelines Sections 15064.3(b) and 15064.7 2. Direct staff to pursue a mitigation program that includes creation of a citywide mitigation bank, exchange, or other mechanism to allow more options for VMT mitigation. The item was called to order at 10:58 A.M. There was no introduction to Council and upon call, the following member of the public addressed Council: Grecia Elenes. Councilmember Soria motioned to continued the to June 25, 2020 at 10:10 A.M. Council President Arias seconded the motion. On motion of Councilmember Soria, seconded by President Arias, that the above Action Item be continued. The motion carried by the following vote: Aye: 7 - Arias, Caprioglio, Soria, Karbassi, Chavez, Bredefeld and Esparza 3. GENERAL ADMINISTRATION There were no items under General Administration. City of Fresno ***Subject to Mayoral Veto Page 17 City Council Meeting Minutes - Final June 18, 2020 4. CITY COUNCIL 4-A ID BILL (for introduction and adoption) - Amending Section 2-514 of the 20-00793 Fresno Municipal Code in response to the COVID-19 pandemic (requires 5 votes) The above item was introduced to Council by Councilmember Esparza, District 7. Discussion was held between Councilmembers regarding the enforcement of wearing a facial mask inside and outside a business, members of the public having the ability to call the hot line number and report offenders and how Code Enforcement would be enforcing the policy. Councilmember Chavez expressed his concerns with bars being opened and not following the mask requirements. Councilmember Bredefeld does not support the new policy where members of the community can call the hot line number to report offenders. Councilmember Soria requested the matter be continued to June 25, 2020. Councilmember Esparza motioned to continue the matter to June 25, 2020. Councilmember Soria seconded the motion. On motion of Councilmember Esparza, seconded by Councilmember Soria, that the above Action Item be continued. The motion carried by the following vote: Aye: 7 - Arias, Caprioglio, Soria, Karbassi, Chavez, Bredefeld and Esparza 4-B ID BILL- (For introduction) Amending Section 9-3316 of the Fresno Municipal 20-00798 Code, relating to initial application process for cannabis retail business and commercial cannabis business. The above item was introduced to Council by Councilmember Esparza, District 7. Upon call, the following members of the public addressed Council Caity Maple, Dillon Savory, Nichole Rice and Sam Frank. Councilmember Chavez asked if the applications process regarding social policy is an option and not a requirement to hire one of each but can pick City of Fresno ***Subject to Mayoral Veto Page 18 City Council Meeting Minutes - Final June 18, 2020 from the options. Councilmember Esparza responded. BILL NO. 22 APPROVED, INTRODUCED AND LAID OVER On motion of Councilmember Esparza, seconded by Councilmember Chavez, that the above Action Item be approved. The motion carried by the following vote: Aye: 6 - Arias, Caprioglio, Soria, Karbassi, Chavez and Esparza No: 1 - Bredefeld City Council recessed for lunch at 11:53 A.M. and returned from lunch at 1:39 P.M. 5. CLOSED SESSION City Council recessed into Closed Session at 1:39 P.M. and returned from Closed Session at 2:30 P.M. There was no announcements after Closed Session and the below item was discussed. 5-A ID 20-00769 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Case Name: State of California, Ex Rel. v. Cellco Partnership, et al. Case No. 34-2012-00127517 The above item was removed from the agenda. 5-B ID CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION or 20-00804 DECIDING WHETHER TO INITIATE LITIGATION Government Code Section 54956.9, subdivision (d)(2) City of Fresno v. County of Fresno PLEASE NOTE: UNSCHEDULED COMMUNICATION IS NOT SCHEDULED FOR A SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING UNSCHEDULED COMMUNICATION Unscheduled Communication was taken with Consent Calendar. ADJOURNMENT City of Fresno ***Subject to Mayoral Veto Page 19 City Council Meeting Minutes - Final June 18, 2020 City Council adjourned at 2:30 P.M. City of Fresno ***Subject to Mayoral Veto Page 20