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City Council

Regular Meeting

Fresno, CA · April 7, 2022

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Minutes

City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Meeting Minutes - Final Thursday, April 7, 2022 8:00 AM Special Meeting Electronic Meeting Only City Council President - Nelson Esparza Vice President - Tyler Maxwell Councilmembers: Esmeralda Z. Soria, Mike Karbassi, Miguel Angel Arias, Luis Chavez, Garry Bredefeld City Manager - Georgeanne A. White City Attorney - Douglas T. Sloan City Clerk - Todd Stermer, CMC City Council Meeting Minutes - Final April 7, 2022 The City Council for the City of Fresno convened for an electronic only, special session on April 7, 2022, at 8:00 A.M. 8:00 A.M. ROLL CALL Present: 6 - Council President Nelson Esparza Vice President Tyler Maxwell Councilmember Esmeralda Z. Soria Councilmember Mike Karbassi Councilmember Miguel Angel Arias Councilmember Garry Bredefeld Absent: 1 - Councilmember Luis Chavez APPROVAL OF AGENDA On motion of Councilmember Arias, seconded by Vice President Maxwell,the above Action was APPROVED. The motion carried by the following vote: Aye: 4 - Esparza, Maxwell, Soria and Arias No: 2 - Karbassi and Bredefeld Absent: 1 - Chavez ID 22-556 Notice of Special Meeting- Signed GENERAL ADMINISTRATION Upon call, the following members of the public addressed Council: Brandi Nuse-Villegas; Kimberly McCoy; Haley White; Robert McCloskey; Lisa Flores; and Harman Singh. 1. ID 22-550 Actions pertaining to a Solar Energy Ground Lease between City of Fresno and Fresno Community Solar Developers, LLC., at the Regional Wastewater Reclamation Facility (Council District 3): 1. Adopt Addendum to Mitigated Negative Declaration No. P21- 02498, in accordance with Section 15164 of the California Environmental Quality Act (CEQA) Guidelines; and 2. Approve the First Amendment to the Agreement for Solar Energy Ground Lease between City of Fresno and Fresno Community Solar Developers, LLC. for the lease of land at the Fresno Clovis Regional Wastewater Reclamation Facility, to modify the City of Fresno ***Subject to Mayoral Veto Page 2 City Council Meeting Minutes - Final April 7, 2022 boundaries of the leased premises, with no change in the total acres to be leased. The above item was presented to Council by Councilmember Arias and City Manager White. APPROVED On motion of Councilmember Arias, seconded by Council President Esparza, that the above Action Item be APPROVED. The motion carried by the following vote: Aye: 5 - Esparza, Maxwell, Soria, Arias and Bredefeld No: 1 - Karbassi Absent: 1 - Chavez 2. ID 22-426 ***RESOLUTION - Confirming emergency conditions continue to directly impact the ability of legislative bodies to meet safely in person, and authorizing remote teleconference meetings of City legislative bodies for 30 days, pursuant to Brown Act provisions (Subject to Mayor’s Veto). There was no staff presentation on the above item. Councilmember Bredefeld spoke in opposition of the item. RESOLUTION 2022-077 ADOPTED On motion of Council President Esparza, seconded by Councilmember Arias, that the above Action Item be ADOPTED. The motion carried by the following vote: Aye: 5 - Esparza, Maxwell, Soria, Karbassi and Arias No: 1 - Bredefeld Absent: 1 - Chavez CLOSED SESSION Upon call, there was no public comment for the special Closed Session items and City Council adjourned into Closed Session at 8:19 A.M. During open session, City Attorney Sloan announced the Closed Session item listed on the agenda and stated there would be nothing to announce following Closed Session. City of Fresno ***Subject to Mayoral Veto Page 3 City Council Meeting Minutes - Final April 7, 2022 1. ID 22-551 CONFERENCE WITH LABOR NEGOTIATORS - Government Code Section 54957.6; City Negotiator: TJ Miller; Employee Organizations: 1. International Union of Operating Engineers, Stationary Engineers, Local 39 (Local 39); 2. Fresno City Employees Association (FCEA); 3. Fresno Police Officers Association (FPOA Basic); 4. International Association of Firefighters, Local 753, Unit 5 (Fire Basic); 5. Amalgamated Transit Union, Local 1027 (ATU); 6. International Brotherhood of Electrical Workers, Local 100 (IBEW); 7. Fresno Police Officers Association (FPOA Management); 8. International Association of Firefighters, Local 753, Unit 10 (Fire Management); 9. City of Fresno Professional Employees Association (CFPEA); 10. City of Fresno Management Employees Association (CFMEA); 11. Operating Engineers, Local Union No. 3, Fresno Airport Public Safety Supervisors (FAPSS); 12. Operating Engineers, Local Union No. 3, Fresno Airport Public Safety Officers (FAPSO). DISCUSSED 2. ID 22-553 CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Government Code Section 54956.8; Property: 809 E. Olive Ave; Negotiating Parties: City Manager, Lawrence Abbate; Under Negotiation: Terms and Conditions of Property Acquisition. DISCUSSED 3. ID 22-554 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code 54956.9(d)(1); Existing Litigation: J & A Mash & Barrel, LLC. v. Superior Court of Fresno County. DISCUSSED 4. ID 22-555 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1); City of Fresno v. Joan Kevorkian, et al., Fresno Superior Court Case No. 21CECG02816 DISCUSSED ADJOURNMENT Adjourned from closed session at 11:02 A.M. City of Fresno ***Subject to Mayoral Veto Page 4 City Council Meeting Minutes - Final April 7, 2022 These minutes were approved by unanimous vote of the City Council during the April 21, 2022, Regular Council meetings. City of Fresno ***Subject to Mayoral Veto Page 5

Agenda

City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Meeting Agenda - Final Thursday, April 7, 2022 8:00 AM Special Meeting Electronic Meeting Only City Council President - Nelson Esparza Vice President - Tyler Maxwell Councilmembers: Esmeralda Z. Soria, Mike Karbassi, Miguel Angel Arias, Luis Chavez, Garry Bredefeld City Manager - Georgeanne A. White City Attorney - Douglas T. Sloan City Clerk - Todd Stermer, CMC City Council Meeting Agenda - Final April 7, 2022 PUBLIC ADVISORY: THE FRESNO CITY COUNCIL WELCOMES YOU TO CITY COUNCIL CHAMBERS, LOCATED IN CITY HALL, 2ND FLOOR, 2600 FRESNO STREET, FRESNO, CALIFORNIA 93721. You can also participate in the meeting on our City’s website click on the URL https://fresno.legistar.com/Calendar.aspx and click on the “In progress” link under “video” for the corresponding meeting. The Council meeting can also be viewed live at 9:00 A.M. on Comcast Channel 96 and AT&T Channel 99. The City Council Chambers are open for public participation. However, members of the public are encouraged to participate electronically because of reduced capacity of seating in the Chambers to allow for social distancing, and masks will be required for the vaccinated and unvaccinated. PUBLIC COMMENT: The following options are available for members of the public who want to address City Council: 1. eComment at https://fresno.legistar.com/Calendar.aspx. a) eComments is a tool for citizens to use to make comments on agenda items. It will be open during the Council meeting and closed at the end of the meeting and will be a part of the official record. The User Agreement and Procedures document for eComment can be accessed by the URL https://www.fresno.gov/cityclerk/ b) eComments will be a maximum of 450 words. OR 2. You are invited to a Zoom webinar. When: April 7, 2022 8:00 AM Pacific Time (US and Canada) Topic: April 7, 2022 Special Meeting a) Register in advance for this webinar: https://zoom.us/webinar/register/WN_zBk6SAwBTC-0WD97SHy23w After registering, you will receive a confirmation email containing information about joining the webinar. b) If you do not wish for your name to appear on the screen, then use the drop down menu and click on “rename” to rename yourself. c) If you wish to address Council during the public comment portion of the agenda, City of Fresno ***Subject to Mayoral Veto Page 2 City Council Meeting Agenda - Final April 7, 2022 click on the icon labeled “Participants” at the bottom center of your PC or Mac screen. At the bottom of the window on the right side of the screen, click the icon labeled “RaiseHand”. Your digital hand will now be raised. d) Those addressing Council must state their name for the record. e) To facilitate electronic access, no person shall speak until recognized by the Presiding Officer. OR 3. Email: to clerk@fresno.gov a) Residents may also email comments to be read during the meeting. Please include the agenda date and item number you wish to speak on in the subject line of your email. b) Emails will be a maximum of 450 words. c) All comments received will be distributed to Council prior and during the meeting and will be a part of the official record. Pursuant to Rule 11 (c) of the Rules of Procedure for the City Council of the City of Fresno, no documents shall be accepted for Council review unless submitted to the City Clerk at least 24 hours prior to the Council Agenda item be heard. All participants will be on mute until they are called upon at which point they will be unmuted. To prevent participants from having their video on, we will remove the option to show their video. The City of Fresno’s goal is to comply with the Americans with Disabilities Act, If you need additional accommodations such as interpreters, sign language signers, 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 three business days prior to the meeting. The City of Fresno thanks you in advance for taking all precautions to prevent spreading COVID19 virus. City of Fresno ***Subject to Mayoral Veto Page 3 City Council Meeting Agenda - Final April 7, 2022 NOTICE OF SPECIAL MEETING OF THE COUNCIL OF THE CITY OF FRESNO DATE: Thursday, April 7 2022 TIME: 8:00 a.m., or as soon thereafter as it may be heard LOCATION: Electronic Meeting Only Please Take Notice the Council of the City of Fresno hereby calls a Special Meeting of the City Council pursuant to California Government Code section 54956 at the above stated time and place. The purpose of the special meeting is to meet and consider the following: 8:00 A.M. ROLL CALL APPROVAL OF AGENDA ID 22-556 Notice of Special Meeting- Signed Sponsors: Council President Esparza GENERAL ADMINISTRATION 1. ID 22-550 Actions pertaining to a Solar Energy Ground Lease between City of Fresno and Fresno Community Solar Developers, LLC., at the Regional Wastewater Reclamation Facility (Council District 3): 1. Adopt Addendum to Mitigated Negative Declaration No. P21-02498, in accordance with Section 15164 of the California Environmental Quality Act (CEQA) Guidelines; and 2. Approve the First Amendment to the Agreement for Solar Energy Ground Lease between City of Fresno and Fresno Community Solar Developers, LLC. for the lease of land at the Fresno Clovis Regional Wastewater Reclamation Facility, to modify the boundaries of the leased premises, with no change in the total acres to be leased. Sponsors: Councilmember Arias City of Fresno ***Subject to Mayoral Veto Page 4 City Council Meeting Agenda - Final April 7, 2022 2. ID 22-426 ***RESOLUTION - Confirming emergency conditions continue to directly impact the ability of legislative bodies to meet safely in person, and authorizing remote teleconference meetings of City legislative bodies for 30 days, pursuant to Brown Act provisions (Subject to Mayor’s Veto). Sponsors: Council President Esparza CLOSED SESSION 1. ID 22-551 CONFERENCE WITH LABOR NEGOTIATORS - Government Code Section 54957.6; City Negotiator: TJ Miller; Employee Organizations: 1. International Union of Operating Engineers, Stationary Engineers, Local 39 (Local 39); 2. Fresno City Employees Association (FCEA); 3. Fresno Police Officers Association (FPOA Basic); 4. International Association of Firefighters, Local 753, Unit 5 (Fire Basic); 5. Amalgamated Transit Union, Local 1027 (ATU); 6. International Brotherhood of Electrical Workers, Local 100 (IBEW); 7. Fresno Police Officers Association (FPOA Management); 8. International Association of Firefighters, Local 753, Unit 10 (Fire Management); 9. City of Fresno Professional Employees Association (CFPEA); 10. City of Fresno Management Employees Association (CFMEA); 11. Operating Engineers, Local Union No. 3, Fresno Airport Public Safety Supervisors (FAPSS); 12. Operating Engineers, Local Union No. 3, Fresno Airport Public Safety Officers (FAPSO). Sponsors: Personnel Services Department 2. ID 22-553 CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Government Code Section 54956.8; Property: 809 E. Olive Ave; Negotiating Parties: City Manager, Lawrence Abbate; Under Negotiation: Terms and Conditions of Property Acquisition. Sponsors: City Attorney's Office City of Fresno ***Subject to Mayoral Veto Page 5 City Council Meeting Agenda - Final April 7, 2022 3. ID 22-554 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code 54956.9(d)(1); Existing Litigation: J & A Mash & Barrel, LLC. v. Superior Court of Fresno County. Sponsors: City Attorney's Office 4. ID 22-555 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1); City of Fresno v. Joan Kevorkian, et al., Fresno Superior Court Case No. 21CECG02816 Sponsors: City Attorney's Office ADJOURNMENT City of Fresno ***Subject to Mayoral Veto Page 6

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