City Council

City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Meeting Minutes - Final Thursday, June 16, 2022 9:00 AM Regular Meeting / Continued Budget Hearings Council Chambers (In Person And/Or Electronic) 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 Interim City Attorney - Rina Gonzales City Clerk - Todd Stermer, CMC City Council Meeting Minutes - Final June 16, 2022 The City Council for the City of Fresno convened in regular session on June 16, 2022, at 9:00 A.M. 9:00 A.M. ROLL CALL Present: 7 - Council President Nelson Esparza Vice President Tyler Maxwell Councilmember Esmeralda Z. Soria Councilmember Mike Karbassi Councilmember Miguel Angel Arias Councilmember Luis Chavez Councilmember Garry Bredefeld Invocation by Pastor Trent Walley from Harmony Free Will Baptist Church Pledge of Allegiance to the Flag APPROVE AGENDA The following changes were announced prior to approval of the agenda: Approval of the minutes from June 9, 2022, was tabled to the next meeting by staff. Councilmember Karbassi announced he would abstain on Consent Calendar item 1-A (ID 22-980) pertaining to the approval of minutes. Councilmember Chavez announced a conflict and recused himself from Consent Calendar 1-E (ID 22-949) regarding extension the agreement with the Fresno Economic Opportunities Commission for social service transportation. Councilmember Bredefeld registered a "no" vote on Consent Calendar item 1-F (ID 22-946) regarding Commercial Cannabis Activity. THE FOLLOWING ITEMS WERE REMOVED FROM THE AGENDA: Consent Calendar item 1-I (ID 22-1006) regarding an amendment to the 2500 MLK, LLC Development Agreement - moved to the June 23, 2022 agenda by Councilmember Arias. City of Fresno ***Subject to Mayoral Veto Page 2 City Council Meeting Minutes - Final June 16, 2022 City Council item 4-A (ID 22-1009) regarding the proposed renewal of Measure C - removed from the agenda by Councilmember Arias with no specified return date. THE FOLLOWING CONSENT CALENDAR ITEMS WERE MOVED TO THE CONTESTED CONSENT CALENDAR FOR FURTHER DISCUSSION: 1-E (ID 22-949) regarding extension the agreement with the Fresno Economic Opportunities Commission for social service transportation - moved to Contested Consent by Vice President Maxwell. 1-G (ID 22-1000) regarding approval of the joint service plan and local homelessness action plan for the Homeless Housing, Assistance, and Prevention Program (HHAP) - moved to Contested Consent by Councilmember Arias. 1-M (ID 22-976) regarding adoption of proposed Public Works projects to receive Senate Bill 1 funding for Fiscal Year 2023 - moved to Contested Consent by Councilmember Karbassi. AGENDA APPROVED AS AMENDED On motion of Councilmember Soria, seconded by Vice President Maxwell, the above agenda was APPROVED AS AMENDED. The motion carried by the following vote: Aye: 7 - Esparza, Maxwell, Soria, Karbassi, Arias, Chavez and Bredefeld CEREMONIAL PRESENTATIONS There were no Ceremonial Presentations on the agenda. COUNCILMEMBER REPORTS AND COMMENTS Councilmember Soria reported on the second annual Pride Flag Raising Ceremony and Pride month. She also discussed free summer meal programs for children in the City and specifically in District 1. Councilmember Arias commented that his focus was on the budget and not City of Fresno ***Subject to Mayoral Veto Page 3 City Council Meeting Minutes - Final June 16, 2022 the social media posts of his Council colleagues. Council President Esparza reported on a ribbon cutting ceremony in the Tower District neighborhood and the need for additional housing. He also discussed the Fresno Association of Realtors annual membership luncheon. MAYOR/MANAGER REPORTS AND COMMENTS There were no reports or comments from the Mayor or City Manager. UNSCHEDULED COMMUNICATION Upon call, the following members of the public addressed Council: Lisa Flores, Robert McCloskey, Brandi Nuse-Villegas, Cindy Piombino, Timmy Tomuch, Shaun Robinson, Sadia Khan, and Kimberly McCoy. ID 22-1075 Unscheduled Communication - Submitted Public Comments 1. CONSENT CALENDAR APPROVAL OF THE CONSENT CALENDAR On motion the CONSENT CALENDAR was hereby adopted by the following vote: Aye: 5 - Esparza, Maxwell, Soria, Arias and Bredefeld Absent: 2 - Karbassi and Chavez 1.-A. ID 22-980 Approval of the minutes for the May 26, 2022, Regular Meeting, May 31, 2022, Special Meeting, and June 9, 2022, Regular Meeting. Councilmember Karbassi abstained from the approval of the minutes and the June 9, 2022, Regular Meeting minutes were tabled to June 23, 2022. The minutes for May 26, 2022, Regular Meeting and the minutes for May 31, 2022, Special Meeting were approved. APPROVED ON CONSENT CALENDAR 1.-B. ID 22-907 Approve the award of a purchase contract to Quinn Company of Fresno, California, for the purchase of one Caterpillar 740GC articulating water tanker truck in the amount of $983,640 for the Department of Public Utilities APPROVED ON CONSENT CALENDAR 1.-C. ID 22-933 Approve the award of a purchase contract to Pape Kenworth of Fresno, City of Fresno ***Subject to Mayoral Veto Page 4 City Council Meeting Minutes - Final June 16, 2022 California, for the purchase of one Kenworth T370 fuel truck in the amount of $267,648 for the Department of Public Utilities APPROVED ON CONSENT CALENDAR 1.-D. ID 22-936 Reject all bids received for the purchase of five Freightliner M 2 106 cab and chassis trucks for the Department of Public Works, Street Maintenance Division (Bid File #3868) APPROVED ON CONSENT CALENDAR 1.-F. ID 22-946 Actions pertaining to Commercial Cannabis Activity: 1. Approve the Loan Agreement for Adolfo E. Castillo (the Owner) of Roeding Leaf Inc dba Banyan Tree, a cannabis social equity business, in the amount of $75,000 to assist with the start-up, regulatory costs, and operating costs of opening a retail commercial cannabis business in the City of Fresno. Councilmember Bredefeld registered a "no" vote. The motion PASSED 4-1, Councilmember Karbassi and Councilmember Chavez were absent. APPROVED ON CONSENT CALENDAR 1.-H. ID 22-948 Approve agreement between the City of Fresno and Elevate Community Services, Inc. in the amount of $1,664,000 in Community Development Block Grant-Coronavirus (CDBG-CV) funds for emergency shelter operations at the Travel Inn. APPROVED ON CONSENT CALENDAR 1.-I. ID 22-1006 ***BILL B-12 - (Intro’d 5/26/2022) (For Adoption) - Approving an Amendment to the Development Agreement by and between the City of Fresno and 2500 MLK, LLC for purposes of amending Section 3.9(a) of the Development Agreement which limits the specific number of units relative to respective residential housing types within the West Creek Village project area (Subject to Mayor’s Veto). The above item was removed from the agenda by Councilmember Arias and tabled to June 23, 2022. TABLED 1.-J. ID 22-909 Approve the County of Fresno’s request to acquire a road easement without eminent domain action from one parcel in City jurisdiction adjacent to existing City right-of-way for a County capital project to widen and improve Jensen Avenue between Martin Luther King Jr Boulevard and Fruit Avenue (District 3). City of Fresno ***Subject to Mayoral Veto Page 5 City Council Meeting Minutes - Final June 16, 2022 APPROVED ON CONSENT CALENDAR 1.-K. ID 22-910 Actions pertaining to the Ericson Elementary Neighborhood Street Improvements Project - Bid File 3847 (Council District 4): 1. Adopt a finding of Categorical Exemption per staff determination pursuant to Section 15301/Class 1 of the California Environmental Quality Act (CEQA) Guidelines 2. Award a construction contract in the amount of $1,065,200 to Avison Construction, Inc. of Madera, California APPROVED ON CONSENT CALENDAR 1.-L. ID 22-927 Actions pertaining to the Palm Avenue and Belmont Avenue Class IV Protected Bikeway Project - Bid File 3848 (Council Districts 1, 3, and 7): 1. Adopt a finding of Categorical Exemption per staff determination pursuant to Section 15301/Class 1 of the California Environmental Quality Act (CEQA) Guidelines 2. Award a construction contract in the amount of $1,236,120 to VSS International, Inc. of West Sacramento, California APPROVED ON CONSENT CALENDAR 1.-N. ID 22-1010 ***BILL B-13 (Intro’d 6/9/2022) (For Adoption) - Amending Management of Real Property Ordinance, FMC sections 10-701 - 10-706 (Subject to Mayor’s Veto). ORDINANCE 2022-013 ADOPTED APPROVED ON CONSENT CALENDAR 1.-O. ID 22-1011 ***BILL B-14 (Intro’d 6/9/2022) (For Adoption) - Amending Filing a Notice of Appeal, FMC section 1-407, to remove automatic stay on enforcement when filing an appeal (Subject to Mayor’s Veto). ORDINANCE 2022-014 ADOPTED APPROVED ON CONSENT CALENDAR CONTESTED CONSENT CALENDAR 1.-E. ID 22-949 Authorize the one-year extension of the Subrecipient Agreement between the City of Fresno (City) and Fresno Economic Opportunities Commission for social service transportation in Urban Fresno County for a projected FY 22-23 Operations Program & Budget amount of $1,306,500 Councilmember Chavez was recused from the above item and was absent during the discussion. There was no staff presentation on this item. City of Fresno ***Subject to Mayoral Veto Page 6 City Council Meeting Minutes - Final June 16, 2022 Transportation Director Vargas Assistant City Manger Barfield and General Manager Stites of the Fresno County Rural Transit Agency responded to questions. Discussion on this item included: the current agreement and changes; County of Fresno involvement; locations served; Clovis Transit routes; re-routing of bus service, and; impacts to riders. APPROVED On motion of Vice President Maxwell, seconded by Councilmember Arias, that the above Action Item be APPROVED. The motion carried by the following vote: Aye: 6 - Esparza, Maxwell, Soria, Karbassi, Arias and Bredefeld Recused: 1 - Chavez 1.-G. ID 22-1000 Approve the State of California Business, Consumer Services and Housing Agency’s (BCSH) California Interagency Council on Homelessness (Cal ICH) joint service plan and local homelessness action plan as an individual applicant for the third round of Homeless Housing, Assistance, and Prevention Program (HHAP) There was no presentation on this item. Planning and Development Assistant Director Skei responded to questions. Discussion on this item included the closing of Naomi's House and the status of the trailers from the Governor to assist with housing the homeless. APPROVED On motion of Councilmember Arias, seconded by Vice President Maxwell, that the above Action Item be APPROVED. The motion carried by the following vote: Aye: 7 - Esparza, Maxwell, Soria, Karbassi, Arias, Chavez and Bredefeld 1.-M. ID 22-976 RESOLUTION - Adopting a list of proposed Public Works projects to receive Senate Bill 1 (SB 1) Road Maintenance and Rehabilitation Account funding for City Fiscal Year 2023. There was no staff presentation on this item. Public Works Director Mozier City of Fresno ***Subject to Mayoral Veto Page 7 City Council Meeting Minutes - Final June 16, 2022 responded to questions. Discussion on this item included: total SB-1 allocations to the City of Fresno; the separation of carryover from new projects; improvements and timing for Audubon Drive and Lexington Avenue; left turn phasing at Star Elementary; funding statuses, and; FY 24 SB-1 allocation timing. RESOLUTION 2022-142 ADOPTED On motion of Councilmember Karbassi, seconded by Vice President Maxwell, that the above Action Item be ADOPTED. The motion carried by the following vote: Aye: 7 - Esparza, Maxwell, Soria, Karbassi, Arias, Chavez and Bredefeld 2. SCHEDULED COUNCIL HEARINGS AND MATTERS 9:00 A.M. ID 22-1016 Continued Budget Hearings Upon call, there were no additional motions made at this time. (CONTINUED TO JUNE 30, 2022) 10:00 A.M. ID 22-992 HEARING Consideration of Text Amendment Application No. P21-05809 and related Environmental Finding for Environmental Assessment No. P21-05809, amending Section 15-2010 of the Fresno Municipal Code, relating to the to the Zone Districts where Electrified Fences are permitted. 1. RECOMMEND CONSIDERATION of Environmental Assessment No. P21-05809 dated April 20, 2022, that Text Amendment Application No. P21-05809 is exempt from the California Environmental Quality Act (CEQA) pursuant to the Commonsense Exemption that it can be seen with certainty that there is no possibility that the proposed text amendment may have a significant effect on the environment pursuant to CEQA Guidelines Section 15061(b)(3). 2. RECOMMEND CONSIDERATION of Text Amendment Application No. P21-05809, to amend Section 15-2010 of the Fresno Municipal Code, relating to the to the Zone Districts where Electrified Fences are permitted. The above item was removed from the agenda by staff and tabled to June 30, 2022. City of Fresno ***Subject to Mayoral Veto Page 8 City Council Meeting Minutes - Final June 16, 2022 TABLED (CONTINUED FROM JUNE 9, 2022) 10:10 A.M. ID 22-1007 Hearing to consider a proposed Development Agreement by and between the City of Fresno and Parc West Development, Inc. relating to the development of the Parc West Project (Council District 1): 1. ADOPT - Addendum to the previously certified Final Environmental Impact Report (EIR) SCH No. 2020039061, pursuant to Section 15164 of the California Environmental Quality Act (CEQA) Guidelines. 2. BILL - (For introduction) - Approving the Development Agreement by and between the City of Fresno and Parc West Development, Inc. for purposes of the Parc West Project, pertaining to ±160 acres of property located on the west side of North Grantland Avenue between West Ashlan Avenue and the West Gettysburg Avenue alignment. The above item was tabled to June 23, 2022, by a consensus of the Council. TABLED TO JUNE 23, 2022 3. GENERAL ADMINISTRATION 3.-A. ID 22-1008 WORKSHOP - Measure C3 Renewal Fresno County Transportation Director Leonardo made a presentation to Council on the above workshop followed by a presentation from Veronica Garibay, Co-Executive Director of Leadership Counsel for Justice and Accountability. The lengthy discussion on this item included: under representation for the City of Fresno; limits on use for local funds; "disadvantaged," and "equity," definitions; lack of local hire requirements; participation by community groups; the number of Measure C workshops presented, and; determinations on bonding future revenue. PRESENTED 4. CITY COUNCIL 4.-A. ID 22-1009 Actions pertaining to proposed renewal of Measure C: City of Fresno ***Subject to Mayoral Veto Page 9 City Council Meeting Minutes - Final June 16, 2022 1. RESOLUTION - Calling on the Fresno Transportation Authority and Fresno Council of Governments of the Measure C Renewal Effort for Placement on the Ballot in 2024 The above item was removed from the agenda by Councilmember Arias with no specified return date. TABLED 5. CLOSED SESSION Upon call, there was no public comment for Closed Session items. During open session, Interim City Attorney Gonzales announced each of the Closed Session item listed on the agenda. Council recessed for lunch and resumed in Closed Session at 1:35 P.M. 5.-A. ID 22-1013 CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Government Code Section 54956.8 Property: 508-030-48ST (Herndon and Brawley) Negotiating Parties: City Manager, EKAM Construction, LLC, Lakhjit S. Sandhu, MD, and Master Storage 365, LLC. Under negotiations: Price and Term of Sale. There were no open session announcements following the above closed session item. DISCUSSED 5.-B. ID 22-904 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION - Government Code Section 54956.9, subdivision (d)(1) Case Name: Desiree Martinez, et al. v. City of Fresno; Eastern District Court Case No. 1:22-cv-00307. There were no open session announcements following the above closed session item. DISCUSSED 5.-C. ID 22-991 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION - Government Code Section 54956.9, subdivision (d)(1) City of Fresno ***Subject to Mayoral Veto Page 10 City Council Meeting Minutes - Final June 16, 2022 Case Name: Pamela Motley, et al. v. Fresno Police Officer Joseph Smith, et al; District Court Case No.: 15-CV-00905 BAM. There were no open session announcements following the above closed session item. DISCUSSED 5.-D. ID 22-990 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Case Name: Channel Centeno, et al. v. City of Fresno, et al.; Fresno Superior Court Case No. 16CECG00897 There were no open session announcements following the above closed session item. DISCUSSED 5.-E. ID 22-1005 CONFERENCE WITH LABOR NEGOTIATORS - Government Code Section 54957.6 City Negotiators: 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), Unit 4; 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); 13. Unrepresented Employees in Unit 2 (Non-Represented Management and Confidential Classes): Airport Public Safety Manager, Assistant City Attorney, Assistant City Manager, Assistant Controller, Assistant Director, Assistant Director of Personnel Services, Assistant Director of Public Utilities, Assistant Director of Public Works, Assistant Police Chief, Assistant Retirement Administrator, Background Investigator, Budget Analyst, Budget Manager, Chief Assistant City Attorney, Chief City of Fresno ***Subject to Mayoral Veto Page 11 City Council Meeting Minutes - Final June 16, 2022 Information Officer, Chief of Staff to Councilmember, Chief of Staff to the Mayor, City Attorney (City Negotiator, Council President Esparza), City Attorney Investigator, City Clerk (City Negotiator, Council President Esparza), City Engineer, City Manager (City Negotiator, Mayor Dyer), Community Coordinator, Community Outreach Specialist, Controller, Council Assistant, Deputy City Attorney II , Deputy City Attorney III, Deputy City Manager, Director, Director of Aviation, Director of Development, Director of Personnel Services, Director of Public Utilities, Director of Transportation, Economic Development Coordinator, Economic Development Director , Executive Assistant to Department Director, Executive Assistant to the City Attorney, Executive Assistant to the City Manager, Executive Assistant to the Mayor, Fire Chief, Governmental Affairs Manager, Human Resources Manager, Independent Reviewer, Internal Auditor, Investment Officer, Labor Relations Manager, Management Analyst II, Payroll Accountant, Payroll Manager, Police Chief, Principal Budget Analyst, Principal Internal Auditor, Principal Labor Relations Analyst, Public Affairs Officer, Public Works Director, Retirement Administrator, Retirement Benefits Manager, Retirement Office Manager, Senior Budget Analyst, Senior Deputy City Attorney I, Senior Deputy City Attorney II, Senior Deputy City Attorney III, Senior Human Resources/Risk Analyst, Senior Law Clerk, Supervising Deputy City Attorney There were no open session announcements following the above closed session item. DISCUSSED ADJOURNMENT City Council adjourned from closed session at 2:27 P.M. City of Fresno ***Subject to Mayoral Veto Page 12