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City Council

Regular Meeting

Fresno, CA · June 30, 2022

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City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Meeting Minutes - Final Thursday, June 30, 2022 9:00 AM Regular Meeting / Final Budget Adoption 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 30, 2022 The City Council for the City of Fresno convened in regular session on June 30, 2022, at 9:00 A.M. 9:06 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 Reza Nekumanesh from the Islamic Cultural Center of Fresno Pledge of Allegiance to the Flag APPROVE AGENDA Councilmember Chavez announced a conflict and recused himself from Closed Session item 5-A (ID 22-1056) regarding Existing Litigation City of Fresno v. United States Department of Interior, Bureau of Reclamation, US Court of Federal Claims. Councilmember Soria announced a conflict and recused herself from Closed Session item 5-B (ID 22-1077) regarding Potential Exposure to Litigation Central Valley NMTC Fund, LLC., v. City of Fresno. THE FOLLOWING ITEMS WERE REMOVED FROM THE AGENDA AND TABLED TO JULY 21, 2022: Consent Calendar item 1-A (ID 22-1078) regarding approval of minutes for the June 23, 2022, Regular Meeting - removed from the agenda and tabled to July 21, 2022. 10:00 A.M. #1 regarding Text Amendment Application No. P21-05809 - tabled to July 21, 2022, at 10:00 A.M. by Councilmember Arias with a request for staff to include the updated information received from the stakeholders in the staff report. City of Fresno ***Subject to Mayoral Veto Page 2 City Council Meeting Minutes - Final June 30, 2022 THE FOLLOWING CONSENT CALENDAR ITEMS WERE MOVED TO THE CONTESTED CONSENT CALENDAR FOR FURTHER DISCUSSION: 1-G (ID 22-1079) regarding to adjust various fees in the Police Department - moved to Contested Consent by Councilmember Arias. 1-K (ID 22-1088) regarding the compensation of elective officer - moved to Contested Consent by Vice President Maxwell. AGENDA APPROVED AS AMENDED On motion of Councilmember Soria, seconded by Councilmember Karbassi, the agenda was APPROVED AS AMENDED. The motion carried by the following vote: Aye: 7 - Esparza, Maxwell, Soria, Karbassi, Arias, Chavez and Bredefeld CEREMONIAL PRESENTATIONS ID 22-1072 Proclamation Honoring Patsy Montgomery PRESENTED COUNCILMEMBER REPORTS AND COMMENTS Councilmember Arias briefly spoke on Consent Calendar item 1-K regarding the compensation of elective officers. Council President Esparza wished everyone a happy Pride Month and thanked the budget team for all their hard work. MAYOR/MANAGER REPORTS AND COMMENTS There were no reports from the City Manager White or Mayor Dyer. UNSCHEDULED COMMUNICATION Upon call, the following members of the public addressed Council: Mary Padilla, Fernando Paul Elizando, Lisa Flores, Zackary Taylor, Deborah, Natalie Torres, John Fuller, and Brandi Nuse-Villegas. ID 22-1309 Unscheduled Communications Received. City of Fresno ***Subject to Mayoral Veto Page 3 City Council Meeting Minutes - Final June 30, 2022 1. CONSENT CALENDAR APPROVAL OF THE CONSENT CALENDAR On motion of Councilmember Karbassi, seconded by Councilmember Soria, the CONSENT CALENDAR was hereby adopted by the following vote: Aye: 6 - Esparza, Maxwell, Soria, Karbassi, Arias and Bredefeld Absent: 1 - Chavez 1-A. ID 22-1078 Approval of the Minutes for the June 16, 2022, Regular City Council Meeting, June 20, 2022 Special Closed Session Meeting, June 20, 2022 Budget Hearing Meeting, and the June 23, 2022, Regular City Council Meeting. The minutes for June 23, 2022, Regular Meeting were tabled to July 21, 2022. APPROVED ON CONSENT CALENDAR 1-B. ID 22-1021 Award an Agreement for 25 Axon Body 3 Flex Body Worn -Video Cameras, with unlimited Data Storage and related services; Authorize the Director of the Airport or Designee to execute this agreement APPROVED ON CONSENT CALENDAR 1-C. ID 22-1086 ***BILL B-16 (Intro’d 6/23/2022)(For Adoption) - Amending Administrative Abatement, Fresno Municipal Code (FMC) Section 10-616 (Subject to Mayor’s Veto). ORDINANCE 2022-017 ADOPTED APPROVED ON CONSENT CALENDAR 1-D. ID 22-1081 Actions pertaining to the International Association of Fire Fighters (IAFF), Local 202 for Unit 5 and Unit 10 1. ***Adopt an amended Memorandum of Understanding between the City of Fresno and International Association of Fire Fighters (IAFF), Local 202, Non-Management Fire for Unit 5 (Subject to Mayor’s Veto) 2. ***Adopt an amended Memorandum of Understanding between the City of Fresno and International Association of Fire Fighters (IAFF), Local 202, Fire Management for Unit 10 (Subject to Mayor’s Veto) 3. ***RESOLUTION: Adopt the Twenty-first Amendment to FY 2022 Salary Resolution No. 2021-176, amending Exhibit 5, Fire Non-Management (IAFF), and Exhibit 10, Fire Management, as City of Fresno ***Subject to Mayoral Veto Page 4 City Council Meeting Minutes - Final June 30, 2022 required by the amended Memoranda of Understanding between the City of Fresno and International Association of Fire Fighters (IAFF), Local 202 (Subject to Mayor’s veto) RESOLUTION 2022-149 ADOPTED APPROVED ON CONSENT CALENDAR 1-E. ID 22-1090 ***BILL B-20 (Intro’d 6/23/2022)(For Adoption) - 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 (Subject to Mayor’s Veto). ORDINANCE 2022-018 ADOPTED APPROVED ON CONSENT CALENDAR 1-F. ID 22-1038 Actions pertaining to using the Parkway Inn located at 959 N. Parkway Drive, Fresno 93728, as an interim low-barrier homeless shelter: 1. Adopt a finding of Categorical Exemption pursuant to Section 15301 of the California Environmental Quality Act (CEQA) guidelines 2. Approve a Repair Services Agreement with the Fresno Housing Authority not to exceed $5,406,505 (District 3) APPROVED ON CONSENT CALENDAR 1-H. ID 22-1023 RESOLUTION - Authorizing the Submission of Grant Applications to the Fresno Council of Governments 2022/23 Measure C New Technology Reserve Grant Program for Advanced Transit and Transportation Projects Totaling Up to $4.4 Million in Requests for Funding; and Authorizing the Execution of Grant Application and Grant Agreement Documents by the Public Works and Transportation Directors or Designees (Citywide) RESOLUTION 2022-151 ADOPTED APPROVED ON CONSENT CALENDAR 1-I. ID 22-1024 Actions pertaining to the Milburn and Dakota New Park Project: 1. Affirm City Manager’s determination that the Community Design Works Group is uniquely qualified to provide design services 2. Approve an agreement with (CWDG) in the amount of $689,690 plus a contingency amount not to exceed $50,000 for the design and preparation of construction documents for the Milburn and Dakota New Park Project (Council District 1) APPROVED ON CONSENT CALENDAR City of Fresno ***Subject to Mayoral Veto Page 5 City Council Meeting Minutes - Final June 30, 2022 1-J. ID 22-1087 ***BILL B-17 (Intro’d 6/23/2022)(For Adoption) - Creating the Tenant Relocation Benefits Following City Order To Vacate Due To Immediate Health And Safety Risk Ordinance, FMC section 11-338 (Subject to Mayor’s Veto). ORDINANCE 2022-019 ADOPTED APPROVED ON CONSENT CALENDAR CONTESTED CONSENT CALENDAR 1-G. ID 22-1079 ***RESOLUTION - Adopt the 569th Amendment to the Master Fee Schedule Resolution No. 80-420 to adjust various fees in the Police Department (Subject to Mayor’s Veto) There was no staff presentation on the above item. There was no discussion on this item. Councilmember Arias motioned to approve the above item with the exception of the police vehicle rate that will come back with an updated formula once they make the appropriate assessments and adjustments. Council President Esparza seconded the motion. RESOLUTION 2022-150 ADOPTED AS AMENDED On motion of Councilmember Arias, seconded by Council President Esparza, that the above Action Item be ADOPTED AS AMENDED. The motion carried by the following vote: Aye: 7 - Esparza, Maxwell, Soria, Karbassi, Arias, Chavez and Bredefeld 1-K. ID 22-1088 ***BILL B-18 (Intro’d 6/23/2022)(For Adoption) - Repealing Ordinance No. 2018-67 of the Fresno Municipal Code and adopting an ordinance setting forth the compensation of elective officers (Subject to Mayor’s Veto). The above item was presented to Council by Vice President Maxwell and Councilmember Chavez. Discussion on this item included community input and feedback regarding the proposed salary increase, the analysis of the new pay structure, and not capping the mayor’s salary increase. Mayor Dyer requested the mayor’s salary be capped at $149,500 and that City of Fresno ***Subject to Mayoral Veto Page 6 City Council Meeting Minutes - Final June 30, 2022 be the only increase for the life of his term(s). Councilmember Bredefeld spoke in opposition of the salary increase. Councilmember Chavez motioned to amend the proposed ordinance setting the compensation of elective officers as follows; 1. Section 2 of the ordinance is amended to state that Councilmembers compensation will be $92,000 starting January 1, 2023, $101,200 starting on January 1, 2024, and $111,320 starting on January 1, 2025, and continuing until otherwise modified. 2. Section 3 of the ordinance is amended to state that the Council President's compensation shall be 12.5% greater than Councilmember's compensation. 3. Section 4 of the ordinance is amended to state that the Mayor's compensation will be $149,500 starting January 1, 2023, $164,450 starting on January 1, 2024, and $180,895 starting on January 1, 2025 and continuing until otherwise modified. Councilmember Karbassi seconded the motion. BILL B-18 REINTRODUCED AS AMENDED On motion of Councilmember Chavez, seconded by Councilmember Karbassi, that the above item be REINTRODUCED AS AMENDED. The motion carried by the following vote: Aye: 5 - Esparza, Maxwell, Karbassi, Arias and Chavez No: 2 - Soria and Bredefeld 2. SCHEDULED COUNCIL HEARINGS AND MATTERS 9:00 A.M. - ACTIONS ON THE FISCAL YEAR 2023 BUDGET AND RELATED ITEMS City Manager White addressed and introduced the budget adoption documents to the Council. Upon call, the following members of the public addressed Council: Gloria Hernandez, Lisa Flores, Gabriel Lozano, Kimberly McCoy, Astrid Morales, Karla Martinez, Brandi Nuse-Villegas, and Jose Leon Barraza, Kiel Lopez-Schmidt, Pedro Navarro Cruz, Cindy, Christopher Washington, Dez Martinez, Anna Medrano, and Ruben Espinoza. City of Fresno ***Subject to Mayoral Veto Page 7 City Council Meeting Minutes - Final June 30, 2022 Discussion on the item included: Establishing and Housing Division for housing the homeless; allocation of funds to new housing developments; maintaining and improving parks; gun violence and gang intervention; Advance Peace; improvements to downtown parking garages; repaving streets in the communities; neighborhood infrastructure; construction of Fire Station 12; the plan for bond financing for the training facility; the reconciliation summary of Quigley Park; fund the carryover for Emerson median island; irrigation repairs and upkeep of the parks; a Police Station West of the 99; planning for a recession; increase rebates for water conservation; funding slurry seals on the streets; upgrade to Pinedale; raising more funds for the reserves; the increase in Police Officers, and; bicycle proactive unit. City Clerk Stermer read a correction into the record regarding the Fiscal Year 2023 Position Authorization Resolution as follows: the last page of the supplement under part 6 Transportation Department was omitted and should read "Transportation Department section 25.1 Fax Operating Division, Transportation Maintenance Division, Transportation Administration Division, Transportation Planning Division, and Support Services Division months authorized full year number of positions authorized 25, full-time equivalent 20." Council President Esparza announced on June 23, 2022, the Council adopted Budget Motions 1-91 and 93 which resulted in the General Fund for the proposed Fiscal Year 2023 budget being out of balance by approximately $60 million. Previously, $27 million from ARPA and $12.4 million in General Fund carryover was appropriated by the Council to fund Public Works for neighborhood infrastructure projects. He noted the Administration and Council Budget Subcommittee met to negotiate a resolution that would allow the Council to adopt a balanced budget as required by the City Charter. The Annual Appropriations Resolution (AAR) and related budget documents for consideration would accomplish the balanced budget requirement. A reconciliation summary sheet outlining the changes contained in the AAR had been distributed along with the budget documents. Council President EsparzaI moved to adopt Item 2-C, the Fiscal Year 2023 City of Fresno ***Subject to Mayoral Veto Page 8 City Council Meeting Minutes - Final June 30, 2022 Annual Appropriation Resolution, and related items 2-A, 2-B, 2-D, 2-E, and 2-F and noted the motion would supersede all previous budget motions. Vice President Maxwell seconded the motion. A ID 22-1082 ***RESOLUTION - Adopt the FY 2023 Salary Resolution (Subject to Mayor’s Veto). RESOLUTION 2022-152 ADOPTED On motion of Council President Esparza, 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 B. ID 22-1045 ***RESOLUTION - Adopt the FY 2023 Position Authorization Resolution. (Subject to Mayor’s veto) RESOLUTION 2022-153 ADOPTED On motion of Council President Esparza, 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 C. ID 22-1046 ***RESOLUTION - Adopt the FY 2023 Annual Appropriation Resolution. (Subject to Mayor’s veto) Council President Esparza announced a conflict with the ARPA item related to Fiscal Year 2022-Budget Motion 58, found on Page 2 of the Fiscal Year 2023 Budget Reconciliation Summary, and will recused himself from that item only because of the item’s proximity to his primary residence. RESOLUTION 2022-154 ADOPTED On motion of Council President Esparza, 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 D. ID 22-1048 ***RESOLUTION - FY 2023 Gann Appropriation Limit Resolution City of Fresno ***Subject to Mayoral Veto Page 9 City Council Meeting Minutes - Final June 30, 2022 (Subject to Mayor’s veto) Council President Esparza registered a "no" vote for the above item. RESOLUTION 2022-155 ADOPTED On motion of Council President Esparza, seconded by Vice President Maxwell, that the above Action Item be ADOPTED. The motion carried by the following vote: Aye: 6 - Maxwell, Soria, Karbassi, Arias, Chavez and Bredefeld No: 1 - Esparza E. ID 22-979 ***RESOLUTION - To Adopt an Investment Policy for Public Funds for Fiscal Year 2022-2023. (Subject to Mayor’s Veto) RESOLUTION 2022-156 ADOPTED On motion of Council President Esparza, 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 F. ID 22-1044 ***BILL - (For introduction and adoption) - Adoption of Property Tax Override Ordinance (Subject to Mayor’s veto) BILL B-21 INTRODUCED / ADOPTED AS ORDINANCE 2022-020 On motion of Council President Esparza, 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 (CONTINUED FROM JUNE 23, 2022) 10:00 A.M. #1 ID 22-989 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 Zone Districts where Electrified Fences are permitted. 1. RECOMMEND ADOPTION of a finding set forth in 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 City of Fresno ***Subject to Mayoral Veto Page 10 City Council Meeting Minutes - Final June 30, 2022 common sense 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 APPROVAL WITH CONDITIONS set forth by the Planning Commission Text Amendment Application No. P21- 05809, to amend Section 15-2010 of the Fresno Municipal Code relating to the Zone Districts where Electrified Fences are permitted. The above item was tabled to July 21, 2022 at 10:00 A.M. by Councilmember Arias. TABLED 10:00 A.M. #2 ID 22-1027 The above hearing was called to order at 10:16 A.M. There was no staff presentation on the above item and no Council discussion. Upon call, the following member of the public addressed Council: Lisa Flores. Public comment was closed at 10:20 A.M. RESOLUTION 2022-157 ADOPTED RESOLUTION 2022-158 ADOPTED RESOLUTION 2022-159 ADOPTED BILL B-22 INTRODUCED / ADOPTED AS ORDINANCE 2022-021 On motion of Council President Esparza, 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 10:05 A.M. ID 22-1026 HEARING to consider the proposed Annual Assessment for the City of Fresno Landscaping and Lighting Maintenance District No. 1 (Citywide) 1. ***RESOLUTION - Confirming the diagram and assessment and levy of annual assessment, 2022-2023, for Landscaping and Lighting District No. 1 (Subject to Mayor’s Veto) The above hearing was called to order at 10:20 A.M. There was no staff City of Fresno ***Subject to Mayoral Veto Page 11 City Council Meeting Minutes - Final June 30, 2022 presentation, no Council discussion. Upon call, there was no public comment. Public comment was closed at 10:21 A.M. RESOLUTION 2022-160 ADOPTED On motion of Councilmember Soria, seconded by Council President Esparza, that the above Action Item be ADOPTED. The motion carried by the following vote: Aye: 7 - Esparza, Maxwell, Soria, Karbassi, Arias, Chavez and Bredefeld 3. GENERAL ADMINISTRATION There were no General Administration items on the agenda. 4. CITY COUNCIL There were no City Council items on the agenda. 4-A. ID 22-1084 RESOLUTION - Initiating a General Plan Amendment and Rezone of Real Property located on North Emerson Avenue between North Marks Avenue and North West Avenue The above item was introduced to Council by Councilmember Soria. There was no Council discussion. Upon call, the following members of the public addressed Council: Mary Padilla and Lisa Flores. RESOLUTION 2022-161 ADOPTED On motion of Councilmember Soria, seconded by Council President Esparza, that the above Action Item be ADOPTED. The motion carried by the following vote: Aye: 7 - Esparza, Maxwell, Soria, Karbassi, Arias, Chavez and Bredefeld 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 items listed on the agenda. City of Fresno ***Subject to Mayoral Veto Page 12 City Council Meeting Minutes - Final June 30, 2022 Council withdrew from Open Session to hear Closed Session items at 2:04 P.M. 5.-A. ID 22-1056 CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION - Government Code Section 54956.9, subdivision (d)(1): City of Fresno v. United States Department of Interior, Bureau of Reclamation; US Court of Federal Claims 1:16-cv-01276 Councilmember Chavez recused himself and was not present for the discussion of the above item. There were no open session announcements following the above closed session item. DISCUSSED 5.-B. ID 22-1077 POTENTIAL EXPOSURE TO LITIGATION: Government Code Section 54956.9(d)(2): Central Valley NMTC Fund, LLC., v. City of Fresno Councilmember Soria recused herself and was not a present for the discussion of the above item. There were no open session announcements following the above closed session item. DISCUSSED 5.-C. ID 22-1091 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 City of Fresno ***Subject to Mayoral Veto Page 13 City Council Meeting Minutes - Final June 30, 2022 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 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 5.-D. ID 22-1100 CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Government Code Section 54956.9, subdivision (d)(2): Case Name: Verizon Wireless vs. City of Fresno. The above item was tabled to July 21, 2022, by Vice President Maxwell. TABLED 5.-E. ID 22-1101 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. City of Fresno ***Subject to Mayoral Veto Page 14 City Council Meeting Minutes - Final June 30, 2022 Government Code section 54956.9(d)(2); Claim by Adventure Church against City of Fresno dated May 4, 2022. 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. There were no open session announcements following the above closed session item. DISCUSSED ADJOURNMENT City Council adjourned from Closed Session at 3:35 P.M. City of Fresno ***Subject to Mayoral Veto Page 15

Agenda

City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Meeting Agenda - Final-revised Thursday, June 30, 2022 9:00 AM Regular Meeting / Final Budget Adoption 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 Agenda - June 30, 2022 Final-revised 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: June 30, 2022 9:00 AM Pacific Time (US and Canada) Topic: June 30, 2022 Regular Meeting a) Register in advance for this webinar: https://zoom.us/webinar/register/WN_WGvVZAEHQCi4iLvQWdtJCw 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. City of Fresno ***Subject to Mayoral Veto Page 2 City Council Meeting Agenda - June 30, 2022 Final-revised c) If you wish to address Council during the public comment portion of the agenda, 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 - June 30, 2022 Final-revised 9:00 A.M. ROLL CALL Invocation by Reza Nekumanesh from the Islamic Cultural Center of Fresno Pledge of Allegiance to the Flag APPROVE AGENDA CEREMONIAL PRESENTATIONS ID 22-1072 Proclamation Honoring Patsy Montgomery Sponsors: Councilmember Soria COUNCILMEMBER REPORTS AND COMMENTS MAYOR/MANAGER REPORTS AND COMMENTS UNSCHEDULED COMMUNICATION PLEASE NOTE: UNSCHEDULED COMMUNICATION IS NOT SCHEDULED FOR A SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING 1. CONSENT CALENDAR 1-A. ID 22-1078 Approval of the Minutes for the June 16, 2022, Regular City Council Meeting, June 20, 2022 Special Closed Session Meeting, June 20, 2022 Budget Hearing Meeting, and the June 23, 2022, Regular City Council Meeting. Sponsors: Office of the City Clerk 1-B. ID 22-1021 Award an Agreement for 25 Axon Body 3 Flex Body Worn -Video Cameras, with unlimited Data Storage and related services; Authorize the Director of the Airport or Designee to execute this agreement Sponsors: Airports Department 1-C. ID 22-1086 ***BILL B-16 (Intro’d 6/23/2022)(For Adoption) - Amending Administrative Abatement, Fresno Municipal Code (FMC) Section 10-616 (Subject to Mayor’s Veto). Sponsors: City Attorney's Office City of Fresno ***Subject to Mayoral Veto Page 4 City Council Meeting Agenda - June 30, 2022 Final-revised 1-D. ID 22-1081 Actions pertaining to the International Association of Fire Fighters (IAFF), Local 202 for Unit 5 and Unit 10 1. ***Adopt an amended Memorandum of Understanding between the City of Fresno and International Association of Fire Fighters (IAFF), Local 202, Non-Management Fire for Unit 5 (Subject to Mayor’s Veto) 2. ***Adopt an amended Memorandum of Understanding between the City of Fresno and International Association of Fire Fighters (IAFF), Local 202, Fire Management for Unit 10 (Subject to Mayor’s Veto) 3. ***RESOLUTION: Adopt the Twenty-first Amendment to FY 2022 Salary Resolution No. 2021-176, amending Exhibit 5, Fire Non-Management (IAFF), and Exhibit 10, Fire Management, as required by the amended Memoranda of Understanding between the City of Fresno and International Association of Fire Fighters (IAFF), Local 202 (Subject to Mayor’s veto) Sponsors: Personnel Services Department 1-E. ID 22-1090 ***BILL B-20 (Intro’d 6/23/2022)(For Adoption) - 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 (Subject to Mayor’s Veto). Sponsors: Planning and Development Department 1-F. ID 22-1038 Actions pertaining to using the Parkway Inn located at 959 N. Parkway Drive, Fresno 93728, as an interim low-barrier homeless shelter: 1. Adopt a finding of Categorical Exemption pursuant to Section 15301 of the California Environmental Quality Act (CEQA) guidelines 2. Approve a Repair Services Agreement with the Fresno Housing Authority not to exceed $5,406,505 (District 3) Sponsors: Planning and Development Department City of Fresno ***Subject to Mayoral Veto Page 5 City Council Meeting Agenda - June 30, 2022 Final-revised 1-G. ID 22-1079 ***RESOLUTION - Adopt the 569th Amendment to the Master Fee Schedule Resolution No. 80-420 to adjust various fees in the Police Department (Subject to Mayor’s Veto) Sponsors: Police Department 1-H. ID 22-1023 RESOLUTION - Authorizing the Submission of Grant Applications to the Fresno Council of Governments 2022/23 Measure C New Technology Reserve Grant Program for Advanced Transit and Transportation Projects Totaling Up to $4.4 Million in Requests for Funding; and Authorizing the Execution of Grant Application and Grant Agreement Documents by the Public Works and Transportation Directors or Designees (Citywide) Sponsors: Public Works Department and Department of Transportation 1-I. ID 22-1024 Actions pertaining to the Milburn and Dakota New Park Project: 1. Affirm City Manager’s determination that the Community Design Works Group is uniquely qualified to provide design services 2. Approve an agreement with (CWDG) in the amount of $689,690 plus a contingency amount not to exceed $50,000 for the design and preparation of construction documents for the Milburn and Dakota New Park Project (Council District 1) Sponsors: Public Works Department, Parks, After School and Recreation and Community Services Department 1-J. ID 22-1087 ***BILL B-17 (Intro’d 6/23/2022)(For Adoption) - Creating the Tenant Relocation Benefits Following City Order To Vacate Due To Immediate Health And Safety Risk Ordinance, FMC section 11-338 (Subject to Mayor’s Veto). Sponsors: Vice President Maxwell 1-K. ID 22-1088 ***BILL B-18 (Intro’d 6/23/2022)(For Adoption) - Repealing Ordinance No. 2018-67 of the Fresno Municipal Code and adopting an ordinance setting forth the compensation of elective officers (Subject to Mayor’s Veto). City of Fresno ***Subject to Mayoral Veto Page 6 City Council Meeting Agenda - June 30, 2022 Final-revised Sponsors: Vice President Maxwell, Councilmember Karbassi and Councilmember Chavez CONTESTED CONSENT CALENDAR 2. SCHEDULED COUNCIL HEARINGS AND MATTERS 9:00 A.M. - ACTIONS ON THE FISCAL YEAR 2023 BUDGET AND RELATED ITEMS A ID 22-1082 ***RESOLUTION - Adopt the FY 2023 Salary Resolution (Subject to Mayor’s Veto). Sponsors: Personnel Services Department B. ID 22-1045 ***RESOLUTION - Adopt the FY 2023 Position Authorization Resolution. (Subject to Mayor’s veto) Sponsors: Office of Mayor & City Manager C. ID 22-1046 ***RESOLUTION - Adopt the FY 2023 Annual Appropriation Resolution. (Subject to Mayor’s veto) Sponsors: Office of Mayor & City Manager D. ID 22-1048 ***RESOLUTION - FY 2023 Gann Appropriation Limit Resolution (Subject to Mayor’s veto) Sponsors: Office of Mayor & City Manager E. ID 22-979 ***RESOLUTION - To Adopt an Investment Policy for Public Funds for Fiscal Year 2022-2023. (Subject to Mayor’s Veto) Sponsors: Finance Department F. ID 22-1044 ***BILL - (For introduction and adoption) - Adoption of Property Tax Override Ordinance (Subject to Mayor’s veto) Sponsors: Office of Mayor & City Manager (CONTINUED FROM JUNE 23, 2022) 10:00 A.M. #1 ID 22-989 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 City of Fresno ***Subject to Mayoral Veto Page 7 City Council Meeting Agenda - June 30, 2022 Final-revised the Zone Districts where Electrified Fences are permitted. 1. RECOMMEND ADOPTION of a finding set forth in 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 common sense 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 APPROVAL WITH CONDITIONS set forth by the Planning Commission Text Amendment Application No. P21-05809, to amend Section 15-2010 of the Fresno Municipal Code relating to the Zone Districts where Electrified Fences are permitted. Sponsors: Planning and Development Department 10:00 A.M. #2 ID 22-1027 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. 129 (Final Tract Map No. 6201) (property located on northeast corner of North Armstrong and East Floradora) (Council District 7) 1. ***RESOLUTION - to Annex Territory to Community Facilities District No. 11 and Authorizing the Levy of a Special Tax for Annexation No. 129 (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 2022-2023 and Future Tax Years Within and Relating to Community Facilities District No. 11, Annexation No. 129 (Subject to Mayor’s Veto) Sponsors: Public Works Department City of Fresno ***Subject to Mayoral Veto Page 8 City Council Meeting Agenda - June 30, 2022 Final-revised 10:05 A.M. ID 22-1026 HEARING to consider the proposed Annual Assessment for the City of Fresno Landscaping and Lighting Maintenance District No. 1 (Citywide) 1. ***RESOLUTION - Confirming the diagram and assessment and levy of annual assessment, 2022-2023, for Landscaping and Lighting District No. 1 (Subject to Mayor’s Veto) Sponsors: Public Works Department 3. GENERAL ADMINISTRATION 4. CITY COUNCIL 4-A. ID 22-1084 RESOLUTION - Initiating a General Plan Amendment and Rezone of Real Property located on North Emerson Avenue between North Marks Avenue and North West Avenue Sponsors: Councilmember Soria 5. CLOSED SESSION 5.-A. ID 22-1056 CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION - Government Code Section 54956.9, subdivision (d)(1): City of Fresno v. United States Department of Interior, Bureau of Reclamation; US Court of Federal Claims 1:16-cv-01276 Sponsors: City Attorney's Office 5.-B. ID 22-1077 POTENTIAL EXPOSURE TO LITIGATION: Government Code Section 54956.9(d)(2): Central Valley NMTC Fund, LLC., v. City of Fresno Sponsors: City Attorney's Office 5.-C. ID 22-1091 CONFERENCE WITH LABOR NEGOTIATORS - Government Code Section 54957.6 City Negotiators: TJ Miller Employee Organizations: City of Fresno ***Subject to Mayoral Veto Page 9 City Council Meeting Agenda - June 30, 2022 Final-revised 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 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, City of Fresno ***Subject to Mayoral Veto Page 10 City Council Meeting Agenda - June 30, 2022 Final-revised 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 Sponsors: Personnel Services Department 5.-D. ID 22-1100 CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Government Code Section 54956.9, subdivision (d)(2): Case Name: Verizon Wireless vs. City of Fresno. Sponsors: City Attorney's Office 5.-E. ID 22-1101 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. Government Code section 54956.9(d)(2); Claim by Adventure Church against City of Fresno dated May 4, 2022. 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 ADJOURNMENT UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS July 21, 2022 10:00 A.M. - HEARING to adopt resolutions and ordinance to annex territory and City of Fresno ***Subject to Mayoral Veto Page 11 City Council Meeting Agenda - June 30, 2022 Final-revised levy a special tax regarding CITY OF FRESNO COMMUNITY FACILITIES DISTRICT NO. 11, Annexation No. 130 (Final Tract Map No. 6308) (property located on the northeast corner of North Bryan and West Ashlan) (Council District 1) August 11, 2022 10:00 A.M. -Mixed Use Text Amendment (Ordinance Introduction) August 18, 2022 10:00 A.M. - Mixed Use Text Amendment (Ordinance Adoption) August 18, 2022 5:00 P.M. - West Area Neighborhoods Community Plan UPCOMING EMPLOYEE CEREMONIES July 20, 2022 - Employee of the Summer Quarter October 19, 2022 - Employee of the Fall Quarter November 16, 2022 -Employee Service Awards 2022 CITY COUNCIL MEETING SCHEDULE JULY 7, 2022 - NO MEETING JULY 14, 2022 - NO MEETING JULY 21, 2022 - 9:00 A.M. JULY 28, 2022 - NO MEETING AUGUST 4, 2022 - NO MEETING AUGUST 11, 2022 - 9:00 A.M. AUGUST 18, 2022 - 9:00 A.M. AUGUST 25, 2022 - NO MEETING SEPTEMBER 1, 2022 - 9:00 A.M. SEPTEMBER 8, 2022 - NO MEETING SEPTEMBER 15, 2022 - 9:00 A.M. SEPTEMBER 22, 2022 - NO MEETING SEPTEMBER 29, 2022 - 9:00 A.M. OCTOBER 6, 2022 - NO MEETING City of Fresno ***Subject to Mayoral Veto Page 12 City Council Meeting Agenda - June 30, 2022 Final-revised OCTOBER 13, 2022 - 9:00 A.M. OCTOBER 20, 2022 9:00 A.M. OCTOBER 27, 2022 - NO MEETING NOVEMBER 3, 2022 - 9:00 A.M. NOVEMBER 10, 2022 - NO MEETING NOVEMBER 17, 2022 - 9:00 A.M. NOVEMBER 24, 2022 - NO MEETING DECEMBER 1, 2022 - 9:00 A.M. DECEMBER 8, 2022 - NO MEETING DECEMBER 15, 2022 - 9:00 A.M. DECEMBER 22, 2022 - NO MEETING DECEMBER 29, 2022 - NO MEETING City of Fresno ***Subject to Mayoral Veto Page 13

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