City Council

City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Meeting Minutes City Council President - Tyler Maxwell Vice President - Annalisa Perea Councilmembers: Mike Karbassi, Miguel Angel Arias, Luis Chavez, Garry Bredefeld, Nelson Esparza City Manager - Georgeanne A. White City Attorney - Andrew Janz City Clerk - Todd Stermer, CMC Thursday, July 20, 2023 9:00 AM Council Chambers (In Person and/or Electronic) Regular Meeting The City Council met in regular session in the Council Chamber, City Hall, on the date and time above written. 9:09 A.M. ROLL CALL Present: 7 - Councilmember Nelson Esparza Council President Tyler Maxwell Vice President Annalisa Perea Councilmember Mike Karbassi Councilmember Miguel Angel Arias Councilmember Luis Chavez Councilmember Garry Bredefeld Invocation by Father Jim Pappas with Saint George Greek Orthodox Church Father Jim Pappas gave the invocation. Pledge of Allegiance to the Flag Councilmember Bredefeld led the Pledge of Allegiance. APPROVE AGENDA City Clerk Stermer announced the following changes to the agenda: Consent Calendar item 1-B (ID 23-1091) regarding amendments to FMC City of Fresno ***Subject to Mayoral Veto Page 1 City Council Meeting Minutes July 20, 2023 section 2-1105 relating to campaign contributions. An updated bill was sent as a supplement and uploaded to the website. Also, the following changes to the staff report were read into the record: (i) Under the Recommendation header, the sentence “specify that the City limits for small contributor committee contributions refers to Government Code 85302(b),” should be removed. (ii) the last sentence under the “Background” header should read, “[t]his update reflects that and clarifies which sections of the Government Code are the references for individual and small contributor committees contributions.” Consent Calendar item 1-R (ID 23-1074) regarding a consultant services agreement with Tetra Tech BAS, Inc. to conduct a composting facility feasibility study for the Fresno-Clovis Regional Wastewater Reclamation Facility – was removed from the agenda by Councilmember Arias and tabled to August 10, 2023. Consent Calendar item 1-KK (ID 23-1050) regarding the creation of a pilot program to improve the safety of and establish procedures for sidewalk vending in Tower District – the item is subject to Mayor’s Veto. Closed Session item 5-B (ID 23-1070) regarding TAT Fresno, LLC v. City of Fresno – was removed from the agenda and tabled to August 10, 2023. Closed Session item 5-C (ID 23-1072) regarding HAVEN #20, LLC v. City of Fresno – was removed from the agenda and tabled to August 10, 2023. Councilmember Chavez stated Consent Calendar item 1-P (ID 23-1061) regarding second amendment agreement to the agreement with Fresno Unified School District - noted that while his spouse works at Fresno Unified there is no conflict of interest. Councilmember Bredefeld recused himself from Consent Calendar item 1-Y (23-1119) regarding the Senior Activity Center and Affordable housing project. Councilmember Bredefeld registered a "no" vote on Consent Calendar item City of Fresno ***Subject to Mayoral Veto Page 2 City Council Meeting Minutes July 20, 2023 1-N (ID 23-942) regarding the Climate Adaptation and Environmental Justice Planning. Vice President Perea recused herself from Consent Calendar item 1-GG (ID 23-1073) regarding professional engineering services agreement with Quad Knopf, Inc., dba QK. ITEMS MOVED TO CONTESTED CONSENT FOR FURTHER DISCUSSION: 1-D (ID 23-1088) regarding the Municipal Service Center Electrical Infrastructure and Rehab project – was moved to Contested Consent by Councilmember Arias. 1-F (ID 23-1124) regarding a lease agreement between the City of Fresno and Tutelian Holdings I, LLC, for office space located at 2440 Tulare Street – was moved to Contested Consent by Councilmember Arias. 1-K (ID 23-1083) regarding Requirements Contract for Charter Bus Services – was moved to Contested Consent by Councilmember Arias. 1-L (ID 23-1039) regarding the U.S. Department of Housing and Community Development Office of Community Planning and Development (HUD CPD) – was moved to Contested Consent by Councilmember Arias. 1-N (ID 23-942) regarding the Climate Adaptation and Environmental Justice Planning – was moved to Contested Consent by Council President Maxwell. 1-Q (ID 23-744) regarding the 2022 Edward Byrne Memorial Justice Assistance Grant (JAG) Program – was moved to Contested Consent by Councilmember Arias. 1-Y (ID 23-1119) regarding the Senior Activity Center and Affordable Housing Project – was moved to Contested Consent by Councilmember Arias. City of Fresno ***Subject to Mayoral Veto Page 3 City Council Meeting Minutes July 20, 2023 1-LL (ID 23-1097) regarding Affordable Connectivity Program - was moved to Contested Consent by Vice President Perea. On motion of Councilmember Arias, seconded by Councilmember Esparza,the above agenda was APPROVED AS AMENDED. The motion carried by the following vote: Aye: 7 - Esparza, Maxwell, Perea, Karbassi, Arias, Chavez, and Bredefeld On motion of Councilmember Arias, seconded by Council President Maxwell to reconsider approval of the agenda to place Consent Calendar item 1-GG (ID 23-1073) regarding professional engineering services agreement with Quad Knopf, Inc., dba QK. back on the agenda, then table the item to August 10, 2023. The motion carried by the following vote: Aye: 5 - Esparza, Maxwell, Arias, Chavez, and Bredefeld Absent: 1 - Karbassi Recused: 1 - Perea On motion of Councilmember Arias, seconded by Councilmember Bredefeld,the above AGENDA was APPROVED AS AMENDED. The motion carried by the following vote: Aye: 6 - Esparza, Maxwell, Perea, Arias, Chavez and Bredefeld Absent: 1 - Karbassi CEREMONIAL PRESENTATIONS ID 23-905 Proclamation for “Honoring Carden School for their achievement at this year’s Science Fair” PRESENTED ID 23-1092 Proclamation for “Kristine Cai Day” PRESENTED ID 23-1100 Fresno Animal Center’s “Pet of the Month” presented by Fresno Humane Animal Services PRESENTED COUNCILMEMBER REPORTS AND COMMENTS City of Fresno ***Subject to Mayoral Veto Page 4 City Council Meeting Minutes July 20, 2023 Councilmember Arias Reports and Comments: Announced the construction of a new tot lot at JSK Park started, aiming for completion by September and acknowledged staff for their efforts on the construction project. Announced the Code Enforcement School Area Team will be hosting an outreach event at Addams Elementary. Discussed the ongoing repaving work in Gary, MLK, Florence, and Fairview neighborhoods with completion in the next upcoming weeks. Discussed the status of completion for the preservation of three Armenian homes in downtown Fresno and acknowledged the staff for the fire inspection for the project. Acknowledged Council Vice President Perea for the partnership on the pilot program for the Tower District Street vendor focusing on regulation, safety, and noise control. Councilmember Karbassi Reports and Comments: Attended and sponsored the Fresno Police Officers Association (FPOA) charity poker tournament to benefit the newly formed Fresno Police Officers Foundation. Attended the Fresno Fire Department Academy graduation. Had numerous constituent visits, addressing issues with sidewalks, and falling tree limbs, and acknowledged public works staff for their quick responses. Mentioned several grand openings in Northwest Fresno, including the Ladybug Boutique and California Fish Grill. Acknowledged Assistant Director Skei, of the Heart Team, for being helpful and responsive in addressing issues related to businesses on the Shaw Avenue Corridor. Reminded the public of the availability of the Pinedale cooling centers which includes free transportation. Councilmember Chavez Reports and Comments: Expressed gratitude to the Public Works team for their hard work in filling potholes and fixing streets that were appropriated for repairs in the previous year. Thanked the cooling center staff for their efforts and discussed the importance of the cooling centers for people without air conditioning at home. Councilmember Esparza Reports and Comments: Participated in a ribbon-cutting ceremony for the Senior Center Outreach headquarters. Gratitude was extended to the neighbors who attended a neighborhood watch meeting on the morning of Fourth of July near Manchester Park. Announced the upcoming Beautify Fresno event at Leavenworth Elementary City of Fresno ***Subject to Mayoral Veto Page 5 City Council Meeting Minutes July 20, 2023 on Saturday at 8:00 a.m. Announced the annual "Beat the Heat" event at Romaine Park on August 9, 2023 from 3:00 to 6:00 p.m. Acknowledged District 7 staff, community partners, and the parks department for their efforts in organizing the event. Vice President Perea Reports and Comments: Attended the Senior Center Town Hall meetings to gather input for the new senior center in District 1 and acknowledged staff for organizing the meetings. Attended the Teague Resource Center community input meeting. Participated in Senator Caballero's young legislative program. Announced the upcoming two evening in District 1 - movies in the park at Lions Park showing "Cool Running's" and the Tower District Farmers Market. The upcoming back to school events were announced: Back-to-School Block Party at the Teague Resource Center July 29, 2023, backpack giveaway at Fresno City College in partnership with District 7 on July 30, 2023, and backpack giveaway at Inspiration Park in partnership with Assembly Member Esmeralda Soria on August 3, 2023. She announced the final movies in the park event will be held at Lions Park on August 10, 2023. Gave extended birthday wishes to John Robles, who will be turning 100 years old and will celebrate with family and friends on Sunday. President Maxwell Reports and Comments: Announced upcoming community meetings in District 4, a star party at Einstein Park on Saturday from 8:00 p.m. to 10:00 p.m. Announced the annual "Beat the Heat" event at Vinland Park from 4:00 to 7:00 .pm. on August 12, 2023. Councilmember Bredefeld Reports and Comments: Discussed the departure of Deputy Mayor Matthew Grundy and wished him well in his future endeavor and acknowledged Deputy Mayors dedication to the City of Fresno. MAYOR/MANAGER REPORTS AND COMMENTS City Manager White Reports and Comments: Discussed the draft Environmental Impact Report (EIR) public comment period for the SATA plan that opened earlier in the week and discussed the draft Multi-Jurisdictional Housing Element with a 30-day public comment period starting August 18, 2023. Acknowledged Deputy Mayor Grundy's last day City of Fresno ***Subject to Mayoral Veto Page 6 City Council Meeting Minutes July 20, 2023 will be on August 1, 2023. Praised Deputy Mayor Grundy and admired his humble and collaborative approach in the City of Fresno. CITY CLERK AND CITY ATTORNEY REPORTS AND COMMENTS City Clerk Stermer Reports and Comments: Announced availability on boards and commission for individuals who have a passion to serve their community and encouraged interested individuals to browse the vacancies and submit their applications on the City Clerk's website. Announced the upcoming primary election on March 5, 2024, the City Clerk's website will be updated with relevant documentation to guide potential candidates. Information about the election can also be found on the Fresno County website at fresnocountyca.gov or call the Elections Department at 559-600-8683. The upcoming election include Council Districts 2, 4, 6, and the Mayoral position. UNSCHEDULED COMMUNICATION Upon call, the following members of the public addressed Council: Brunette Harris (1-L), Yvonne Gordon (1-L), David C. Marshall, Diane Smith (1-L), Fernando Paul Elizondo, Maria Alvaren Garcia, Brandi Nuse-Villegas, Ivanka Saunders, Natalie Delgado and Lisa Flores. 1. CONSENT CALENDAR APPROVAL OF THE CONSENT CALENDAR On motion of Councilmember Arias, seconded by Councilmember Esparza, the CONSENT CALENDAR was hereby adopted by the following vote: Aye: 6 - Esparza, Maxwell, Perea, Karbassi, Arias and Bredefeld Absent: 1 - Chavez 1.-A. ID 23-1068 Approval of Minutes for June 29, 2023, Regular Meeting. APPROVED ON CONSENT CALENDAR 1.-B. ID 23-1091 BILL - (For Introduction) to Amend Section 2-1105 of the Fresno Municipal Code, relating to Campaign Contributions - Limitations on amount and document filing methods. BILL B-24 APPROVED, INTRODUCED AND LAID OVER APPROVED ON CONSENT CALENDAR City of Fresno ***Subject to Mayoral Veto Page 7 City Council Meeting Minutes July 20, 2023 1.-C. ID 23-1089 Actions related to a California Office of Emergency Services (Cal OES) Training Agreement for $77,250 for Regional Task Force MOBEX Event 1. Accept FY 2024 Cal OES training award for $77,250 for Regional Task Force MOBEX event. 2. ***RESOLUTION - Adopting the 7th Amendment to the Annual Appropriation Resolution No. 2023-185 to increase appropriations by $77,300 from Cal OES to provide mobilization exercise (MOBEX) training to Regional Task Force (RTF) members. (Requires 5 affirmative votes)(Subject to Mayor’s Veto). APPROVED ON CONSENT CALENDAR 1.-E. ID 23-1098 Actions pertaining to the Fresno Water Tower Electrical Upgrade project: 1. Adopt finding of a Categorical Exemption pursuant to Section 15301(a) Existing Facilities of the California Environmental Quality Act (CEQA) Guidelines 2. Award a construction contract to Art’s Construction Co., Inc. of Fresno, California, in the amount of $695,000 for the construction of the Fresno Water Tower Electrical Upgrade project (Bid File 12301487)(District 3) 3. Authorize the Director of General Services or designee to execute all related documents APPROVED ON CONSENT CALENDAR 1.-G. ID 23-1094 Approve a three-year Service Agreement with Info-Tech Research Group for membership services and access to industrywide product information and support services in the amount of $116,010.03, with annual payments of $38,670.01, utilizing competitively bid California Multiple Award Schedule (CMAS) contract 3-19-70-3685A. APPROVED ON CONSENT CALENDAR 1.-H. ID 23-1104 Actions pertaining to the implementation of customer relationship management software for Council Offices: 1. Affirm City Manager’s determination that Incapsulate, LLC is uniquely qualified. 2. Award a contract to Incapsulate, LLC for the Customer Relationship Management implementation for Council Offices in the amount of $154,638.50. 3. ***RESOLUTION - Adopting the 5th Amendment to the Annual Appropriation Resolution (AAR) No. 2023-185 to appropriate $154,700.00 for implementation of customer relationship City of Fresno ***Subject to Mayoral Veto Page 8 City Council Meeting Minutes July 20, 2023 management software for Council Offices (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto) RESOLUTION 2023-204 ADOPTED APPROVED ON CONSENT CALENDAR 1.-I. ID 23-1109 Approve the appointment of Emogene Nelson to Housing Authority of the City of Fresno for a term ending 4/30/2027. Approve the appointment of Paul Idsvoog to Housing Authority of the City of Fresno for a term ending 4/30/2024. Approve the appointment of Birdevinder Rickie Dhillon to the Disability Advisory Commission for a term ending 6/30/2024. Approve the appointment of Joseph Catania to the Tower District Specific Plan Implementation Committee for a term which serves at the pleasure of the Mayor. Approve the reappointment of Vernon J. Tracy to the Civil Service Board for a term ending 6/30/2027. APPROVED ON CONSENT CALENDAR 1.-J. ID 23-1082 Actions pertaining to the Consultant Services Agreement with eProperty Innovations, LLC: 1. Affirm the City Manager’s determination that eProperty Innovations, LLC, is uniquely qualified to provide professional consultant services for the planning and development of the City of Fresno ’s Land Bank operational framework. 2. Approve the Consultant Services Agreement between the City of Fresno and eProperty Innovations, LLC, in the amount of $79,580 for professional consultant services. APPROVED ON CONSENT CALENDAR 1.-M. ID 23-931 Actions pertaining to the Vehicle Miles Traveled (VMT) Mitigation Program: 1. Approve second amendment to the consultant services agreement with LSA Associates, Inc. extending contract performance date to December 31, 2024, and authorizing additional compensation in the amount of $151,595, for a total of $450,225.11. APPROVED ON CONSENT CALENDAR 1.-O. ID 23-1093 Accept a $300,000 contribution to the Community Benefits Fund from Lone Oak Fresno, LLC, for a project located at 791 and 998 East North Avenue, Fresno, APN 329-090-16 and 329-090-17. APPROVED ON CONSENT CALENDAR 1.-P. ID 23-1061 Approve a second amendment to the agreement with Fresno Unified School District (FUSD) for Student Resource Officers (SROs) at school sites, to provide an additional sergeant at FUSD school sites. This City of Fresno ***Subject to Mayoral Veto Page 9 City Council Meeting Minutes July 20, 2023 amendment provides for reimbursement in the amount of $117,513 from FUSD. Councilmember Chavez announced his wife works for the Fresno Unified School District but did not Recuse himself from the above item. APPROVED ON CONSENT CALENDAR 1.-R. ID 23-1074 Approve a consultant services agreement with Tetra Tech BAS, Inc., for an amount not to exceed $363,700, to conduct a composting facility feasibility study for the Fresno-Clovis Regional Wastewater Reclamation Facility (Council District 3). The above item was removed from the agenda by Councilmember Arias and tabled to August 10, 2023. TABLED 1.-S. ID 23-1084 Reject all bids for the Requirements Contract for meter boxes, lids, and related parts (Bid File 9665) (Citywide) APPROVED ON CONSENT CALENDAR 1.-T. ID 23-1085 Approve the Second Amendment to the consultant services agreement with SEAM Group, LLC, to extend the term of the contract to December 31, 2024, for the previously approved contract in the amount of $387,200, for the Occupational Safety and Health Administration Compliant Lockout-Tagout Program at the Fresno-Clovis Regional Wastewater Reclamation Facility (Council District 3). APPROVED ON CONSENT CALENDAR 1.-U. ID 23-1086 Approve a consultant services agreement with Haley & Aldrich Incorporated, for an amount not to exceed $318,500, to provide a forensic investigation of structural components at the Northeast Surface Water Treatment Facility’s ozone contact basin and filter gallery (Council District 6). APPROVED ON CONSENT CALENDAR 1.-V. ID 23-1087 Actions pertaining to the Installation of a 16-inch diameter water main in Polk Avenue from Gettysburg Avenue to Acacia Avenue (Bid File 12301690) (Council District 1): 1. Adopt a finding of Categorical Exemption pursuant to Class 2, Section 15302(c) (Replacement or Reconstruction) of the California Environmental Quality Act Guidelines. 2. Award a construction contract to West Valley Construction Company, Inc., in the amount of $963,992. City of Fresno ***Subject to Mayoral Veto Page 10 City Council Meeting Minutes July 20, 2023 APPROVED ON CONSENT CALENDAR 1.-W. ID 23-1096 Actions pertaining to the Fresno-Clovis Regional Wastewater Reclamation Facility remote racking systems (Council District 3): 1. ***Resolution - Adopt a Resolution authorizing the purchase and installation of remote racking upgrades for circuit breakers at the Fresno-Clovis Regional Wastewater Reclamation Facility from Wesco International, Inc., in an amount not to exceed $900,637, without advertised competitive bidding.(Subject to Mayor’s Veto) 2. Award a sole source purchase agreement to Wesco International, Inc., in the amount of $900,637, to provide necessary safety upgrades to 59 medium voltage circuit breakers at the Fresno-Clovis Regional Wastewater Reclamation Facility. RESOLUTION 2023-207 ADOPTED APPROVED ON CONSENT CALENDAR 1.-X. ID 23-1038 Approve Contract Change Order No. 6 to Strategic Mechanical, Inc. in the amount of $9,958.15 for the Department of Transportation Fresno Area Express Replace HVAC FAX Administration Building Project, Project ID: FC00036 (Council District 3) APPROVED ON CONSENT CALENDAR 1.-Z. ID 23-1077 Actions pertaining to Resolution of Intention Number 1152-D to vacate a portion of North Hayes Avenue, south of West Bullard Avenue (Council District 2): 1. Adopt a finding of Categorical Exemption per Environmental Assessment Number P22-02007, pursuant to Section 15304/Class 4 of the California Environmental Quality Act (CEQA) Guidelines 2. Adopt the attached Resolution of Intention Number 1152-D to vacate a portion of North Hayes Avenue, south of West Bullard Avenue APPROVED ON CONSENT CALENDAR 1.-AA. ID 23-1101 RESOLUTION - Of Intention to Annex Final Tract Map Number 6383 as Annexation Number 146 to the City of Fresno Community Facilities District Number 11 and to Authorize the Levy of Special Taxes; and setting the Public Hearing for Thursday, August 10, 2023, at 10:05 am (Located on the northeast corner of North Armstrong Avenue and East Floradora Avenue ) (Council District 7) RESOLUTION 2023-208 ADOPTED APPROVED ON CONSENT CALENDAR City of Fresno ***Subject to Mayoral Veto Page 11 City Council Meeting Minutes July 20, 2023 1.-BB. ID 23-1095 BILL - (For introduction) - Amending Section 4-117 to the Fresno Municipal Code relating to National Targeted Hiring in contracts for any Public Work of Improvement not covered by a Project Labor Agreement and increasing median income levels for National Economically Disadvantaged Area BILL B-25 APPROVED, INTRODUCED AND LAID OVER APPROVED ON CONSENT CALENDAR 1.-CC. ID 23-1076 Award a requirements contract to Allied Rodent Control in the amount of $83,420.00 per year to provide rodent control services at various facilities and parks (Bid File 12301318) (City Wide) APPROVED ON CONSENT CALENDAR 1.-DD. ID 23-1024 Approve Contract Change Order No. 03 in the amount of an estimated $174,390.40 for increases in unit cost amounts to Dave Christian Construction Co., Inc. for the North Abby Street HMA Pavement Overlay from Divisadero Street to Olive Avenue, Project ID PW00784 (Bid File 3785) (Council District 3). APPROVED ON CONSENT CALENDAR 1.-EE. ID 23-1132 RESOLUTION - Adopting an amended list of proposed Public Works projects to receive Senate Bill 1 (SB 1) Road Maintenance and Rehabilitation Account funding for City Fiscal Year 2024. RESOLUTION 2023-209 ADOPTED APPROVED ON CONSENT CALENDAR 1.-FF. ID 23-1066 Actions pertaining to professional on-call architectural and engineering design services for the Public Works Engineering Division on City of Fresno parks capital improvement projects (Citywide) 1. Approve an On-Call Consultant Services Agreement with O’Dell Engineering Inc., of Fresno, California in the amount of $3,000,000 2. Approve an On-Call Consultant Services Agreement with Blair, Church and Flynn Consulting Engineers Inc., of Clovis, California in the amount of $3,000,000 3. Approve an On-Call Consultant Services Agreement with GHD Inc., of Fresno, California in the amount of $3,000,000 APPROVED ON CONSENT CALENDAR 1.-HH. ID 23-1065 RESOLUTION - Approving the Final Map of Tract No. 6402, and accepting dedicated public uses offered therein except for dedications offered subject to City acceptance of developer installed required improvements - located on East Alluvial Avenue west of North Willow Avenue (Council District 6) City of Fresno ***Subject to Mayoral Veto Page 12 City Council Meeting Minutes July 20, 2023 RESOLUTION 2023-210 ADOPTED APPROVED ON CONSENT CALENDAR 1.-II. ID 23-1031 Actions related to award of a contract with Trapeze Software Group, Inc. of Cedar Rapids, Iowa, in the amount of $1,189,131.00: 1. Affirm the City Manager’s determination that Trapeze Software Group, Inc. is uniquely qualified to perform maintenance services for existing Trapeze-based software products. 2. Affirm the City Manager’s determination that Trapeze Software Group, Inc. is uniquely capable as defined by the Federal Transit Administration for sole source non-competitive procurements, to perform software maintenance services for the Department of Transportation. 3. Award a three (3) year with two (2) 1-year options services contract to Trapeze Software Group, Inc. for the maintenance of existing Trapeze-based software products in the amount of $1,189,131.00. FAX anticipates expending $217,125 for the first year of this agreement, $225,517 the second year, and $236,793 the third and final year. This service contract includes two optional years, which FAX can opt to exercise. 4. Authorize the Director of Transportation or designee to execute all related documents. APPROVED ON CONSENT CALENDAR 1.-JJ. ID 23-1027 Approve the Department of Transportation / Fresno Area Express (FAX) federally mandated Title VI Service Equity Analysis for proposed service changes, with conclusions of no disparate impacts on minority populations or disproportionate burdens on low-income populations. APPROVED ON CONSENT CALENDAR 1.-KK. ID 23-1050 Resolution - Creating A Pilot Program to Improve The Safety Of And Establish Procedures For Sidewalk Vending In Tower District RESOLUTION 2023-211 ADOPTED APPROVED ON CONSENT CALENDAR 1. ID 23-1115 ***Resolution - to adopt a Commercial Façade Improvement Grant -MM. Program for Districts 1 and 4 (Subject to Mayor’s Veto) RESOLUTION 2023-213 ADOPTED APPROVED ON CONSENT CALENDAR City of Fresno ***Subject to Mayoral Veto Page 13 City Council Meeting Minutes July 20, 2023 CONTESTED CONSENT CALENDAR 1.-D. ID 23-1088 Actions pertaining to the Municipal Service Center Electrical Infrastructure and Rehab project: 1. Adopt finding of a Categorical Exemption pursuant to Section 15301(b) Existing Facilities and Section 15302(c) Replacement or Reconstruction of the California Environmental Quality Act (CEQA) Guidelines 2. Award a construction contract to A-C Electric Company of Bakersfield, California, in the amount of $10,147,090 for the construction of the Municipal Service Center Electrical Infrastructure and Rehab project (Bid File 12300704) (District 3) Councilmember Arias moved this item to Contested Consent to get clarification on the Municipal Service Center Electrical Infrastructure and Rehab project. Council discussion on this item included: Additional electrical City needs after spending ten million for this project; electrical infrastructure, replacements, and maintenance; 911 centers construction; future spending towards electrical needs, improvements, and adequate planning. APPROVED On motion of Councilmember Arias, seconded by Vice President Perea, that the above Action Item be APPROVED. The motion carried by the following vote: Aye: 6 - Esparza, Maxwell, Perea, Arias, Chavez and Bredefeld Absent: 1 - Karbassi 1.-F. ID 23-1124 Actions pertaining to a lease agreement between the City of Fresno and Tutelian Holdings I, LLC, a California limited liability company, for office space located at 2440 Tulare Street. 1. Adopt a finding of Categorical Exemption per staff determination, pursuant to Section 15301/Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines 2. Approve a 10-year lease agreement between the City of Fresno and Tutelian Holdings I, LLC, a California limited liability company in the amount of $157,719 annually, with annual increases averaging 2.5%, plus the proportionate share of building operating costs estimated at $69,408 annually City of Fresno ***Subject to Mayoral Veto Page 14 City Council Meeting Minutes July 20, 2023 Councilmember Arias moved this item to Contested Consent to get clarification on the flexibility of the 10-year lease agreement and whether the city can exit the lease before its expiration without financial penalties. Council discussion on this item included: Provisions regarding early termination and requirements of agreement; standard rate per square foot for office space; City’s responsibility for 7.55% of the operating costs of lease; increase of operating costs and comparison to previous situations. APPROVED On motion of Councilmember Arias, seconded by Councilmember Esparza, that the above Action Item be APPROVED. The motion carried by the following vote: Aye: 7 - Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld 1.-K. ID 23-1083 Actions Pertaining to a Requirements Contract for Charter Bus Services: 1. Approve the award of a requirements contract to Best Tours &Travel for two (2) years with two (2) optional one (1) year extensions for charter bus services for Parks, Afterschool, Recreation and Community Services (PARCS) programming (Bid File 12302539) 2. Authorize spending authority for charter bus services in an amount not to exceed $153,700 plus annual CPI increases, and no minimum spending guarantee expressed or implied under any respective requirements contract 3. Authorize the City Manager or designee to execute all related documents on behalf of the City Councilmember Arias moved this item to Contested Consent to get clarification on the Requirements Contract for Charter Bus Services. Council discussion on this item included: Unionization of vendor’s bus drivers and city’s potential to handle this process in-house. On motion of Councilmember Arias, seconded by Councilmember Esparza, that the above Action Item be APPROVED. The motion carried by the following vote: Aye: 7 - Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld City of Fresno ***Subject to Mayoral Veto Page 15 City Council Meeting Minutes July 20, 2023 1.-L. ID 23-1039 Actions pertaining to funding provided by the U.S. Department of Housing and Community Development Office of Community Planning and Development (HUD CPD): 1. ***RESOLUTION - Adopting Substantial Amendment 2022-02 to the Fiscal Year (FY) 2022-2023 Annual Action Plan and authorizing submission to the U.S. Department of Housing and Urban Development (HUD) to reprogram $1,417,211.98 in HOME Investment Partnership (HOME) funds from prior year HOME project savings; and authorizing the City Manager or designee to sign all implementing documents as approved to form by the City Attorney (Subject to Mayor’s veto) Councilmember Arias moved this item to Contested Consent to get clarification on the legality of the amendment. Council discussion on this item included: Reprogramming of funds; identified affordable housing projects; number of responses received regarding notice of funding, and funding from previous project savings redirected toward current housing projects. RESOLUTION 2023-205 ADOPTED On motion of Councilmember Arias, seconded by Vice President Perea, that the above Action Item be APPROVED. The motion carried by the following vote: Aye: 7 - Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld 1.-N. ID 23-942 Actions pertaining to the Climate Adaptation and Environmental Justice Planning: 1. ***RESOLUTION Adopt the 3rd Amendment to the Annual Appropriation Resolution No. 2023-185 to Appropriate $650,000 from unspent FY 2023 General Fund Appropriations for General Plan Climate Adaptation and Environmental Justice Planning Consultant Services (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto) 2. Approve a consultant services agreement with Dudek for professional services related to Climate Adaptation and Environmental Justice Planning in the amount of $650,000. Council President Maxwell moved this item to Contested Consent to get clarification on the difference between climate adaptation and climate action plans. City of Fresno ***Subject to Mayoral Veto Page 16 City Council Meeting Minutes July 20, 2023 Council discussion on this item included: Differences between Climate Adaptation Plan and Climate Action Plan; environmental justice plan; timeline for reports on progress and distribution; updating to maintain relevance; analysis on the impact of the environmental justice plan on our revenue base, growth, development, and job creation; and neighboring counties compliance and status compared to Fresno. RESOLUTION 2023-206 ADOPTED On motion of Council President Maxwell, seconded by Vice President Perea, that the above Action Item be APPROVED. The motion carried by the following vote: Aye: 6 - Esparza, Maxwell, Perea, Karbassi, Arias and Chavez No: 1 - Bredefeld 1.-Q. ID 23-744 Actions pertaining to the 2022 Edward Byrne Memorial Justice Assistance Grant (JAG) Program: 1. Authorize the Chief of Police to accept $325,212 in total grant funding for the 2022 JAG Program from the U.S. Department of Justice, Bureau of Justice Assistance for the City and County of Fresno 2. Authorize the Chief of Police to execute all related documents for the acceptance, modification, extension and administration of 2022 JAG Program 3. Authorize the Chief of Police to execute an agreement between the City of Fresno and the County of Fresno regarding the 2022 JAG Program Councilmember Arias moved this item to Contested Consent to get clarification on the 2022 Edward Byrne Memorial Justice Assistance Grant (JAG) Program. Council discussion on this item included: Reasoning for joint application with County of Fresno; funding of items not in proposed budget: and standards/disciplinary actions for police officers found armed and under the influence. On motion of Councilmember Karbassi, seconded by Councilmember Esparza, that the above Action Item be APPROVED. The motion carried by the following vote: Aye: 7 - Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld City of Fresno ***Subject to Mayoral Veto Page 17 City Council Meeting Minutes July 20, 2023 1.-Y. ID 23-1119 Actions pertaining to the Senior Activity Center and Affordable Housing Project (Council District 4) 1. Adopt an addendum to the Mitigated Negative Declaration as prepared for Environmental Assessment No. P23-02319, dated April 21, 2023, for the proposed project pursuant to the State of California Environmental Quality Act (CEQA) 2. Approve a 57-Year Ground Lease Agreement with Integrated Community Development, or related legal entity, to develop and operate the Senior Affordable Rental Housing project located at 4323-4333 North Blackstone Avenue 3. Approve an Affordable Housing Agreement with Integrated Community Development, or related legal entity, to develop a Senior Affordable Rental Housing project located at 4323-4333 North Blackstone Avenue 4. Approve Phase 1 of a Progressive Design-Build Contract with Integrated Community Development to provide design services related to the Senior Activity Center Project in an amount not to exceed $634,117 Councilmember Arias moved this item to Contested Consent to get clarification on the housing component of the project. Council discussion on this item included: limitations of physical space on the housing component; and estimate of GAP financing for closing. APPROVED On motion of Council President Maxwell, seconded by Councilmember Arias, that the above Action Item be APPROVED. The motion carried by the following vote: Aye: 6 - Esparza, Maxwell, Perea, Karbassi, Arias and Chavez Recused: 1 - Bredefeld 1.-GG. ID 23-1073 Approve an agreement for professional engineering services with Quad Knopf Inc., dba QK, of Fresno, California for $82,930 with a $7,500 contingency, for design and construction support services for the Roeding Park Pickleball Court Project (Council District 3) Councilmember Arias moved this item to Contested Consent and motioned to table the item to August 10, 2023. Upon call, there was no public comment and no Council discussion. City of Fresno ***Subject to Mayoral Veto Page 18 City Council Meeting Minutes July 20, 2023 TABLED On motion of Councilmember Arias, seconded by Councilmember Chavez, that the above Action Item be TABLED. The motion carried by the following vote: Aye: 6 - Esparza, Maxwell, Karbassi, Arias, Chavez and Bredefeld Recused: 1 - Perea 1.-LL. ID 23-1097 Resolution - To Bring Focused Attention to an Affordable Connectivity Program to Bridge the Digital Divide for Residents Who Lack Internet Access Vice President Perea moved this item to Contested Consent to explain the Affordable Connectivity Program and its significance in bridging the digital divide and creating opportunities for residents in Fresno County. Council discussion on this item included: Internet stipends to qualifying households in Fresno County; Digital Divide; Lack of internet access in Fresno County; Enrollment in the Affordable Connectivity Program; Percentage of residents enrolled in the program and its significance; Raising awareness of the program; Benefits of Internet Access; Impact of increased internet access on education, economic growth, and job opportunities. RESOLUTION 2023-212 ADOPTED On motion of Vice President Perea, seconded by Councilmember Esparza, that the above Action Item be APPROVED. The motion carried by the following vote: Aye: 7 - Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld 2. SCHEDULED COUNCIL HEARINGS AND MATTERS 10:00 A.M. #1 ID 23-1049 HEARING to adopt Resolutions and Ordinance to Annex Territory and Levy a Special Tax regarding City of Fresno Community Facilities District Number 11, Annexation Number 145 (Final Tract Map Number 6283) (Located on the southeast corner of North Fowler Avenue and East Dakota Avenue) (Council District 4) 1. ***RESOLUTION - to Annex Territory to Community Facilities City of Fresno ***Subject to Mayoral Veto Page 19 City Council Meeting Minutes July 20, 2023 District No. 11 and Authorizing the Levy of a Special Tax for Annexation No. 145 (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. 145 (Subject to Mayor’s Veto) The above hearing was called to order at 10:27 A.M. There was no staff presentation, no Council discussion. Upon call, no member of the public address Council. The public comment period closed at 10:28 A.M. RESOLUTION 2023-214 ADOPTED RESOLUTION 2023-215 ADOPTED RESOLUTION 2023-216 ADOPTED BILL B-26 INTRODUCED/ADOPTED AS ORDINANCE 2023-023 On motion of Council President Maxwell, seconded by Councilmember Arias, that the above Action Item be APPROVED. The motion carried by the following vote: Aye: 7 - Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld 10:00 A.M. #2 ID 23-1069 Appearance by Alberta Boran to discuss cleanliness of Fresno. (Resident of District 2) Appeared and addressed Council. 10:00 A.M. #3 ID 23-1118 Appearance by Mary Padilla to discuss who are we representing. (Resident of District 2) DID NOT APPEAR 10:05 A.M. (CONTINUED TO AUGUST 10, 2023, AT 10:05 A.M.) ID 23-1079 HEARING to consider the adoption of the Central Southeast Area Specific Plan and related Environmental Assessment, State Clearinghouse (SCH No. 2023020138), and related actions: City of Fresno ***Subject to Mayoral Veto Page 20 City Council Meeting Minutes July 20, 2023 1. ADOPT the Subsequent Mitigated Negative Declaration, Environmental Assessment No. P22-00400 dated February 1, 2023 (Exhibit I), prepared pursuant to CEQA Guidelines Section 15162 and 15070 et. Seq. and the Mitigation Monitoring and Reporting Program prepared pursuant to CEQA Guidelines Section 15097. 2. APPROVE Plan Amendment Application P22-00400 which proposes to: a. RESOLUTION - Approving repeal of the Roosevelt Community Plan, pertaining to approximately 15,721 acres (Exhibit N) b. BILL (For Introduction)(For Adoption) - Approving the repeal of the Butler/Willow Specific Plan, pertaining to approximately 563 acres (Exhibit O) c. RESOLUTION - Approving adoption of the Central Southeast Area Specific Plan and accompanying Planned Land Use Ma (Exhibit P) d. RESOLUTION - Approving adoption of the Planned Land Use Map (Figure LU-1) of the Fresno General Plan to incorporate the land use changes proposed in the Central Southeast Area Specific Plan (Exhibit Q) e. BILL (For Introduction)(For Adoption) - Approving the rezone of approximately 136 acres of property within the Central Southeast Area Specific Plan area to be consistent with the planned land uses proposed in the Plan (Exhibit R) 3. RESOLUTION - Authorizing the Planning Department Director or her designee to correct any typographical errors and update the text, policies, maps, tables, and exhibits contained in the Central Southeast Area Specific Plan, the Fresno General Plan, and the Development Code to reflect the final action taken by the Council, to the extent that such updates are necessary to maintain consistency (Exhibit S). The above item was removed from the agenda and tabled to August 10, 2023. TABLED 10:10 A.M. (CONTINUED TO AUGUST 10, 2023 AT 10:10 A.M.) ID 23-1080 HEARING to Consider Plan Amendment and Rezone Application No. P22-00507, Development Permit Application No. P22-00505, and related Environmental Assessment No. P22-00507/P22-00505 pertaining to ±1.23 acres of property located on the west side of North Sugar Pine Avenue between West Fir Avenue and West Beechwood Avenues. (Council District 2) - Planning & Development Department. City of Fresno ***Subject to Mayoral Veto Page 21 City Council Meeting Minutes July 20, 2023 1. ADOPT the Mitigated Negative Declaration as prepared for Environmental Assessment No. P22-00505/P22-00507, dated December 9, 2022, for the proposed project pursuant to the State of California Environmental Quality Act (CEQA); and, 2. RESOLUTION - Approving Plan Amendment Application No. P22- 00507, requesting authorization to amend the Fresno General Plan to change the planned land use designation for the subject property from Residential - Medium Density (±1.23 acres) to Commercial - General (±1.23 acres); and, 3. BILL - (For introduction and adoption) - Approving Rezone Application No. P22-00507, requesting authorization to amend the Official Zoning Map of the City of Fresno to rezone the subject property from the RS-5 (Residential Single Family, Medium Density) (±1.23 acres) zone district to the CG (Commercial - General) (±1.23 acres) zone district in accordance with the Plan Amendment Application; and, 4. APPROVE - Development Permit Application No. P22-00505, requesting authorization to construct an 11,664-square-foot medical clinic and associated parking, circulation, and infrastructure improvements on the approximately 1.23-acre site, subject to compliance with Conditions of Approval dated March 1, 2023. The above item was removed from the agenda and tabled to August 10, 2023. TABLED 3. GENERAL ADMINISTRATION 3.-A. ID 23-1103 Presentation on the Fresno County Multi-Jurisdictional Housing Element The above item was presented to Council by Planning Manager Pagoulatos, and Assent Environmental, Inc. Director of Urban Design and Planning Chelsey Payne. Upon call, there was no public comment. Council discussion on this item included: Adopting the secondary schedule; Increase of Arena number by 56%; meeting last cycle’s goals and factors that contributed for the Fresno County region; Overcoming challenges and obstacles to meet the Arena goals; Actions to address the gap between future actual's and the Arena goals; Strategies towards housing development in denser infill areas; Council Of Governments (COG), Transit-Oriented Development, One Fresno Housing Strategy regarding City's Involvement in Shelter Operations; impact of development in Madera County and loss of revenue in City of Fresno; Current state requirements for City of Fresno ***Subject to Mayoral Veto Page 22 City Council Meeting Minutes July 20, 2023 affordable housing in new developments; and estimated numbers, penalties and compliance for planning verses building affordable housing. PRESENTED 3.-B. ID 23-1130 Actions pertaining to the creation of the Capital Projects Department within the City of Fresno: 1. ***RESOLUTION - Creating the Capital Projects Department within the City of Fresno (Subject to Mayor’s Veto) 2. ***RESOLUTION - Adopting the 6th Amendment to the Annual Appropriations Resolution (AAR) No. 2023-185 appropriating $50,000,000 for the Downtown Fresno Public Infrastructure Improvement Projects and to reclassify $4,492,800 from the Department of Public Works and $1,867,900 from the Department of Public Utilities into the new Capital Projects Department (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto) 3. ***RESOLUTION - Adopt the First Amendment to the Position Authorization Resolution (PAR) No. 2023-184 adding 46 position and transferring 74 positions from the Department of Public Works and 20 positions from the Department of Public Utilities to The Capital Projects Department. (Subject to Mayor’s Veto) 4. ***RESOLUTION - Adopt the First Amendment to the FY 2024 Salary Resolution No. 2023-183, amending Exhibit 13-1, Unit 13, Exempt Supervisory and Professional (CFPEA) by increasing the salary step plan for Professional Engineer; and amending Exhibit 14, Unit 14, Exempt Management Classes (CFMEA) by retitling Public Works/Public Utilities Manager - Licensed Engineer to Licensed Engineer Manager and increasing the salary step range for the classification; and amending Exhibit 2, Non-Represented Management and Confidential Classes by increasing the Maximum of Range E5. (Subject to Mayor’s Veto) The above item was presented to Council by City Manager White and Assistant City Manager Miller. Council discussion on this item included: Acknowledge the Public Works Department and staff efforts; future expectancy of the departments success and longevity; departments efficiency to undertake the workload including infrastructure projects; flexibility for adjustments with factors like federal funding or other factors; the balance of the "big government" model with the efficient and agile practices of the private sector. RESOLUTION 2023-217 ADOPTED City of Fresno ***Subject to Mayoral Veto Page 23 City Council Meeting Minutes July 20, 2023 RESOLUTION 2023-218 ADOPTED RESOLUTION 2023-219 ADOPTED RESOLUTION 2023-220 ADOPTED On motion of Councilmember Karbassi, seconded by Vice President Perea, that the above Action Item be APPROVED. The motion carried by the following vote: Aye: 7 - Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld 4. CITY COUNCIL 5. CLOSED SESSION During open session, City Attorney Janz announced the items that would be discussed in closed session. Council withdrew to closed session at 11:01 a.m. 5.-A. ID 23-1064 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Government Code Section 54956.9, subdivision (d)(4): 1 potential case The above item was discussed in closed session. There were no open session announcements regarding this item. DISCUSSED 5.-B. ID 23-1070 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) TAT Fresno, LLC v. City of Fresno; Fresno Superior Court Case No.: 22CECG00234 The above item was removed from the agenda and tabled to August 10, 2023. TABLED 5.-C. ID 23-1072 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) HAVEN #20, LLC v. City of Fresno; Fresno Superior Court Case No.: 22CECG00238 The above item was removed from the agenda and tabled to August 10, City of Fresno ***Subject to Mayoral Veto Page 24 City Council Meeting Minutes July 20, 2023 2023. TABLED 5.-D. ID 23-1081 CONFERENCE WITH LEGAL COUNCIL - POTENTIAL EXPOSURE TO LITIGATION: Government Code Section 54956.9(d)(2): PW Fund B, LP, et al. v. City of Fresno The above item was discussed in closed session. There were no open session announcements regarding this item. DISCUSSED 5.-E. ID 23-1116 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Government Code Section 54956.9, subdivision (d)(4): 1 potential case The above item was discussed in closed session. There were no open session announcements regarding this item. DISCUSSED 5.-F. ID 23-1117 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Government Code Section 54956.9, subdivision (d)(4): 1 potential case The above item was discussed in closed session. Councilmember Bredefeld and Councilmember Chavez Recused. City Attorney Janz announced by a vote of 4 to 1 (Councilmember Arias voted No), the City Attorney was directed to intervene in a lawsuit involving the County of Fresno and Councilmembers Chavez and Bredefeld. DISCUSSED ADJOURNMENT Adjourned from Open Session at 3:12 P.M The above minutes were approved by unanimous vote of the City Council during the August 10, 2023, regular meeting. City of Fresno ***Subject to Mayoral Veto Page 25