City Council

City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Meeting Minutes - Final 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, August 24, 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. 9:00 A.M. ROLL CALL Councilmember Karbassi left the meeting at 12:19 p.m. CouncilMember Chavez joined the meeting at 2:09 p.m. 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 Maggie Guekguezian from the Wesley United Methodist Church Maggie Guekguezian 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: City of Fresno ***Subject to Mayoral Veto Page 1 City Council Meeting Minutes - Final August 24, 2023 Consent Calendar item 1-D (ID 23-1224) regarding a lease agreement with Signature Flight Support LLC for continued office / hanger space. The Executive Summary section of the staff report was amended to read “Since 1996, the Police Department’s Air Support Unit (Skywatch) has leased three aircraft hangers operated by Signature Flight Support LLC located at the Fresno Yosemite International Airport.” Consent Calendar item 1-R (ID 23-1163) regarding the summary vacation of a storm drain basin easement lying north of East Jensen Avenue, part two of this item, the resolution, is NOT Subject to Mayor's Veto. Consent Calendar item 1-T (ID 23-1269) regarding amendments to the municipal code relating to human rights, including protections against discrimination based on an individual’s caste and indigeneity – moved to the September 14, 2023, agenda by Councilmember Arias. Consent Calendar item 1-V (ID 23-1282) regarding a resolution to implement a public transportation agency safety plan, moved to the September 14, 2023, agenda as a 10:00 A.M. Scheduled Item by Council President Maxwell. ITEMS MOVED TO CONTESTED CONSENT FOR FURTHER DISCUSSION: 1-C ID 23-1196 regarding a Requirements Contract for retreading of commercial truck tires to Delray Tire and Retreading of Fresno, California for two years with three one-year optional extensions in the amount of $381,551.00, plus annual CPI adjustments. (Bid File 9659) - was moved to the Contested Consent by Councilmember Bredefeld. 1-G ID 23-1234 regarding *RESOLUTION - Authorizing the City Manager or Designee to apply for a $500,000 grant from the California Strategic Growth Council to fund community resilience center planning and execute any grant related documents on behalf of the City (Citywide) (Subject to Mayor’s Veto) - was moved to the Contested Consent by Councilmember Esparza. City of Fresno ***Subject to Mayoral Veto Page 2 City Council Meeting Minutes - Final August 24, 2023 1-M ID 23-1248 regarding Second Amendment Agreement to extend from September 1, 2023 through August 31, 2026, for Employee Assistance Program Services between the City of Fresno and Halcyon Behavioral Employee Assistance with an expected 2024 Fiscal Year expense of $77,836, an expected 2025 Fiscal Year expense of $82,215, and an expected 2026 Fiscal Year expense of $86,593, for a total contract amount of $246,644 and authorized by the Personnel Services Director - was moved to the Contested Consent by Councilmember Arias and Councilmember Bredefeld. 1-N ID 23-1275 regarding Approve a Side Letter of Agreement with the Fresno Police Officers Association (FPOA), for Unit 4 - Non-Management Police, regarding Court Appearances (Subject to Mayor’s Veto) - was moved to the Contested Consent by Councilmember Arias. 1-Q ID 23-1001 regarding Award of a Requirements Contract to Toter, LLC, for five years, with two one-year optional extensions, in an amount of $951,500 per year for the purchase of up to 15,000 refuse, recycling, and green waste/organics containers using a cooperative purchase agreement (Citywide). - was moved to the Contested Consent by Councilmember Arias. 1-R ID 23-1163 regarding Actions pertaining to the summary vacation of a storm drain basin easement lying north of East Jensen Avenue, between South Knight Avenue and South Martin Luther King Jr. Boulevard (Council District 3): - was moved to the Contested Consent by Councilmember Arias. 1-U ID 23-1281 regarding BILL - (for introduction) Adding Section 9-110 to Chapter 9 of the Fresno Municipal Code, Adding the Infectious Disease Lab Accountability and Transparency Ordinance - was moved to the Contested Consent by Councilmember Bredefeld. On motion of Councilmember Esparza, seconded by Vice President Perea,the above Agenda was APPROVED AS AMENDED. The motion carried by the following vote: Aye: 6 - Esparza, Maxwell, Perea, Karbassi, Arias and Bredefeld City of Fresno ***Subject to Mayoral Veto Page 3 City Council Meeting Minutes - Final August 24, 2023 Absent: 1 - Chavez CEREMONIAL PRESENTATIONS ID 23-1146 Proclamation for “Kapetan Brothers Day” PRESENTED COUNCILMEMBER REPORTS AND COMMENTS Councilmember Karbassi Reports and Comments: Expressed Gratitude towards Fresno Metropolitan Flood Control District and city staff for the swift response to the Hurricane Hilary's impact on the city. Contacted PG&E (Pacific Gas and Electric Company) due to numerous power outages in various neighborhoods. Councilmember Arias Reports and Comments: Announced upcoming events: Fulton Street Party, Fiestas Patrias on Fulton Street, 559 Market in Chinatown. Announced abatement and code enforcement cleanups in the Tower District. Discussed issues related to damaged water fountains on Fulton Street. Announced homeownership opportunities by Self-Help Enterprises in west Fresno. Councilmember Esparza Reports and Comments: Thanked residents for input on the Senior Center at Lafayette Park. Congratulated Will Oliver the new CEO of the Economic Development Corporation. Vice President Perea Reports and Comments: Announced the Tower District Specific Plan Workshop at Fresno City College. Meetings with District 1 school principals and Traffic Safety Collaboration. Announced the launch of Second Mobile Shower Unit in the Tower District. Acknowledged extension and frequency increase of bus lines to Justin Garza high school and North Point Business Park. Weekly pressure washing and litter abatement in the Tower District. Thanked the Mayor, Central Unified School District and the FAX Department for their collaboration on this project. Council President Maxwell Reports and Comments: Acknowledged the Community Meeting for Senior Activity Center, Affordable Housing, and thanked the PARCS Department. Thanked the Public Works Department for City of Fresno ***Subject to Mayoral Veto Page 4 City Council Meeting Minutes - Final August 24, 2023 infrastructure improvements made in District 4. Discussed engagement with Fresno State Students. Announced the Clear the Shelter Event at Fresno Valley Animal Center. Expressed birthday wishes for District 4 Communications Director Flores and Deputy District Director Vang. MAYOR/MANAGER REPORTS AND COMMENTS City Manager White Reports and Comments: Announced the release of the Economic Development Quarter 2 report. Announced the upcoming Greek Fest in Council District 7. CITY CLERK AND CITY ATTORNEY REPORTS AND COMMENTS City Clerk Stermer Reports and Comments: Announced the upcoming election on March 5th, 2024, and encouraged individuals to register to vote at registertovote.ca.gov.org paper registration postmarked by February 20th, 2024. City Attorney Janz Reports and Comments: Announced the Code Enforcement Night Unit is now operational. UNSCHEDULED COMMUNICATION Upon call, the following members of the public addressed Council: Melinda Solis, Sharrah Thompson, Dez Martinez, Kristin Pathier, Krystal, Christopher Washington, Sam Frank (5-C and 1-N), Alice Franzik on behalf of Kevin McCracken (1-O), Nikisha Warwick, Rosalinda Garcia, Fernando Elizondo SR, Leticia Casillas Luquin, David Willis, David Marshall (10:25 A.M. #2), Steve Diddy, Nya, Joe Martinez, Kevin McCracken (1-O), Miss 5250 (Lynn Owens), Lisa Flores, and Brandi Nuse-Villegas. 1. CONSENT CALENDAR APPROVAL OF THE CONSENT CALENDAR On motion of Vice President Perea, seconded by Councilmember Arias, 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 23-1265 Approval of Minutes for August 10, 2023, Regular Meeting. City of Fresno ***Subject to Mayoral Veto Page 5 City Council Meeting Minutes - Final August 24, 2023 APPROVED ON CONSENT CALENDAR 1.-B. ID 23-1203 Actions pertaining to the Fanning No. 76 Undergrounding Project (Council District 3): 1. Adopt a finding of Categorical Exemption pursuant to Section 15302/Class 2 of the California Environmental Quality Act Guidelines 2. Approve a Joint Project Agreement with the Fresno Irrigation District to provide for cost sharing on pipeline construction, for an estimated City contribution in the amount of $225,543.75 APPROVED ON CONSENT CALENDAR 1.-D. ID 23-1224 Actions pertaining to a Lease Agreement between the City of Fresno and Signature Flight Support LLC, a Delaware limited liability company, for the continued lease of office/hangar space for the Police Department’s Air Support Unit located at 4941 E Andersen, at the Fresno Yosemite International Airport 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 three-and-a-half-year lease agreement between the City of Fresno and Signature Flight Support LLC, a Delaware limited liability company in the amount of $44,604 annually, with annual increases by the greater of 3.5% or the CPI Adjustment, plus the proportionate CAM (Common Area Maintenance) charges at $2,220 annually The Executive Summary section of the staff report was amended to read “Since 1996, the Police Department’s Air Support Unit (Skywatch) has leased three aircraft hangers operated by Signature Flight Support LLC located at the Fresno Yosemite International Airport.” APPROVED ON CONSENT CALENDAR 1.-E. ID 23-1231 Award a purchase contract to Toyota of Selma, CA, for the purchase of 11 Toyota Prius in the amount of $330,815.38 to be utilized by the City Attorney’s Office Code Enforcement Division and the Planning & Development Department (Bid File 12302272) APPROVED ON CONSENT CALENDAR 1.-F. ID 23-1251 Approve the appointment of Al Moncada to the Mobile Home Rent Review and Stabilization Commission as an At-Large Member for a term ending 6/30/2025. Approve the appointment of Lisa Talley to the Fresno/Clovis Community Media Authority for a term ending 6/30/2025. City of Fresno ***Subject to Mayoral Veto Page 6 City Council Meeting Minutes - Final August 24, 2023 APPROVED ON CONSENT CALENDAR 1.-H. ID 23-1235 Actions pertaining to a grant agreement between the City of Fresno and the Cecil C. Hinton Community Center, a Non-Profit Corporation (District 3): 1. *** RESOLUTION - A Resolution of the Council of the City of Fresno adopting the 11th Amendment to the Annual Appropriation Resolution NO. 2023-185 reallocating $500,000 in General Fund and American Rescue Plan Act-ARPA (Revenue Replacement) Funding Between the Echo Paving McKinley to Olive Project and the Hinton Center Renovations (Requires five affirmative votes) (Subject to Mayor’s Veto) 2. Approve a two-year, $500,000 Grant Agreement between the City of Fresno and the Cecil C. Hinton Community Center non-profit for the Hinton Center Project 3. Authorize the City Manager or designee to execute all grant related documents on behalf of the City RESOLUTION 2023-235 ADOPTED APPROVED ON CONSENT CALENDAR 1.-I. ID 23-1215 Approve a consultant services agreement with JSA Environmental Consulting in an amount not to exceed $200,000.00 to provide professional lead-based paint inspections, testing, risk assessments, and consultant services for the City’s housing rehabilitation programs. APPROVED ON CONSENT CALENDAR 1.-J. ID 23-982 Actions pertaining to the West Area Neighborhoods Specific Plan: 1. Approve a consultant services amendment with De Novo Planning Group, for professional environmental analysis services related to the West Area Neighborhoods Specific Plan in the amount of $214,353.70. APPROVED ON CONSENT CALENDAR 1.-K. ID 23-1167 Consider Acceptance of the Kings Canyon Corridor Transit Oriented Development Study: 1. Adopt a finding that the project is statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15262 as a feasibility study. 2. RESOLUTION - Accepting the Kings Canyon Corridor Transit Oriented Development Study RESOLUTION 2023-236 ADOPTED APPROVED ON CONSENT CALENDAR City of Fresno ***Subject to Mayoral Veto Page 7 City Council Meeting Minutes - Final August 24, 2023 1.-L. ID 23-1205 Actions pertaining to renewing the Workforce Connection Young Adult Services Work Experience Agreement between Fresno Regional Workforce Development Board (FRWDB) and WIOA Young Adult FRWDB Provider of Service and the City of Fresno. Per the original agreement FRWDB will compensate up to 40 participants at minimum wage in an amount not to exceed $140,400 and the City of Fresno will serve as the worksite. This renewal is to complete the entirety of the agreement for the remaining 22 participants and be effective July 1, 2023 through June 30, 2024. APPROVED ON CONSENT CALENDAR 1.-O. ID 23-1149 BILL - (For Introduction)_-Amending Article 17, Chapter 9, Sections 9-1702 9-1704, 9-1706, 9-1707, 9-1708, 9-1709, 9-1711, 9-1712 and 9-1713 of the Fresno Municipal Code as it relates to police department dispatching of tow trucks. BILL B-31 APPROVED, INTRODUCED AND LAID OVER APPROVED ON CONSENT CALENDAR 1.-P. ID 23-1236 Approve the FY 23 annual participation agreement for the Federal Equitable Sharing Agreement and Certification Program for the disposition funds, including interest, forfeited in connection with a crime and authorize the City Manager and the Chief of Police to execute related documents. APPROVED ON CONSENT CALENDAR 1.-S. ID 23-1230 *** RESOLUTION - Authorizing Submission of Applications for Grant Funds in total amount of approximately $67,865,000 from the 2023/2024 Congestion Mitigation and Air Quality Improvement Program, Carbon Reduction Program, and the Surface Transportation Block Grant Program Call for Projects from the Fresno Council of Governments and Authorizing the Execution of all Application Related Documents by the Public Works Director, the Transportation Director, or designees (Citywide) (Subject to Mayor’s Veto) RESOLUTION 2023-238 ADOPTED APPROVED ON CONSENT CALENDAR 1.-T. ID 23-1269 ***Bill B-27 (Intro’d August 10, 2023) (For adoption) - Amending Sections 3-610, 3-616, 7-1510, 9-234 and 9-915 of the Fresno Municipal Code, relating to human rights, including protections against discrimination based on an individual’s caste and indigeneity (Subject to Mayor’s Veto) The above item was removed from the agenda by Councilmember Arias and City of Fresno ***Subject to Mayoral Veto Page 8 City Council Meeting Minutes - Final August 24, 2023 tabled to September 14, 2023. TABLED 1.-V. ID 23-1282 ***Resolution - To Implement a Public Transportation Agency Safety Plan (Subject to Mayor’s Veto) The above item was removed from the agenda by President Maxwell and tabled to September 14, 2023 at 10:00 A.M. TABLED 1.-W. ID 23-1284 Approve the appointment of Rodney Branch (District 4 Resident) to the Fresno Regional Workforce Development Board for a term ending November 1, 2024. APPROVED ON CONSENT CALENDAR 1.-X. ID 23-1283 Approve a First Amendment to the Vendor Agreement with Fresno Police & Neighborhood Watch for Outreach Services to Extend the Term of the Agreement and Increase Compensation in the Amount of $100,000. APPROVED ON CONSENT CALENDAR CONTESTED CONSENT CALENDAR 1.-C. ID 23-1196 Approve the award of a Requirements Contract for retreading of commercial truck tires to Delray Tire and Retreading of Fresno, California for two years with three one-year optional extensions in the amount of $381,551.00, plus annual CPI adjustments. (Bid File 9659) Councilmember Bredefeld moved this item to the Contested Consent Calendar for clarifications on how long retread tires last versus new tires. Council discussion on this item included: Cost savings of retread tires. On motion of Councilmember Bredefeld, seconded by Councilmember Arias, 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.-G. ID 23-1234 ***RESOLUTION - Authorizing the City Manager or Designee to apply for a $500,000 grant from the California Strategic Growth Council to fund City of Fresno ***Subject to Mayoral Veto Page 9 City Council Meeting Minutes - Final August 24, 2023 community resilience center planning and execute any grant related documents on behalf of the City (Citywide) (Subject to Mayor’s Veto) Councilmember Esparza moved this item to the Contested Consent Calendar for clarifications on the types of planning activity the funds will be used for. Council discussion on this item included: Project areas of community centers. RESOLUTION 2023-234 ADOPTED On motion of Councilmember Esparza, seconded by Councilmember Arias, that the above Action Item be ADOPTED. The motion carried by the following vote: Aye: 6 - Esparza, Maxwell, Perea, Arias, Chavez and Bredefeld Absent: 1 - Karbassi 1.-M. ID 23-1248 Approve a Second Amendment Agreement to extend from September 1, 2023 through August 31, 2026, for Employee Assistance Program Services between the City of Fresno and Halcyon Behavioral Employee Assistance with an expected 2024 Fiscal Year expense of $77,836, an expected 2025 Fiscal Year expense of $82,215, and an expected 2026 Fiscal Year expense of $86,593, for a total contract amount of $246,644 and authorized by the Personnel Services Director Councilmember Arias and Councilmember Bredefeld moved this item to the Contested Consent Calendar for clarifications on how often this program is used, number of employees and number of activities with the contractor; number of sessions per issue per year. Council discussion on this item included: What if more treatment is needed, and number of topics addressed in a year. 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.-N. ID 23-1275 ***Approve a Side Letter of Agreement with the Fresno Police Officers City of Fresno ***Subject to Mayoral Veto Page 10 City Council Meeting Minutes - Final August 24, 2023 Association (FPOA), for Unit 4 - Non-Management Police, regarding Court Appearances (Subject to Mayor’s Veto) Councilmember Arias moved this item to the Contested Consent Calendar for clarifications on the arrangement to pay police officers when they attend court for official business. Council discussion on this item included: MOU section 7.8.023 regarding compensation for court appearances; dIrection for Personnel to provide a memo outlining the compensation arrangements the city has with other bargaining units for court appearances. 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, Karbassi, Arias and Bredefeld Absent: 1 - Chavez 1.-Q. ID 23-1001 Award of a Requirements Contract to Toter, LLC, for five years, with two one-year optional extensions, in an amount of $951,500 per year for the purchase of up to 15,000 refuse, recycling, and green waste/organics containers using a cooperative purchase agreement (Citywide). Councilmember Arias moved this item to the Contested Consent Calendar for clarifications on the purpose of the contract. Council discussion on this item included: Coverage of the new color carts verses existing colors; replacement of stolen and damaged carts. 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.-R. ID 23-1163 Actions pertaining to the summary vacation of a storm drain basin easement lying north of East Jensen Avenue, between South Knight Avenue and South Martin Luther King Jr. Boulevard (Council District 3): 1. Adopt a finding of Categorical Exemption per Environmental Assessment Number PW13217 per staff determination, pursuant to Section 15304/Class 4 of the California Environmental Quality Act (CEQA) Guidelines City of Fresno ***Subject to Mayoral Veto Page 11 City Council Meeting Minutes - Final August 24, 2023 2. ***RESOLUTION - Ordering the summary vacation of a storm drain basin easement lying north of East Jensen Avenue, between South Knight Avenue and South Martin Luther King Jr. Boulevard (Subject to Mayor’s Veto) Part two of this item, the resolution, is NOT subject to veto. Councilmember Arias moved this item to the Contested Consent Calendar for clarifications on final agreement on the water basin, who is building it, who is paying for it, and who is responsible for maintaining it. Council discussion on this item included: Will a second basin be built by private development; is this the last obstacle for construction to commence at the park. RESOLUTION 2023-237 ADOPTED On motion of Councilmember Arias, seconded by Vice President Perea, that the above Action Item be ADOPTED. The motion carried by the following vote: Aye: 6 - Esparza, Maxwell, Perea, Arias, Chavez and Bredefeld Absent: 1 - Karbassi 1.-U. ID 23-1281 BILL - (for introduction) Adding Section 9-110 to Chapter 9 of the Fresno Municipal Code, Adding the Infectious Disease Lab Accountability and Transparency Ordinance. Councilmember Bredefeld moved this item to the Contested Consent Calendar to thank the team involved in working on the ordinance, clarify the Fresno County Board of Supervisors knowledge of the illegal lab in the City of Reedley, and to clarify the impact of the ordinance on the community. Council discussion on this item included: Regulating the physical environment, and providing for the health and safety of Fresno residence; responsibility to inform the public if a COVID infectious disease lab is going to open in their neighborhood; thanked medical partners for bringing to their attention misinformation the County of Fresno was spreading; getting the complete list of toxic material permits the county has awarded, and their code enforcement inspections; the unhoused; a possible city public health department; lack of transparency by the county; Board of Supervisors to protect the safety, health and well being of the public. City of Fresno ***Subject to Mayoral Veto Page 12 City Council Meeting Minutes - Final August 24, 2023 BILL B-32 APPROVED, INTRODUCED AND LAID OVER On motion of Councilmember Bredefeld, seconded by Councilmember Esparza, that the above Action Item be ADOPTED. The motion carried by the following vote: Aye: 6 - Esparza, Maxwell, Perea, Arias, Chavez and Bredefeld Absent: 1 - Karbassi 2. SCHEDULED COUNCIL HEARINGS AND MATTERS 10:00 A.M. ID 23-1227 Appearance by Maria Alvarez Garcia to discuss Demand accountability for animal abuse and neglect and stop back yard breeders! (Resident of District 1) Upon call Maria Alvarez Garcia did not appear. DID NOT APPEAR 10:03 A.M. ID 23-1264 Appearance by Jose Velasquez to discuss Code enforcement negligence/ adjacent field to my home causing damage to my home due to fire (Resident of District 1) Upon call Jose Velasquez did not appear. DID NOT APPEAR 10:20 A.M. ID 23-1233 Hearing to consider Development Permit Application No. P22-01346 and related Environmental Assessment No. P22-01346 pertaining to ±0.69 acres of property located on the northwest corner of East McKinley and South Fine Avenues (Council District 4) - Planning & Development Department. 1. CONSIDER Environmental Assessment (EA) No. P21-01346, dated December 8, 2022, a determination that the proposed project is categorically exempt under Section 15332/Class 32 (In-Fill Development Project) of the State of California Environmental Quality Act (CEQA) Guidelines; and, 2. DENY the appeal and UPHOLD the action of the Planning Commission and Planning and Development Department Director to approve Development Permit Application No. P22- City of Fresno ***Subject to Mayoral Veto Page 13 City Council Meeting Minutes - Final August 24, 2023 01346, authorizing the construction of an automated car wash facility subject to compliance with the Conditions of Approval dated December 8, 2022 . The above hearing was called to order at 10:55 A.M. Planning & Development Department Planning Manager Siegrist, Brady McGinnis Attorney, Orlando and Seth Ramirez of Ramirez planning and Muhammad Assad the project applicant, Christopher Hall Attorney McCormick Barstow (CQEA) presented the hearing. Upon call, the following members of the public addressed Council: Gerry Mirassou, Jason Hamm, Lashawn Toney, Xiamy Lee-Yang, Linda Fisher, Carmen Olivares, Marisol Villa, Sherry Yang, Pao Ly, Mai Chao Yang, Stephanie Lee-Hirata, Manuel Cunha, Rosario Rosales, Daisy Contreras, Yer Xiong, Steve Dailey, Martha De Latorre, and Joe Lenigan. The public comment period closed at 12:19 P.M. Council discussion on this item included: Role of Staff and Planning Commission in reviewing and processing applications; importance of critical review and public input in the decision-making process; the impact of noise and environmental factors on autistic students; the project's proximity to a program for autistic and special needs populations; Community Engagement and Meetings between the applicant group and the Rivendale Community; whether alternative developments were considered that would be more acceptable to the residents or the community; efforts made to address community concerns and preferences. NOT APPROVED Council President Maxwell motioned to NOT APPROVE the above item, Councilmember Arias seconded the motion which passed by the following vote: Aye: 6 - Esparza, Maxwell, Perea, Karbassi, Arias and Bredefeld Absent: 1 - Chavez 10:25 A.M.#1 (CONTINUED TO SEPTEMBER 14, 2023, AT 10:25 A.M.) ID 23-1226 Consideration of an appeal filed regarding Vesting Tentative Tract Map No. 6366, Planned Development Permit Application No. P22-04877, and related Environmental Assessment No. T-6366/P22-04877 for City of Fresno ***Subject to Mayoral Veto Page 14 City Council Meeting Minutes - Final August 24, 2023 approximately 7.94 acres of property located on the west side of North Bliss Avenue between East Shields and East Princeton Avenues (Council District 7). 1. ADOPT Environmental Assessment No. T-6366/P22-04877 dated July 12, 2023, an Addendum to Environmental Assessment No. P22 -01202, in accordance with Section 15164 of the California Environmental Quality Act (CEQA) Guidelines. 2. DENY the appeal and UPHOLD the action of the Planning Commission in the approval of Vesting Tentative Tract Map No. 6366 proposing to subdivide approximately 7.94 acres of the subject property into a 71-lot single-family residential development subject to the following: a. Development shall take place in accordance with the Conditions of Approval for Vesting Tentative Tract Map No. 6366 dated August 2, 2023. 3. DENY the appeal and UPHOLD the action of the Planning Commission in the approval of Planned Development Permit Application No. P22-04877 proposing to modify the RS-5 (Single-Family Residential, Medium Density) zone district development standards to allow for a reduction in the garage setback, rear yard setback, garage to façade setback, minimum lot size, minimum lot depth, an increase in maximum lot coverage, and gated private streets subject to the following: a. Development shall take place in accordance with the Conditions of Approval for Planned Development Permit Application No. P22-04877 dated August 2, 2023. The above item was removed from the agenda by staff and tabled to September 14, 2023, at 10:25 A.M TABLED 10:25 A.M. #2 (CONTINUED TO SEPTEMBER 14, 2023, AT 10:25 A.M.) ID 23-1252 Hearing to consider adoption of resolutions related to the designation of properties to the Local Register of Historic Resources and adoption of findings necessary to support recommendation pursuant to FMC 12-1609 1. ***RESOLUTION - A Resolution of the City Council of the City of Fresno, California, designating the Dr. Earl R. Meyers Sr. & Mrs. Mattie B. Meyers Fresno Street Medical Arts Center located at 444 Fresno Street, Fresno California to the Local Register of Historic Resources (Council District 3) (Subject to Mayor’s veto). The above item was removed from the agenda by staff and tabled to September 14, 2023, at 10:25 A.M City of Fresno ***Subject to Mayoral Veto Page 15 City Council Meeting Minutes - Final August 24, 2023 TABLED 3. GENERAL ADMINISTRATION 4. CITY COUNCIL 5. CLOSED SESSION Council entered closed session at 2:42 P.M. 5.-A. ID 23-1267 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 discussed in closed session. There were no open session announcements regarding this item. DISCUSSED 5.-B. ID 23-1261 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.-C. ID 23-1268 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) The above item was discussed in closed session. There were no open session announcements regarding this item. DISCUSSED 5.-D. ID 23-54 PUBLIC EMPLOYEE PERFORMANCE EVALUATION 1. Government Code Section 54957(b): consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee. Title: City Attorney 2. Government Code Section 54957.6: conference with labor City of Fresno ***Subject to Mayoral Veto Page 16 City Council Meeting Minutes - Final August 24, 2023 negotiator. City Negotiator: Council President Tyler Maxwell. Unrepresented Employee: City Attorney The above item was discussed in closed session. There were no open session announcements regarding this item. DISCUSSED 5.-E. ID 23-53 PUBLIC EMPLOYEE PERFORMANCE EVALUATION 1. Government Code Section 54957(b): consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee. Title: City Clerk 2. Government Code Section 54957.6: conference with labor negotiator. City Negotiator: Council President Tyler Maxwell. Unrepresented Employee: City Clerk The above item was discussed in closed session. There were no open session announcements regarding this item. DISCUSSED ADJOURNMENT Adjourned from closed session at 4:46 P.M. The above minutes were approved by unanimous vote of the City Council during the September 14, 2023, regular meeting. City of Fresno ***Subject to Mayoral Veto Page 17