City Council

City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Meeting Minutes - Final City Council President - Annalisa Perea Vice President - Mike Karbassi Councilmembers: Miguel Angel Arias, Tyler Maxwell, Luis Chavez, Garry Bredefeld, Nelson Esparza City Manager - Georgeanne A. White City Attorney - Andrew Janz City Clerk - Todd Stermer, CMC Thursday, January 11, 2024 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. 9:22 A.M. ROLL CALL Present: 7 - President Annalisa Perea Vice President Mike Karbassi Councilmember Luis Chavez Councilmember Miguel Angel Arias Councilmember Nelson Esparza Councilmember Tyler Maxwell Councilmember Garry Bredefeld Invocation by Pastor Simon Biasell from The Big Red Church Pastor Simon Biasell 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-H (ID 24-21) regarding allocation of One Fresno Youth Jobs Corps program funding to six organizations to provide City of Fresno ***Subject to Mayoral Veto Page 1 City Council Meeting Minutes - Final January 11, 2024 meaningful work experience at their worksites. The following was read into the record, "both Mayor Dyer and Councilmember Arias are on the board of the Downtown Association, which does not create a conflict pursuant to the Government Code." Councilmember Arias requested the meeting be adjourned in memory of George Rodriguez III, a member of the MLK Committee. Vice President Perea recused herself from Consent Calendar item 1-J (ID 24-48) regarding the second amendment to the Professional Engineering Services Agreement with Quad Knopf, Inc, dba QK. THE FOLLOWING ITEMS HAVE BEEN REMOVED FROM THE AGENDA: Schedule Hearing and Matters item 10:00 A.M. (ID 24-12) regarding hearing to consider Development Permit Application No. P21-02699, Vesting Tentative Parcel Map No. 2021-09 - was removed from the agenda and tabled to February 1, 2024, at 10:00 a.m. by Councilmember Esparza, Vice President Perea, President Maxwell, and Councilmember Arias. Vice President Perea read the following into the record for the 10:00 a.m. (ID 24-12): The item will be continued to allow additional time for the Council to review the material. The record on the matter contains a large amount of documents including comments received for the item from interested parties and members of the public. Schedule Hearing and Matters item 10:10 A.M. #1 (ID 24-09) regarding Text Amendment Application No. P23-02443 and related Environmental Finding for Environmental Assessment No. P23-02443 amending Subsection U to Section 3804 of Chapter 15 of the Fresno Municipal Code pertaining to the deferral of certain subdivision improvements (all Council Districts) - was removed from the agenda and tabled to January 18, 2024, at 10:10 a.m. by staff. Closed Session item 5-A (ID 24-75) regarding 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 - was removed from the agenda and tabled to January 18, 2024, by Council President Maxwell. City of Fresno ***Subject to Mayoral Veto Page 2 City Council Meeting Minutes - Final January 11, 2024 THE FOLLOWING ITEMS WERE MOVED TO CONTESTED CONSENT FOR FURTHER DISCUSSION: 1-H (ID 24-21) regarding allocation of One Fresno Youth Jobs Corps program funding to six organizations to provide meaningful work experience at their worksites - was moved to Contested Consent by Councilmember Arias. 1-I (ID 24-13) regarding the seventh amendment to the consultant services agreement with Ascent Environmental - was moved to Contested Consent by Councilmember Arias. 1-J (ID 24-48) regarding the second amendment to the Professional Engineering Services Agreement with Quad Knopf, Inc, dba QK - was moved to Contested Consent by Councilmember Arias. On motion of Councilmember Karbassi, seconded by Councilmember Arias, the above agenda was Adopted as Amended. The motion carried by the following vote: Aye: 7 - Perea, Karbassi, Chavez, Arias, Esparza, Maxwell, and Bredefeld On motion of Councilmember Arias, seconded by Vice President Karbassi, to reconsider the approval of the agenda. The motion carried by the following vote: Aye: 7 - Perea, Karbassi, Chavez, Arias, Esparza, Maxwell, and Bredefeld On motion of Councilmember Arias, seconded by Vice President Karbassi, to making the following changes to the Consent Calendar, item 1-J (ID 24-48) regarding the second amendment to the Professional Engineering Services Agreement with QK will remain on Consent and Consent Calendar item 1-I (ID 24-13) regarding the seventh amendment to the consultant services agreement with Ascent Environmental was moved to Contested Consent for further discussion. Aye: 7 - Perea, Karbassi, Chavez, Arias, Esparza, Maxwell, and Bredefeld On motion of Councilmember Arias, seconded by Vice President Karbassi, the above agenda be ADOPTED AS AMENDED. The motion carried by the following vote: City of Fresno ***Subject to Mayoral Veto Page 3 City Council Meeting Minutes - Final January 11, 2024 Aye: 7 - Perea, Karbassi, Chavez, Arias, Esparza, Maxwell and Bredefeld 9:00 A.M. 2024 CITY COUNCIL ELECTION ID 24-68 Election of Council President and Vice President Upon call, the following members of the public addressed Council: Fernando Elizando, Shar Thompson, and Yasir. VICE PRESIDENT PEREA ELECTED PRESIDENT COUNCILMEMBER KARBASSI ELECTED VICE PRESIDENT On motion of Councilmember Bredefeld, seconded by Councilmember Arias, to elect Councilmember Perea as President and Councilmember Karbassi as Vice President of the Council. The motion carried by the following vote: Aye: 7 - Perea, Karbassi, Chavez, Arias, Esparza, Maxwell and Bredefeld ID 24-69 Election of Chair and Vice Chair to the Successor Agency to the Redevelopment Agency of the City of Fresno Upon call, there was no public comment. COUNCILMEMBER ARIAS ELECTED CHAIR PRESIDENT PEREA ELECTED VICE CHAIR On motion of Councilmember Arias, seconded by Councilmember Esparza, to elect Councilmember Arias as the Chair and Councilmember Perea as the Vice Chair of the Successor Agency to the Redevelopment Agency of the City of Fresno. The motion carried by the following vote: Aye: 7 - Perea, Karbassi, Chavez, Arias, Esparza, Maxwell and Bredefeld CEREMONIAL PRESENTATIONS ID 24-28 Proclamation for “Rev. Dr. Martin Luther King, Jr. Unity Committee Day” PRESENTED ID 24-78 Proclamation for “Haron Family Legacy Day” City of Fresno ***Subject to Mayoral Veto Page 4 City Council Meeting Minutes - Final January 11, 2024 PRESENTED COUNCILMEMBER REPORTS AND COMMENTS Councilmember Maxwell Reports and Comments: Congratulated Blake Zante on the new Executive Director role for the Maddy Institute through Fresno State. Councilmember Chavez Reports and Comments: Discussed the Pothole Strike Team and encouraged residents to report potholes through the FresGo app. Acknowledged Ruben Almaraz for highlighting pedestrian safety concerns. Discussed the increase in mail theft in the district and will be collaborating with the policing districts and Congressman Costa to address the mail theft issues. Wished everyone a Happy New Year and is looking forward to working with Council President Perea and Vice President Karbassi. Councilmember Esparza Reports and Comments: Wished everyone a Happy New Year. Attended the Hmong New Year Celebration at the Fresno Fair Grounds. Invited everyone to School Area Team outreach event Ewing Elementary on January 18, 2024, from 1:30 p.m. to 4:00 p.m. Vice President Karbassi Reports and Comments: Wished everyone a Happy New Year. Provided an update on the traffic signal on Audubon and Del Mar. The work is scheduled to be completed by April 2024. Congratulated Blake Zante on the new Executive Director role for the Maddy Institute. Gave gratitude to Councilmember Maxwell for his Council Presidency in 2023. Councilmember Arias Reports and Comments: Acknowledged the administration for accommodating the use of trolleys for the tours to several Dual Immersion teachers at Fresno Unified. Acknowledged the Public Works Department for initiating the project on Clinton and Valentine involving intersection improvements. Announced the completion of the West Fresno - Center Advance Transportation Center vocational automotive training facility. The upcoming ribbon cutting will be held Thursday, January 25, 2024, from 10:00 a.m. to 12:00 p.m. Discussed concerns about open fires in residential neighborhoods. Council President Perea Reports and Comments: Wished everyone a Happy New Year. Attended the celebration of Hmong New Year and gave gratitude to Dr. Thao for the invitation. Acknowledged the Public Works City of Fresno ***Subject to Mayoral Veto Page 5 City Council Meeting Minutes - Final January 11, 2024 Department for their continuous work in District 1 and announced the upcoming grand opening of the new Van Ness and Weldon Park. Acknowledged and expressed gratitude to family and friends for their unconditional love and support. MAYOR/MANAGER REPORTS AND COMMENTS Mayor Dyer Reports and Comments: Acknowledged former Council President Maxwell for leading the Council effectively in 2023. Congratulated new Council President Perea and Vice President Karbassi. Discussed the Pothole Elimination Crew and infrastructure improvements in the city. Participated in the Martin Luther King Marches and award ceremony. Announced the upcoming Beautify Fresno cleanup event scheduled on Monday afternoon. Announced the upcoming trip to Washington DC as part of the US Conference of Mayors. City Manager White Reports and Comments: Welcomed new Council President Perea and Vice President Karbassi. Provided updates on the progress of the Animal Center, highlighting the reduction in animal intake, a decrease in adoptable cats and a substantial reduction in the dog population. Discussed a grant program for rescues providing relief to nonprofit rescues that have stepped up in addressing animal welfare. CITY CLERK AND CITY ATTORNEY REPORTS AND COMMENTS City Clerk Stermer Reports and Comments: Announced the opening of the Civil Service Board. Reminded residents to register to vote. Chief City Attorney Badhesha Reports and Comments: Announced a search warrant was served at Grow More Garden Supply, a warehouse operating as a garden distribution center in Fresno resulted in the seizure of 8,811 unlicensed marijuana plants and hundreds of pounds of illegal cannabis. UNSCHEDULED COMMUNICATION Upon call, the following members of the public addressed Council: Zahra Al; James Ruelas; Brandi Nuse-Villegas; Shar Thompson; David Willis; Kim Sands; Fernando Elizando; Aliah Shaath; Lynn Owens; Rebekah Nattenberg; Melaney Solis; Jacelyn Ramirez; Mia Bulnes; Lori Garcia; Hanan Elmasry; Haya Qutob; Grace Miller; Valeria Rodriguez; Reza Nekumanesh; Osama; Daisy P.; Lauren Lopez; Jack Gross; Yasir; Inas Sakoury; Robert McCloskey; Layla Darwish; Mohammed Q; Atziri Baboza, and Lisa Flores. City of Fresno ***Subject to Mayoral Veto Page 6 City Council Meeting Minutes - Final January 11, 2024 ID 24-152 Public Comment 1. CONSENT CALENDAR APPROVAL OF THE CONSENT CALENDAR On motion of Councilmember Arias, seconded by Councilmember Bredefeld, the CONSENT CALENDAR was hereby adopted by the following vote: Aye: 7 - Perea, Karbassi, Chavez, Arias, Esparza, Maxwell and Bredefeld 1.-A. ID 24-01 Approval of Minutes for December 7, 2023, Regular Meeting and December 14, 2023, Regular Meeting. APPROVED ON CONSENT CALENDAR 1.-B. ID 24-18 Approve the First Amendment to Master Equipment Lease Purchase Agreement to increase the borrowing capacity. APPROVED ON CONSENT CALENDAR 1.-C. ID 24-58 Actions pertaining to the Fresno Fire Department’s Scheduling, Evaluation and Learning Management systems: 1. Affirm the City Manager's determination that Vector Solutions is uniquely qualified to provide software for Scheduling, Evaluations and Learning Management System 2. Renew Vector Solutions software license for Scheduling, Evaluations and Learning Management System (LMS) in to a 5 -year contract, not to exceed $335,735 APPROVED ON CONSENT CALENDAR 1.-D. ID 24-31 Award a professional consultant agreement to TRC Solutions, Inc of Windsor, Connecticut with offices in Fresno, California for $147,221, plus a not-to-exceed contingency amount of $10,000, to develop a zero-emission vehicle transition plan for the municipal fleet and facilitate compliance with the California Air Resources Board Advanced Clean Fleet Regulation APPROVED ON CONSENT CALENDAR 1.-E. ID 24-30 Reject all bids received for the purchase of two Intermediate, Mid -size, Four-door Unleaded Sedans on behalf of the Department of Transportation/Fresno Area Express (FAX) (Bid File 3879) APPROVED ON CONSENT CALENDAR City of Fresno ***Subject to Mayoral Veto Page 7 City Council Meeting Minutes - Final January 11, 2024 1.-F. ID 24-44 Approve a First Amendment to the Consultant Services Agreement with Kleinfelder Inc. for Environmental Engineering Services in the amount of $20,200 to provide additional services for the Maxie L. Parks site located at 2165 South Elm Street, Fresno CA 93706, for a total amount not to exceed $60,770. (Council District 3) APPROVED ON CONSENT CALENDAR 1.-G. ID 24-53 ***RESOLUTION - Authorizing a Grant Application of up to $300,000 to the California Office of Traffic Safety (CA OTS) to Fund Bicycle and Pedestrian Safety Programming, Acceptance of Grant Funding, and Execution of Related Documents by the City Manager or Designee (Citywide) (Subject to Mayor’s Veto) RESOLUTION 2024-001 ADOPTED APPROVED ON CONSENT CALENDAR 1.-J. ID 24-48 Approve the Second Amendment to the Professional Engineering Services Agreement with Quad Knopf, Inc, dba QK in the amount of $15,000, increasing the total contract amount to $83,400 with a remaining contingency of $500, due to increased scope of services for the Fink-White Park Splash Pad Project (Council District 3). Council President Perea recused herself from the above item. The item was approved 6-0 by the following vote: Ayes (6): Karbassi, Arias, Maxwell, Chavez, Bredefeld, Esparza Recused (1): Perea APPROVED ON CONSENT CALENDAR 1.-K. ID 24-04 Approve an agreement for Professional Engineering Services with Peters Engineering Group, of Clovis, California, in the amount of $154,000, with a $10,000 contingency, for the design and construction support services for the Cedar Avenue Roadway Improvements between Herndon Avenue and Alluvial Avenue (Council District 6). APPROVED ON CONSENT CALENDAR 1.-L. ID 24-47 Approve the Agreement for Purchase and Sale of a Permanent Street Easement and Escrow Instructions to acquire a permanent easement for the construction of the widening of Ashlan Avenue between Bryan Avenue and Hayes Avenue as part of the Tract 6258 Offsite Right of Way Acquisition Project (Council District 1). APPROVED ON CONSENT CALENDAR 1.-M. ID 24-52 Actions pertaining to the Shields Avenue Paving Project from Parkway Drive to Brawley Avenue (Council District 1): City of Fresno ***Subject to Mayoral Veto Page 8 City Council Meeting Minutes - Final January 11, 2024 1. Adopt a finding of Categorical Exemption per staff determination pursuant to Section 15301/ Class 1 and Section 15332/Class 32 of the California Environmental Quality Act (CEQA) Guidelines. 2. Approve the Agreement for Purchase and Sale of a Permanent Street Easement and Escrow Instructions to acquire a permanent easement and right of way for public street purposes on a 0.23 -acre (10,450 square feet) unimproved portion of a 12.73-acre (554,519 square feet) parcel, located at 3051 North Mosswood Drive (Assessor’s Parcel Number (APN) 433-09-023S), owned by Green Acres MH, LLC, a California limited liability company, in the amount of $47,100. APPROVED ON CONSENT CALENDAR 1.-N. ID 24-23 Award a requirements contract to Metron-Farnier LLC, for the purchase of large diameter water meters for three years with two optional one-year extensions, in an amount not to exceed $156,332.80 per year, plus annual Consumer Price Index increases (Bid File 12400342) (Citywide). APPROVED ON CONSENT CALENDAR 1.-O. ID 24-22 Actions pertaining to the Replacement of Variable Frequency Drives at the Fresno-Clovis Regional Wastewater Reclamation Facility (Bid File 12400495) (Council District 3): 1. Adopt a finding of Categorical Exemption pursuant to Class 2, Section 15302 (Replacement or Reconstruction) of the California Environmental Quality Act (CEQA) Guidelines. 2. Approve the award of a purchase contract to Allied Electric of Fresno, California, for the purchase of two (2) Allen-Bradley PF755TL 800 HP ND Type 1 Variable Frequency Drives in the amount of $383,311.25. APPROVED ON CONSENT CALENDAR 1.-P. ID 24-38 Approve a consultant services agreement with Water Systems Consulting, Inc., for an amount not to exceed $767,880, and a contingency amount of $70,000, to prepare a Water Reuse Master Plan for the City of Fresno. (Bid File 12302738) (Citywide). APPROVED ON CONSENT CALENDAR 1.-Q. ID 24-20 Actions pertaining to the summary vacation of a portion of the unused public utility easement located adjacent to North Alicante Drive and west of North Willow Avenue (Council District 6). 1. Adopt a finding of Categorical Exemption per staff determination, pursuant to Section 15301/Class 1 and Section 15305/Class 5 of the California Environmental Quality Act (CEQA) Guidelines, EA City of Fresno ***Subject to Mayoral Veto Page 9 City Council Meeting Minutes - Final January 11, 2024 P23-02518. 2. RESOLUTION - Ordering the summary vacation of a portion of the unused public utility easement located adjacent to North Alicante Drive and west of North Willow Avenue. RESOLUTION 2024-003 ADOPTED APPROVED ON CONSENT CALENDAR 1.-R. ID 24-06 Actions pertaining to the summary vacation of a portion of a public watermain easement on Parcel N of Parcel Map Number 2008-13, lying southwest of North Riverside Drive, between West Herndon Avenue and North Veterans Boulevard (Council District 2): 1. Adopt a finding of Categorical Exemption per Environmental Assessment Number P23-01378 per staff determination, pursuant to and Section 15305, Class 5 Minor Alteration in Land Use Limitations of the California Environmental Quality Act (CEQA) Guidelines. 2. RESOLUTION - Ordering the summary vacation of a portion of a public watermain easement on Parcel N of Parcel Map Number 2008-13, lying southwest of North Riverside Drive, between West Herndon Avenue and North Veterans Boulevard. RESOLUTION 2024-004 ADOPTED APPROVED ON CONSENT CALENDAR 1.-S. ID 24-39 Submission for informational purposes of the Annual Comprehensive Financial Reports (“ACFR”) regarding the Financial Activities of the City of Fresno Retirement Systems for the Fiscal Year Ending June 30, 2023 APPROVED ON CONSENT CALENDAR 1.-T. ID 24-10 RESOLUTION - Renaming the Van Ness and Weldon Pocket Park to “Trolley” Park RESOLUTION 2024-005 ADOPTED APPROVED ON CONSENT CALENDAR 1.-U. ID 24-66 ***BILL B-36 - (Intro’d December 14, 2023)(For Adoption) Repealing Article 22 of Chapter 14 of the Fresno Municipal Code, relating to Cruising (Subject to Mayor’s Veto) ORDINANCE 2024-001 ADOPTED APPROVED ON CONSENT CALENDAR City of Fresno ***Subject to Mayoral Veto Page 10 City Council Meeting Minutes - Final January 11, 2024 JOINT MEETING OF THE CITY COUNCIL, THE CITY OF FRESNO IN ITS CAPACITY AS HOUSING SUCCESSOR TO THE REDEVELOPMENT AGENCY OF THE CITY OF FRESNO, THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF FRESNO, AND FRESNO REVITALIZATION CORPORATION 1.-V. ID 24-70 Successor Agency to the Redevelopment Agency of the City of Fresno and Fresno Revitalization Corporation (FRC) consider adopting: 1. RESOLUTION - Approving the Recognized Obligation Payment Schedule 24-25 RESOLUTION SA-54 ADOPTED (Successor Agency) RESOLUTION FRC-24 ADOPTED (Fresno Revitalization Corporation) CITY VOTE: On motion of Councilmember Arias, seconded by Councilmember Bredefeld, the above item was approved. The motion carried by the following vote: Aye: Perea, Karbassi, Arias, Maxwell, Chavez, Bredefeld, Esparza SUCCESSOR AGENCY VOTE: On motion of Member Arias, seconded by Member Bredefeld, the above item was adopted. The motion carried by the following vote: Aye: Perea, Karbassi, Arias, Maxwell, Chavez, Bredefeld, Esparza Absent: Dyer FRESNO REVITALIZATION CORPORATION VOTE: On motion of Member Arias, seconded by Member Bredefeld, the above item was adopted. The motion carried by the following vote: Aye: Perea, Karbassi, Arias, Maxwell, Chavez, Bredefeld, Esparza Absent: Dyer APPROVED ON CONSENT CALENDAR CONTESTED CONSENT CALENDAR 1.-H. ID 24-21 Actions pertaining to allocation of One Fresno Youth Jobs Corps program funding to six organizations to provide meaningful work experience at their worksites: 1. Approve six (6) Service Agreements allocating One Fresno City of Fresno ***Subject to Mayoral Veto Page 11 City Council Meeting Minutes - Final January 11, 2024 Youth Jobs Corps grant program funding to local Community Based Organizations (CBOs) totaling $985,992.62 (RFP 12302546) to the following organizations: (1) Career Nexus $50,000; (2) Community Media Access Collaborative $53,224; (3) Fresno County EOC $200,000; (4) Neighborhood Industries $200,000; (5) Poverello House, Naomi House, Amici Del $200,000; and (6) The Downtown Association $282,769. 2. RESOLUTION - Granting Authority to the City Manager or designee to enter into agreements with Community Based Organizations to provide meaningful work experiences at their worksites funded by the One Fresno Youth Jobs Corps program. City Clerk Stermer read the following into the record during the approval of the agenda. The following was read into the record, "both Mayor Dyer and Councilmember Arias are on the board of the Downtown Association, which does not create a conflict pursuant to the Government Code." Councilmember Arias moved the item to Contested Consent to discuss the Youth Jobs Program and seeking clarification on the age requirements. Council discussion on this item included: Clarification on the age requirements; appropriate assignments for minors; definition of Youth and assignment locations, concerns about safety at the Cafe at Poverello House; proper training at specific job locations; actively monitor and address any potential risks. RESOLUTION 2024-002 ADOPTED On motion of Councilmember Arias, seconded by Councilmember Bredefeld, that the above Action Item be ADOPTED. The motion carried by the following vote: Aye: 7 - Perea, Karbassi, Chavez, Arias, Esparza, Maxwell and Bredefeld 1.-I. ID 24-13 Approve the Seventh Amendment to the consultant services agreement with Ascent Environmental, Inc., extending the contract performance period to December 31, 2024, for the South-Central Specific Plan Environmental Impact Report (EIR). Councilmember Arias moved the item to Contested Consent to discuss the completion date of the South Central Specific Plan. APPROVED City of Fresno ***Subject to Mayoral Veto Page 12 City Council Meeting Minutes - Final January 11, 2024 On motion of Councilmember Arias, seconded by Councilmember Bredefeld, that the above Action Item be APPROVED. The motion carried by the following vote: Aye: 7 - Perea, Karbassi, Chavez, Arias, Esparza, Maxwell and Bredefeld 2. SCHEDULED COUNCIL HEARINGS AND MATTERS 10:00 A.M. ID 24-12 HEARING to consider Development Permit Application No. P21-02699, Vesting Tentative Parcel Map No. 2021-09, and related Final Environmental Impact Report (FEIR), State Clearinghouse (SCH) No. 2022050265, regarding an Office/Warehouse Project located on approximately ± 48.03 acres of property at the northeast intersection of North Marks and West Nielsen Avenues (Council District 3) 1. CERTIFY Final Environmental Impact Report (SCH No. 2022050265), apply the Council's independent judgment and analysis to the review, and then adopt the resolution certifying the FEIR as having been completed in compliance with the California Environmental Quality Act (CEQA) on the proposed Final EIR and comments thereon; and; a. ADOPT the Water Supply Assessment (WSA) attached to the FEIR as Appendix K in compliance with Section 10910 of the California Water Code and Section 15155 of the CEQA Guidelines, and adopt the WSA as a technical addendum to the Environmental Impact Report; and, b. ADOPT Findings of Fact pursuant to CEQA Guidelines Section 15091; and, c. ADOPT a Mitigation Monitoring and Reporting Program (MMRP) pursuant to CEQA Guidelines section 15097; and, 2. DENY the appeal and UPHOLD the action of the Planning Commission in the approval of Development Permit Application No. P21-02699 which requests authorization to construct four office/warehouse buildings with a total gross floor area of approximately ± 901,438 square feet, subject to compliance with the Conditions of Approval dated October 4, 2023; and, 3. DENY the appeal and UPHOLD the action of the Planning Commission in the approval of Vesting Tentative Parcel Map No. 2021-09 which requests authorization to subdivide the subject property into four parcels: Parcel A ± 11.68 acres, Parcel B ± 5.38 acres, Parcel C ± 5.14 acres, Parcel D ± 26.15 acres, subject to compliance with the Conditions of Approval dated October 4, 2023. The above item was removed from the agenda by Councilmember Esparza, Councilmember Arias, Council President Maxwell, and Vice President Perea City of Fresno ***Subject to Mayoral Veto Page 13 City Council Meeting Minutes - Final January 11, 2024 and tabled to February 1, 2024, at 10:00 a.m. Vice President Perea read the following into the record.The item will be continued to allow additional time for the Council to review the material. The record on the matter contains a large amount of documents including comments received for the item from interested parties and members of the public. TABLED 10:05 A.M. ID 24-19 HEARING to consider the vacation of a portion of excess public street right of way on the northeast side of North Weber Avenue, northwest of West Herndon Avenue (Council District 2): 1. ***RESOLUTION - Ordering the vacation of a portion of excess public street right of way on the northeast side of North Weber Avenue, northwest of West Herndon Avenue (Subject to Mayor’s Veto). The above hearing was called to order at 10:36 A.M. There was no staff presentation and no council discussion. Upon call, the following members of the public addressed Council: Lisa Flores and Robert McCloskey. RESOLUTION 2024-006 ADOPTED On motion of Vice President Karbassi, seconded by Councilmember Bredefeld, that the above Action Item be ADOPTED. The motion carried by the following vote: Aye: 7 - Perea, Karbassi, Chavez, Arias, Esparza, Maxwell and Bredefeld 10:10 A.M. #1 ID 24-09 HEARING to consider Text Amendment Application No. P23-02443 and related Environmental Finding for Environmental Assessment No. P23-02443 amending Subsection U to Section 3804 of Chapter 15 of the Fresno Municipal Code pertaining to the deferral of certain subdivision improvements (all Council Districts): 1. ADOPT a finding set forth in Environmental Assessment No. P23- 02443, dated July 26, 2023, that Text Amendment Application No. P23-02443 is exempt from the California Environmental Quality Act (CEQA) pursuant to the commonsense exemption that it can be seen with certainty that there is no possibility of significant adverse effect on the environment pursuant to CEQA Guidelines Section 1506(b)(3). City of Fresno ***Subject to Mayoral Veto Page 14 City Council Meeting Minutes - Final January 11, 2024 2. BILL (for Introduction) Text Amendment Application No. P23- 02443 adding Subsection U to Section 3804 of Chapter 15 of the Fresno Municipal Code relating to the deferral of certain sidewalk construction, driveway approaches and street trees in subdivisions until prior to occupancy of single-family homes. The above item was removed from the agenda by staff and tabled to January 18, 2024, at 10:10 a.m. TABLED 10:10 A.M. #2 ID 24-17 HEARING to consider Text Amendment Application No. P23-02808 and related Environmental Finding For Environmental Assessment No. P23-02808 amending Subsection E of Section 3314 of Chapter 15 of the Fresno Municipal Code related to tentative map appeal hearings - Planning & Development Department. 1. ADOPT a finding set forth in Environmental Assessment No. P23-02808 dated September 13, 2023, that Text Amendment Application No. P23-02808 is exempt from the California Environmental Quality Act (CEQA) pursuant to the commonsense exemption that it can be seen with certainty that there is no possibility of significant adverse effect on the environment pursuant to CEQA Guidelines Section 15061(b) (3) 2. BILL (for introduction) Approve Amending Subsection E to Section 3314 of Chapter 15 of the Fresno Municipal Code relating to the language of the required tentative map appeal hearing date from 30 days to 45 days. The above hearing was called to order at 10:41 a.m. and was presented to Council by Supervising Planner Holt. Upon call, there was no public comment. BILL B-1 INTRODUCED, APPROVED, AND LAID OVER On motion of Councilmember Arias, seconded by Vice President Karbassi, that the above Action Item be ADOPTED. The motion carried by the following vote: Aye: 7 - Perea, Karbassi, Chavez, Arias, Esparza, Maxwell and Bredefeld 10:20 A.M. ID 24-05 Appearance by Jorge Zavala to discuss City of Fresno failure to support, assist, and accommodate disability rights (District 4 Resident) City of Fresno ***Subject to Mayoral Veto Page 15 City Council Meeting Minutes - Final January 11, 2024 DID NOT APPEAR 10:25 A.M. ID 24-59 Appearance by Ana Rodriguez to discuss mail and identity theft in the City of Fresno (District 5 Resident) DID NOT APPEAR 3. GENERAL ADMINISTRATION 4. CITY COUNCIL 5. CLOSED SESSION During open session, Chief City Attorney Badhesha announced the items that would be discussed in closed session. Council withdrew to closed session at 1:53 p.m.. 5.-A. ID 24-75 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 negotiator. City Negotiator: Council President Tyler Maxwell. Unrepresented Employee: City Attorney The above item was removed from the agenda by Council President Maxwell and tabled to January 18, 2024. TABLED 5.-B. ID 24-76 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 City of Fresno ***Subject to Mayoral Veto Page 16 City Council Meeting Minutes - Final January 11, 2024 ADJOURNMENT City Council adjourned from Closed Session at 2:20 p.m. in memory of George Rodriguez III, a member of the MLK Committee. The above minutes were approved by unanimous vote of the City Council during the February 1, 2024, regular meeting. City of Fresno ***Subject to Mayoral Veto Page 17