City Council

City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Meeting Minutes 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, June 6, 2024 9:00 AM Council Chambers (In Person and/or Electronic) https://www.fresno.gov/bud get-hearings/ Regular Meeting With continued Budget Hearing from June 5, 2024. The City Council for the City of Fresno convened in regular / budget hearing sessions on June 6, 2024, at 9:08 A.M. 9:08 A.M. ROLL CALL Councilmember Esparza arrived at 9:41 A.M. Present: 7 - President Annalisa Perea Vice President Mike Karbassi Councilmember Miguel Angel Arias Councilmember Tyler Maxwell Councilmember Luis Chavez Councilmember Garry Bredefeld Councilmember Nelson Esparza Invocation by Pastor Edward D. Thomas II from Impact Fresno Church Pastor Thomas gave the invocation. Pledge of Allegiance to the Flag Councilmember Bredefeld led the Pledge of Allegiance and held a moment of silence and commemoration for the 80th anniversary of the D-Day City of Fresno ***Subject to Mayoral Veto Page 1 City Council Meeting Minutes June 6, 2024 landings in Normandy, France. APPROVE AGENDA City Clerk Stermer announced the following changes to the agenda: Councilmember Maxwell and Vice President Karbassi had been added as a co-sponsors to the "Gun Violence Awareness Month" on the agenda as Ceremonial item ID 24-642. Recognition of Women's Commission Scholarship, on the agenda as Ceremonial item ID 24-658, would be presented towards the very end of the ceremonial presentations. Recognition of San Joaquin Political Academy Graduates, on the agenda as Ceremonial item ID 24-73 would be presented before the presentation for the Women’s Commissions Scholarships certificates. THE FOLLOWING ITEMS WERE REMOVED FROM THE AGENDA 2-I (ID 24-737) Approving the Final Map of Tract No. 6370, and accepting dedicated public uses offered therein except for dedications offered subject to City acceptance – moved to the June 13, 2024, agenda by staff. 2-G (ID 24-655) Actions pertaining to the summary vacation of a portion of East Madison Avenue, between North Fulton Avenue and North Van Ness Avenue (Council District 3) – tabled to the June 13, 2024, agenda by Councilmember Arias. 4-A (ID 24-767) WORKSHOP - Presentation from the Building Industry Association of Fresno / Madera regarding Southeast Development Area (SEDA) infrastructure – removed from agenda with no specified return date by Councilmember Chavez. On motion of Councilmember Arias, seconded by Councilmember Maxwell, the agenda was ADOPTED AS AMENDED by the following vote: Aye: 6 - Perea, Karbassi, Arias, Maxwell, Chavez and Bredefeld Absent: 1 - Esparza City of Fresno ***Subject to Mayoral Veto Page 2 City Council Meeting Minutes June 6, 2024 CEREMONIAL PRESENTATIONS ID 24-775 Proclamation for “Pride Month” PRESENTED ID 24-588 Proclamation for honoring “Alexan Balekian” PRESENTED ID 24-731 Recognition of San Joaquin Political Academy Graduates PRESENTED ID 24-658 Recognition of Women's Commission Scholarship Recipients PRESENTED ID 24-642 Proclamation for “Gun Violence Awareness Month” As noted during the approval of the agenda, the above item was sponsored by the Office of the Mayor & City Manager, Police Department, Councilmember Maxwell and Vice President Karbassi. PRESENTED COUNCILMEMBER REPORTS AND COMMENTS Councilmember Bredefeld Reports and Comments. Encouraged the administration not to cut medical services from the Fire Department and stated he would not support such cuts. Council President Perea Reports and Comments. Announced the schedule for the Pride flag raising ceremony at City Hall. Asked for the meeting to be adjourned in memory of Dominga Bustamante. MAYOR/MANAGER REPORTS AND COMMENTS City Manager Reports and Comments: Announced the South Central Specific Plan and related EIR had been released to the public for the 45 day comment period. CITY CLERK AND CITY ATTORNEY REPORTS AND COMMENTS City Clerk Stermer Reports and Comments. A Council District 6 Project City of Fresno ***Subject to Mayoral Veto Page 3 City Council Meeting Minutes June 6, 2024 Review Committee meeting was scheduled for 5:30 P.M. The Mobile Home Park Rent Review and Stabilization meeting schedule for June 11, 20204, had been canceled and all items were continued to July 9, 2024. The Council District 1 Project Review Committee meeting scheduled for the following week had been canceled. City Attorney Janz Reports and Comments. Announced Brandon M. Collet has been appointed Chief Assistant City Attorney. Acknowledged Councilmember Maxwell's leadership to help obtain $720,000 grant money from the state to create a wage theft unit. Discussed the City Attorney's Office partnership with the Attorney General's office for a new "Tenant Protection Act" to protect tenants who have been unlawfully evicted. 1. SCHEDULED COUNCIL HEARINGS AND MATTERS Council President Perea announced the 9:00 A.M. Budget Hearings would resume after other business on the agenda had been completed. 9:00 A.M. RESUMED BUDGET HEARINGS Council President Perea announced the 9:00 A.M. Resumed Budget Hearings would be heard following all other business listed on the agenda. The budget hearings began at 2:25 P.M. Upon call, the following people addressed Council regarding the FY 2025 Proposed Budget: Deborah Lewis, Hester Hensley, Omi Cormeir, Aletha Lang, Emmanual Agraz-Torrez, Kyle Lopez-Schmidt, Shaymus Banks, Debbie Darden, Miss 5250, Lisa Flores, Anthony Anderson, Brandi N., BT Lewis, Natalie Delgado, Ella Washington, Marisa Moraza, Venise Curry and Miss Fanni Vice President Karbassi briefly responded to public comment by supporting the Independent Reviewer after a speaker questioned his actions. ID 24-689 Office of the City Clerk / Copy Center City Clerk Stermer presented the Office of the City Clerk / Copy Center budget for Fiscal Year 2024-2025. Discussion was held between Council and the administration. City of Fresno ***Subject to Mayoral Veto Page 4 City Council Meeting Minutes June 6, 2024 ID 24-690 City Attorney’s Office City Attorney Janz presented the Office of the City Attorneys Office budget for Fiscal Year 2024-2025. Discussion was held between Council and the administration. ID 24-691 General City Purpose Assistant City Manager Quinto presented the General City Purpose Department budget for Fiscal Year 2024-2025. Discussion was held between Council and the administration. ID 24-692 Office of Mayor & City Manager Assistant City Manager Quinto presented the Office of Mayor & City Manager budget for Fiscal Year 2024-2025. Discussion was held between Council and the administration. ID 24-693 City Council Offices Assistant City Manager Quinto presented the City Council Offices budget for Fiscal Year 2024-2025. Discussion was held between Council and the administration. Council Motions Made June 6, 2024 Councilmember Arias motioned (#16) to include $20,000 for the touch screens outside the Council Chambers. Councilmember Chavez seconded the motion. Councilmember Maxwell motioned (#17) to allocate $2.0 million to fund Eviction Protection Program. Vice President Karbassi seconded the motion. Councilmember Maxwell motioned (#18) to allocate $720k to CAO to create wage theft prosecution team upon award of workers rights enforcement grant. Vice President Karbassi seconded the motion. City of Fresno ***Subject to Mayoral Veto Page 5 City Council Meeting Minutes June 6, 2024 Councilmember Chavez motioned (#19) to include $100k for Immigrant Legal Defense Fund. Councilmember Arias seconded the motion. Vice President Karbassi motioned (#20) to allocate $350k to create inhouse team to prosecute misdemeanors holding egregious repeat offenders. Council President Perea seconded the motion. Councilmember Arias motioned (#21) to add Account Auditor II to the City Attorney's Office. Vice President Karbassi seconded the motion. Councilmember Arias motioned (#22) to set the Council's baseline budget at $750,000. Council President Perea seconded the motion. Councilmember Arias motioned (#23) to restore the Intern Legislative Program at $150,000. Council President Perea seconded the motion. Councilmember Esparza motioned (#24) to remove attrition from City Council Distircts operational budget. Councilmember Chavez seconded the motion. Council Requests for Information Made June 6, 2024 Councilmember Arias requested: (a) estimates for increased pressure washing and litter control service; (b) information regarding the City Clerk and General Services Department planned timing to refurbish the seats in the Council Chamber; (c) information on whether PROP 218 revenue could be used to pay differences in outstanding claims; (d) a list of landlords / property management companies with frequent interactions regarding the Eviction Protection Program; and (f) the percentage of smoke shops that were found not to be in violation when investigated. City Council recessed the June 6, 2024, Budget Hearings at 3:52 P.M. The next Budget Hearings is scheduled for Wednesday, June 12, 2024. 9:10 A.M. ID 24-652 HEARING to consider of an appeal regarding the denial of Conditional Use Permit Application No. P22-03906, requesting authorization to establish a State of California Alcoholic Beverage Control (ABC) Type 21 (Off-Sale Beer, Wine, & Distilled Spirits) alcohol license for Circle “D” Food & Liquor store located at 2520 East Olive Avenue on the southeast corner of North City of Fresno ***Subject to Mayoral Veto Page 6 City Council Meeting Minutes June 6, 2024 Fresno Street and East Olive Avenue. (Council District 7) 1. DENY the Appellant’s appeal and UPHOLD the action of the Planning and Development Department Director to deny CUP Application No. P22-03906 requesting authorization to establish a State of California Alcoholic Beverage Control Type 21 (Off-Sale Beer, Wine, & Distilled Spirits) alcohol license for a Circle “D” Food & Liquor store. The above hearing was called to order at 10:06 A.M. and was presented to Council by Planning Manager Siegrist. Applicant representative Poeschel made a presentation to Council. Upon call, no members of the public addressed Council. The Council President closed the public comment period at 10:42 A.M. Senior Deputy City Attorney Costa clarified how the location restrictions of the Responsible Neighborhoods Market Act (RNMA) were problematic for the business and why the business did not meet exceptions within the RNMA. Council discussion included: the percentage of alcohol sales; number of alcohol licenses within the census track; number of incidents reported to the police department; reopening a liquor license next to a school; amount of time the company has been in business; the pristine 28 year operational record of the business; revoking CUP licenses; amount of time the schools has been operating; impacts in the district; ABC ordinance; compliance of the law; homeless; saturation of alcohol licenses; the intentions of the RNMA versus the results; service market model; full service market model; making modifications to the operation; more time for compliance. Councilmember Esparza motioned to continue the hearing to the July 25, 2024, City Council meeting to allow time for staff to work with the applicant to work toward a resolution under the RNMA. On motion of Councilmember Esparza, seconded by Councilmember Arias, that the above hearing was CONTINUED to July 25, 2024. The motion carried by the following vote: Aye: 7 - Perea, Karbassi, Arias, Maxwell, Chavez, Bredefeld and Esparza 9:25 A.M. City of Fresno ***Subject to Mayoral Veto Page 7 City Council Meeting Minutes June 6, 2024 ID 24-457 Actions pertaining to the 2024-2025 Annual Action Plan: 1. HEARING to obtain public comments regarding the Draft 2024- 2025 Annual Action Plan; and 2. ***RESOLUTION - Adopting the 2024-2025 Annual Action Plan; approving submission to the U.S. Department of Housing and Urban Development (HUD) for application of $7,013,935 Community Development Block Grant (CDBG), $2,924,820 HOME Investment Partnerships (HOME), $606,188 Emergency Solutions Grant (ESG), and $1,033,153 Housing Opportunities for Persons with AIDS/HIV (HOPWA) program funds; providing for subrecipient agreements; and Authorizing the City Manager to sign all implementing documents required by HUD as approved to form by the City Attorney (Subject to Mayor’s Veto) The above hearing was called to order at 10:47 A.M. and was presented to Council by Housing & Neighborhood Revitalization Manager Jenks. Upon call, following members of the public addressed Council: Kyle Lopez-Schmidt, Lisa Flores, Traci Robertson, Shaymus Banks, Lynn Owens and Brandi Nuse-Villegas. Council President Perea closed the public comment period at 11:09 A.M. There was no Council discussion. RESOLUTION 2024-105 ADOPTED On motion of Vice President Karbassi, seconded by Councilmember Chavez, that the above Action Item be ADOPTED. The motion carried by the following vote: Aye: 6 - Perea, Karbassi, Maxwell, Chavez, Bredefeld and Esparza Absent: 1 - Arias 2. CONSENT CALENDAR Council President Perea called for public comment on all Consent, Contested Consent, budget and Closed Session items. She clarified that people waiting to comment on budget hearing items could do so now or wait until the budget hearing resumed later in the afternoon. The following members of the public addressed Council: Emmanual Agraz-Torrez (2-M),Kyle Lopez-Schmidt (2-E, 2-K, 2-M), Traci Robertson (9:25 A.M.), Krystal Pothier (FY25 Budget), Lisa Flores (2-E), Lynn Owens (5-A, 5-B). City of Fresno ***Subject to Mayoral Veto Page 8 City Council Meeting Minutes June 6, 2024 City Clerk Stermer announced the following changes to the agenda: 2-A (ID 24-755) regarding approval of the minutes: page two of the Special Meeting Minutes of May 16, 2024, reads,"[c]ouncil discussion on this item included concerns over fire stations 2, 16, and 17 moving from three to four person crews". The sentence should be corrected to reflect the stations were moving from four to three person crews. 2-E (ID 24-730) regarding a consultant services agreement with O’Dell Engineering Inc: the staff report should reflect the dollar amount for the agreement as being $300,951 with a $40,000 contingency. APPROVAL OF THE CONSENT CALENDAR On motion of Councilmember Esparza, seconded by Councilmember Bredefeld, the Consent Calendar was ADOPTED AS AMENDED by the following vote: Aye: 6 - Perea, Karbassi, Maxwell, Chavez, Bredefeld and Esparza Absent: 1 - Arias 2.-A. ID 24-755 Approval of minutes for May 16, 2024, special meeting and approval of minutes for May 23, 2024, regular meeting APPROVED ON CONSENT CALENDAR AS CORRECTED 2.-B. ID 24-773 *** RESOLUTION - Authorizing submission of an application for Tobacco Grant Program funds, and acceptance of funding in an amount to be determined by the California Department of Justice, and authorizing the City Attorney, City Manager, and/or designee to sign all necessary implementing documents (subject to veto). RESOLUTION 2024-106 ADOPTED APPROVED ON CONSENT CALENDAR 2.-C. ID 24-581 Award a construction contract in the amount of $164,842 to Power Design Electric, as the lowest responsive and responsible bidder for Belmont Avenue Street Light Replacement Project from Clovis Avenue to Fowler Avenue - Bid File 12402316 (Council Districts 5 and 7) . APPROVED ON CONSENT CALENDAR 2.-D. ID 24-728 Actions pertaining to the Calwa Townsite Phase II Water Main Replacement Project bound by Orange, Church, Cedar and Jensen City of Fresno ***Subject to Mayoral Veto Page 9 City Council Meeting Minutes June 6, 2024 Avenues, Bid File 12401802 (Council District 5 and County): 1. Adopt a finding of Categorical Exemption per staff determination pursuant to Section 15301/Class 1 (Existing Facilities) and 15302/Class 2 (Replacement or Reconstruction) of the California Environmental Quality Act (CEQA) Guidelines, for the Calwa Townsite Phase II Water Main Replacement Project, 2. Award a construction contract in the amount of $5,429,945, to West Valley Construction Company, Inc., of Fresno, California, as the lowest responsive and responsible bidder for the Phase II Water Main Replacement Project. APPROVED ON CONSENT CALENDAR 2.-E. ID 24-730 Approve a Consultant Services Agreement with O’Dell Engineering Inc, of Fresno, California in the amount of $298,476, with a contingency amount not to exceed $40,000, for design and construction support services for the Dickey Park Rehabilitation Project (Council District 3). APPROVED ON CONSENT CALENDAR AS CORRECTED 2.-F. ID 24-656 Actions pertaining to the summary vacation of a portion of a sewer easement lying in Lot 11 of Block D of Highway City, North of West Shaw Avenue and West of North Cornelia Avenue (Council District 1): 1. Adopt a finding of Categorical Exemption per staff determination, pursuant to Section 15305 of the California Environmental Quality Act (CEQA) Guidelines, Environmental Assessment Number P24- 00689, 2. RESOLUTION - Ordering the summary vacation of a portion of a sewer easement lying in Lot 11 of Block D of Highway City, North of West Shaw Avenue and West of North Cornelia Avenue. RESOLUTION 2024-107 ADOPTED APPROVED ON CONSENT CALENDAR 2.-G. ID 24-655 Actions pertaining to the summary vacation of a portion of East Madison Avenue, between North Fulton Avenue and North Van Ness Avenue (Council District 3): 1. Adopt a finding of Categorical Exemption per staff determination, pursuant to Section 15194 of the California Environmental Quality Act (CEQA) Guidelines, Environmental Assessment Number P23- 04237; 2. RESOLUTION - Ordering the summary vacation of a portion of East Madison Avenue, between North Fulton Avenue and North Van Ness Avenue. The above item was removed from the agenda by Councilmember Arias and City of Fresno ***Subject to Mayoral Veto Page 10 City Council Meeting Minutes June 6, 2024 tabled to June 13, 2024. 2.-H. ID 24-736 RESOLUTION - Authorizing the Submission of Two Grant Applications to the California Department of Transportation’s Active Transportation Program (ATP) Cycle 7 Call for Projects Totaling up to $24 million in requests for funding; and Authorizing the Execution of Grant Applications and Grant Agreement documents by the Public Works Director or Designee (Council Districts 1, 4, 7). RESOLUTION 2024-108 ADOPTED APPROVED ON CONSENT CALENDAR 2.-I. ID 24-737 Actions pertaining to Final Map of Tract No. 6370 RESOLUTION - Approving the Final Map of Tract No. 6370, and accepting dedicated public uses offered therein except for dedications offered subject to City acceptance of developer installed required improvements - located on the west side of North Chestnut Avenue between East Shepherd Avenue and East Teague Avenue (Council District 6). The above item was removed from the agenda by staff and tabled to June 13, 2024. 2.-J. ID 24-738 Actions pertaining to Final Map of Tract No. 6385 RESOLUTION - Approving the Final Map of Tract No. 6385, and accepting dedicated public uses offered therein except for dedications offered subject to City acceptance of developer installed required improvements - located on the northwest corner of North Willow Avenue and North Alicante Drive (Council District 6). RESOLUTION 2024-109 ADOPTED APPROVED ON CONSENT CALENDAR 2.-K. ID 24-740 Actions pertaining to the summary vacation of a portion of North Broadway Street, South of East Elizabeth Street (Council District 3). RESOLUTION - Ordering the summary vacation of a portion of North Broadway Street, South of East Elizabeth Street. RESOLUTION 2024-110 ADOPTED APPROVED ON CONSENT CALENDAR 2.-L. ID 24-771 RESOLUTION- Authorizing the Submission of a Grant Application to the United States Department of Transportation, Federal Highway Administration (FHWA) - Active Transportation Infrastructure Investment Program (ATIIP) Call for Projects not to exceed $2,000,000 in requests to City of Fresno ***Subject to Mayoral Veto Page 11 City Council Meeting Minutes June 6, 2024 fund a planning and design grant for conceptual and preliminary engineering tied to an approved plan for the Parkway Drive and Jane Addams Neighborhood; and Authorizing the Execution of a Grant Application and Grant Agreement documents by the Public Works Director or Designee (Council District 3). RESOLUTION 2024-111 ADOPTED APPROVED ON CONSENT CALENDAR 2.-M. ID 24-735 Actions pertaining to the creation of a Land Bank: ***RESOLUTION - Adopt a Resolution establishing a Land Bank for the City of Fresno. (Subject to Mayor’s Veto) RESOLUTION 2024-112 ADOPTED APPROVED ON CONSENT CALENDAR 2.-N. ID 24-757 ***BILL-13 - (Intro’d May 23, 2024) (For Adoption) Amending Chapter 15 of the Fresno Municipal Code, Section 15-2009, relating to security fencing. (Subject to Mayor’s Veto). ORDINANCE 2024-014 ADOPTED APPROVED ON CONSENT CALENDAR 2.-O. ID 24-758 ***BILL-14 (Intro’d May 23, 2024) (For Adoption) Amending Section 15-2706, 15-6704, and 15-6802 of the Fresno Municipal Code, relating to the sale of alcoholic beverages for off-site consumption, Commercial Use Classification of General Market, and definitions. (Subject to Mayor ’s Veto). ORDINANCE 2024-015 ADOPTED APPROVED ON CONSENT CALENDAR 2.-P. ID 24-752 Approve the reappointment of Lenora Barnes to the Fresno Regional Workforce Development Board with a term ending November 1, 2024. Approve the reappointments of Shayn Anderson, Alysia Bonner, Carole Goldsmith, Chuck Riojas, and Chris Zeitz to the Fresno Regional Workforce Development Board, all with a term ending November 1, 2025. APPROVED ON CONSENT CALENDAR 2.-Q. ID 24-766 ***RESOLUTION - Exempting 10 Residential Streets In Council District 3 From Certain Requirements of Resolution No. 2022-035, The Residential Street Speed Hump Policy (Subject to Mayor’s Veto) RESOLUTION 2024-113 ADOPTED City of Fresno ***Subject to Mayoral Veto Page 12 City Council Meeting Minutes June 6, 2024 APPROVED ON CONSENT CALENDAR CONTESTED CONSENT CALENDAR 3. GENERAL ADMINISTRATION UNSCHEDULED COMMUNICATION Upon call, the following members of the public addressed Council with unscheduled communication: Traci Roberson and Lisa Flores. 4. CITY COUNCIL 4.-A. ID 24-767 WORKSHOP - Presentation from the Building Industry Association of Fresno / Madera regarding Southeast Development Area (SEDA) infrastructure The above item was removed from the agenda with no return date by Councilmember Chavez. 5. CLOSED SESSION During open session, Chief Assistant City Attorney Collet announced the items that would be discussed in closed session. Council withdrew to closed session at 1:57 P.M. 5.-A. ID 24-719 CONFERENCE WITH LABOR NEGOTIATORS - Government Code Section 54957.6 City Negotiators: Jennifer Misner; Sumeet Malhi Employee Organization(s): 1. International Union of Operating Engineers, Stationary Engineers, Local 39 (Local 39); 2. Fresno City Employees Association (FCEA); 3. Fresno Police Officers Association (FPOA Basic), Unit 4; 4. International Association of Firefighters, Local 202, Unit 5 (Fire Basic); 5. Amalgamated Transit Union, Local 1027 (ATU); 6. International Brotherhood of Electrical Workers, Local 100 (IBEW); 7. Fresno Police Officers Association (FPOA Management) Unit 10; 8. International Association of Firefighters, Local 202, Unit 10 (Fire Management); 9. City of Fresno Professional Employees Association (CFPEA); 10. City of Fresno Management Employees Association (CFMEA) 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 13 City Council Meeting Minutes June 6, 2024 5.-B. ID 24-732 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) and (2) Jeffrey Logue v. City of Fresno; Claim No. 2020042098 and CSMCS #ARB-20-0137. The above item was discussed in closed session. There were no open session announcements regarding this item. DISCUSSED ADJOURNMENT Council President Perea adjourned the meeting at 3:52 P.M. in the memory of Dominga Bustamante. The above minutes were approved by unanimous vote of the City Council during the June 27, 2024, regular meeting. City of Fresno ***Subject to Mayoral Veto Page 14