Thursday, June 16, 2022
9:00 AM
City of Fresno
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
Council Chambers (In Person And/Or Electronic)
City Council
President - Nelson Esparza
Vice President - Tyler Maxwell
Councilmembers:
Esmeralda Z. Soria, Mike Karbassi, Miguel Angel Arias, Luis Chavez, Garry Bredefeld
City Manager - Georgeanne A. White
Interim City Attorney - Rina Gonzales
City Clerk - Todd Stermer, CMC
Meeting Agenda - Final
Regular Meeting / Continued Budget Hearings
June 16, 2022City Council Meeting Agenda - Final
PUBLIC ADVISORY:
THE FRESNO CITY COUNCIL WELCOMES YOU TO CITY COUNCIL CHAMBERS, LOCATED IN CITY HALL, 2ND FLOOR, 2600 FRESNO STREET, FRESNO, CALIFORNIA 93721.
You can also participate in the meeting on our City’s website click on the URL https://fresno.legistar.com/Calendar.aspx and click on the “In progress” link under “video” for the corresponding meeting. The Council meeting can also be viewed live at 9:00 A.M. on Comcast Channel 96 and AT&T Channel 99.
The City Council Chambers are open for public participation. However, members of the public are encouraged to participate electronically because of reduced capacity of seating in the Chambers to allow for social distancing, and masks will be required for the vaccinated and unvaccinated.
PUBLIC COMMENT: The following options are available for members of the public who want to address City Council:
1. eComment at https://fresno.legistar.com/Calendar.aspx. a) eComments is a tool for citizens to use to make comments on agenda items. It will be open during the Council meeting and closed at the end of the meeting and will be a part of the official record. The User Agreement and Procedures document for eComment can be accessed by the URL https://www.fresno.gov/cityclerk/ b) eComments will be a maximum of 450 words.
OR
2. You are invited to a Zoom webinar.
When: June 16, 2022 9:00 AM Pacific Time (US and Canada) Topic: June 16, 2022 Regular Meeting
a) Register in advance for this webinar:
https://zoom.us/webinar/register/WN_XyHi4vyjS5qNh_iNqMD-Ow After registering, you will receive a confirmation email containing information about joining the webinar.
b) If you do not wish for your name to appear on the screen, then use the drop down menu and click on “rename” to rename yourself.
c) If you wish to address Council during the public comment portion of the agenda,
June 16, 2022City Council Meeting Agenda - Final
click on the icon labeled “Participants” at the bottom center of your PC or Mac screen. At the bottom of the window on the right side of the screen, click the icon labeled “RaiseHand”. Your digital hand will now be raised. d) Those addressing Council must state their name for the record. e) To facilitate electronic access, no person shall speak until recognized by the Presiding Officer.
OR
3. Email: to [email protected]
a) Residents may also email comments to be read during the meeting. Please include the agenda date and item number you wish to speak on in the subject line of your email.
b) Emails will be a maximum of 450 words.
c) All comments received will be distributed to Council prior and during the meeting and will be a part of the official record.
Pursuant to Rule 11 (c) of the Rules of Procedure for the City Council of the City of Fresno, no documents shall be accepted for Council review unless submitted to the City Clerk at least 24 hours prior to the Council Agenda item be heard.
All participants will be on mute until they are called upon at which point they will be unmuted. To prevent participants from having their video on, we will remove the option to show their video.
The City of Fresno ’s goal is to comply with the Americans with Disabilities Act, If you need additional accommodations such as interpreters, sign language signers, or the services of a translator, please contact the office of the City Clerk at (559) 621-7650 or [email protected]. To ensure availability, you are advised to make your request at least three business days prior to the meeting.
The City of Fresno thanks you in advance for taking all precautions to prevent spreading COVID19 virus.
June 16, 2022City Council Meeting Agenda - Final
9:00 A.M. ROLL CALL
Invocation by Pastor Trent Walley from Harmony Free Will Baptist Church Pledge of Allegiance to the Flag
APPROVE AGENDA
CEREMONIAL PRESENTATIONS
COUNCILMEMBER REPORTS AND COMMENTS
MAYOR/MANAGER REPORTS AND COMMENTS
UNSCHEDULED COMMUNICATION
PLEASE NOTE: UNSCHEDULED COMMUNICATION IS NOT SCHEDULED FOR A
SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING Unscheduled Communication - Submitted Public CommentsID 22-1075
1. CONSENT CALENDAR
Approval of the minutes for the May 26, 2022, Regular
Meeting, May 31, 2022, Special Meeting, and June 9, 2022, Regular Meeting.
ID 22-9801.-A.
Sponsors: Office of the City Clerk
Approve the award of a purchase contract to Quinn Company of Fresno, California, for the purchase of one Caterpillar 740GC articulating water tanker truck in the amount of
$983,640 for the Department of Public Utilities
ID 22-9071.-B.
Sponsors: Department of Transportation
Approve the award of a purchase contract to Pape Kenworth of Fresno, California, for the purchase of one Kenworth T370 fuel truck in the amount of $267,648 for the Department of Public Utilities
ID 22-9331.-C.
Sponsors: Department of Transportation
June 16, 2022City Council Meeting Agenda - Final
Reject all bids received for the purchase of five Freightliner M2 106 cab and chassis trucks for the Department of Public Works, Street Maintenance Division (Bid File #3868)
ID 22-9361.-D.
Sponsors: Department of Transportation
Authorize the one-year extension of the Subrecipient
Agreement between the City of Fresno (City) and Fresno
Economic Opportunities Commission for social service
transportation in Urban Fresno County for a projected FY 22-23 Operations Program & Budget amount of $1,306,500
ID 22-9491.-E.
Sponsors: Department of Transportation
Actions pertaining to Commercial Cannabis Activity:
1. Approve the Loan Agreement for Adolfo E. Castillo (the Owner) of Roeding Leaf Inc dba Banyan Tree, a cannabis
social equity business, in the amount of $75,000 to assist with the start-up, regulatory costs, and operating costs of opening a retail commercial cannabis business in the City of Fresno.
ID 22-9461.-F.
Sponsors: Office of Mayor & City Manager
Approve the State of California Business, Consumer Services and Housing Agency’s (BCSH) California Interagency Council on Homelessness (Cal ICH) joint service plan and local
homelessness action plan as an individual applicant for the third round of Homeless Housing, Assistance, and Prevention Program (HHAP)
ID 22-10001.-G.
Sponsors: Planning and Development Department
Approve agreement between the City of Fresno and Elevate Community Services, Inc. in the amount of $1,664,000 in Community Development Block Grant-Coronavirus
(CDBG-CV) funds for emergency shelter operations at the Travel Inn.
ID 22-9481.-H.
Sponsors: Planning and Development Department
June 16, 2022City Council Meeting Agenda - Final
***BILL B-12 - (Intro’d 5/26/2022) (For Adoption) - Approving an Amendment to the Development Agreement by and
between the City of Fresno and 2500 MLK, LLC for purposes of amending Section 3.9(a) of the Development Agreement which limits the specific number of units relative to respective residential housing types within the West Creek Village project area (Subject to Mayor’s Veto).
ID 22-10061.-I.
Sponsors: Planning and Development Department
Approve the County of Fresno’s request to acquire a road easement without eminent domain action from one parcel in City jurisdiction adjacent to existing City right-of-way for a County capital project to widen and improve Jensen Avenue between Martin Luther King Jr Boulevard and Fruit Avenue (District 3).
ID 22-9091.-J.
Sponsors: Public Works Department
Actions pertaining to the Ericson Elementary Neighborhood Street Improvements Project - Bid File 3847 (Council District 4):
1. Adopt a finding of Categorical Exemption per staff
determination pursuant to Section 15301/Class 1 of the
California Environmental Quality Act (CEQA) Guidelines
2. Award a construction contract in the amount of $1,065,200 to Avison Construction, Inc. of Madera, California
ID 22-9101.-K.
Sponsors: Public Works Department
Actions pertaining to the Palm Avenue and Belmont Avenue Class IV Protected Bikeway Project - Bid File 3848 (Council Districts 1, 3, and 7):
1. Adopt a finding of Categorical Exemption per staff
determination pursuant to Section 15301/Class 1 of the
California Environmental Quality Act (CEQA) Guidelines
2. Award a construction contract in the amount of $1,236,120 to VSS International, Inc. of West Sacramento, California ID 22-9271.-L.
Sponsors: Public Works Department
June 16, 2022City Council Meeting Agenda - Final
RESOLUTION - Adopting a list of proposed Public Works
projects to receive Senate Bill 1 (SB 1) Road Maintenance and Rehabilitation Account funding for City Fiscal Year 2023.
ID 22-9761.-M.
Sponsors: Public Works Department
***BILL B-13 (Intro’d 6/9/2022) (For Adoption) - Amending Management of Real Property Ordinance, FMC sections
10-701 - 10-706 (Subject to Mayor’s Veto).
ID 22-10101.-N.
Sponsors: Councilmember Arias
***BILL B-14 (Intro’d 6/9/2022) (For Adoption) - Amending Filing a Notice of Appeal, FMC section 1-407, to remove automatic stay on enforcement when filing an appeal (Subject to Mayor’s Veto).
ID 22-10111.-O.
Sponsors: Councilmember Arias
CONTESTED CONSENT CALENDAR
2. SCHEDULED COUNCIL HEARINGS AND MATTERS
9:00 A.M.
Continued Budget HearingsID 22-1016
(CONTINUED TO JUNE 30, 2022) 10:00 A.M.
HEARING Consideration of Text Amendment Application No.
P21-05809 and related Environmental Finding for
Environmental Assessment No. P21-05809, amending
Section 15-2010 of the Fresno Municipal Code, relating to the to the Zone Districts where Electrified Fences are
permitted.
1. RECOMMEND CONSIDERATION of Environmental
Assessment No. P21-05809 dated April 20, 2022, that Text Amendment Application No. P21-05809 is exempt from the
California Environmental Quality Act (CEQA) pursuant to the Commonsense Exemption that it can be seen with certainty that there is no possibility that the proposed text amendment may have a significant effect on the environment pursuant to CEQA Guidelines Section 15061(b)(3).
ID 22-992
June 16, 2022City Council Meeting Agenda - Final
2. RECOMMEND CONSIDERATION of Text Amendment
Application No. P21-05809, to amend Section 15-2010 of the Fresno Municipal Code, relating to the to the Zone Districts where Electrified Fences are permitted.
Sponsors: Planning and Development Department
(CONTINUED FROM JUNE 9, 2022) 10:10 A.M.
Hearing to consider a proposed Development Agreement by and between the City of Fresno and Parc West Development, Inc. relating to the development of the Parc West Project (Council District 1):
1. ADOPT - Addendum to the previously certified Final
Environmental Impact Report (EIR) SCH No. 2020039061,
pursuant to Section 15164 of the California Environmental Quality Act (CEQA) Guidelines.
2. BILL - (For introduction) - Approving the Development Agreement by and between the City of Fresno and Parc West Development, Inc. for purposes of the Parc West Project, pertaining to ±160 acres of property located on the west side of North Grantland Avenue between West Ashlan Avenue
and the West Gettysburg Avenue alignment.
ID 22-1007
Sponsors: Planning and Development Department
3. GENERAL ADMINISTRATION
WORKSHOP - Measure C3 RenewalID 22-10083.-A.
Sponsors: Office of Mayor & City Manager
4. CITY COUNCIL
Actions pertaining to proposed renewal of Measure C:
1. RESOLUTION - Calling on the Fresno Transportation
Authority and Fresno Council of Governments of the Measure C Renewal Effort for Placement on the Ballot in 2024
ID 22-10094.-A.
Sponsors: Councilmember Arias, Councilmember Soria and
Councilmember Chavez
June 16, 2022City Council Meeting Agenda - Final
5. CLOSED SESSION
CONFERENCE WITH REAL PROPERTY NEGOTIATOR -
Government Code Section 54956.8
Property: 508-030-48ST (Herndon and Brawley)
Negotiating Parties: City Manager, EKAM Construction, LLC, Lakhjit S. Sandhu, MD, and Master Storage 365, LLC.
Under negotiations: Price and Term of Sale.
ID 22-10135.-A.
Sponsors: Councilmember Karbassi
CONFERENCE WITH LEGAL COUNSEL-EXISTING
LITIGATION - Government Code Section 54956.9,
subdivision (d)(1)
Case Name: Desiree Martinez, et al. v. City of Fresno;
Eastern District Court Case No. 1:22-cv-00307.
ID 22-9045.-B.
Sponsors: City Attorney's Office
CONFERENCE WITH LEGAL COUNSEL-EXISTING
LITIGATION - Government Code Section 54956.9,
subdivision (d)(1)
Case Name: Pamela Motley, et al. v. Fresno Police Officer Joseph Smith, et al; District Court Case No.: 15-CV-00905 BAM.
ID 22-9915.-C.
Sponsors: City Attorney's Office
CONFERENCE WITH LEGAL COUNSEL-EXISTING
LITIGATION
Government Code Section 54956.9, subdivision (d)(1)
Case Name: Channel Centeno, et al. v. City of Fresno, et al.; Fresno Superior Court Case No. 16CECG00897
ID 22-9905.-D.
Sponsors: City Attorney's Office
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 ID 22-10055.-E.
June 16, 2022City Council Meeting Agenda - Final
Association (FCEA); 3. Fresno Police Officers Association (FPOA Basic), Unit 4; 4. International Association of
Firefighters, Local 753, Unit 5 (Fire Basic); 5. Amalgamated Transit Union, Local 1027 (ATU); 6. International
Brotherhood of Electrical Workers, Local 100 (IBEW); 7.
Fresno Police Officers Association (FPOA Management); 8.
International Association of Firefighters, Local 753, Unit 10 (Fire Management); 9. City of Fresno Professional
Employees Association (CFPEA); 10. City of Fresno
Management Employees Association (CFMEA); 11.
Operating Engineers, Local Union No. 3, Fresno Airport
Public Safety Supervisors (FAPSS); 12. Operating
Engineers, Local Union No. 3, Fresno Airport Public Safety Officers (FAPSO); 13. Unrepresented Employees in Unit 2 (Non-Represented Management and Confidential Classes):
Airport Public Safety Manager, Assistant City Attorney, Assistant City Manager, Assistant Controller, Assistant Director, Assistant Director of Personnel Services, Assistant Director of Public Utilities, Assistant Director of Public Works, Assistant Police Chief, Assistant Retirement Administrator, Background Investigator, Budget Analyst, Budget Manager, Chief Assistant City Attorney, Chief Information Officer, Chief of Staff to Councilmember, Chief of Staff to the Mayor, City Attorney (City Negotiator, Council President Esparza), City Attorney Investigator, City Clerk (City Negotiator, Council President Esparza), City Engineer, City Manager (City
Negotiator, Mayor Dyer), Community Coordinator, Community Outreach Specialist, Controller, Council Assistant, Deputy City Attorney II , Deputy City Attorney III, Deputy City Manager, Director, Director of Aviation, Director of
Development, Director of Personnel Services, Director of Public Utilities, Director of Transportation, Economic
Development Coordinator, Economic Development Director , Executive Assistant to Department Director, Executive
Assistant to the City Attorney, Executive Assistant to the City Manager, Executive Assistant to the Mayor, Fire Chief,
Governmental Affairs Manager, Human Resources Manager,
Independent Reviewer, Internal Auditor, Investment Officer, Labor Relations Manager, Management Analyst II, Payroll
June 16, 2022City Council Meeting Agenda - Final
Accountant, Payroll Manager, Police Chief, Principal Budget Analyst, Principal Internal Auditor, Principal Labor Relations Analyst, Public Affairs Officer, Public Works Director, Retirement Administrator, Retirement Benefits Manager,
Retirement Office Manager, Senior Budget Analyst, Senior Deputy City Attorney I, Senior Deputy City Attorney II, Senior Deputy City Attorney III, Senior Human Resources/Risk
Analyst, Senior Law Clerk, Supervising Deputy City Attorney Sponsors: Personnel Services Department
ADJOURNMENT
UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS
June 23, 2022
10:00 A.M. - HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding CITY OF FRESNO COMMUNITY FACILITIES DISTRICT NO. 9, Annexation No. 54 (Parcel Map 2020-05) (Northeast corner of South Maple Avenue and East Jensen Avenue) (Council District 5) June 23, 2022
10:05 A.M. - Notice of Public Hearing regarding Amendment of the City of Fresno's Master Fee Schedule.
June 30, 2022
10:00 A.M. - HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding CITY OF FRESNO COMMUNITY FACILITIES DISTRICT NO. 11, Annexation No. 129 (Final Tract Map No. 6201) (property located on northeast corner of North Armstrong and East Floradora) (Council District 7)
July 21, 2022
10:00 A.M. - HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding CITY OF FRESNO COMMUNITY FACILITIES DISTRICT NO. 11, Annexation No. 130 (Final Tract Map No. 6308) (property located on the northeast corner of North Bryan and West Ashlan) (Council District 1)
UPCOMING EMPLOYEE CEREMONIES
June 16, 2022City Council Meeting Agenda - Final
July 20, 2022 - Employee of the Summer Quarter
October 19, 2022 - Employee of the Fall Quarter
November 16, 2022 -Employee Service Awards
2022 CITY COUNCIL MEETING SCHEDULE
(Budget Hearings: June 13, 14, 15, 16, 20)
(Vote on Motions on June 23, 2022)
JUNE 16, 2022 - 9:00 A.M.
JUNE 30, 2022 - 9:00 A.M. (Vote on Final Budget)
JULY 7, 2022 - NO MEETING
JULY 14, 2022 - NO MEETING
JULY 21, 2022 - 9:00 A.M.
JULY 28, 2022 - NO MEETING
AUGUST 4, 2022 - NO MEETING
AUGUST 11, 2022 - 9:00 A.M.
AUGUST 18, 2022 - 9:00 A.M.
AUGUST 25, 2022 - NO MEETING
SEPTEMBER 1, 2022 - 9:00 A.M.
SEPTEMBER 8, 2022 - NO MEETING
SEPTEMBER 15, 2022 - 9:00 A.M.
SEPTEMBER 22, 2022 - NO MEETING
SEPTEMBER 29, 2022 - 9:00 A.M.
OCTOBER 6, 2022 - NO MEETING
OCTOBER 13, 2022 - 9:00 A.M.
OCTOBER 20, 2022 9:00 A.M.
OCTOBER 27, 2022 - NO MEETING
NOVEMBER 3, 2022 - 9:00 A.M.
NOVEMBER 10, 2022 - NO MEETING
NOVEMBER 17, 2022 - 9:00 A.M.
NOVEMBER 24, 2022 - NO MEETING
June 16, 2022City Council Meeting Agenda - Final
DECEMBER 1, 2022 - 9:00 A.M.
DECEMBER 8, 2022 - NO MEETING
DECEMBER 15, 2022 - 9:00 A.M.
DECEMBER 22, 2022 - NO MEETING
DECEMBER 29, 2022 - NO MEETING