Thursday, June 30, 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-revised
Regular Meeting / Final Budget Adoption
June 30, 2022City Council Meeting Agenda -
Final-revised
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 30, 2022 9:00 AM Pacific Time (US and Canada) Topic: June 30, 2022 Regular Meeting
a) Register in advance for this webinar:
https://zoom.us/webinar/register/WN_WGvVZAEHQCi4iLvQWdtJCw 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.
June 30, 2022City Council Meeting Agenda -
Final-revised
c) If you wish to address Council during the public comment portion of the agenda, 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 30, 2022City Council Meeting Agenda -
Final-revised
9:00 A.M. ROLL CALL
Invocation by Reza Nekumanesh from the Islamic Cultural Center of Fresno Pledge of Allegiance to the Flag
APPROVE AGENDA
CEREMONIAL PRESENTATIONS
Proclamation Honoring Patsy MontgomeryID 22-1072
Sponsors: Councilmember Soria
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
1. CONSENT CALENDAR
Approval of the Minutes for the June 16, 2022, Regular City Council Meeting, June 20, 2022 Special Closed Session
Meeting, June 20, 2022 Budget Hearing Meeting, and the
June 23, 2022, Regular City Council Meeting.
ID 22-10781-A.
Sponsors: Office of the City Clerk
Award an Agreement for 25 Axon Body 3 Flex Body Worn
-Video Cameras, with unlimited Data Storage and related services; Authorize the Director of the Airport or Designee to execute this agreement
ID 22-10211-B.
Sponsors: Airports Department
***BILL B-16 (Intro’d 6/23/2022)(For Adoption) - Amending Administrative Abatement, Fresno Municipal Code (FMC)
Section 10-616 (Subject to Mayor’s Veto).
ID 22-10861-C.
Sponsors: City Attorney's Office
June 30, 2022City Council Meeting Agenda -
Final-revised
Actions pertaining to the International Association of Fire Fighters (IAFF), Local 202 for Unit 5 and Unit 10
1. ***Adopt an amended Memorandum of Understanding
between the City of Fresno and International Association of Fire Fighters (IAFF), Local 202, Non-Management Fire for Unit 5 (Subject to Mayor’s Veto)
2. ***Adopt an amended Memorandum of Understanding
between the City of Fresno and International Association of Fire Fighters (IAFF), Local 202, Fire Management for Unit 10 (Subject to Mayor’s Veto)
3. ***RESOLUTION: Adopt the Twenty-first Amendment to
FY 2022 Salary Resolution No. 2021-176, amending Exhibit 5, Fire Non-Management (IAFF), and Exhibit 10, Fire
Management, as required by the amended Memoranda of
Understanding between the City of Fresno and International Association of Fire Fighters (IAFF), Local 202 (Subject to Mayor’s veto)
ID 22-10811-D.
Sponsors: Personnel Services Department
***BILL B-20 (Intro’d 6/23/2022)(For Adoption) - 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 (Subject to Mayor’s Veto).
ID 22-10901-E.
Sponsors: Planning and Development Department
Actions pertaining to using the Parkway Inn located at 959 N.
Parkway Drive, Fresno 93728, as an interim low-barrier
homeless shelter:
1. Adopt a finding of Categorical Exemption pursuant to Section 15301 of the California Environmental Quality Act (CEQA) guidelines
2. Approve a Repair Services Agreement with the Fresno
Housing Authority not to exceed $5,406,505 (District 3) ID 22-10381-F.
Sponsors: Planning and Development Department
June 30, 2022City Council Meeting Agenda -
Final-revised
***RESOLUTION - Adopt the 569th Amendment to the Master Fee Schedule Resolution No. 80-420 to adjust various fees in the Police Department (Subject to Mayor’s Veto)
ID 22-10791-G.
Sponsors: Police Department
RESOLUTION - Authorizing the Submission of Grant
Applications to the Fresno Council of Governments 2022/23 Measure C New Technology Reserve Grant Program for
Advanced Transit and Transportation Projects Totaling Up to $4.4 Million in Requests for Funding; and Authorizing the Execution of Grant Application and Grant Agreement
Documents by the Public Works and Transportation Directors or Designees (Citywide)
ID 22-10231-H.
Sponsors: Public Works Department and Department of Transportation Actions pertaining to the Milburn and Dakota New Park
Project:
1. Affirm City Manager’s determination that the Community Design Works Group is uniquely qualified to provide design services
2. Approve an agreement with (CWDG) in the amount of
$689,690 plus a contingency amount not to exceed $50,000 for the design and preparation of construction documents for the Milburn and Dakota New Park Project (Council District 1) ID 22-10241-I.
Sponsors: Public Works Department, Parks, After School and Recreation and Community Services Department
***BILL B-17 (Intro’d 6/23/2022)(For Adoption) - Creating the Tenant Relocation Benefits Following City Order To Vacate Due To Immediate Health And Safety Risk Ordinance, FMC
section 11-338 (Subject to Mayor’s Veto).
ID 22-10871-J.
Sponsors: Vice President Maxwell
***BILL B-18 (Intro’d 6/23/2022)(For Adoption) - Repealing Ordinance No. 2018-67 of the Fresno Municipal Code and
adopting an ordinance setting forth the compensation of elective officers (Subject to Mayor’s Veto).
ID 22-10881-K.
June 30, 2022City Council Meeting Agenda -
Final-revised
Sponsors: Vice President Maxwell, Councilmember Karbassi and Councilmember Chavez
CONTESTED CONSENT CALENDAR
2. SCHEDULED COUNCIL HEARINGS AND MATTERS
9:00 A.M. - ACTIONS ON THE FISCAL YEAR 2023 BUDGET AND
RELATED ITEMS
***RESOLUTION - Adopt the FY 2023 Salary Resolution
(Subject to Mayor’s Veto).
ID 22-1082A
Sponsors: Personnel Services Department
***RESOLUTION - Adopt the FY 2023 Position Authorization Resolution. (Subject to Mayor’s veto)
ID 22-1045B.
Sponsors: Office of Mayor & City Manager
***RESOLUTION - Adopt the FY 2023 Annual Appropriation
Resolution. (Subject to Mayor’s veto)
ID 22-1046C.
Sponsors: Office of Mayor & City Manager
***RESOLUTION - FY 2023 Gann Appropriation Limit
Resolution (Subject to Mayor’s veto)
ID 22-1048D.
Sponsors: Office of Mayor & City Manager
***RESOLUTION - To Adopt an Investment Policy for Public Funds for Fiscal Year 2022-2023. (Subject to Mayor’s Veto) ID 22-979E.
Sponsors: Finance Department
***BILL - (For introduction and adoption) - Adoption of Property Tax Override Ordinance (Subject to Mayor’s veto) ID 22-1044F.
Sponsors: Office of Mayor & City Manager
(CONTINUED FROM JUNE 23, 2022) 10:00 A.M. #1
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 ID 22-989
June 30, 2022City Council Meeting Agenda -
Final-revised
the Zone Districts where Electrified Fences are permitted.
1. RECOMMEND ADOPTION of a finding set forth in
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 common sense 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).
2. RECOMMEND APPROVAL WITH CONDITIONS set forth
by the Planning Commission Text Amendment Application
No. P21-05809, to amend Section 15-2010 of the Fresno
Municipal Code relating to the Zone Districts where
Electrified Fences are permitted.
Sponsors: Planning and Development Department
10:00 A.M. #2
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)
1. ***RESOLUTION - to Annex Territory to Community
Facilities District No. 11 and Authorizing the Levy of a Special Tax for Annexation No. 129 (Subject to Mayor’s Veto)
2. ***RESOLUTION - Calling Special Mailed-Ballot Election (Subject to Mayor’s Veto)
3. ***RESOLUTION - Declaring Election Results (Subject to Mayor’s Veto)
4. ***BILL - (For introduction and adoption) - Levying a Special Tax for the Property Tax Year 2022-2023 and Future Tax Years Within and Relating to Community Facilities
District No. 11, Annexation No. 129 (Subject to Mayor’s Veto) ID 22-1027
Sponsors: Public Works Department
June 30, 2022City Council Meeting Agenda -
Final-revised
10:05 A.M.
HEARING to consider the proposed Annual Assessment for
the City of Fresno Landscaping and Lighting Maintenance District No. 1 (Citywide)
1. ***RESOLUTION - Confirming the diagram and
assessment and levy of annual assessment, 2022-2023, for Landscaping and Lighting District No. 1 (Subject to Mayor’s Veto)
ID 22-1026
Sponsors: Public Works Department
3. GENERAL ADMINISTRATION
4. CITY COUNCIL
RESOLUTION - Initiating a General Plan Amendment and
Rezone of Real Property located on North Emerson Avenue between North Marks Avenue and North West Avenue
ID 22-10844-A.
Sponsors: Councilmember Soria
5. CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL--EXISTING
LITIGATION - Government Code Section 54956.9,
subdivision (d)(1):
City of Fresno v. United States Department of Interior, Bureau of Reclamation; US Court of Federal Claims
1:16-cv-01276
ID 22-10565.-A.
Sponsors: City Attorney's Office
POTENTIAL EXPOSURE TO LITIGATION: Government
Code Section 54956.9(d)(2):
Central Valley NMTC Fund, LLC., v. City of Fresno
ID 22-10775.-B.
Sponsors: City Attorney's Office
CONFERENCE WITH LABOR NEGOTIATORS -
Government Code Section 54957.6
City Negotiators: TJ Miller
Employee Organizations:
ID 22-10915.-C.
June 30, 2022City Council Meeting Agenda -
Final-revised
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 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,
June 30, 2022City Council Meeting Agenda -
Final-revised
Governmental Affairs Manager, Human Resources Manager,
Independent Reviewer, Internal Auditor, Investment Officer, Labor Relations Manager, Management Analyst II, Payroll 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
CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED
LITIGATION Government Code Section 54956.9, subdivision (d)(2): Case Name: Verizon Wireless vs. City of Fresno.
ID 22-11005.-D.
Sponsors: City Attorney's Office
CONFERENCE WITH LEGAL COUNSEL - EXISTING
LITIGATION Government Code 54956.9(d)(1); Existing
Litigation: J & A Mash & Barrel, LLC. v. Superior Court of Fresno County.
Government Code section 54956.9(d)(2);
Claim by Adventure Church against City of Fresno dated May 4, 2022.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR -
Government Code Section 54956.8; Property: 809 E Olive
Ave;
Negotiating Parties: City Manager, Lawrence Abbate; Under Negotiation: Terms and Conditions of Property Acquisition.
ID 22-11015.-E.
Sponsors: City Attorney's Office
ADJOURNMENT
UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS
July 21, 2022
10:00 A.M. - HEARING to adopt resolutions and ordinance to annex territory and
June 30, 2022City Council Meeting Agenda -
Final-revised
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)
August 11, 2022
10:00 A.M. -Mixed Use Text Amendment (Ordinance Introduction) August 18, 2022
10:00 A.M. - Mixed Use Text Amendment (Ordinance Adoption) August 18, 2022
5:00 P.M. - West Area Neighborhoods Community Plan
UPCOMING EMPLOYEE CEREMONIES
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
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
June 30, 2022City Council Meeting Agenda -
Final-revised
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
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