Thursday, July 21, 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 Minutes - Final
Regular Meeting
July 21, 2022City Council Meeting Minutes - Final
The City Council for the City of Fresno convened in regular session on July 21, 2022, at 9:00 A.M. concurrently with a separately noticed special meeting. 9:04 A.M. ROLL CALL
Councilmember Soria was absent during roll call and joined the meeting at 9:30 A.M. Vice President Maxwell was in attendance via Zoom.
Council President Nelson Esparza
Vice President Tyler Maxwell
Councilmember Esmeralda Z. Soria
Councilmember Mike Karbassi
Councilmember Miguel Angel Arias
Councilmember Luis Chavez
Councilmember Garry Bredefeld
Present: 7 -
Invocation by Malkiat Singh with the Sikh Institute Fresno.
Pledge of Allegiance to the Flag
APPROVE AGENDA
City Clerk Stermer announced there had been separately noticed special meeting items: Special Closed Session item ID 22-1195 regarding Nelson Esparza v. City of Fresno and Special Consent Calendar item ID 22-1196 regarding resolution amending the Council Communication Policy (see July 21, 2022 Special Closed and Open Session agenda and minutes). He also announced a correction to page 11 of the June 30, 2022, minutes by stating the title for the 10:00 A.M. #2 item (ID 22-1027) did not did not print but would be included in the published minutes.
Councilmember Arias read the following amendment into the record for Consent Calendar item 1-Z (ID 22-1159) regarding fee waivers and subsidies for parades and special events: section 3(c) of the resolution shall include, "[C]ash subsides may be used to fund performances, such as music, dance, and drama, that demonstrate the culture of the City’s diverse community. Performance subsidies shall not exceed $5,000 per performance."
Assistant City Manager Barfield announced a correction Consent Calendar item 1-Y (ID 22-1117) regarding Compensation of elective officers. The City of Fresno ***Subject to Mayoral Veto Page 2
July 21, 2022City Council Meeting Minutes - Final
dollar amount listed in under the second bullet point of section 4, should read, "$164,450, annually" not "$1645,450, annually."
Councilmembers Soria and Arias announced conflicts and recused themselves from Scheduled Matter 10:00 A.M. #4 (ID 22-1157) regarding the renewal of the Downtown Fresno PBID. Councilmember Soria also announced a conflict and recused herself from Closed Session item 5-C (ID 22-1134) regarding Central Valley NMTC Fund, LLC v. City of Fresno.
Council President Esparza announced a conflict and recused himself from the Special Closed Session item ID 22-1195 regarding Nelson Esparza v.
City of Fresno
Councilmembers Soria and Bredefeld registered "no" votes on Consent Calendar item 1-Y (ID 22-1117) regarding compensation of elective officers.
Councilmember Bredefeld also registered "no" votes for Consent Calendar items 1-K (ID 22-1162) and 1-AA (ID 22-1186) regarding Amalgamated Transit Union actions and a resolution to confirm emergency conditions.
THE FOLLOWING ITEMS WERE REMOVED FROM THE AGENDA:
1-D (ID 22-1177) regarding acquisition for the proposed Senior Center – removed by staff and tabled to August 11, 2022.
1-E (ID 22-1151) regarding appointments for Mobile Home Rent Review, Planning Commission, and Disability Advisory Commission - removed by Councilmember Arias and tabled to August 11, 2022.
1-X (ID 22-1147) regarding a revenue contract with Lamar Transit LLC - removed by Councilmember Arias and tabled to August 11, 2022. 3-B (ID 22-1144) Workshop regarding the FATforward Update - removed by staff and tabled to August 11, 2022.
3-C (ID 22-942) regarding the Terminal East Apron Reconfiguration project - removed by staff and tabled to August 11.
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THE FOLLOWING CONSENT CALENDAR ITEMS WERE MOVED TO THE
CONTESTED CONSENT CALENDAR FOR FURTHER DISCUSSION:
1-C (ID 22-1136) regarding a consultant agreement with Kimley-Horn and Associates - moved to Contested Consent by Councilmember Arias. 1-H (ID 22-1143) regarding the sale of property at West Herndon and North Brawley - moved to Contested Consent by Councilmember Karbassi. 1-W (ID 22-1150) regarding the addition of seven positions in the Parks, After School, Recreation and Community Services Department - moved to Contested Consent by Councilmember Arias.
AGENDA APPROVED AS AMENDED
On motion of Councilmember Chavez, seconded by Councilmember Arias, the Agenda was APPROVED AS AMENDED. The motion carried by the following vote:
Aye: Esparza, Maxwell, Karbassi, Arias, Chavez and Bredefeld6 -
Absent: Soria1 -
CEREMONIAL PRESENTATIONS
ID 22-1167 Proclamation for “Parks and Recreation Month”
PRESENTED
ID 22-1170 Proclamation for “Disability Pride and 32nd Anniversary of ADA”
PRESENTED
ID 22-1175 Proclamation for “Honoring CSO Arlene Medina”
PRESENTED
ID 22-1180 Proclamation for “Dr. Benjamin Boone Day”
PRESENTED
ID 22-1158 Announcement of Summer Employee of the Quarter (EOQ) Recipients
PRESENTED
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July 21, 2022City Council Meeting Minutes - Final
COUNCILMEMBER REPORTS AND COMMENTS
Councilmember Soria announced: the Code School Area Team would be at Steinbeck Elementary School to provide community resources on July 23; there would be a back-to-school block party at Teague Community Center on July 23, complete with free school supplies and resources, and; street and concrete improvements were occurring at Polk and Gettysburg including the installation of sidewalks.
Councilmember Karbassi announced volunteers could still sign up for the Beautify Fresno cleanup event to be held July 23 in Pinedale.
Councilmember Arias discussed the grass and sprinklers at the Old Fresno Water Tower and welcomed Ruthie Quinto to the administration as the newest Assistant City Manager.
Councilmember Chavez discussed the City's approach to non-functional / non-purposeful lawns in light of the current drought.
Vice President Maxwell announced: he walked District 4 with his staff and canvassed residents about their concerns and needs; "Beat the Heat" events would be held at Vineland Park on August 4 and at Carry Park on August 10, and; that concrete repair in the Rotary Park neighborhood was continuing.
Council President Esparza announced he intended to fulfill his entire term as the District 7 Councilmember and, despite the headlines, there had only been good things coming out of City Hall and no wrong doing. He also discussed: his attendance at the White House for the signing of the Safer Communities Act; the success of the community block party held the previous Saturday by the Fellowship Missionary Baptist Church; District 7's annual "Beat the Heat" event at Romain Park held the previous Tuesday, and; his engagement as one of the orientation speakers at the Fresno City College "First Year Experience" cohort program.
MAYOR/MANAGER REPORTS AND COMMENTS
Mayor Dyer discussed the "Neighborhood Blitz" cleanup event in Pinedale City of Fresno ***Subject to Mayoral Veto Page 5
July 21, 2022City Council Meeting Minutes - Final
which had already begun with graffiti removal and sidewalk / pothole repairs and would conclude on July 23 with volunteer cleanup of the neighborhood.
He also announced a city wide Community Cleanup event scheduled for August 6.
City Manager White congratulated the Employees of the Summer Quarter; recognized the son of PARCS Director Aguirre for representing California on the Cal Ripken 11 and Under Baseball Team, and; discussed memos from the administration regarding taxicab rate comparisons, bus passenger satisfaction, West Area Neighborhood Specific Plan timelines, and the status of the highway litter contract.
City Council withdrew into Closed Session at 10:13 A.M. and returned to open session at 10:52 A.M.
UNSCHEDULED COMMUNICATION
Upon call, the following members of the public addressed Council: Ruth Ann Hill, Lisa Flores; Fernardo Paul Elizando, Ruben Espinoza, Gloria Hernandez, Valerie Torres, Sherry; Brandi Nuse-Villegas, Alexia; Deborah; Dez Martinez, Robert McCloskey, Janet, James, and Ruben.
ID 22-1310 Unscheduled Communication(s) Received
1. CONSENT CALENDAR
APPROVAL OF THE CONSENT CALENDAR
On motion of Councilmember Karbassi, seconded by Councilmember Bredefeld, the CONSENT CALENDAR was hereby adopted by the following vote:
Aye: Esparza, Maxwell, Soria, Arias, Chavez and Bredefeld6 -
Absent: Karbassi1 -
1.-A. ID 22-1126 Approval of the Minutes for the June 23, 2022, Regular City Council Meeting, the June 30, 2022, Regular City Council Meeting, the July 12, 2022, Special Closed Session Meeting, and the July 14, 2022, Special Closed Session Meeting.
Approved with correction to the June 30, 2022, Regular Meeting minutes.
APPROVED ON CONSENT
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1.-B. ID 22-947
***RESOLUTION - Declaring the results of the Statewide Direct Primary Election held on June 7, 2022. (Subject to Mayor’s veto) A typo was noted in the spelling of the name for the District 1 Councilmember-elect, Annalisa Perea. The resolution will be updated with the correct spelling.
RESOLUTION 2022-162 ADOPTED WITH CORRECTION
APPROVED ON CONSENT
1.-D. ID 22-1177 Actions pertaining to the property acquisition for the proposed senior center facility (Council District 4)
1. Adopt the Mitigated Negative Declaration for Proposed Acquisition for Senior Center and Housing Project pursuant to the California Environmental Quality Act (CEQA) guidelines
2. ***RESOLUTION - Adopt the 2nd amendment of the Annual Appropriation Resolution No. 2022-154 appropriating $4,993,300 in Community Development Block Grant (CDBG) funds for the acquisition of 4343 North Blackstone Avenue (APN 426-253-17) and 4323-4333 North Blackstone Avenue (APN 426-253-19)
(Subject to Mayor’s veto) (Requires 5 affirmative votes)
3. Approve the Agreement for Purchase and Sale of two parcels totaling 5.51 acres located at 4343 North Blackstone Avenue (APN 426-253-17) and 4323-4333 North Blackstone Avenue (APN 426- 253-19) for $6,460,000 with Robert M. Mochizuki, M .D. and Susan M. Mochizuki, Co -Trustees of The Mochizuki Family Trust, Dated November 20, 2000; Gregory G. Miyake and Patricia S. Miyake, Co-Trustees of The Miyake Family Trust, dated February 6, 2009; Kenneth (Douglas) Miyake; Harry Miya and Nancy Miya, Trustees of the Harry Miya and Nancy Miya Family Revocable Trust of May 19, 1992; Michael K. Miya, Trustee of the Miya Family Revocable Trust dated August 7, 2007; Melynda K. Miya, Trustee of the Melynda K .
Miya Revocable Trust dated February 11, 2008; and Mark K. Miya, Trustee of the Mark K. Miya Revocable Trust dated February 28, 2008, collectively referred to as “Sellers”
The above item was tabled to August 11, 2022, by staff.
TABLED
1.-E. ID 22-1151 Approve the Appointments of Kathryn Wilbur to the Mobile Home Rent Review and Stabilization Commission. Approve the Reappointments of Peter Vang, Monica Diaz, and Brad Hardie to the Planning Commission.
Approve the Reappointment of Ken Elvington and Dr. Jenelle Pitt Parker to City of Fresno ***Subject to Mayoral Veto Page 7
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the Disability Advisory Commission
The above item was tabled to August 11, 2022, by Councilmember Arias.
TABLED
1.-F. ID 22-1152
Actions pertaining to allocation of One Fresno Youth Jobs Corps program funding for wrap-around services:
1. Approve three (3) Service Agreements allocating One Fresno Youth Jobs Corps grant program funding to local Community Based Organizations (CBOs) totaling $851,818 (RFP 3857) to the following organizations: ( 1) CASA of Fresno and Madera Counties $249,150; (2) Fresno Area Workforce Investment Corporation $281,550; and (3) Hope Now for Youth, Inc. $321,118.
2. RESOLUTION Granting Authority to the City Manager or his or her designee to enter into agreements with Community Based
Organizations to provide programs and services funded by the One Fresno Youth Jobs Corps program for wrap -around services for Fellows hired in the program.
RESOLUTION 2022-163 ADOPTED
APPROVED ON CONSENT
1.-G. ID 22-1146 Actions pertaining to water lobbying, consulting, and regulatory services:
1. Affirm the City Manager’s finding that The Gualco Group is uniquely qualified;
2. Approve a Consultant Services Agreement with The Gualco Group Inc., for an Amount Not to Exceed $60,000 Annually, Plus All Reimbursable Costs Incurred Under This Agreement, Not to Exceed $5,000 for the Term of the Agreement effective through July 31, 2024.
APPROVED ON CONSENT
1.-I. ID 22-1133 Actions pertaining to Hiring Incentives and Referral Incentives for Qualified Police Officer Recruits, Lateral Police Officers, and Lateral Emergency Services Dispatcher II/IIIs:
1. *** Approve a Side Letter of Agreement with the Fresno Police Officers Association (FPOA), for Unit 4 - Non-Management Police, regarding Police Officer Lateral Hire and Referral Incentives and Police Officer Recruit Hire Incentives (Subject to Mayor’s Veto)
2. *** Approve a Side Letter of Agreement with the Fresno City Employees Association (FCEA), for Unit 3 - Non-Supervisory White Collar, regarding Emergency Services Dispatcher Lateral Hire and City of Fresno ***Subject to Mayoral Veto Page 8
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Referral Incentives (Subject to Mayor’s Veto)
APPROVED ON CONSENT
1.-J. ID 22-1161 Actions pertaining to the City of Fresno Management Employees Association (CFMEA) for Unit 14
1. ***Adopt a successor Memorandum of Understanding between the City of Fresno and the City of Fresno Management Employees Association (CFMEA) for Unit 14 - Management Classes (Subject to Mayor’s Veto)
2. ***RESOLUTION: Adopt the First Amendment to FY 2023 Salary Resolution No. 2022-152, amending Exhibit 14, Unit 14 - Management Classes (CFMEA), to provide a salary increase for respective classes as required by the Memorandum of
Understanding between the City of Fresno and the City of Fresno Management Employees Association (CFMEA) (Subject to Mayor ’s veto)
RESOLUTION 2022-165 ADOPTED
APPROVED ON CONSENT
1.-K. ID 22-1162 Actions pertaining to the Amalgamated Transit Union, Local 1027 (ATU) for Unit 6
1. ***Adopt a successor Memorandum of Understanding between the City of Fresno and the Amalgamated Transit Union, Local 1027 (ATU) (Bus Drivers and Student Drivers - Unit 6) (Subject to Mayor ’s Veto)
2. ***RESOLUTION: Adopt the Second Amendment to FY 2023 Salary Resolution No. 2022-152, amending Exhibit 6, Unit 6 - Bus Drivers and Student Drivers (ATU), to provide a salary increase for respective classes as required by the Memorandum of
Understanding between the Amalgamated Transit Union, Local 1027 ( ATU) (Bus Drivers and Student Drivers - Unit 6) (Subject to Mayor’s veto)
Councilmember Bredefeld registered a "no" vote on the above Consent Calendar item which PASSED 5-1 with Councilmember Karbassi absent.
RESOLUTION 2022-166 ADOPTED
APPROVED ON CONSENT
1.-L. ID 22-1142 Actions pertaining to the land acquisition, predevelopment costs, and hard construction costs of Sarah ’s Court Apartments, a 120-unit affordable rental housing project, to be located at 200 N. Salma Avenue in southeast Fresno as part of the Fancher Creek Master Plan Development (District 5).
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1. Authorize the City Manager to execute a Permanent Local Housing Allocation (PLHA) Agreement with FCTC Family, LP, in the amount of $530,966; and
2. Approve a Community Development Block Grant (CDBG)
Agreement with FCTC Family, LP, in the amount of $2,480,000; and
3. Approve a HOME Investment Partnerships Program Agreement with FCTC Family, LP, in the amount of $3,169,034
APPROVED ON CONSENT
1.-M. ID 22-1108 Approve an amendment to the current Student Resource Officer (SRO) contract with Central Unified School District (CUSD) to provide SROs at CUSD middle schools.
APPROVED ON CONSENT
1.-N. ID 22-1104 Approve contract with the Sanger Unified School District (SUSD) to provide a student resource officer (SRO) to be assigned to their high school.
APPROVED ON CONSENT
1.-O. ID 22-1103 Approve an amendment to the current Student Resource Officer (SRO) contract with Fresno Unified School District (FUSD) to provide SROs at FUSD middle schools.
APPROVED ON CONSENT
1.-P. ID 22-1025 Approve a Consultant Agreement with Dudek in the amount of $249,958 to be used for the development of a comprehensive Urban Forest Management Plan (UFMP) for the City.
APPROVED ON CONSENT
1.-Q. ID 22-1131 Approve an agreement for Professional Engineering Services with Peters Engineering Group for $ 51,790, with a $ 5,000 contingency, for design and construction support services for the Shaw Avenue Lighting Project from Cedar Avenue to Chestnut Avenue (Council District 4)
APPROVED ON CONSENT
1.-R. ID 22-1137 Actions pertaining to the design and preparation of construction documents for the Radio Park Improvement Project (Council District 7):
1. Affirm the City Manager ’s finding that Melton Design Group, Inc ., is uniquely qualified; and
2. Approve a Landscape Architectural Consultant Services Agreement with City of Fresno ***Subject to Mayoral Veto Page 10
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Melton Design Group Inc ., in the amount of $ 524,202, with a contingency amount not to exceed $40,000
APPROVED ON CONSENT
1.-S. ID 22-1138 Approve the First Amendment to the three on-call agreements with 1) Hamner, Jewell & Associates, 2) Continental Field Services, and 3) Universal Field Services, for Right of Way Acquisition Project Management Services, in the amount of $1,200,000 individually for a total compensation not to exceed $1,700,000 individually and authorize the Public Works Director or designee to execute all related documents (Citywide)
APPROVED ON CONSENT
1.-T. ID 22-1139 Award a construction contract in the amount of $ 1,342,148 to BUSH Engineering, Inc ., of Fresno, CA, as the lowest responsive and responsible bidder, for the Midtown Trail Segment 1 (Phase I) Project, along Shields Avenue from Blackstone Avenue to the Manchester Center entrance intersection. (Bid File No. 3846-12012) (Council District 7)
APPROVED ON CONSENT
1.-U. ID 22-1130 Approve Contract Change Order No. 05 in the amount of $ 500,000 to Emmett’s Excavation, Inc. for the North Avenue Sewer Trunk Main Realignment Project ID RC00177 (Council Districts 3 and 5)
APPROVED ON CONSENT
1.-V. ID 22-1145 Approve the Second Amendment to the consultant services agreement with V&A Consulting Engineers, Inc ., to conduct comparative trials of different treatment systems, increasing the fee by $ 313,886 for a total contract amount of $ 535,287, and extending the contract completion date to December 31, 2023. (Citywide)
APPROVED ON CONSENT
1.-X. ID 22-1147 Award a revenue contract for bus advertising services to Lamar Transit LLC for $2,190,000 over five years (Bid Eval 9650)
The above item was removed from the agenda by Councilmember Arias and tabled to August 11, 2022.
TABLED
1.-Y. ID 22-1117 ***BILL B-18 (Re-Intro’d 6/30/2022)(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) Councilmembers Soria and Bredefeld registered "no" votes on the above City of Fresno ***Subject to Mayoral Veto Page 11
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Consent Calendar item which PASSED 4-2 with Councilmember Karbassi absent.
ORDINANCE 2022-022 ADOPTED AS CORRECTED
APPROVED ON CONSENT
1.-Z. ID 22-1159 ***RESOLUTION - Providing for fee waivers and subsidies for eligible parades and special events. (Subject to Mayor’s Veto)
Councilmember Arias read the following amendment into the record for the above Consent Calendar item: section 3(c) of the resolution shall include, "[C]ash subsides may be used to fund performances, such as music, dance, and drama, that demonstrate the culture of the City’s diverse community.
Performance subsidies shall not exceed $5,000 per performance." RESOLUTION 2022-168 ADOPTED AS AMENDED
APPROVED ON CONSENT
1.-AA. ID 22-1186 ***RESOLUTION - Confirming emergency conditions continue to directly impact the ability of legislative bodies to meet safely in person, and authorizing remote teleconference meetings of City legislative bodies for 30 days, pursuant to Brown Act provisions (Subject to Mayor’s Veto).
Councilmember Bredefeld registered a "no" vote on the above Consent Calendar item which PASSED 5-1 with Councilmember Karbassi absent.
RESOLUTION 2022-169 ADOPTED
APPROVED ON CONSENT
CONTESTED CONSENT CALENDAR
1.-C. ID 22-1136 Approve a consultant services agreement with Kimley -Horn and Associates, Inc ., to provide professional engineering services for the Airport Pavement Management System Update at Fresno Chandler Executive Airport in an amount not to exceed $89,300 (Council District 3) There was no staff presentation on the above item. Councilmember Arias discussed when the condition of the pavement leading to the Airport would be assessed.
APPROVED
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July 21, 2022City Council Meeting Minutes - Final
On motion of Councilmember Arias, seconded by Vice President Maxwell, that the above Action Item be APPROVED. The motion carried by the following vote:
Aye: Esparza, Maxwell, Soria, Karbassi, Arias and Bredefeld6 -
Absent: Chavez1 -
1.-H. ID 22-1143 Actions pertaining to the sale of an approximate 14.58± acre property located at the southwest corner of West Herndon and North Brawley Avenues, (Council District 2):
1. Adopt a finding pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15312/Class 12 (Surplus Government Property Sales) for the proposed project as the property has been declared surplus and is not located in an area of statewide, regional, or areawide concern identified in Section 15206(b)(4)
2. ***RESOLUTION - Finding there are substantial community benefits resulting from the sales agreement that justify a price less than market value as outlined in Fresno Municipal Code Section 4-204 relating to the disposition of real surplus property APN 507-030- 48ST (Herndon and Brawley Avenue) (Subject to Mayor’s Veto)
3. 3. Authorize the City Manager or designee to execute the Purchase and Sale Agreement with Lakhjit S. Sandhu, MD upon approval from the California Department of Housing and Community Development in compliance with the Surplus Land Act.
There was no staff presentation on the above item. Councilmember Karbassi spoke in opposition of the item and read the following statement into the record:
"I do not agree with the recommendation to sell the property to Mr. Sandhu because Mr. Sandhu, or those acting on his behalf, violated the City's no contact ordinance by contacting all Councilmembers regarding the Blosser Property RFP, which was, in my opinion, an attempt to influence the Council's decision. The purpose of the City's no contact ordinance is to disincentivize persons from trying to lobby Councilmembers how to vote and Mr. Sandhu violated that ordinance. As the Councilmember for the district where the Blosser Property is located, I want to state on the record my objections to allowing Mr. Sandhu to purchase the Blosser Property.” City Manager White discussed the no contact ordinance and the exception in the Fresno Municipal Code. She explained the administration's position was that Mr. Sandhu's contact did not affect the integrity or outcome of the City of Fresno ***Subject to Mayoral Veto Page 13
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procurement process as the communication was related to the extended period of time it was taking the City to get the item before Council.
Councilmember Arias noted, for the record, that Councilmembers regularly receive complaints from applicants expressing frustration with the slowness of government. He felt the communication from Mr. Sandhu was similar and did not impact the content, analysis or conclusion for any of the proposals.
RESOLUTION 2022-164 ADOPTED
On motion of Councilmember Soria, seconded by Councilmember Arias, that the above Action Item be ADOPTED. The motion carried by the following vote:
Aye: Esparza, Maxwell, Soria and Arias4 -
No: Karbassi and Bredefeld2 -
Absent: Chavez1 -
1.-W. ID 22-1150 ***RESOLUTION - Adopting the First Amendment to “A Resolution of the Council of the City of Fresno Establishing the Number of Positions Authorized in the Various Departments and Offices of the City for Fiscal Year 2023” (Position Authorization Resolution (PAR) No. 2022-153) adding seven positions in the Parks, After School, Recreation and Community Services (PARCS) Department to operate the Senior Fitness Program year -round at the seven community center locations that offer Senior Programming. (Subject to Mayor’s Veto)
There was no staff presentation on the above item. Councilmember Arias confirmed the item was part of the approved budget.
RESOLUTION 2022-167 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: Esparza, Maxwell, Soria, Karbassi, Arias and Bredefeld6 -
Absent: Chavez1 -
2. SCHEDULED COUNCIL HEARINGS AND MATTERS
10:00 A.M. #1
City of Fresno ***Subject to Mayoral Veto Page 14
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ID 22-1037 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 northeast corner of West Ashlan Ave. and North Bryan Ave.) ( Council District 1)
1. ***RESOLUTION - to Annex Territory to Community
Facilities District No. 11 and Authorizing the Levy of a Special Tax for Annexation No. 130 (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. 130 (Subject to Mayor’s Veto)
The above item was called to order at 1:48 P.M. There was no Council discussion and upon call, there was no public comment. Public comment was closed at 1:49 P.M.
RESOLUTION 2022-170 ADOPTED
RESOLUTION 2022-171 ADOPTED
RESOLUTION 2022-172 ADOPTED
BILL B-23 INTRODUCED / ADOPTED AS ORDINANCE 2022-023
On motion of Councilmember Chavez, seconded by Councilmember Arias, that the above Action Item be ADOPTED. The motion carried by the following vote:
Aye: Esparza, Maxwell, Karbassi, Arias and Chavez5 -
Absent: Soria and Bredefeld2 -
10:00 A.M. #2
ID 22-1140 Actions pertaining to Final Map of Tract No. 6308:
RESOLUTION - Approving the Final Map of Tract No. 6308, and accepting dedicated public uses offered therein except for dedications offered subject to City acceptance of developer installed required improvements - located on the northeast corner of West Ashlan Avenue City of Fresno ***Subject to Mayoral Veto Page 15
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and North Bryan Avenue (Council District 1)
The above item was called to order at 1:55 P.M. There was no Council discussion and upon call, the following member of the public addressed Council: Lisa Flores. Public comment was closed at 1:57 P.M.
RESOLUTION 2022-173 ADOPTED
On motion of Councilmember Soria, seconded by Councilmember Chavez, that the above Action Item be ADOPTED. The motion carried by the following vote:
Aye: Esparza, Maxwell, Soria, Karbassi, Arias, Chavez and Bredefeld
7 -
10:00 A.M. #3 (CONTINUED FROM JUNE 30, 2022)
ID 22-1116 HEARING for 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 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 of 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.
The above hearing was called to order at 1:58 P.M. Supervising Planner Wilson with the Planning and Development (P&D) Department introduced the item to Council. Keith Kaneko, representing the applicant, AMAROK, also made a presentation to Council with requests for changes to this item.
P&D Director Clark and Assistant City Attorney Badhesha responded to questions.
Upon call, the following members of the public addressed Council: Gene City of Fresno ***Subject to Mayoral Veto Page 16
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Diew, James Gray, Lisa Flores, and Lori Ramirez. Public comment was closed at 2:10 P.M.
Discussion on this item included: the process to obtain and install an electric fence; the process to obtain an exception for an electric fence; current applications; business complaints of theft and availability of electric fences, and; district approval or rejection of electric fence projects.
Councilmember Chavez motioned to accept the applicants modifications and return to the Planning Commission to include a provision that when an applicant applies for an electric fence they go through the District Implementation Committees. Councilmember Bredefeld seconded the motion.
Councilmember Arias requested Council offices be notified of applications and that District Implementation Committees provide feedback to the Councilmembers.
APPROVED AS AMENDED
On motion of Councilmember Chavez, seconded by Councilmember Bredefeld, that the above Action Item be APPROVED AS AMENDED.
The motion carried by the following vote:
Aye: Esparza, Maxwell, Soria, Arias, Chavez and Bredefeld6 - No: Karbassi1 -
10:00 A.M. #4
ID 22-1157 HEARING regarding the renewal of the Downtown Fresno PBID:
***RESOLUTION - Declaring the results of the majority public hearing proceedings and renew the Downtown Fresno PBID and authorize the levy of district assessments (Subject to Mayor’s Veto)
Councilmember Soria and Councilmember Arias recused themselves and were not present in the Council Chamber for the duration of the above item.
City Clerk Stermer outlined the procedures of the public hearing and the above item was called to order at 10:55 A.M. Upon call, there was no public comment and the public comment period was closed at 10:57 A.M. A last call was made for anyone wishing to drop of a ballot before the collection City of Fresno ***Subject to Mayoral Veto Page 17
July 21, 2022City Council Meeting Minutes - Final
period was closed at 10:57 A.M. There was no Council discussion.
After a recess of this item, City Clerk Stermer announced the Clerk’s Office had tabulated the assessment ballots submitted and not withdrawn, and determined the assessment represented by the opposition ballots did not exceed the ballots in favor of the proposed assessment. The percentage of ballots in favor of the assessment, based on assessed value, was 84.3% and the percentage of ballots in opposition was 15.7%.
RESOLUTION 2022-174 ADOPTED
On motion of Councilmember Bredefeld, seconded by Council President Esparza,the above Action Item be ADOPTED. The motion carried by the following vote:
Aye: Esparza, Maxwell, Karbassi, Chavez and Bredefeld5 - Recused: Soria and Arias2 -
10:05 A.M.
ID 22-1127 HEARING to consider Conditional Use Permit Application No. P21-06304 and related Environmental Assessment, for property located at 640 R Street; located on the east corner of Mono Street and R Street abutting State Route 41, in the corner of an outdoor storage area. (Council District 3) - Planning and Development Department.
1. ADOPT Environmental Assessment No. P21-06304 dated
February 24, 2022, a determination that the proposed project is exempt from the California Environmental Quality Act (CEQA) through a Section 15303/Class 3 and Section
15332/Class 32 Categorical Exemptions.
2. DENY the appeal and UPHOLD the action of the Planning and Development Department Director in the approval of
Conditional Use Permit Application No. P21-06304
authorizing the construction of an 80-foot mono -pine
telecommunications tower and facility with associated
ground equipment to operate a wireless telecommunications facility.
The above hearing was called to order at 12:06 P.M. There was no staff presentation. Upon call, the following member of the public addressed Council: Shawn Boyd. Public comment was closed at 12:11 P.M.
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Councilmember Arias motion to uphold the action of the Planning Director in approving the CUP Application for a cell tower on R Street with the condition that the camouflage design will make the tower look like a building that is lit up with an illuminating light feature. Councilmember Bredefeld seconded the motion.
APPROVED AS AMENDED
On motion of Councilmember Arias, seconded by Councilmember Bredefeld, that the above Action Item be APPROVED AS AMENDED.
The motion carried by the following vote:
Aye: Esparza, Maxwell, Soria, Karbassi, Arias and Bredefeld6 -
Absent: Chavez1 -
City Council recessed for lunch at 12:14 P.M. and returned from lunch at 1:48 P.M. 10:10 A.M.
ID 22-1183 Actions pertaining to Fresno Veterans Support Revenue Enhancement Ordinance:
1. ***RESOLUTION - Approving the Fresno Veterans Support Revenue Enhancement Ordinance, a Transactions and Use Tax for Veterans Facilities and Services; Ordering the Submission of the Measure to City Voters at a Special Municipal Election to be Held on November 8, 2022; Requesting the County Conduct the Special Municipal Election; and Requesting Consolidation of the Election with the Statewide Election held on that Date (Subject to Mayor’s Veto)
The above hearing was called to order at 3:03 P.M. and was introduced to Council by Councilmember Chavez and Alex Tavlian with Local Government Strategic Consulting, LLC.
Upon call, the following member of the public addressed Council: Yonas Paulos. Public comment was closed at 3:18 P.M.
Discussion on this item included polling numbers, and timing of the vote.
RESOLUTION 2022-175 ADOPTED
BILL B-24 INTRODUCED / ADOPTED AS ORDINANCE 2022-024
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July 21, 2022City Council Meeting Minutes - Final
On motion of Councilmember Chavez, seconded by Council President Esparza, that the above Action Item be ADOPTED. The motion carried by the following vote:
Aye: Esparza, Maxwell, Soria, Karbassi, Arias, Chavez and Bredefeld
7 -
3. GENERAL ADMINISTRATION
3.-A. ID 22-1179 WORKSHOP - Community Cat Program - Trap, Neuter/Spay, and Return (TNR)
City Manager White noted the above workshop would be rescheduled to August 11, 2022, as the presenter from UC Davis was no longer available.
TABLED
3.-B. ID 22-1144 WORKSHOP - FATforward Update - Moving Fresno Yosemite International Airport into the Future
The above item was tabled to August 11, 2022, by staff.
TABLED
3.-C. ID 22-942 Actions pertaining to the Terminal East Apron Reconfiguration project at Fresno Yosemite International Airport (Council District 4):
1. Award a construction contract to A. Teichert & Son, Inc. dba Teichert Construction, of Fresno, California, for the Terminal East Apron Reconfiguration project at Fresno Yosemite International Airport in the amount of $10,130,425 (Bid File 3859)
2. Approve a consulting agreement with Moore Twining Associates of Fresno, California, to provide geotechnical quality assurance testing and inspection services for the Terminal East Apron
Reconfiguration project at Fresno Yosemite International Airport in the amount of $255,288
The above item was tabled to August 11, 2022, by staff.
TABLED
3.-D. ID 22-1135 WORKSHOP - Procedures for Street Name Changes Licensed Engineer Gormley with the Public Works Department presented the above item to Council. Supervising Planner Trejo also addressed Council.
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Discussion on this item included: actual renaming of streets as opposed to ceremonial changes; timelines, and; the process of forming a street naming committee.
PRESENTED
4. CITY COUNCIL
There were no Council items on the agenda.
5. CLOSED SESSION
Upon call, there was no public comment for Closed Session items.
During open session, Interim City Attorney Gonzales announced the items to be discussed in Closed Session.
Council withdrew from Open Session to hear Closed Session the following times: 10:13 A.M. to 10:52 A.M. and 3:42 P.M. to 4:17 P.M.
5.-A. ID 22-1106
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION -
Government Code Section 54956.9, subdivision (d)(1)
Case Name: London Wallace, et al. v. City of Fresno, et al.; Eastern District Court Case No 1:19-cv-01199
There were no open session announcements following the above closed session item.
DISCUSSED
5.-B. ID 22-1122 CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Government Code Section 54956.9, subdivision (d)(2): Case Name:
Verizon Wireless vs. City of Fresno.
The above item was not discussed by Council during closed session.
NOT DISCUSSED
5.-C. ID 22-1134
POTENTIAL EXPOSURE TO LITIGATION: Government Code Section 54956.9(d)(2): Central Valley NMTC Fund, LLC., v. City of Fresno.
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There were no open session announcements following the above closed session item. Councilmember Soria recused herself and was not present for the discussion.
DISCUSSED
ADJOURNMENT
City Council adjourned from Closed Session at 4:17 P.M.
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