2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
City of Fresno
Meeting Minutes
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
9:00 AM Council Chambers (In
Person And/Or Electronic)
Thursday, November 17, 2022
Regular Meeting
The City Council met in regular session in the Council Chamber, City Hall, on the date and time above written.
9:05 A.M. ROLL CALL
Councilmember Soria was absent during roll call but joined the meeting at 1:51 P.M. during closed session.
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 Rev. Elisa Loera, Senior Pastor with Christian Temple Fresno Pledge of Allegiance to the Flag
APPROVE AGENDA
City Clerk Stermer announced the following changes to the agenda:
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November 17, 2022City Council Meeting Minutes
conference with labor negotiators to discuss unrepresented employee, City Attorney (ID 22-1787).
The proclamation for "Lung Cancer Awareness Month" (ID 22-1743) was removed from the agenda with no specified return date by Council President Esparza.
Consent Calendar Item 1-C (ID 22-1739) regarding the American Rescue Plan Act (ARPA) funding to Community Based Organizations - the following correction was read into the record: adoption of the CEQA finding would be the first action by Council followed by approval of the Arte Americas agreement as the second action.
Consent Calendar item 1-Q (ID 22-1655) regarding the fourth amendment to the consultant services agreement with Blair, Church & Flynn Consulting Engineers - the following correction was read into the record: the "Fiscal Impact," section of the staff report should be made to replace "Water Enterprise Fund," with "Water Capacity Fee Fund," as follows: [t]he Project is funded in the Water Division's five-year Capital Improvement Program budget within the Water Capacity Fee Fund 40202, WC00085.
Consent Calendar item 1-X (ID 22-1746) regarding incentivizing job creation along the Ventura / Kings Canyon / Avenida Cesar Chavez corridor - the following change by the item sponsor was read into the record: the program will be a pilot program and will expire in 18 months.
Consent Calendar item 1-E (ID 22-1749), regarding the SAFER Grant, was moved to the December 1, 2022, agenda by staff.
Scheduled Hearing 10:05 A.M. #2 (ID 22-1541), regarding Plan Amendment P19-05950, was moved to the December 15, 2022, agenda at 10:05 A.M. by Councilmember Karbassi.
Councilmember Bredefeld registered a "no" vote for Consent Calendar item 1-W (ID 22-1376) concerning the confirmation of emergency conditions impacting the ability to meet safely.
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THE FOLLOWING ITEMS WERE MOVED FROM THE CONSENT
CALENDAR TO THE CONTESTED CONSENT CALENDAR FOR
FURTHER DISCUSSION
1-C (ID 22-1739) regarding the American Rescue Plan Act (ARPA) funding to Community Based Organizations - moved to Contested Consent by Councilmember Bredefeld.
1-G (ID 22-1756) regarding a change order with 72 Hour LLC for Dodge Durango patrol vehicles - moved to Contested Consent by Councilmember Arias.
1-K (ID 22-1658) regarding the California Violence Intervention and Prevention Grant - moved to Contested Consent by Councilmember Arias. 1-M (ID 22-1765) regarding compensation and benefits for city employees and charter officials - moved to Contested Consent by staff for a presentation.
1-P (ID 22-1733) regarding the first amendment to a consultant services agreement with MLA Green, Inc. - moved to Contested Consent by Councilmember Arias.
1-U (ID 22-1735) regarding a requirements contract for the purchase of Solar Real Time digital displays to Way Sine, LLC. - moved to Contested Consent by Councilmember Arias.
On motion of Councilmember Arias, seconded by Vice President Maxwell, 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 22-1732 Proclamation for “National Caregivers Month”
PRESENTED
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ID 22-1190 Proclamation for “World Day of Remembrance for Road Traffic Victims”
PRESENTED
ID 22-1743 Proclamation for “Lung Cancer Awareness Month” The above proclamation was removed from the agenda by Council President Esparza with no specified return date.
TABLED
COUNCILMEMBER REPORTS AND COMMENTS
Councilmember Arias Reports and Comments. Public Works has been trimming the trees downtown and scheduled a follow up meeting in the Tower neighborhood regarding protected bike lanes. The PARCS and Public Works Departments worked hard on the reopening of Tupman Park and were doing work at Hinton Park and MLK Park.
Councilmember Karbassi Reports and Comments. The District 2 Operation Gobble event will partner with Pinedale and Nelson Elementary Schools to provide 400 families with Thanksgiving groceries for Thanksgiving dinners.
Councilmember Chavez Reports and Comments. District 5 will sponsor Thanksgiving for the seniors at Senior Citizens Village.
Vice President Maxwell Reports and Comments. Free wifi will be added to bus lines 9 and 38 which serve the Highway City and Calwa neighborhoods.
The District 4 Operation Gobble event will take place at Wesley United Methodist Church and will provide hundreds of Thanksgiving meals due to the efforts of numerous partners.
Council President Esparza Reports and Comments. The Council President participated in the Jackson Elementary Fall Festival and the downtown annual Veterans Day Parade. District 7 hosted a Beautify Fresno event in partnership with Building Healthy Communities and a mock council meeting and civic engagement workshop in partnership with Delta Sigma Theta alumni. A townhall meeting was recently held with merchants from the Blackstone Avenue corridor to discuss various issues.
MAYOR/MANAGER REPORTS AND COMMENTS
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City Manager White Reports and Comments. On November 20, 2022, the Old Fresno Water tower will be lit yellow in honor of World Day of Remembrance for road traffic victims. Since the previous meeting, the administration provided memos to Council concerning: IDIFER Q1, Q2 and Q3 report; efforts to secure a firm for the Measure "P" audit; options and alternatives regarding re-energizing the solar farm at the airport; and reducing long term absences in the Police Department. In the spirit of Thanksgiving all city employees and elected officials were recognized for work they do to keep the City moving forward.
Mayor Dyer Reports and Comments. Mayor Dyer and Councilmember Karbassi introduced a delegation visiting from Ersekë, Albania to study good government practices. The delegation consisted of Ersekë Mayor Erion Isai, his wife and municipal team.
UNSCHEDULED COMMUNICATION
Upon call for unscheduled communication and public comment on consent calendar, contested consent calendar and closed session items, the following members of the public addressed Council: Steve Diddy (1-C), Philip Neufeld (3-A), Craig Jones, Fernando Paul Elizondo Sr., Joe Martinez, Kevin Miller (3-A), Dez Martinez, Lisa Flores, Latanya Beamon, Brandi Nuse-Villegas and Laura Splotch.
1. CONSENT CALENDAR
APPROVAL OF THE CONSENT CALENDAR
On motion of Councilmember Arias, seconded by Council President Esparza, the CONSENT CALENDAR was hereby adopted by the following vote:
Aye: Esparza, Maxwell, Karbassi, Arias, Chavez and Bredefeld6 -
Absent: Soria1 -
1.-A. ID 22-1751 Approval of the minutes for November 3, 2022, Regular Meeting.
APPROVED ON CONSENT CALENDAR
1.-B. ID 22-1757 ***RESOLUTION - Declaring a proper purpose for separation of emergency and non-emergency demolition contracts in the procurement process. (Subject to Mayor Veto)
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RESOLUTION 2022-249 ADOPTED
APPROVED ON CONSENT CALENDAR
1.-D. ID 22-1753
Actions pertaining to American Rescue Plan Act (ARPA) funding to Community Based Organizations (CBOs)
1. Approve an agreement with Fresno Area Hispanic
Foundation allocating $2,000,000 in ARPA funding to provide :
$1,000,000 in micro grants to underserved and minority small business that have suffered negative economic impacts; $500,000 to small businesses that are at risk of eviction due to the COVID -19 pandemic; and $500,000 for a micro -business assistance program specific to mobile food vendors.
APPROVED ON CONSENT CALENDAR
1.-E. ID 22-1749 ***RESOLUTION - Authorize the acceptance of 2021 Staffing for Adequate Fire and Emergency Response (SAFER) grant award for $ 7,246,600 from the Federal Emergency Management Agency (FEMA) and authorize the Fire Chief to complete all required documents (Subject to Mayor’s Veto) The above item was tabled to December 1, 2022, by staff.
TABLED
1.-F. ID 22-1750 ***BILL B -36 (Intro’d 11/3/2022) (For Adoption) - Adopting express findings of necessity related to local climatic, topographical, and geological conditions, which make the City ’s amendments to the California Fire Code reasonably necessary, repealing Article 10 of Chapter 5, and adding Article 10 to Chapter 5 of the Fresno Municipal Code relating to fire and life safety regulations (Subject to Mayor’s Veto) ORDINANCE 2022-037 ADOPTED
APPROVED ON CONSENT CALENDAR
1.-H. ID 22-1684 Approve the award of a cooperative purchase agreement to PB Loader of Fresno, California, for the purchase of two Freightliner asphalt patch trucks in the amount of $362,054 for the Department of Public Utilities
APPROVED ON CONSENT CALENDAR
1.-I. ID 22-1506 Actions pertaining to Master License Agreement for Small Cell Infrastructure with Verizon Wireless:
1. Adopt a finding of Categorical Exemption pursuant to CEQA Guidelines Section 15301/Class 1 for the Proposed Project pursuant to the California Environmental Quality Act (CEQA);
2. Approve a Master License Agreement with MSA Limited
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Partnership, d/b/a Verizon Wireless for placement of
telecommunication equipment on City assets as defined by Federal Communications Commission (FCC) Order 18-133.
APPROVED ON CONSENT CALENDAR
1.-J. ID 22-1736 Approve the purchase of computer equipment (laptops and docking stations) from Dell Technologies (Dell) in an amount not to exceed $ 1.6 million, utilizing National Association of State Procurement Officials (NASPO) Contract MNWNC -108/715034003 as part of the Citywide Computer Replacement Plan.
APPROVED ON CONSENT CALENDAR
1.-L. ID 22-1713 ***RESOLUTION - Authorizing the Director or Designee of the Parks, After School, Recreation and Community Services (PARCS) Department to Submit a Grant Application to KABOOM! to Fund and Implement Community Engagement, Project Management, Design, and Community Organizing for the Construction of a New Play Structure at University Park, and Authorizing Execution of the Grant Agreement and Any Related Documents with KABOOM! By the PARCS Director or Designee (Subject to Mayor’s Veto) (Council District 4).
RESOLUTION 2022-252 ADOPTED
APPROVED ON CONSENT CALENDAR
1.-N. ID 22-1650 Actions pertaining to the Travel Inn Shelter:
1. Affirm the City Manager ’s finding that Elevate Community Services is uniquely qualified to operate the Travel Inn Shelter; and
2. Approve an Emergency Solutions Grant- Coronavirus Agreement with Elevate Community Services in the amount of $253,266.21 to add three full time case managers to the staff at the Travel Inn Shelter.
APPROVED ON CONSENT CALENDAR
1.-O. ID 22-1731 RESOLUTION - Authorizing the submission of grant applications to the United States Department of Transportation 2022 Strengthening Mobility and Revolutionizing Transportation Grants Program totaling up to $ 2 million in requests for funding; and authorizing the execution of grant application and grant agreement documents by the Public Works Director.
RESOLUTION 2022-256 ADOPTED
APPROVED ON CONSENT CALENDAR
1.-Q. ID 22-1655
Approve the Fourth Amendment to the consultant services agreement with City of Fresno ***Subject to Mayoral Veto Page 7
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Blair, Church & Flynn Consulting Engineers, Inc ., to expand scope of services and increase the contract amount by $ 80,900, for an amended total not to exceed amount of $ 407,868, for the Van Ness Avenue Transmission Grid Main Project. (District 3)
APPROVED ON CONSENT CALENDAR
1.-R. ID 22-1742
Reject the sole bid received for the Northeast Surface Water Treatment Facility Sodium Hypochlorite Tank Replacement (Bid File 3881) ( Council District 6)
APPROVED ON CONSENT CALENDAR
1.-S. ID 22-1738
Actions pertaining to the water main replacement along East Jensen Avenue between South Clovis and South Fowler Avenues. (Bid File 3871) (Council District 5 and County):
1. Adopt a finding of categorical exemption pursuant to Section 15301 (Existing Facilities) and 15302 (Replacement or Reconstruction) of the California Environmental Quality Act Guidelines
2. Award a construction contract to Emmett ’s Excavation, Inc ., in the amount of $1,669,031
APPROVED ON CONSENT CALENDAR
1.-T. ID 22-1646 Approve a professional consultant agreement in the amount of $ 533,600 with PCubed Associates, a California corporation, for design and engineering services to implement the Department of
Transportation/Fresno Area Express (FAX) Maintenance Facility HVAC and Building Improvements project
APPROVED ON CONSENT CALENDAR
1.-V. ID 22-1745 Approve Agreement with Bell Memorials & Granite Works, Inc., in the amount of $117,534.55 for design, fabrication and installation services
APPROVED ON CONSENT CALENDAR
1.-W. ID 22-1376 ***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 item. As such, this item was APPROVED 5-1 by the following vote:
Aye (5): Karbassi, Arias, Chavez, Maxwell, Esparza
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No (1): Bredefeld
Absent (1): Soria
RESOLUTION 2022-257 ADOPTED
APPROVED ON CONSENT CALENDAR
1.-X. ID 22-1746 ***RESOLUTION - Adopting a program to incentivize job creation along the Ventura/Kings Canyon/Avenida Cesar Chavez corridor east of First Street (Subject to Mayor’s Veto)
The above item was approved with the additional information read into the record during approval of the agenda. The additional information stated the item was a pilot program and would expire in 18 months.
RESOLUTION 2022-258 ADOPTED
APPROVED ON CONSENT CALENDAR
CONTESTED CONSENT CALENDAR
1.-C. ID 22-1739
Actions pertaining to American Rescue Plan Act (ARPA) funding to Community Based Organizations (CBOs)
1. Approve an agreement with Arte Americas allocating
$413,175 in ARPA funding to complete needed capital
improvements and necessary repairs to the Arte Americas building and surrounding property.
2. Adopt a finding of Categorical Exemption pursuant to CEQA Guidelines Section 15301/Class 1 for to proposed project pursuant to the California Environmental Quality Act (CEQA)
Councilmember Bredefeld moved this item to the Contested Consent Calendar to question whether or not the $7,000,000 Arte Americas was recently awarded by the state of California could be used for capital improvements.
APPROVED
On motion of Councilmember Arias, seconded by Councilmember Bredefeld, that the above Action Item be APPROVED. The motion carried by the following vote:
Aye: Esparza, Maxwell, Arias, Chavez and Bredefeld5 -
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Absent: Soria and Karbassi2 -
1.-G. ID 22-1756 Approve a change order in the amount of $ 1,131,160 to a purchase contract with 72 HOUR LLC previously awarded by Council on September 29, 2022, to increase the quantity of Dodge Durango marked patrol vehicles from 80 to 105 for a total revised contract value of $4,750,870.04 (Bid File 12300303)
Councilmember Arias moved this item to the Contested Consent Calendar to get details behind the large change order and to ask questions regarding how the additional costs would be paid.
APPROVED
On motion of Councilmember Arias, seconded by Councilmember Chavez, that the above Action Item be APPROVED. The motion carried by the following vote:
Aye: Esparza, Maxwell, Karbassi, Arias, Chavez and Bredefeld6 -
Absent: Soria1 -
1.-K. ID 22-1658 Actions pertaining to the California Violence Intervention and Prevention Grant 2022 (CalVIP 2022) awarded to the City of Fresno (City) on June 9, 2022:
1. ***RESOLUTION - Adopting the 2nd 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,” Resolution No. 2022-153 ( PAR), adding one Community Coordinator position in the Office of Neighborhood Safety and Community Engagement Division (ONSCE) within Parks, After School, Recreation and Community Services (PARCS) Department funded under the CalVIP 2022 grant. (Subject to Mayor’s Veto)
2. ***RESOLUTION - Adopting the 12th Amendment to the Annual Appropriation Resolution (AAR) No. 2022-154 appropriating $607,900 of the CalVIP 2022 grant award for year one
programming and grant administration for Camp Fresno, Fresno Summer Nights, and Street Outreach Training Modules. ( Requires five affirmative votes) (Subject to Mayor’s Veto)
Councilmember Arias moved this item to the Contested Consent Calendar to clarify that the grant application had been previously approved and that PARCS staff would run Camp Fresno, Fresno Summer Nights and the training modules.
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RESOLUTION 2022-250 ADOPTED
RESOLUTION 2022-251 ADOPTED
On motion of Councilmember Arias, seconded by Councilmember Chavez, that the above Action Item be APPROVED. The motion carried by the following vote:
Aye: Esparza, Maxwell, Karbassi, Arias, Chavez and Bredefeld6 -
Absent: Soria1 -
1.-M. ID 22-1765 Actions pertaining to amendments to resolutions and ordinances related to compensation and benefits for city employees and charter officials
1.***RESOLUTION - Adoption of 5th Amendment to the FY 2023 Salary Resolution No. 2022-152 (Subject to Mayor’s Veto)
2.***RESOLUTION - Adoption of Amendment to the “Transparency in City Government Act” (Transparency Act) (Subject to Mayor’s Veto)
3.*** Resolution Adopting the 3rd 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 removing the 8 positions from the Budget Division of the Mayor and City Manager ’s Offices and adding 10 positions to the newly created Department of Budget and Management Studies (Subject to Mayor’s Veto)
4.Introduction of Bill, Amending Ordinance No. 2022-22 of the Fresno Municipal Code and Adopting an Ordinance Setting Forth the Compensation of Elective Officers
5.Introduction of Bill, Amending Ordinance No. 2017-10 of the Fresno Municipal Code and Adopting an Ordinance Related to Reimbursement of Expenses for Elected Officials
The above item was moved to the Contested Consent Calendar by staff for a presentation. Assistant City Manager Miller presented the item to Council.
There was no Council discussion on this item.
RESOLUTION 2022-253 ADOPTED
RESOLUTION 2022-254 ADOPTED
RESOLUTION 2022-255 ADOPTED
BILL B-38 INTRODUCED AND LAID OVER
BILL B-39 INTRODUCED AND LAID OVER
On motion of Councilmember Arias, seconded by Councilmember Chavez, that the above Action Item be APPROVED. The motion carried City of Fresno ***Subject to Mayoral Veto Page 11
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by the following vote:
Aye: Esparza, Maxwell, Arias, Chavez and Bredefeld5 -
Absent: Soria and Karbassi2 -
1.-P. ID 22-1733 Approve the First Amendment to the Consultant Services Agreement with MLA Green Inc ., DBA Studio MLA in the amount of $ 44,000, increasing the total contract amount to $ 859,695, for landscape architectural design services and preparation of construction documents for the No .13 Park at MLK Magnet Core Project (Council District 3)
Councilmember Arias moved this item to the Contested Consent Calendar to receive an update on the design of the MLK Park.
APPROVED
On motion of Councilmember Arias, seconded by Council President Esparza, that the above Action Item be APPROVED. The motion carried by the following vote:
Aye: Esparza, Maxwell, Arias, Chavez and Bredefeld5 -
Absent: Soria and Karbassi2 -
1.-U. ID 22-1735 Award a two -year Requirements Contract, with options for three one -year extensions, for the purchase of Solar Real Time Digital Displays to Way Sine LLC (Bid File 9663).
Councilmember Arias moved this item to the Contested Consent Calendar to determine why District 3 was not yet in "phase one."
APPROVED
On motion of Councilmember Arias, seconded by Council President Esparza, that the above Action Item be APPROVED. The motion carried by the following vote:
Aye: Esparza, Maxwell, Karbassi, Arias, Chavez and Bredefeld6 -
Absent: Soria1 -
2. SCHEDULED COUNCIL HEARINGS AND MATTERS
10:00 A.M.
ID 22-1729 HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding CITY OF FRESNO
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COMMUNITY FACILITIES DISTRICT NO. 9, Annexation No. 56
(Conditional Use Permit No. P20-04902) (Located on East Tulare Street between North Fowler Avenue and North
Claremont Avenue) (Council District 5)
1. ***RESOLUTION - to Annex Territory to Community
Facilities District No. 9 and Authorizing the Levy of a Special Tax for Annexation No. 56 (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. 9, Annexation No. 56 (Subject to Mayor’s Veto)
The above hearing was called to order at 10:24 A.M. Upon call, there were no public comments on this item. The public comment period was closed at 10:24 A.M. There was no Council discussion.
RESOLUTION 2022-259 ADOPTED
RESOLUTION 2022-260 ADOPTED
RESOLUTION 2022-261 ADOPTED
BILL B-40 INTRODUCED / ADOPTED AS ORDINANCE 2022-038
On motion of Councilmember Chavez, seconded by Council President Esparza, that the above Action Item be APPROVED. The motion carried by the following vote:
Aye: Esparza, Maxwell, Karbassi, Arias, Chavez and Bredefeld6 -
Absent: Soria1 -
10:05 A.M. #1
ID 22-1659 Consideration of Plan Amendment Application No. P21-06440; Rezone Application No. P21-06440; Tentative Tract Map No. 6402; Planned Development Permit Application No. P22-00795; Conditional Use Permit Application No. P21-06515; and related Environmental Assessment No .
T-6402/P21-06440/P22-00795/P21-06515 for approximately 4.83 acres of property located on the north side of East Alluvial Avenue, between North Paula and North Willow Avenues (Council District 6).
1. ADOPT - Mitigated Negative Declaration prepared for
Environmental Assessment No. T-6402/P21-06440/P22-
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00795/P21-06515 dated September 23, 2022, for the proposed project pursuant to California Environmental Quality Act (CEQA) Guidelines.
2. RESOLUTION - Approving Plan Amendment Application No. P21- 06440 proposing to amend the Fresno General Plan and
Woodward Park Community Plan to change the planned land use designation for approximately 3.00-acres of the subject property from Low Density Residential to Medium Density Residential.
3. BILL - (For introduction and adoption) - Approving Rezone Application No. P21-06440 proposing to rezone the approximately
3.00-acres of the subject property from the RS -3 ( Single-Family Residential, Low Density ) zone district to the RS -5 ( Single-Family Residential, Medium Density) zone district.
4. APPROVE - Tentative Tract Map No. 6402 proposing to subdivide approximately 3.00 acres of the subject property into a 15-lot, 28 -unit duplex residential development subject to compliance with the Conditions of Approval dated October 19, 2022.
5. APPROVE - Planned Development Permit Application No. P22- 00795 proposing to modify the RM -1 zone district development standards to allow for a reduction in the front yard, rear yard, and landscape buffer setbacks, and gated private streets.
6. APPROVE - Conditional Use Permit Application No. P21-06515 proposing to allow for duplex uses in the RS-5 zone district.
The above scheduled matter was called to order at 10:25 A.M. Upon call, there were no public comments on this item. The public comment period was closed at 10:25 A.M. There was no Council discussion.
RESOLUTION 2022-262 ADOPTED
BILL B-41 INTRODUCED / ADOPTED AS ORDINANCE 2022-039
On motion of Councilmember Bredefeld, seconded by
Councilmember Arias, that the above Action Item be APPROVED. The motion carried by the following vote:
Aye: Esparza, Maxwell, Karbassi, Arias, Chavez and Bredefeld6 -
Absent: Soria1 -
10:05 A.M. #2
ID 22-1541 HEARING to consider Plan Amendment and Rezone Application No .
P19-05950 and related Environmental Assessment No. P19-05950, for approximately 1.73 acres of property located on the south side of West Nees Avenue, between North Blackstone and North Ingram Avenues (Council District 2)
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1. ADOPT the Negative Declaration as prepared for Environmental Assessment No. P19-05950 dated July 29, 2022, for the proposed project pursuant to the California Environmental Quality Act (CEQA).
2. RESOLUTION - Approving Plan Amendment Application No. P19- 05950 proposing to amend the Fresno General Plan to change the planned land use designation for the subject property from High Density Residential (±1.73 acres) to Regional Mixed Use (±1.73 acres).
3. BILL (for introduction and adoption) - Approving Rezone Application No. P19-05950 proposing to amend the Official Zoning Map of the City of Fresno to rezone the subject property from the RM -3/UGM/CZ (Multi-Family Residential, High Density/Urban Growth
Management/conditions of zoning ) zone district to the RMX (Regional Mixed Use ) zone district in accordance with Plan Amendment Application No. P19-05950.
The above item was removed from the agenda by Councilmember Karbassi and tabled to December 15, 2022, at 10:05 A.M.
TABLED
10:10 A.M.
ID 22-1700 TEFRA HEARING - To hear and to consider information concerning the proposed issuance of tax -exempt Health Facility Revenue Bonds by the Michigan Finance Authority for the purpose of financing, or refinancing to the Borrower, the cost of acquisition, construction, improvement, and equipping of health care facilities in the City of Fresno. Proceeds of the Bonds will be loaned to Trinity Health Corporation, an Indiana nonprofit corporation, and the sole corporate member of Saint Agnes Medical Center, a California nonprofit corporation.
1. ***RESOLUTION - To Approve the issuance Revenue Bonds (Trinity Health Credit Group), by the Michigan Finance Authority, in one or more series, in an aggregate principal amount not to exceed $900,000,000, for the purpose among other things, of financing or refinancing the costs of acquisition, construction, improvement, and equipping of health care facilities owned and operated by Saint Agnes Medical Center and certain other matters relating thereto. (Subject to Mayor’s Veto.)
The above hearing was called to order at 10:26 A.M. Upon call, there were no public comments on this item. The public comment period was closed at 10:26 A.M. There was no Council discussion.
RESOLUTION 2022-263 ADOPTED
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On motion of Councilmember Arias, seconded by Councilmember Bredefeld, that the above Action Item be APPROVED. The motion carried by the following vote:
Aye: Esparza, Maxwell, Karbassi, Arias, Chavez and Bredefeld6 -
Absent: Soria1 -
11:00 A.M.
ID 22-1717 Actions pertaining to Residential Permit Parking District #10
1. HEARING to consider an amendment to Residential Permit Parking District #10
2. Adopt a finding of Categorical Exemption pursuant to Class 1/Section 15301 of the CEQA Guidelines
3. ***RESOLUTION - Amending Residential Permit Parking District #10 (Subject to Mayor’s Veto)
The above hearing was called to order at 11:31 A.M. Upon call, the following people addressed Council: "Tax Paying Citizen" and Lisa Flores.
Public comment was closed at 11:47 A.M.
Parking Division Manager Almaguer presented this item to Council.
RESOLUTION 2022-264 ADOPTED
On motion of Council President Esparza, seconded by
Councilmember Arias, that the above Action Item be APPROVED. The motion carried by the following vote:
Aye: Esparza, Maxwell, Karbassi, Arias and Bredefeld5 -
Absent: Soria and Chavez2 -
2:00 P.M.
ID 22-1761 Workshop - Safe Access to Woodward Park Study The above workshop was presented by Laura Gromis, Executive Director of USGBC Central California and Garrett Fortin, Policy and Program Analyst at UC Berkeley SafeTREC.
PRESENTED
3. GENERAL ADMINISTRATION
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3.-A. ID 22-1737 WORKSHOP - Broadband Strategic Plan
The above workshop was presented by Chief Information Officer Horn and Information Services Supervisor Zhou. Councilmember Arias requested a list detailing who uses the fiber connections and how much they pay for doing so.
Council discussion on this item included: how the determinations are made about where fiber is laid; why not all community centers are connected; why conduit and fiber would be placed outside city limits; public partnerships versus private partnerships; quality of service to be provided; and possibly revisiting the pilot sites to include under served areas.
PRESENTED
4. CITY COUNCIL
4.-A. ID 22-1766 Resolution in support of the women and children of Iran as they stand against the government of Iran in its persecution of women and violations of human rights
The above item was introduced to Council by Councilmember Karbassi.
Upon call, the following members of the public addressed council: Lisa Flores, Brandi Nuse-Villegas and Latanya Beamon.
RESOLUTION 2022-265 ADOPTED
On motion of Councilmember Karbassi, seconded by Councilmember Chavez, that the above Action Item be APPROVED. The motion carried by the following vote:
Aye: Esparza, Maxwell, Karbassi, Arias, Chavez and Bredefeld6 -
Absent: Soria1 -
5. CLOSED SESSION
During open session, Interim City Attorney Gonzales announced the items that would be discussed in closed session, including the separately noticed special meeting item (ID 22-1787). Council President Esparza announced he would be recused from closed session item 5-D (ID 22-1760) due to a City of Fresno ***Subject to Mayoral Veto Page 17
November 17, 2022City Council Meeting Minutes
conflict.
Council withdrew from open session to hear closed session items at 1:35 P.M. and 2:18 P.M.
5.-A. ID 22-1609
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Government Code Section 54956.9, subdivision (d)(1)
City of Fresno v. Shell Oil Company, et al. (Public Utilities Department) San Francisco County Superior Court Case No.: CGC-22-600974 The above item was discussed in closed session. There were no open session announcements regarding this item.
DISCUSSED
5.-B. ID 22-1675
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Government Code Section 54956.9, subdivision (d)(1)
Desiree Martinez, et al. v. City of Fresno; Eastern District Court Case No. 1:22-cv-00307
The above item was discussed in closed session. There were no open session announcements regarding this item.
DISCUSSED
5.-C. ID 22-1764 CONSIDER PUBLIC EMPLOYEE APPOINTMENT - Government Code Section 54957(b)
Consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee.
Title: City Attorney
The above item was discussed in closed session. There were no open session announcements regarding this item.
DISCUSSED
5.-D. ID 22-1760
CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION,
Government Code Section 54956.9, subdivision (d)(2);
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November 17, 2022City Council Meeting Minutes
Nelson Esparza v. City of Fresno
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION,
Government Code Section 54956.9, subdivision (d)(1);
People v. Nelson Esparza (F22905037)
The above item was discussed in closed session. Council President Esparza was recused from this item and was not present for the discussion.
There were no open session announcements regarding this item.
DISCUSSED
ADJOURNMENT
City Council adjourned the open session portion of the meeting at 2:18 P.M.
The above minutes were approved by unanimous vote of the City Council during the December 1, 2022, regular meeting with Councilmember Soria absent.
City of Fresno ***Subject to Mayoral Veto Page 19