City of Fresno

2600 Fresno Street

Fresno, CA 93721

www.fresno.gov

Meeting Agenda - Final-revised

Thursday, June 23, 2022

9:00 AM

Regular Meeting / Vote on Budget Motions

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

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.

2. You are invited to a Zoom webinar.

When: June 23, 2022 9:00 AM Pacific Time (US and Canada)

Topic: June 23, 2022 Regular Meeting

a) Register in advance for this webinar:

https://zoom.us/webinar/register/WN_6tf7f2mdQnuiZTbakc8Q0A

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,

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.

3. Email: to clerk@fresno.gov

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 clerk@fresno.gov. 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.

9:06 A.M. ROLL CALL

Invocation by Pastor Pete from Cross Church

Pledge of Allegiance to the Flag

APPROVE AGENDA

CEREMONIAL PRESENTATIONS

ID 22-890

Proclamation for “John Lee Walker Day”

Councilmember Bredefeld

Sponsors:

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

1.-A. ID 22-1032

Approval of the Minutes of the June 9, 2022 Regular City

Council Meeting, June 13, 2022 Budget Hearing Meeting,

June 14, 2022 Budget Hearing Meeting, and the June 15,

2022 Budget Hearing Meeting.

Office of the City Clerk

Sponsors:

1.-B. ID 22-894

Approve the First Amendment to Consultant Service

Agreement between City of Fresno and Unison Consulting,

Inc., to extend the current agreement for the Airport

Concession Request for Proposals at Fresno Yosemite

International Airport. (Council District 4)

Airports Department

Sponsors:

1.-C. ID 22-852

Actions related to the Lease Agreement for Restaurant

Facility inside the Administration/Terminal Building with Henry

Wang, an individual, d.b.a. The Flight Line Café, at Fresno

Chandler Executive Airport (FCH). (Council District 3)

1. Adopt a finding of Categorical Exemption pursuant to

Section 15301 (Existing Facilities) of the California

Environmental Quality Act Guidelines

2. Approve the Lease Agreement for Restaurant Facility

(Lease) inside the Administration/Terminal Building with

Henry Wang, an individual, d.b.a. The Flight Line Café, at

FCH for a term of three (3) years. The amount of potential

revenue generated by this Lease Agreement is $21,600.

(Council District 3)

Airports Department

Sponsors:

1.-D. ID 22-945

Approve a consultant services agreement with CSDA Design

Group to provide professional noise abatement related

consultant services for the Fresno Yosemite International

Airport Residential Sound Insulation Program in an amount

not to exceed $958,771.55 (Council District 4)

Airports Department

Sponsors:

1.-E. ID 22-1055

BILL (for introduction) - Amending Administrative Abatement,

Fresno Municipal Code (FMC) Section 10-616.

City Attorney's Office

Sponsors:

1.-F. ID 22-978

Actions pertaining to purchase of document management

software for the City Attorney’s Office:

1. Approve the finding that Innovative Computing Systems,

Inc., is uniquely qualified;

2. Approve a Master Service Agreement with Innovative

Computing Systems, Inc., for $128,840, and annual renewals

up to $20,000 per year for document management software;

and

3. Approve an End User Software License Agreement with

iManage LLC

City Attorney's Office

Sponsors:

1.-G. ID 22-1020

Award Outside Audit Contract to The Pun Group and

authorize the Finance Director/Controller to negotiate and

execute the contract for services

Finance Department

Sponsors:

1.-H. ID 22-1012

Approve Addendum to Lease Agreement with Ray Morgan

Company

Information Services Department

Sponsors:

1.-I. ID 22-987

Approve an amendment to extend repayment for 6-months to

December 31, 2022 on the Interfund Loan Agreement

between the City of Fresno Sewer Operating Fund and the

City of Fresno General Fund for the purchase, acquisition,

and operation of the Valley Inn motel.

Office of Mayor & City Manager

Sponsors:

1.-J. ID 22-1028

Actions pertaining to allocation of American Rescue Plan Act

funding:

1. Approve the recommendation of fifteen service proposals

allocating American Rescue Plan Act (ARPA) funding for local

Community Based Organizations (CBOs) totaling

$10,000,000 (Bid File 10083) to the following organizations:

(1) Arte Americas $413,175; (2) Asian Business Institute &

Resource Center $1,000,000; (3) Bitwise $1,000,000; (4)

Boys & Girls Club $160,000; (5) Breaking the Chains

$104,443; (6) Central Valley Children’s Services Network

$1,000,000; (7) Centro La Familia Advocacy Services

$873,840; (8) Exceptional Parents Unlimited $158,785 (9)

Fresno Area Hispanic Foundation $1,000,000; (10) Fresno

Metro Black Chamber Foundation $715,000; (11) Fresno

Metro Ministry $429,420; (12) Helping Others Pursue

Excellence $500,000; (13) Marjaree Mason Center

$1,067,297; (14) Neighborhood Industries $1,000,000; and

(15) San Joaquin Valley Manufacturing Alliance $578,040.

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 American Rescue Plan Act (ARPA) to aid in the

COVID-19 Recovery Effort.

Office of Mayor & City Manager

Sponsors:

1.-K. ID 22-999

Actions pertaining to the Fresno Regional Workforce

Development Board (FRWDB) - Young Adult Services Work

Experience Agreement for an amount not to exceed $140,400

for the grant period of July 1, 2022 to June 30, 2023

Personnel Services Department

Sponsors:

1.-L. ID 22-1051

***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).

Planning and Development Department

Sponsors:

1.-M. ID 22-996

Approve an agreement for Professional Engineering Services

with Toole Design Group for $141,015, with a $10,000

contingency, for the preparation of the Fancher Creek Trail

Plan (District 5)

Public Works Department

Sponsors:

1.-N. ID 22-1036

***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).

Council President Esparza

Sponsors:

1.-O. ID 22-1058

BILL (for introduction) - Creating the Tenant Relocation

Benefits Following City Order To Vacate Due To Immediate

Health And Safety Risk Ordinance, FMC section 11-338.

Vice President Maxwell

Sponsors:

1.-P. ID 22-1054

BILL (for introduction) - Repealing Ordinance No. 2018-67 of

the Fresno Municipal Code and adopting an ordinance

setting forth the compensation of elective officers.

Vice President Maxwell, Councilmember Karbassi and

Councilmember Chavez

Sponsors:

CONTESTED CONSENT CALENDAR

2. SCHEDULED COUNCIL HEARINGS AND MATTERS

9:00 A.M. - Budget Hearings Continued

ID 22-984

Vote on Council Motions

(CONTINUED TO JUNE 30, 2022) 10:00 A.M.#1

ID 22-994

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).

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.

Planning and Development Department

Sponsors:

10:00 A.M. #2

ID 22-988

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 No 2020-05) (Northeast corner of South

Maple Avenue and East Jensen 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. 54 (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. 54 (Subject to Mayor’s Veto)

Public Works Department

Sponsors:

10:05 A.M.

ID 22-1022

Actions pertaining to citywide development impact fees (all

council districts):

1. HEARING - to consider amendment to the City of Fresno’s

Master Fee Schedule to increase and decrease the existing

Citywide Regional Streets, New Growth Area Major Streets,

Traffic Signals, Police Facilities, Fire Facilities; and adopt the

associated nexus studies

2. Adopt a Finding of Statutory Exemption, per staff

determination in the attached environmental assessment,

pursuant to Section 15273 of the California Environmental

Quality Act (CEQA) Guidelines;

3. Adopt the Nexus Studies and incorporated capital

improvement programs, for the impact fee programs

associated with the citywide regional streets, new growth

area major streets, traffic signals, police facilities, and fire

facilities fees; and adopt associated findings pursuant to the

Mitigation Fee Act;

4. ***RESOLUTION - Adoption of the 570th Amendment to

the Master Fee Schedule Resolution No. 80-420 to increase

and decrease the Citywide Regional Streets, New Growth

Area Major Streets, Traffic Signals, Police Facilities, and Fire

Facilities Development Impact Fees; and to delete the Urban

Growth Management (UGM) Impact Fees (subject to Mayoral

Veto).

Public Works Department

Sponsors:

(CONTINUED FROM JUNE 16, 2022) 10:10 A.M.

ID 22-1052

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.

Planning and Development Department

Sponsors:

3. GENERAL ADMINISTRATION

3.-A. ID 22-897

Actions related to the Airline Use Agreement with Aerovías de

México S.A. de C.V. dba. AeroMéxico; Alaska Airlines, Inc.;

Allegiant Air, LLC.; American Airlines, Inc.; Delta Air Lines,

Inc.; SkyWest Airlines, Inc.; Southwest Airlines Co.; United

Airlines, Inc.; and Concesionaria Vuela Compañía de

Aviación S.A.P.I de C.V. dba. Volaris.

1. Adopt a finding of Categorical Exemption pursuant to

Section 15301 (Existing Facilities) of the California

Environmental Quality Act Guidelines.

2. Approve the new Airline Use Agreement (AUA) Agreement

between the City of Fresno and Aerovías de México S.A. de

C.V. dba AeroMéxico; Alaska Airlines, Inc.; Allegiant Air, LLC.;

American Airlines, Inc.; Delta Air Lines, Inc.; SkyWest Airlines,

Inc.; Southwest Airlines Co.; United Airlines, Inc.; and

Concesionaria Vuela Compañía de Aviación S.A.P.I de C.V.

dba. Volaris, for a lease term of five years. (Council District 4)

Airports Department

Sponsors:

4. CITY COUNCIL

5. CLOSED SESSION

5.-A. ID 22-1014

CONFERENCE WITH LEGAL COUNSEL-EXISTING

LITIGATION -Government Code Section 54956.9, subdivision

(d)(1)

Case Name: Nelson Esparza v. Garry Bredefeld; Fresno

Superior Court Case No. 22CECG01469

City Attorney's Office

Sponsors:

5.-B. ID 22-1057

CONFERENCE WITH LEGAL COUNSEL - POTENTIAL

LITIGATION, Government Code Section 54956.9(d)(2);

Nelson Esparza v. City of Fresno

City Attorney's Office

Sponsors:

5.-C. ID 22-1039

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.

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.

City Attorney's Office

Sponsors:

5.-D. ID 22-1033

CONFERENCE WITH REAL PROPERTY NEGOTIATOR -

Government Code Section 54956.8 Property: 1343 E.

Barstow;

Negotiating Parties: City Manager, Wesley United Methodist

Church;

Under Negotiation: Price and terms of sale or lease.

Vice President Maxwell

Sponsors:

5.-E. ID 22-1034

CONFERENCE WITH REAL PROPERTY NEGOTIATOR -

Government Code Section 54956.8

Property: APN 438-022-21;

Negotiating Parties: City Manager, Won K. Lee and Sang D.

Lee

Under Negotiation: Price and terms of payment.

Vice President Maxwell

Sponsors:

5.-F. ID 22-1035

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

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

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

Personnel Services Department

Sponsors:

5.-G. ID 22-1074

PUBLIC EMPLOYEE PERFORMANCE EVALUATION

1. Government Code Section 54957(b): consider the

appointment, employment, evaluation of performance,

discipline, or dismissal of a public employee.

Title: City Attorney

2. Government Code Section 54957.6: conference with labor

negotiator. City Negotiator: Council President Nelson

Esparza. Unrepresented Employee: City Attorney

City Attorney's Office

Sponsors:

ADJOURNMENT

UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS

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)

June 30, 2022

10:05 A.M. - HEARING to consider the proposed Annual Assessment for the City

of Fresno Landscaping and Lighting Maintenance District No. 1 (Citywide)

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

UPCOMING EMPLOYEE CEREMONIES

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

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