2600 Fresno Street

Fresno, CA 93721

www.fresno.gov

City of Fresno

Meeting Minutes

City Council

President - Tyler Maxwell

Vice President - Annalisa Perea

Councilmembers:

Mike Karbassi, Miguel Angel Arias, Luis Chavez,

Garry Bredefeld, Nelson Esparza

City Manager - Georgeanne A. White

City Attorney - Andrew Janz

City Clerk - Todd Stermer, CMC

9:00 AM

Thursday, August 10, 2023

Council Chambers (In

Person and/or Electronic)

The City Council met in regular session in the Council Chamber, City Hall, on the

date and time above written.

9:10 A.M. ROLL CALL

Present: 7 -

Councilmember Nelson Esparza

Council President Tyler Maxwell

Vice President Annalisa Perea

Councilmember Mike Karbassi

Councilmember Miguel Angel Arias

Councilmember Luis Chavez

Councilmember Garry Bredefeld

Invocation by Venerable Bunthon Say, an abbot of Fresno Cambodian Buddhist Society

Venerable Bunthon Say gave the invocation.

Pledge of Allegiance to the Flag

Councilmember Bredefeld led the Pledge of Allegiance.

APPROVE AGENDA

City Clerk Stermer announced the following changes to the agenda:

Consent Calendar item 1-T (ID 23-1214) regarding contract change order

No. 1 to the requirements contract with ScrubCan, Inc.- an updated map was

distributed as a supplement yesterday and the following needs to be read

into the record:

• The second sentence of the background section of the staff report is

amended to read: “Attached is a vicinity map showing the limits of work to

be performed under the proposed contract change order, which will include

Olive Avenue from Echo to just east of Van Ness, Linden from Olive to Fern,

Fern from Linden to Maroa, and Maroa from Olive to Fern, Van Ness from

Floradora to Home, Fulton from Olive to Alhambra, plus the Tower Theatre

parking.

Consent Calendar item 1-H (ID 23-1044) regarding the first amendment to

Service Agreement entered between the City of Fresno, and ACE Parking

Management III, LLC - was removed from the agenda by Vice President

Perea and Councilmember Arias with no return date.

Consent Calendar item 1-U (ID 23-1193) regarding agreement with Fresno

County Superintendent of Schools - was removed from the agenda by staff

with no return date.

Vice President Perea recused herself from Consent Calendar item 1-M (ID

23-1168) regarding the Woodward Park Pickleball Project and Consent

Calendar item 1-N (ID 23-1174) regarding agreement for professional

engineering services with Quad Knopf Inc., dba QK.

ITEMS MOVED TO CONTESTED CONSENT FOR FURTHER

DISCUSSION:

1-G (ID 23-1113) regarding Measure P Expanded Access to Arts and

Culture - was moved to the Contested Consent by Council President

Maxwell and Councilmember Arias

1-I (ID 23-952) regarding Consultant Services Agreement with Precision

Civil Engineering, Inc. - was moved to the Contested Consent by

Councilmember Karbassi.

1-J (ID 23-1173) regarding Consultant Services Agreement with Tetra Tech

BAS, Inc. - was moved to the Contested Consent by Councilmember Arias.

1-O (ID 23-1169) regarding the Mariposa Plaza Renovations - was moved to

the Contested Consent by Councilmember Arias.

1-S (ID 23-1156) regarding the Final Map of Tract No. 6276 located near the

Northwest corner of North Parc West Drive and North Grantland Avenue -

was moved to the Contested Consent by Councilmember Karbassi.

On motion of Councilmember Arias, seconded by Vice President

Perea, the above Agenda was ADOPTED AS AMENDED. The motion

carried by the following vote:

Aye: 7 -

Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and

Bredefeld

CEREMONIAL PRESENTATIONS

Proclamation for “Dakota Eco-garden 10-year Anniversary”

ID 23-893

PRESENTED

ASE Blue Seal of Excellence Recognition to the Fleet Management

Division of the General Services Department.

ID 23-1172

PRESENTED

Proclamation for “Dale Yurong's 40th Year Anniversary”

Proclamation “Honoring Deputy Mayor Matthew Grundy”

ID 23-1218

PRESENTED

ID 23-1198

PRESENTED

COUNCILMEMBER REPORTS AND COMMENTS

Councilmember Karbassi Reports and Comments: Announced the updated

paving on Hayes and HWY 99. Attended the first outreach for the Senior

Center. Acknowledged Code Enforcement and staff for attending to blight in

District 2. Attended the funeral of ATU bus driver Mike Reynolds who

posthumously received the key to the City. Congratulated the new Fire Chief

Billy Alcorn.

Councilmember Arias Reports and Comments: Acknowledged those who

helped with the opening of the new campus of west Fresno. Gave an update

on Hotel California and reviewed the progress of the facility. Acknowledged

the Public Works Department for the bike lanes in the Tower District.

Addressed the Cannabis licenses that were terminated in District 3 and

acknowledged the administration for addressing the matter and holding the

cannabis licenses accountable. Discussed the recent lab operation in

Reedley and announced District 3 would be making a formal request from

the County of Fresno to follow up on the matter.

Councilmember Bredefeld Reports and Comments: Congratulated the new

Fire Chief Billy Alcorn. Addressed the recent lab operations in Reedley,

California.

Councilmember Esparza Reports and Comments: announced a successful

5th annual "Beat the Heat" event at Romain Park. Acknowledged the Central

and Southeast Policing Districts for each taking him on a ride along.

Acknowledged the Neighborhood Watch for hosting a meeting off

Huntington Blvd. Discussed a meet and greet at the Park Grove Commons.

Provided back to school backpacks at Fresno City College with partner

organizations. Recently discussed opportunities and challenges for Fresno's

workforce with Secretary Stewart Knox of the California Labor and

Workforce Development Agency. Discussed upcoming community meetings

regarding the Senior Activity Center.

Vice President Perea Reports and Comments: Highlighted The Doves

Parlour as the District 1 Business of the Month. Acknowledged District 1

team for providing a proclamation to the Valley Center for the Blind for the

anniversary of the organization. Announced District 1 and District 3 joined

forces to host several educational workshops regarding sidewalks vending

and the implementation of the new pilot program. Discussed the hard work

of city staff upgrading sidewalk infrastructure. Discussed recent backpack

giveaway with partners District 7, Troy Center, Fresno Pro-Am and Quincy

Pondexter. Congratulated the Fresno Health Center on the recent grand

opening. Announced discussions with Secretary Stewart Knox of the

California Labor and Workforce Development Agency regarding future

partnerships in the City of Fresno. Announced a recent backpack giveaway

with Assemblywomen Soria at Inspiration Park and thanked the FPOA, Fire

Department and other Departments for making the event memorable.

Council President Maxwell Reports and Comments: Announced the 5th

annual Impact Church "Kick It" outreach event at Cary Park. Discussed the

3rd annual District 4 "Beat the Heat" at Vinland Park sponsored by

numerous community partners. Announced an upcoming community

meeting to discuss the, soon to be, largest Senior Center in the central

valley. Expressed gratitude to Assistant City Manager Barfield and Mayor

Dyer regarding efforts to establish free Wi-Fi on FAX buses.

MAYOR/MANAGER REPORTS AND COMMENTS

Mayor Dyer Reports and Comments: Discussed the free Wi-Fi and other

upgrades on FAX buses and acknowledged the Transportation and

Information Services Departments. Discussed a recent Beautify Fresno

event which collected more than 13,000 pounds of trash. Attended the West

Fresno campus opening with Councilmember Arias. Acknowledged LeeAnn

Eager for her 14 years with the Economic Development Corporation and her

successes in Fresno. Announced the groundbreaking of a 205,000 square

foot building for the Coca-cola as they move into Fresno.

CITY CLERK AND CITY ATTORNEY REPORTS AND COMMENTS

City Clerk Stermer Reports and Comments: Announced upcoming elections

for Council Districts 2, 4, 6, and Mayor. Discussed election timelines and

encouraged members to attend an upcoming elections filing class to be held

by the Fresno County Registrar's Office.

UNSCHEDULED COMMUNICATION

Upon call, the following members of the public addressed Council: Gary

Doesekle, Steve Diddy, Fernando Elizando, Armando Hernandez, David

Marshall (10:25 A.M.), Selena Morales (10:10 #1), Linda Amaranao (10:10

#1), Raymond Juarez, Naindeep Singh (1-W), Sarait Martinez (1-W), Dr.

Nirmal Singh (1-W), Sameerr Singh, Jaskeet Kaur (1-W), Harman Singh

(1-W), Ramon Perez, Jr., Shar Thompson, Patricia Granillo, Eric Payne

(1-J), Leticia Luquin (Mobile Home Park), Luis Gonzalez (4-A), BT Lewis

(1-W & 10:25), Kristal Neise, Isaac Mongia, Robert McCloskey, Lisa Flores,

Brandi Nuse-Villegas, and Dez Martinez.

1. CONSENT CALENDAR

APPROVAL OF THE CONSENT CALENDAR

On motion of Councilmember Arias, seconded by Councilmember

Karbassi, the CONSENT CALENDAR was hereby adopted by the

following vote:

Aye: 7 -

Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and

Bredefeld

Approval of Minutes for July 20, 2023, Regular Meeting

1.-A.

ID 23-1183

APPROVED ON CONSENT CALENDAR

***BILL B-24 - (Intro’d July 20, 2023) (For Adoption) to Amend Section

1.-B.

ID 23-1179

2-1105 of the Fresno Municipal Code, relating to Campaign Contributions -

Limitations on amount and document filing methods. (Subject to Mayor’s

Veto)

ORDINANCE 2023-024 ADOPTED

APPROVED ON CONSENT CALENDAR

RESOLUTION - Concerning Measure C Extension Local Transportation

Purposes Pass-Through Projects and Program Funds Annual Allocation

for Fiscal Year 2023-2024

1.-C.

1.-D.

ID 23-1075

RESOLUTION 2023-221 ADOPTED

APPROVED ON CONSENT CALENDAR

ID 23-1199

Actions pertaining to an agreement with the Fresno Area Hispanic

Foundation for the Small Business Façade Program for $1,000,000:

1. Affirm the City Manager’s determination that Fresno Area Hispanic

Foundation is uniquely qualified to administer the Small Business

Façade Program on behalf of the City of Fresno.

Approve

agreement

with

Fresno

Area

Hispanic

Foundation allocating $1,000,000 for the Small Business Façade

Program providing grants to underserved and minority small

businesses located in Council Districts 1 and 4 in an effort to

improve the façade of their brick-and-mortar business.

APPROVED ON CONSENT CALENDAR

Award a requirements contract for automotive, heavy-duty, and construction

1.-E.

1.-F.

ID 23-1195

equipment batteries for the municipal fleet to Motive Energy, LLC of

Fresno, California, for three years with three, one-year optional extensions,

for a total contract amount of $397,532, plus annual CPI adjustments

APPROVED ON CONSENT CALENDAR

Actions pertaining to the California Automated Permit Processing

ID 23-1160

(CalAPP) grant.

1. Authorize the Chief Information Officer to accept $100,000 in grant

funding for the CalAPP grant awarded to the City of Fresno from the

California Energy Commission.

2. Authorize the Chief Information Officer to execute the Grant

Agreement, extensions and all related documentation applicable to

the CalAPP grant.

3. ***RESOLUTION - Adopt the 2nd Amendment to the Annual

Appropriation

Resolution

(AAR)

2023-185

appropriating

$100,000 for the CalAPP grant (Requires five affirmative votes)

(Subject to Mayor’s veto).

RESOLUTION 2023-222 ADOPTED

APPROVED ON CONSENT CALENDAR

Approve First Amendment to Service Agreement entered between the City

1.-H.

ID 23-1044

of Fresno, and ACE Parking Management III, LLC to provide revenue

controls, customer service, and maintenance at the City’s portfolio of

parking assets adding Tower Theater Parking Lot for an increase of

$51,040.80 for a total fee of $13,230,332.

The above item was removed from the agenda by Vice President Perea and

Councilmember Arias with no return date.

TABLED

Approve an increase to the requirements contract with Dawson-Mauldin,

ID 23-1188

1.-K.

1.-L.

LLC., for permanent asphalt concrete pavement repairs, in the amount of

$960,000 for a total contract amount of $6,664,400 (Citywide).

APPROVED ON CONSENT CALENDAR

Approve the First Amendment to the consultant services agreement with

ID 23-1190

Pcubed Associates Incorporated to extend the term of the contract to

December 31, 2024, for the previously approved contract in the amount of

$129,030, for the Forensic Investigation of Structural Components at the

Fresno-Clovis Regional Wastewater Reclamation Facility (Council District

3).

APPROVED ON CONSENT CALENDAR

Actions pertaining to the Woodward Park Pickleball Project (Council

ID 23-1168

1.-M.

District 6)

1. ***RESOLUTION - 1st Amendment to the Annual Appropriation

Resolution No. 2023-185 appropriating $283,500 for professional

engineering services and design phase project management costs

(Requires 5 Affirmative Votes)(Subject to Mayor’s Veto)

2. Approve an agreement for professional engineering services with

Quad Knopf Inc., dba QK, of Fresno, California for $196,200, with a

$25,000 contingency, for design and construction support services

Vice President Perea recused herself from the above item.

RESOLUTION 2023-225 ADOPTED

APPROVED ON CONSENT CALENDAR

Aye: 6 - Esparza, Maxwell, Karbassi, Arias, Chavez and Bredefeld

Recused: 1 - Perea

Approve an agreement for professional engineering services with Quad

1.-N.

ID 23-1174

Knopf Inc., dba QK, of Fresno, California for $86,930 with a $10,000

contingency, for design and construction support services for the Roeding

Park Court Repurposing Project (Council District 3)

Vice President Perea recused herself from the above item.

APPROVED ON CONSENT CALENDAR

Aye: 6 - Esparza, Maxwell, Karbassi, Arias, Chavez and Bredefeld

Recused: 1 - Perea

Actions pertaining to the Fresno Street and Browning Avenue Intersection

ID 23-1165

1.-P.

Improvements Project - Bid File 12301325 (Council District 4)

1. Adopt a finding of Categorical Exemption per staff’s determination

pursuant to Section 15301/Class 1, 15302/Class 2, and

15304/Class 4 of the California Environmental Quality Act (CEQA)

Guidelines

2. Award a construction contract in the amount of $816,000 to St.

Francis Electric, LLC., of San Leandro, California

APPROVED ON CONSENT CALENDAR

***BILL B-25 - (Intro’d July 20, 2023) (For adoption) - Amending Section

ID 23-1164

1.-Q.

1.-R.

1.-T.

4-117 to the Fresno Municipal Code relating to National Targeted Hiring in

contracts for any Public Work of Improvement not covered by a Project

Labor Agreement and increasing median income levels for National

Economically Disadvantaged Area (Subject to Mayor’s Veto)

ORDINANCE 2023-025 ADOPTED

APPROVED ON CONSENT CALENDAR

RESOLUTION - Approving the Final Map of Tract No. 6350, and accepting

ID 23-1159

dedicated public uses offered therein except for dedications offered

subject to City acceptance of developer installed required improvements -

located on North Parc West Drive west of North Grantland Avenue (Council

District 1)

RESOLUTION 2023-226 ADOPTED

APPROVED ON CONSENT CALENDAR

Approve Contract Change Order No. 1 to a requirements contract with

ID 23-1214

ScrubCan, Inc. of Fresno, CA, for Business Corridor Litter Abatement

Services in the amount of $245,856 for a one-year contract to include the

Olive Avenue, Linden Avenue, Wishon Avenue, Fern Avenue and Van Ness

Avenue business corridors in the Tower District, bringing the total contract

value to $359,616 (Council District 1)

APPROVED ON CONSENT CALENDAR

Approve an agreement with the Fresno County Superintendent of Schools

1.-U.

ID 23-1193

(FCSS) for the Fresno Police Department to provide a student resource

officer (SRO) at the high school, Violet Heintz Educational Academy to

perform regular law enforcement duties.

The above item was removed from the agenda by staff with no return date.

TABLED

Approve the First Amendment to the professional consultant agreement

ID 23-1150

1.-V.

with PCubed Associates for the FAX Maintenance Facility HVAC and

Building Improvements project to provide additional design and

engineering services in the amount of $99,300.00.

APPROVED ON CONSENT CALENDAR

Bill (for introduction) - Amending Sections 3-610, 3-616, 7-1510, 9-234

ID 23-1220

1.-W.

and 9-915 of the Fresno Municipal Code, relating to human rights, including

protections against discrimination based on an individual’s caste and

indigeneity

Councilmember Arias motioned to include the following amendment to this

item as part of the Consent Calendar approval: application of the ordinance

shall be subject to the meet and confer process, as applicable; and shall be

subject to all City policies and all City, state, and federal laws and only

apply to the extent provided for by law.

The motion to include the amendment for this item as part of the Consent

Calendar vote was seconded by Vice President Perea and PASSED 7-0 by

unanimous vote.

APPROVED ON CONSENT CALENDAR AS AMENDED

CONTESTED CONSENT CALENDAR

Actions Pertaining to Measure P Expanded Access to Arts and Culture:

1.-G.

ID 23-1113

1. Adopt a finding that the Cultural Arts Plan is statutorily exempt from

the California Environmental Quality Act (CEQA) pursuant to CEQA

Guidelines Section 15262

2. ***RESOLUTION - Adopting the City of Fresno Cultural Arts Plan

as recommended by the Parks, Recreation and Arts Commission

(PRAC) (Subject to Mayor’s Veto)

3. ***RESOLUTION - A Resolution of the Council of the City of Fresno

Adopting the 10th Amendment to the Annual Appropriation

Resolution No. 2023-185 to appropriate $194,500 for Measure P

Administration Costs and $9,528,100 for grants for Expanded

Access to Arts and Culture. (Requires 5 Affirmative Votes) (Subject

to Mayor’s Veto)

4. Approve a five-year Administrative Services Agreement with the

Fresno Arts Council for the Expanded Access to Arts and Culture

Grant Program for a total annual fee not to exceed 2% of Measure

P Expenditure Category 4, and authorize the City Manager or

designee to execute all contract related documents on behalf of the

City

Council President Maxwell and Councilmember Arias moved this item to

the Contested Consent Calendar for clarifications on the ability of Council to

amend the grant process, if needed.

Council President Maxwell motioned to approve this item with an

amendment to allow the City Council to amend the grant guidelines in

accordance with Measure "P," at any time, for the Scope of Work for

deliverable number one.

APPROVED AS AMENDED

RESOLUTION 2023-223 ADOPTED

RESOLUTION 2023-224 ADOPTED

On motion of Council President Maxwell, seconded by

Councilmember Arias, that the above Action Item be ADOPTED AS

AMENDED. The motion carried by the following vote:

Aye: 7 -

Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and

Bredefeld

Actions pertaining to the Consultant Services Agreement with Precision

Civil Engineering, Inc.:

1.-I.

ID 23-952

1. Affirm the City Manager’s determination that Precision Civil

Engineering is uniquely qualified to provide the planning and

environmental services related to the Residential in Office Text

Amendment.

2. Approve a consultant agreement with Precision Civil Engineering

for planning and environmental services related to the Residential in

Office Text Amendment in the amount of $83,200.

Councilmember Karbassi moved this item to Contested Consent to clarify

the scope of the item as it relates to the conversion of existing office space,

vacant land zoned for office use and other mechanisms that might allow the

conversion of vacant land zoned for office use. Staff clarified the scope

looks at existing office space.

APPROVED

On motion of Councilmember Karbassi, seconded by Councilmember

Esparza, that the above Action Item be APPROVED. The motion

carried by the following vote:

Aye: 7 -

Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and

Bredefeld

Approve a consultant services agreement with Tetra Tech BAS, Inc., for an

amount not to exceed $363,700, to conduct a composting facility feasibility

study for the Fresno-Clovis Regional Wastewater Reclamation Facility

(Council District 3).

1.-J.

ID 23-1173

Councilmember Arias moved this item to Contested Consent top request the

administration hold community meetings prior to moving forward with the

item.

Councilmember Arias motioned to continue the item to the next Council

meeting.

CONTINUED TO AUGUST 24, 2023.

On motion of Councilmember Arias, seconded by Councilmember

Esparza, that the above Action Item be TABLED to the next Council

meeting. The motion carried by the following vote:

Aye: 6 - Esparza, Maxwell, Perea, Arias, Chavez and Bredefeld

No: 1 - Karbassi

Actions pertaining to the Mariposa Plaza Renovations - Bid File No.

ID 23-1169

1.-O.

12302138 (Council District 3):

1. Adopt a finding of Categorical Exemption per staff’s determination,

pursuant

Section

15302/Class

(Replacement

Reconstruction) of the California Environmental Quality Act

Guidelines

2. Award a construction contract in the amount of $2,691,094 to

American Paving Co. of Fresno, California

3. Approve a service agreement in the amount of $178,633.44 with

Pacific Gas and Electric Company

Councilmember Arias moved this item to the Contested Consent to obtain

clarification on the full scope of the project and funding sources. To avoid

conflicts with the scheduling of events, he requested notice of start dates to

be sent to his office and to the Downtown Partnership.

APPROVED

On motion of Councilmember Arias, seconded by Vice President

Perea, that the above Action Item be APPROVED. The motion carried

by the following vote:

Aye: 7 -

Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and

Bredefeld

RESOLUTION - Approving the Final Map of Tract No. 6276, and accepting

dedicated public uses offered therein except for dedications offered

subject to City acceptance of developer installed required improvements -

located near the northwest corner of North Parc West Drive and North

Grantland Avenue (Council District 1)

1.-S.

ID 23-1156

Councilmember Karbassi moved this item to Contested Consent to discuss

Community Facility Districts (CFDs) and specifically CFD 18.

RESOLUTION 2023-227 ADOPTED

On motion of Vice President Perea, seconded by Councilmember

Karbassi, that the above Action Item be ADOPTED. The motion carried

by the following vote:

Aye: 7 -

Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and

Bredefeld

2. SCHEDULED COUNCIL HEARINGS AND MATTERS

10:00 A.M.

Hold a public hearing and approve items related to the granting of a

Non-Exclusive Roll-Off Franchise for roll-off collection services (Citywide)

1. Hearing in accordance with Fresno City Charter Section 1303

related to ordinance and adoption of ordinance

ID 23-1078

2. ***BILL No. B-22 (Introduced June 29, 2023) (For adoption) of the

City of Fresno, which grants to Valley Dumpster Service LLC, a

non-exclusive franchise for roll-off collection services within the City

of Fresno (Subject to Mayor’s veto)

3. Authorize the Director of Public Utilities to execute an agreement of

Non-Exclusive Franchise for Roll-off Collection Services with the

City of Fresno

The above hearing was called to order at 1:36 P.M. Upon call, there was no

public comment and no Council discussion. The public comment period

closed at 1:36 P.M.

ORDINANCE 2023-026 ADOPTED

On motion of Councilmember Bredefeld, seconded by

Councilmember Karbassi, that the above Action Item be ADOPTED.

The motion carried by the following vote:

Aye: 7 -

Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and

Bredefeld

10:05 A.M. #1

HEARING to adopt resolutions and ordinance to annex territory and levy a

special tax regarding City of Fresno Community Facilities District Number

11, Annexation Number 146 (Final Tract Map Number 6383) (Located on

the northeast corner of North Armstrong Avenue and East Floradora

Avenue) (Council District 7)

ID 23-1192

1. ***RESOLUTION

to Annex Territory to Community Facilities

District No. 11 and Authorizing the Levy of a Special Tax for

Annexation No. 146 (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 2023-2024 and Future Tax Years Within and

Relating to Community Facilities District No. 11, Annexation No.

146 (Subject to Mayor’s Veto)

The above hearing was called to order at 1:37 P.M. Upon call, there was no

public comment and no council discussion. The public comment period

closed at 1:38 P.M.

RESOLUTION 2023-228 ADOPTED

RESOLUTION 2023-229 ADOPTED

RESOLUTION 2023-230 ADOPTED

BILL B-28 INTRODUCED / ADOPTED AS ORDINANCE 2023-027

On motion of Councilmember Esparza, seconded by Vice President

Perea, that the above Action Item be ADOPTED. The motion carried by

the following vote:

Aye: 7 -

Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and

Bredefeld

10:05 A.M. #2 (REMOVED FROM THE AGENDA WITH NO RETURN

DATE)

HEARING to consider the adoption of the Central Southeast Area Specific

Plan and related Environmental Assessment, State Clearinghouse (SCH

No. 2023020138), and related actions:

ID 23-1120

1. ADOPT the Subsequent Mitigated Negative Declaration,

Environmental Assessment No. P22-00400 dated February 1, 2023

(Exhibit I), prepared pursuant to CEQA Guidelines Section 15162

and 15070 et. Seq. and the Mitigation Monitoring and Reporting

Program prepared pursuant to CEQA Guidelines Section 15097.

2. APPROVE Plan Amendment Application P22-00400 which

proposes to:

a. RESOLUTION - Approving repeal of the Roosevelt

Community Plan, pertaining to approximately 15,721 acres

(Exhibit N)

b. BILL (For Introduction)(For Adoption) - Approving the repeal

of the Butler/Willow Specific Plan, pertaining to

approximately 563 acres (Exhibit O)

c. ***RESOLUTION - Approving adoption of the Central

Southeast Area Specific Plan and accompanying Planned

Land Use Ma (Exhibit P) (Subject to Mayor’s Veto)

d. RESOLUTION - Approving adoption of the Planned Land

Use Map (Figure LU-1) of the Fresno General Plan to

incorporate the land use changes proposed in the Central

Southeast Area Specific Plan (Exhibit Q)

e. BILL (For Introduction)(For Adoption) - Approving the rezone

of approximately 136 acres of property within the Central

Southeast Area Specific Plan area to be consistent with the

planned land uses proposed in the Plan (Exhibit R)

3. RESOLUTION - Authorizing the Planning Department Director or

her designee to correct any typographical errors and update the

text, policies, maps, tables, and exhibits contained in the Central

Southeast Area Specific Plan, the Fresno General Plan, and the

Development Code to reflect the final action taken by the Council, to

the extent that such updates are necessary to maintain consistency

(Exhibit S).

The above item was removed from the agenda by staff with no return date.

TABLED

10:05 A.M. #3

Consideration of Plan Amendment and Rezone Application No.

P22-04389, Development Permit Application No. P22-02376, and related

ID 23-1129

Environmental Assessment No. P22-04389/P22-02376 pertaining to ±4.39

acres of property located on the east side of North Armstrong Avenue

between East Clinton and East Shields Avenues (Council District 7) -

Planning & Development Department.

1. ADOPT

Mitigated Negative Declaration as prepared for

Environmental Assessment No. P22-02376/P22-04389, dated

June 16, 2023, for the proposed project pursuant to the State of

California Environmental Quality Act (CEQA).

2. RESOLUTION - approving Plan Amendment Application No. P22-

04389, requesting authorization to amend the Fresno General

Plan and McLane Community Plan to change the planned land

use designation for the subject property from Low Density

Residential to Medium High Density Residential.

3. BILL - (For introduction and adoption) Rezone Application No. P22-

04389, requesting authorization to amend the Official Zoning

Map of the City of Fresno to rezone the subject property from the

RS-1 (Residential Single-Family, Extremely Low Density) (±

4.39 acres) zone district to RM-1 (Residential Multi-Family,

Medium High Density) (±4.39 acres) zone district in

accordance with the Plan Amendment Application.

4. APPROVE

requesting authorization to construct

multi-family residential development including

Development Permit Application No. P22-02376,

64-unit, two-story

community

building, subject to compliance with the Conditions of Approval

dated August 10, 2023.

The above hearing was called to order at 1:38 P.M. Upon call, there was no

public comment and no Council discussion. The public comment period

closed at 1:39 P.M.

RESOLUTION 2023-231 ADOPTED

BILL B-29 INTRODUCED / ADOPTED AS ORDINANCE 2023-028

On motion of Councilmember Esparza, seconded by Vice President

Perea, that the above Action Item be ADOPTED. The motion carried by

the following vote:

Aye: 7 -

Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and

Bredefeld

10:10 A.M. #1

HEARING to Consider Plan Amendment and Rezone Application No.

P22-00507, Development Permit Application No. P22-00505, and related

Environmental Assessment No. P22-00507/P22-00505 pertaining to ±1.23

acres of property located on the west side of North Sugar Pine Avenue

between West Fir Avenue and West Beechwood Avenues. (Council

ID 23-1121

District 2) - Planning & Development Department.

1. ADOPT the Mitigated Negative Declaration as prepared for

Environmental

Assessment

No.

P22-00505/P22-00507,

dated

December 9, 2022, for the proposed project pursuant to the State of

California Environmental Quality Act (CEQA); and,

2. RESOLUTION - Approving Plan Amendment Application No. P22-

00507, requesting authorization to amend the Fresno General Plan

to change the planned land use designation for the subject property

from Residential - Medium Density (±1.23 acres) to Commercial -

General (±1.23 acres); and,

3. BILL

(For introduction and adoption)

Approving Rezone

Application No. P22-00507, requesting authorization to amend the

Official Zoning Map of the City of Fresno to rezone the subject

property from the RS-5 (Residential Single Family, Medium

Density) (±1.23 acres) zone district to the CG (Commercial -

General) (±1.23 acres) zone district in accordance with the Plan

Amendment Application; and,

4. APPROVE

Development Permit Application No. P22-00505,

requesting authorization to construct an 11,664-square-foot medical

clinic and associated parking, circulation, and infrastructure

improvements on the approximately 1.23-acre site, subject to

compliance with Conditions of Approval dated March 1, 2023.

The above hearing was called to order at 1:39 P.M. Upon call, the following

member of the public addressed Council: Linda Amaranao (spoke in

support). The public comment period closed at 1:40 P.M.

RESOLUTION 2023-232 ADOPTED

BILL B-30 INTRODUCED / ADOPTED AS ORDINANCE 2023-029

On motion of Councilmember Karbassi, seconded by Councilmember

Bredefeld, that the above Action Item be ADOPTED. The motion

carried by the following vote:

Aye: 7 -

Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and

Bredefeld

10:10 A.M. #2

HEARING to consider the vacation of a portion of North Hayes Avenue,

south of West Bullard Avenue (Council District 2):

ID 23-1162

1. ***RESOLUTION - Ordering the vacation a portion of North Hayes

Avenue, south of West Bullard Avenue (Subject to Mayor’s Veto)

The above hearing was called to order at 1:42 P.M. Upon call, there was no

public comment and no council discussion. The public comment period

closed at 1:43 P.M.

RESOLUTION 2023-233 ADOPTED

On motion of Councilmember Karbassi, seconded by Councilmember

Bredefeld, that the above Action Item be ADOPTED. The motion

carried by the following vote:

Aye: 7 -

Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and

Bredefeld

10:15 A.M.

HEARING - Consideration of an appeal of the City Manager’s decision to

approve the change of location for retail Commercial Cannabis Business

Permit No. C-20-88 (Council District 5)

ID 23-1030

The above hearing was called to order at 2:09 P.M. and was introduced to

Council by Councilmember Chavez and was followed by a presentation from

the applicant. Upon call, there was no public comment. The public

comment period was closed at 2:40 P.M.

Council discussion on this item included: outreach conducted by the

applicant including to the fairgrounds, administrative staff of Roosevelt High

School and the substance abuse facility but not to the foster youth mental

heath treatment facility; the details behind the "non-compliance" sale in a

Colorado facility owned by one of the three co-applicants and the changes

made following the incident; the foot traffic generated by families and

unaccompanied minors walking to the fairgrounds.

Councilmember Arias noted, for the record, he was not confident the

applicants could successfully operate at the current proposed location

without putting minors at undue risk based on (i) the applicants not being

able to determine the initial location was across from a high school under

construction, (ii) a citation was issued for a minor being allowed to enter a

Colorado cannabis facility owned by one of the applicants and, (iii) the fact

that the current location was in a corridor in which many unaccompanied

minors walk for the fairgrounds, bus rapid transit and nearby schools.

Following the discussion, Councilmember Chavez dropped his appeal and

noted he would reserved his right to lodge an appeal during the Conditional

Use Permit process.

APPEAL DROPPED - NO ACTION TAKEN

Councilmember Chavez dropped his appeal of the City Manager's

approval of the location change for retail Commercial cannabis

Business Permit No. C-20-88. Councilmember Chavez noted he would

reserved his right to lodge an appeal during the Conditional Use

Permit process.

10:20 A.M. (CONTINUED TO AUGUST 24, 2023 10:20 A.M.)

ID 23-1131

Hearing to Consider Development Permit Application No. P22-01346 and

related Environmental Assessment No. P22-01346 pertaining to ±0.69

acres of property located on the northwest corner of East McKinley and

South Fine Avenues (Council District 4) - Planning & Development

Department.

1. CONSIDER Environmental Assessment (EA) No. P21-01346,

dated December 8, 2022, a determination that the proposed

project is categorically exempt under Section 15332/Class 32

(In-Fill Development Project) of the State of California

Environmental Quality Act (CEQA) Guidelines; and,

2. DENY the appeal and UPHOLD the action of the Planning

Commission and Planning and Development Department Director to

approve Development Permit Application No. P22-01346, authorizing the

construction of an automated car wash facility subject to compliance with

the Conditions of Approval dated December 8, 2022.

The above item was removed from the agenda by staff and tabled to August

24, 2023, at 10:20 A.M.

TABLED

10:25 A.M.

Hearing to consider adoption of resolutions related to the designation of

properties to the Local Register of Historic Resources and adoption of

findings necessary to support recommendation pursuant to FMC 12-1609

1. ***RESOLUTION - A Resolution of the City Council of the City of

Fresno, California, designating the Dr. Earl R. Meyers Sr. & Mrs.

Mattie B. Meyers Fresno Street Medical Arts Center located at 444

Fresno Street, Fresno California to the Local Register of Historic

Resources (Council District 3) (Subject to Mayor’s veto).

ID 23-1161

The above hearing was called to order at 2:40 P.M. and introduced to

Council by Proponent David Marshall. There was no staff presentation.

Public comment was not held as the item was tabled.

Discussion on this item included the plans to renovate the building and

current ownership.

Councilmember Arias motioned the item be delayed until the next Council

meeting in order to allow time for legal ownership of the building to be

properly established.

TABLED TO AUGUST 24, 2023

On motion of Councilmember Arias, seconded by Vice President

Perea, that the above Action Item be TABLED to the next Council

meeting. The motion carried by the following vote:

Aye: 7 -

Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and

Bredefeld

3. GENERAL ADMINISTRATION

4. CITY COUNCIL

Approve a Memorandum of Understanding between the City of Fresno and

4.-A.

ID 23-1216

the California State Office of the Attorney General (OAG) to develop a

Cannabis Administrative Prosecutor Program (CAPP).

The above item was introduced to Council by City Attorney Janz and

Department of Justice Justin Buller. Upon call, the following member of the

public addressed Council: Rita Tsalyuk.

Council discussion on this item included: cross support for illicit sales in

smoke shops; staffing capacity to support the program without impacting

current code enforcement activities, plans for cost recovery, how to handle

pop-up vendors that operate for a limited time and advertise through social

media.

APPROVED

On motion of Councilmember Esparza, seconded by Vice President

Perea, that the above Action Item be APPROVED. The motion carried

by the following vote:

Aye: 7 -

Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and

Bredefeld

5. CLOSED SESSION

During open session, Councilmember Bredefeld and Councilmember

Chavez each announced they would be recused from Closed Session item

5-G (ID 23-1217). City Attorney Janz announced the items that would be

discussed in closed session.

Council entered closed session at 11:34 A.M. and again at 3:25 P.M.

CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION

ID 23-1177

5.-A.

Government Code Section 54956.9, subdivision (d)(1)

TAT Fresno, LLC v. City of Fresno; Fresno Superior Court Case No.:

22CECG00234

The above item was discussed in closed session. There were no open

session announcements regarding this item.

DISCUSSED

CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION

ID 23-1178

5.-B.

Government Code Section 54956.9, subdivision (d)(1)

HAVEN #20, LLC v. City of Fresno; Fresno Superior Court Case No.:

22CECG00238

The above item was discussed in closed session. There were no open

session announcements regarding this item.

DISCUSSED

CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION

ID 23-1152

5.-C.

Government Code Section 54956.9, subdivision (d)(1)

Case name: 1 Community Compact v. City of Fresno, Fresno Superior

Court Case No. 23CECG02740

The above item was discussed in closed session. There were no open

session announcements regarding this item.

DISCUSSED

CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION

ID 23-1200

5.-D.

Government Code Section 54956.9, subdivision (d)(1)

Ellen Nelson v. City of Fresno, et al.; Fresno Superior Court Case No.:

21CECG02750

The above item was discussed in closed session. There were no open

session announcements regarding this item.

DISCUSSED

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

ID 23-1204

5.-E.

5.-F.

Government Code Section 54956.9, subdivision (d)(2): 1 potential case

The above item was discussed in closed session. There were no open

session announcements regarding this item.

DISCUSSED

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

ID 23-1207

Government Code Section 54956.9, subdivision (d)(4): 1 potential case

The above item was discussed in closed session. There were no open

session announcements regarding this item.

DISCUSSED

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

ID 23-1217

5.-G.

Government Code Section 54956.9, subdivision (d)(4): 1 potential case

The above item was discussed in closed session. Councilmember Bredefeld

and Councilmember Chavez were recused from this item and were not

present during the discussion. There were no open session announcements

regarding this item.

DISCUSSED

CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION

ID 23-1223

5.-H.

Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section

54956.9: 1 potential case

The above item was discussed in closed session. There were no open

session announcements regarding this item.

DISCUSSED

CONFERENCE WITH LEGAL COUNSEL - PUBLIC SECURITY -

ID 23-1182

5.-I.

Government Code Section 54957(a): Discuss security of City Hall.