City of Fresno

2600 Fresno Street

Fresno, CA 93721

www.fresno.gov

Meeting Minutes - Final

Thursday, April 21, 2022

9:00 AM

Regular Meeting

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

City Attorney - Douglas T. Sloan

City Clerk - Todd Stermer, CMC

The City Council for the City of Fresno convened in regular session on April 21, 2022,

at 9:00 A.M.

9:03 A.M. ROLL CALL

Present: 7 -

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

Invocation by Father Alex Gaitan from St Anthony's Church

Senior Pastor Nerses Balabanian of Pilgrim Armenian Congregational

Church performed the invocation in place of Father Gaitan.

Pledge of Allegiance to the Flag

APPROVE AGENDA

The following changes were made to the agenda:

City Clerk Stermer announced a numbering change to the resolution for

Consent Calendar item 1-JJ (ID 22-633) regarding a City of Fresno Tree

Policy. The last two paragraphs of the resolution should be numbered "26"

and "27," not “28” and “29.”

City Clerk Stermer announced the resolution attached to Consent Calendar

item 1-LL (ID 22-613) regarding acquisition of property at 1247 North

Wishon and 777 East Olive Avenue, was subject to Mayoral veto.

CONSENT CALENDAR ITEMS TABLED UNTIL NEXT MEETING

1-P (ID 22-497) regarding Public Safety Radio signal strength improvement

- tabled until April 28, 2022, by staff.

1-V (ID 22-543) regarding a grant application to the California Interagency

Council on Homelessness - tabled until April 28, 2022, by Councilmember

Soria.

CONSENT CALENDAR ITEMS MOVED TO THE CONTESTED CONSENT

CALENDAR FOR FURTHER DISCUSSION

1-S (ID 22-548) regarding homeless services agreements - moved to

Contested Consent by Councilmember Bredefeld.

1-U (ID 22-467) regarding a Bill for introduction relating to At-Risk

Development – moved to Contested Consent by Vice President Maxwell.

1-II (ID 22-612) regarding the Council Communication Policy - moved to

Contested Consent by Councilmember Bredefeld.

1-LL (ID 22-613) regarding acquisition of property at 1247 North Wishon and

777 East Olive Avenue - moved to Contested Consent by Councilmember

Bredefeld.

AGENDA APPROVED AS AMENDED

On motion of Vice President Maxwell, seconded by Councilmember

Soria, the agenda was APPROVED AS AMENDED. The motion carried

by the following vote:

Aye: 7 -

Esparza, Maxwell, Soria, Karbassi, Arias, Chavez and

Bredefeld

CEREMONIAL PRESENTATIONS

Proclamation for “A Day of Remembrance of the Anniversary of the

ID 22-623

Armenian Genocide”

PRESENTED

Proclamation for “National Crime Victims’ Rights Week (April 24th- April

30th, 2022)”

ID 22-509

PRESENTED

Proclamation for “John Walker Day”

ID 22-530

PRESENTED

Proclamation for “Essential Workers Day”

ID 22-604

PRESENTED

Proclamation for “Sexual Assault Awareness Month”

ID 22-618

PRESENTED

COUNCILMEMBER REPORTS AND COMMENTS

Councilmember Soria discussed: homeless encampments and illegal

dumping at 311 W. Shields; requested an update on the crime prevention

grant for at risk youth, and; announced an upcoming block party on Pleasant

Avenue.

Councilmember Karbassi discussed: neighborhood improvements west of

Highway 99; improvements and tree trimming; ongoing street racing issues,

and; concerns over the recent actions of a self proclaimed homeless

advocate at City Hall.

Councilmember Arias discussed: upcoming community meetings

concerning the budget priorities of his constituents; an upcoming tree

planting event at Dickey Park; the need for routine cleanup of wireless

parking meters and routine repair of electric vehicle charging stations; tree

trimming in Tower District; completion of sidewalks near West Fresno

Elementary; receipt of public comment regarding the Tower Theatre item

(1-LL, ID 22-613), and; actions of homeless advocates verbally attacking

social service workers at a cleanup event at Ronquillo Way.

Vice President Maxwell discussed: protected bike lanes and a related

community meeting Vinland Park; recent issues regarding volleyball at

Vinland Park and doing better as a city to make sure no group feels

marginalized, and; an Earth Day tree planting event at Vinland Park.

Council President Esparza discussed: an April 27, 2022, special council

meeting to discuss the Housing Plan; opening day for the Fresno Grizzlies;

the recent City of Fresno Women of the Year event; his meeting with

Jackson neighborhood residents new to District 7; School Area Team work

in the Borrows neighborhood; new District 7 staff member, Diana Gallardo,

and; the acceptance of District 7 staff members Carson Trigueiro and

Navkaran Singh Gurm into law school.

MAYOR/MANAGER REPORTS AND COMMENTS

Mayor Dyer discussed: participation of the Police Department in Operation

No Fly Zone which target gangs; the Great American Cleanup event and

tree planting scheduled for the following Saturday, and; completion of the

Fresno Housing Plan.

City Manger White had no updates for the City Council.

UNSCHEDULED COMMUNICATION

The following members of the public addressed Council: Fernando Paul

Elizondo; Robert McCloskey, and; Dez Martinez.

The following members of the public addressed Council regarding Consent

Calendar item 1-LL (ID 22-613) regarding acquisition of property at 1247

North Wishon and 777 East Olive Avenue: Paula Balekian; Alysia Rodiguez;

Joshua Hawk; Lisa Flores; Laura Splotch; John Brown; Brandi

Nuse-Villegaas; Dr. Caitlyn Nichols; Anoush Ekparian; Jessica Mahony;

Miley Grub; Sanita; Haily White; Miguel Castillo; Micahel S. Reyna; Tyler

Mackey; Pedro Navarro Cruz; Lauren Baker; Joanna moore; Miguel

Gastelum; Melony Lem; Andrea Gillo; Kevin Hall; Jacob Baily; Jose Solorio;

Father Nelson Serrano; Reverend Reagan Baker; Reverend Tim Custmark;

Lethal Garcia; Jeremiah Lee; John Brown; Julie Shows; Carlo Gomez; Bill

Richardson; Anthony Flores; Mike Cook; Deshawn Carrawy; Troy Simeon;

Mandy Flores; Jessica Rivera; David Emersian; Andrea M.; Branch Burgen;

Dennis McCourt; Fred Vanderis; Molly Ann; Sean Burdine; Chris Williams;

Karren Franco; Janet Richardson; Dominic Harwood; Trina Harwood; John

Flores; Phyllis Upton; John Gannopoulos; Ruby Garrison; DJ Aldape;

Armando Armas; Kathy McCoy; Pastor Jim Franklin; Doc Scheison; Cindy;

RIP Hovde, and; Diane Sandoval.

City Council recessed for lunch at 12:48 P.M. and resumed in closed session at 2:03

P.M. Council returned to open session at 3:00 P.M.

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, Soria, Karbassi, Arias, Chavez and

Bredefeld

Approval of the Minutes for the March 24, 2022, Regular City Council

Meeting, the April 7, 2022, Special City Council Meeting, and the April 11,

2022 Special Closed Session City Council Meeting.

1.-A.

ID 22-523

APPROVED ON CONSENT CALENDAR

Cancel Construction Contract between the City of Fresno and Steve Dovali

Construction, Inc., in the amount of $450,260 for construction of well site

improvements at Pump Station 156, located at 4069 West Kadota Avenue

(Bid File 3648) (Council District 2)

1.-B.

1.-C.

ID 22-518

APPROVED ON CONSENT CALENDAR

ID 22-539

Actions pertaining to professional consulting services for Senate Bill 1383

(SB 1383) compliance planning:

1. Affirm City Manager’s determination that Stearns, Conrad, and

Schmidt Consulting Engineers (SCS Engineers, Inc.) is uniquely

qualified

2. Approve the First Amendment to the consultant services agreement

with SCS Engineers, Inc., to expand the scope of services and

increase the original contract amount of $49,600 by $34,940 for a

total amended contract amount of $84,540, for professional

consulting services for SB 1383 compliance planning. (Citywide)

APPROVED ON CONSENT CALENDAR

Approve the First Amendment to the consultant services agreement with

Blair, Church & Flynn Consulting Engineers, Inc., to expand the scope of

services and increase the original contract amount of $220,150 by

$34,400, for a total amended amount of $254,550, for the design of plans

and general construction contract documents for North Avenue 66-inch

Sewer Trunk Main (Council District 3 and County of Fresno).

1.-D.

ID 22-547

APPROVED ON CONSENT CALENDAR

1.-E.

ID 22-557

Actions pertaining to Sewer Rehabilitation in the area bound by

Blackstone, Maroa, McKinley, and Clinton Avenues (Bid File 3836)

(Council Districts 1 and 7):

1. Adopt a finding of Categorical Exemption pursuant to Class 1, Sections

15301(b)&(d) (Existing Facilities) and Class 2, Section 15302(c)

(Replacement or Reconstruction) of the California Environmental

Quality Act Guidelines

2. Award a construction contract, inclusive of the City’s adopted project

labor agreement requirements, to Emmett’s Excavation, Inc., in the

amount of $1,578,078

APPROVED ON CONSENT CALENDAR

1.-F.

ID 22-564

Award

consultant services agreement to Blair, Church and Flynn

Consulting Engineers, Inc., to provide engineering, bidding and

construction support services for the sewer rehabilitation in the area bound

by Shields, Fruit, Dakota and Palm Avenues for an amount not exceed

$251,460, inclusive of a $22,860 contingency (Council District 1)

APPROVED ON CONSENT CALENDAR

1.-G.

ID 22-567

Actions pertaining to the Department of Public Utilities Operations &

Maintenance Facility (Bid File 10082)(Council District 3)

1. Reject

all

proposals

for

the

Building

Renovations,

Site

Improvements, and Master Planning Services for the Department of

Public Utilities Operations & Maintenance Facility.

2. Approve a consultant services agreement with Blair, Church and

Flynn Consulting Engineers Inc., in the amount of $210,860,

inclusive of a $20,000 contingency, for design services.

APPROVED ON CONSENT CALENDAR

Approve

Cooperative Purchase Agreement with TK Elevator

1.-H.

1.-I.

ID 22-568

Corporation, in the amount of $160,258, to modernize the passenger

elevator at the Department of Public Utilities Operations and Maintenance

Facility located at 1625 G Street (Council District 3).

APPROVED ON CONSENT CALENDAR

Reject all bids for a two-year Requirements Contract, with options for three

ID 22-503

one-year extensions for the purchase of Solar Real Time Digital Displays

for bus stops as no responsive bids were received (Bid File 9589)

APPROVED ON CONSENT CALENDAR

Award a professional service contract for physical inventory services to

Bureau Veritas for a sum of $98,080.48 (RFP File 10090)

1.-J.

1.-K.

ID 22-525

APPROVED ON CONSENT CALENDAR

RESOLUTION - Authorizing submission of funding requests to the Low

ID 22-535

Carbon Transit Operations Program for bus service operating support and

maintenance facility improvements, execution of grant award documents if

awarded, and execution of related Certifications & Assurances and

Authorized Agent Forms

RESOLUTION 2022-078 ADOPTED

APPROVED ON CONSENT CALENDAR

Approve the award of a purchase contract to Haaker Equipment Company

1.-L.

ID 22-526

Inc. of La Verne, California for the purchase of one Vactor sewer cleaning

truck in the amount of $579,593 for the Department of Public Works

APPROVED ON CONSENT CALENDAR

Actions related to the award of a consulting services agreement with The

1.-M.

ID 22-544

LeFlore Group, LLC, of Whittier, California, not to exceed the amount of

$269,360

1. Affirm the City Manager’s determination that the LeFlore Group,

LLC is uniquely qualified to provide technical expert services to the

Department of Transportation

2. Approve the Consultant Services Utilizing the California Multiple

Award Schedule (CMAS) to Establish a 3-year Contract with the

LeFlore Group, LLC, Not to Exceed $269,360 to Provide Technical

Expert Services for Federal Transit Administration (FTA) funded

activities

APPROVED ON CONSENT CALENDAR

Approve a one (1) year extension option to the existing agreement with the

County of Fresno for County Aid Dispatch services.

1.-N.

1.-O.

ID 22-529

APPROVED ON CONSENT CALENDAR

Approve Amendment No. 4 to the Rimini Street, Inc. Services

ID 22-522

Agreement decreasing the application support for its PeopleSoft and

Human Capital Management systems fees by $98,166 due to the

implementation of Tyler Munis Financials for an annual total support

fee in FY22 of $344,451.00.

APPROVED ON CONSENT CALENDAR

Actions pertaining to Public Safety Radio signal strength improvement.

1. ***RESOLUTION: Adopt the 57th amendment to the Annual

Appropriation Resolution (AAR) No 2021-178 appropriating

1.-P.

ID 22-497

$250,000 from the Information Services Department (ISD) FY22

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

and

2. Affirm the City Manger’s determination that Crown Castle is uniquely

qualified to perform the services that establish a presence on their

tower; and

3. Authorize the Chief Information Officer (CIO) to enter into an

agreement with Crown Castle in the amount of $232,444 for the

implementation fees for radio equipment to establish a new signal

presence for radio improvement; and

4. Authorize the Chief Information Officer to enter into an agreement

with Crown Castle for monthly rent in the amount of $4,750 per

month to attach radio equipment on the tower.

The above item was moved to the April 28, 2022, City Council agenda by

staff.

TABLED

Actions pertaining to Commercial Cannabis Activity:

ID 22-533

1.-Q.

1. ***BILL- (For introduction) Amending Section 9-3307 of the Fresno

Municipal Code, relating to the location of retail cannabis

businesses (Subject to Mayor’s Veto).

BILL B-6 INTRODUCED AND LAID OVER

APPROVED ON CONSENT CALENDAR

Actions pertaining to the City’s Participation in a Multijurisdictional Housing

1.-R.

ID 22-527

Element Update process:

***RESOLUTION - to Participate in the Fresno County Multijurisdictional

Housing Element Update and Cost Sharing Agreement (Subject to

Mayor’s Veto).

RESOLUTION 2022-079 ADOPTED

APPROVED ON CONSENT CALENDAR

Approve

$110,000 Community Development Block Grant Agreement

1.-T.

ID 22-569

with Habitat for Humanity Fresno County, Inc., for acquisition, closing costs,

and a Fresno Irrigation District Fee related to the new construction of two

affordable single-family houses to be located on the west side of N. Barcus

Avenue between W. Rialto Avenue and W. San Gabriel Avenue in

northwest Fresno (District 1)

APPROVED ON CONSENT CALENDAR

***RESOLUTION

Authorizing

grant application to the California

1.-V.

ID 22-543

Interagency Council on Homelessness (Cal ICH) for funding under the

Family Homelessness Challenge Grant for accelerating efforts by local

jurisdictions and continuums of care to address and end family

homelessness by making families’ experiences of homelessness rare,

brief, and one-time and authorizing the City Manager to sign all required

implementing documents (Subject to Mayor’s Veto)

The above item was moved to the April 28, 2022, City Council agenda by

Councilmember Soria.

TABLED

RESOLUTION - Approving an Amendment to the Five-Year Plan to the

ID 22-572

1.-W.

California Housing and Community Development Department application

for funding from the Permanent Local Housing Allocation (PLHA) for the

development of affordable multifamily and single-family housing, owner

occupied home rehabilitation, and down payment assistance to benefit

low-and moderate-income persons and authorizing the city manager to

sign all necessary implementing documents.

RESOLUTION 2022-080 ADOPTED

APPROVED ON CONSENT CALENDAR

Authorize the Chief of Police to execute an agreement with Benchmark

Analytics in the amount of approximately $386,250, over a 3 year period,

for employee management software.

1.-X.

1.-Y.

ID 22-502

APPROVED ON CONSENT CALENDAR

Award a Requirements Contract for property board up services in the

ID 22-528

amount of $25,650.00 for a three-year contract with an option for two

one-year extensions to Beam and Company, Inc of Fresno CA, Bid File

No. 9610.

APPROVED ON CONSENT CALENDAR

Award a requirements contract to Pavement Coatings Co. in the amount of

1.-Z.

ID 22-204

$4,285,800.00 per year to furnish and install slurry seal on various streets

(Bid File 9622).

APPROVED ON CONSENT CALENDAR

RESOLUTION- Adopting the Travel by Trail, Fresno! Trail Network

Wayfinding, Promotion and Connectivity Plan

1.-AA.

ID 22-446

RESOLUTION 2022-081 ADOPTED

APPROVED ON CONSENT CALENDAR

Approval of an agreement between Integrated Designs by SOMAM, Inc., of

1.-BB.

1.-CC.

ID 22-540

Fresno, CA in the amount of $87,000 plus a contingency of $12,000 for the

design and preparation of construction documents for the Maxie L. Parks

Community Center HVAC Upgrade Project (Council District 3)

APPROVED ON CONSENT CALENDAR

RESOLUTION - Approving the Final Map of Tract No. 6318, Phase 2 of

ID 22-536

Vesting Tentative Tract Map No. 6241, and accepting dedicated public

uses offered therein except for dedications offered subject to City

acceptance of developer installed required improvements - located on the

West side of North Armstrong Avenue, South of East Clinton Avenue

(Council District 7)

RESOLUTION 2022-082 ADOPTED

APPROVED ON CONSENT CALENDAR

***RESOLUTION

Adopting the 59th Amendment to the Annual

1.-DD.

ID 22-537

Appropriation Resolution (AAR) No. 2021-178 to appropriate $115,800 for

the Downtown Fresno Neighborhood Beautification and Cleanup Project

(Council Districts 3 & 7) (Requires 5 Affirmative Votes) (Subject to Mayor’s

Veto).

RESOLUTION 2022-083 ADOPTED

APPROVED ON CONSENT CALENDAR

Actions pertaining to the First Street Cycle Track, Hazelwood Boulevard to

Tulare Street - Bid File 3805 (Council Districts 3, 5, and 7)

1. Adopt finding of Categorical Exemption per staff determination

1.-EE.

ID 22-538

pursuant to Section 15301/Class 1 of the California Environmental

Quality Act (CEQA) Guidelines

2. Award a construction contract in the amount of $899,025 to Bush

Engineering, Inc. of Fresno, California

APPROVED ON CONSENT CALENDAR

***RESOLUTION

Adopt the 16th Amendment to FY 2022 Salary

1.-FF.

ID 22-570

Resolution No. 2021-176, amending Section 9, subsection 1.b; Exhibit 2,

Non-Represented Management and Confidential Classes; Exhibit 3, Unit 3

- Non Supervisory White Collar (FCEA); Exhibit 7, Unit 7 - Non-Supervisory

Groups and Crafts (IBEW); Exhibit 13-1, Unit 13 - Exempt Supervisory and

Professional (CFPEA); and Exhibit 13-2, Unit 13 - Non-Exempt

Professional (Subject to Mayor’s Veto)

RESOLUTION 2022-084 ADOPTED

APPROVED ON CONSENT CALENDAR

Adopt Restatement of the City of Fresno Deferred Compensation Plan

Document

1.-GG.

1.-HH.

ID 22-545

APPROVED ON CONSENT CALENDAR

***BILL No. 4 (Re-intro’d 3/24/2022) (For Adoption) - Amending Section

ID 22-521

12-4.1603 of the Fresno Municipal Code, relating to fee waiver program for

certain residential infill projects (Subject to Mayor’s Veto).

ORDINANCE 2022-005 ADOPTED

APPROVED ON CONSENT CALENDAR

***RESOLUTION - Adopting the City of Fresno Tree Policy (Subject to

Mayor’s Veto)

1.-JJ.

ID 22-633

RESOLUTION 2022-086 ADOPTED

APPROVED ON CONSENT CALENDAR

JOINT MEETING OF THE CITY COUNCIL, THE CITY OF FRESNO IN

ITS CAPACITY AS HOUSING SUCCESSOR TO THE

REDEVELOPMENT AGENCY OF THE CITY OF FRESNO AND THE

FRESNO REVITALIZATION CORPORATION

1.-KK.

ID 22-597

Approve a requirements contract to Fresno County Economic

Opportunities Commission, in an amount not to exceed $89,118.26 per

year for Property Maintenance and Year-Round Weed Control services.

APPROVED ON CONSENT CALENDAR

CONTESTED CONSENT CALENDAR

Actions pertaining to homeless services agreements provided under the

1.-S.

ID 22-548

Homeless Housing, Assistance, and Prevention (HHAP) program:

1. Approve a Third Amendment with Turning Point of California, Inc., to

increase funding by $346,080 for triage center security services at

the Golden State Triage for a total award of $4,858,776.19

2. Approve a Second Amendment with Turning Point of Central California,

Inc., to increase funding by $224,448 for triage center security

services at the Journey Home Triage Center for a total award of

$724,448.

3. Approve an Agreement with Turning Point of Central California, Inc., for

triage center security services at the Step-up Triage Center in the

amount of $224,448.

4. Approve an Agreement with Turning Point of Central California, Inc., for

triage center security services at the Sun Lodge Triage Center in

the amount of $80,640.

There was no staff presentation and no Council discussion on this item.

APPROVED

On motion of Councilmember Bredefeld, seconded by Vice President

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

carried by the following vote:

Aye: 7 -

Esparza, Maxwell, Soria, Karbassi, Arias, Chavez and

Bredefeld

BILL - (For introduction) - Amending Article 22 of Chapter 12 of the Fresno

Municipal Code, relating to At-Risk Development.

1.-U.

ID 22-467

There was no staff presentation on this item. Planning Director Clark and

Building Services Manager Clark responded to questions.

Discussion on this item included: what entails an at risk development;

certificates of occupancy; application to single family homes; the

determination process; comparisons to other cities, and; demolition permits

for historical properties.

BILL B-7 INTRODUCED AND LAID OVER

On motion of Vice President Maxwell, seconded by Councilmember

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

by the following vote:

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

Absent: 1 - Soria

Resolution amending the Council Communication Policy.

ID 22-612

1.-II.

There was no staff presentation on the item. Councilmember Chavez and

City Attorney Sloan responded questions.

Discussion included: when Councilmembers would be informed of requests

for public documents made to the City Attorney's Office; unintended

consequence of the resolution; limiting the ability of Councilmembers to

verify facts; the distinction between an investigation and producing

documents, and; the background behind the Council Communication Policy.

Council President Esparza and Councilmember Karbassi requested a

friendly amendment that the matter be only effective for 90 days unless

renewed by the Council. Councilmember Chavez agreed to the friendly

amendment.

Councilmember Chavez motioned to approve the item with the friendly

amendment and with language to limit dispersal of requested documents to

other Councilmembers to times when, in the judgment of the City Attorney,

the documents concern or affect other Councilmembers. Councilmember

Arias seconded the motion.

RESOLUTION 2022-085 ADOPTED AS AMENDED

On motion of Councilmember Chavez, seconded by Councilmember

Arias, that the above Action Item be ADOPTED AS AMENDED. The

motion carried by the following vote:

Aye: 7 -

Esparza, Maxwell, Soria, Karbassi, Arias, Chavez and

Bredefeld

Actions Pertaining to the Acquisition of property at 1247 North Wishon

(APN 451-265-02) and 777 East Olive Avenue (APN 451-265-03)

1. Adopt a finding of Categorical Exemption pursuant to Section

15301/Class 1 (Existing Facilities) of the California Environmental

Quality Act (CEQA) guidelines for the project.

1.-LL.

ID 22-613

2. Approve a Resolution Establishing a Policy for the Preservation and

Use of the Tower Theatre Property and Authorizing Purchase of the

Tower Theatre Property.

3. Approve a Joint Litigation, Defense, and Indemnity Agreement by

and between the City of Fresno, the Tower Theatre Entities and

Sequoia Brewery

4. Approve

Purchase and Sale Agreement and Joint Escrow

Instructions by and between City of Fresno, Tower Theater

Productions, Fidelity National Title Insurance Company, and Tower

Theatre Productions for the Performing Arts for real property at

1247 North Wishon (APN 451-265-02) and 777 East Olive Avenue

(APN 451-265-03) for $6,500,000.

5. Approve

Purchase and Sale Agreement and Joint Escrow

Instructions by and between City of Fresno and J&A Mash & Barrell,

LLC., and Fidelity National Title Insurance Company for a portion of

the real property at 777 East Olive Avenue (APN 451-265-03) for

$1,200,000.

There was no staff presentation by staff. City Attorney Sloan responded to

questions.

Discussion on this item included: Measure P investments in parks; home

values; diversity; improvements in the Tower District; mediation and the

people involved; Adventure Church actions to purchase Tower Theatre; past

communication with Councilmembers about Tower Theatre; the possibility

of issuing a subpoena for Lawrence Abbate; zoning; financing details;

indemnification and potential costs of future actions; General Fund dollars,

and; the interest rate for Sequoia Brewery.

Councilmember Karbassi made a procedural motion to subpoena Lawrence

Abbate to appear before Council to answer questions. Councilmember

Bredefeld seconded the motion which FAILED 3-3 as follows:

Aye: 3 - Karbassi, Chavez, Bredefeld

No: 3 - Arias, Maxwell, Esparza

Abstain: 1 - Soria

Councilmember Karbassi made a procedural motion to vote separately on

part three of this item concerning the Joint Litigation Defense and Indemnity

Agreement. Councilmember Bredefeld seconded the motion which FAILED

3-4 as follows:

Aye: 3 - Karbassi, Chavez, Bredefeld

No: 3 - Soria, Arias, Maxwell, Esparza

RESOLUTION 2022-087 ADOPTED

On motion of Councilmember Soria, seconded by Councilmember

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

the following vote:

Aye: 4 - Esparza, Maxwell, Soria and Arias

No: 3 - Karbassi, Chavez and Bredefeld

2. SCHEDULED COUNCIL HEARINGS AND MATTERS

10:00 A.M.

HEARING to adopt resolutions and ordinance to annex territory

and levy special tax regarding CITY OF FRESNO

ID 22-541

COMMUNITY FACILITIES DISTRICT NO. 9, Annexation No. 55

(Assessor’s Parcel Number 330-021-40) (Northpointe Drive

south of Fortune Ave) (Council District 3)

1. ***RESOLUTION

to Annex Territory to Community

Facilities District No. 9 and Authorizing the Levy of a

Special Tax for Annexation No. 55 (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 2021-2022 and Future Tax

Years Within and Relating to Community Facilities District

No. 9, Annexation No. 55 (Subject to Mayor’s Veto)

The above hearing was called to order at 5:27 P.M. There was no staff

presentation and no Council discussion on this item. Upon call, there was

no public comment. The public comment period was closed at 5:27 P.M.

RESOLUTION 2022-088 ADOPTED

RESOLUTION 2022-089 ADOPTED

RESOLUTION 2022-090 ADOPTED

BILL B-8 AND ORDINANCE 2022-006 ADOPTED

On motion of Councilmember Arias, seconded by Council President

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

by the following vote:

Aye: 7 -

Esparza, Maxwell, Soria, Karbassi, Arias, Chavez and

Bredefeld

10:05 A.M.

HEARING to consider the vacation of the most northerly corner cut-off of M

street and Inyo Street (Council District 3)

ID 22-542

1. ***RESOLUTION - Ordering the vacation of the most northerly corner

cut-off of M Street and Inyo Street (Subject to Mayor’s Veto)

The above hearing was called to order at 5:28 P.M. There was no staff

presentation on this item. Upon call, there was no public comment. The

public comment period closed at 5:28 P.M. Assistant City Manager Barfield

responded to questions.

Discussion on this item included: initiation of construction; construction

zone; and staging of construction equipment.

RESOLUTION 2022-091 ADOPTED

On motion of Councilmember Arias, seconded by Vice President

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

by the following vote:

Aye: 7 -

Esparza, Maxwell, Soria, Karbassi, Arias, Chavez and

Bredefeld

3. GENERAL ADMINISTRATION

WORKSHOP- Presentation of the Annual Report of the Downtown Fresno

Partnership

3.-A.

ID 22-464

City Manager White announced this item would be tabled to the next

meeting as staff was no longer available for the presentation.

TABLED

WORKSHOP - Animal Center Presentation

ID 22-584

3.-B.

The above workshop was presented by Deputy City Manager Torres. City

Manager White and Dr. Karsten of the UC Davis Shelter Medicine Program

also addressed Council.

Discussion on this item included: cost of diversion; accountability; the costs

of housing animals; community engagement and education in multiple

languages; public awareness campaigns; expectations of the public;

tracking owners; euthanasia rates; community feedback and participation;

an October update, and; the Spay and Neuter program.

PRESENTED

Actions pertaining to COVID-19 emergency:

1. WORKSHOP Discussion of Emergency Order (EO) 2021-02

3.-C.

ID 22-601

(Modified COVID-19 Emergency Order); EO 2020-09 (Employee

COVID-19 Self-Screening); EO 2020-10 (Employee Leave Pay);

EO 2020-15 (Telework by City Employees)

The above workshop was presented by Assistant City Manager Barfield.

City Manager White also addressed Council.

Discussion on this item included: Council’s rights during an emergency;

eviction moratorium 90 day grace period for commercial tenants; allocation

of funding for commercial rental assistance; potential responses to a future

surge, and; updated Administrative Orders to respond to future

emergencies.

PRESENTED

4. CITY COUNCIL

5. CLOSED SESSION

Upon call, there was no public comment for Closed Session items.

During open session, City Attorney Sloan announced each of the Closed

Session items listed on the agenda and stated there would be nothing to

announced following Closed Session.

Council withdrew from Open Session to hear Closed Session items at the

following times: 2:03 P.M. and 6:18 P.M.

5.-A.

5.-B.

ID 22-559

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.

DISCUSSED

ID 22-560

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.

DISCUSSED

5.-C.

ID 22-578

CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION

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

City of Fresno v. Bassam Mohammad Khai Ali Hamad, Fresno Superior

Court Case No. 21CECG02487

DISCUSSED

5.-D.

ID 22-620

CONFERENCE WITH LABOR NEGOTIATORS - Government Code

Section 54957.6

City Negotiator: 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);

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).

DISCUSSED

PUBLIC EMPLOYEE PERFORMANCE EVALUATION

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

employment, evaluation of

5.-E.

ID 22-631

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

DISCUSSED

ADJOURNMENT

Adjourned from Closed Session at 6:31 P.M.