2600 Fresno Street

Fresno, CA 93721

www.fresno.gov

City of Fresno

Meeting Minutes - Final

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, September 14, 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.

9:06 A.M. ROLL CALL

Present: 6 -

Councilmember Nelson Esparza

Council President Tyler Maxwell

Vice President Annalisa Perea

Councilmember Mike Karbassi

Councilmember Luis Chavez

Councilmember Garry Bredefeld

Absent: 1 - Councilmember Miguel Angel Arias

Invocation by Pastor Franklin from Cornerstone Church

Pastor Franklin gave the invocation.

Pledge of Allegiance to the Flag

Councilmember Bredefeld led the Pledge of Allegiance.

APPROVE AGENDA

Council President Maxwell made a request that all signs in the council

chamber be careful of obstructing public view.

City Clerk Stermer announced the following changes to the agenda:

Ceremonial Presentation (ID 23-1294) regarding proclamation for “Hispanic

Heritage Month” – Mayor Dyer was added as a co-sponsor.

Ceremonial Presentation (ID 23-1213) regarding proclamation for "Captain

Anthony Martinez Day" - Vice President Perea was added as a co-sponsor.

Consent Calendar item 1-B (ID 23-1327) regarding acceptance of 2022 Fire

Prevention & Safety (FP&S) Grant Award – The dollar amount listed for this

item is incorrect. The 2022 Fire Prevention & Safety (FP&S) Grant Award is

in the amount of $89,257.46, not $98,659.23.

Consent Calendar item 1-P (ID 23-1298) regarding the summary vacation of

a portion of a public street easement at the southeast corner of East Shaw

Avenue and North Fresno Street – the resolution is not subject to veto.

Consent Calendar item 1-T (ID 23-1296) regarding the Infectious Disease

Lab Accountability and Transparency Ordinance adding Section 9-110 to

Chapter 9 of the Fresno Municipal Code - the agenda title incorrectly lists

the introduction date as September 14, 2023. The record should reflect the

introduction date as August 24, 2023, and was also removed from the

agenda by Councilmember Bredefeld and tabled to an unknown date.

Consent Calendar item 1-U (ID 23-1285) related to human rights, including

protections against discrimination based on an individual's caste and

indigeneity - was removed from the agenda by Vice President Perea and

tabled to no return date.

Scheduled Hearing and Matters 10:25 A.M. #1 (ID 23-1276) regarding

consideration of an appeal filed regarding Vesting Tentative Tract Map No.

6366, Planned Development Permit Application No. P22-04877, and related

Environmental Assessment No. T-6366/P22-04877 for approximately 7.94

acres of property located on the west side of North Bliss Avenue between

East Shields and East Princeton Avenues - was removed from the agenda

by the Applicant and tabled to September 28, 2023.

General Administration item 3-B (ID 23-1153) regarding the creation of the

Animal Center Department within the City of Fresno - the resolution refers to

creating the Animal Services Department, it should read "creating the

Animal Center Department."

ITEMS MOVED TO CONTESTED CONSENT FOR FURTHER

DISCUSSION:

1-K (ID 23-1288) regarding homeless street outreach, assessment and

mobile shower operations agreements proved under the Homeless Housing,

Assistance, and Prevention (HHAP) program - was moved to Contested

Consent by Councilmember Esparza.

On motion of Vice President Perea, seconded by Councilmember

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

carried by the following vote

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

Absent: 1 - Arias

CEREMONIAL PRESENTATIONS

Proclamation for “National Voter Registration Day”

Proclamation “Valley Animal Center’s Dr. James W. Thornton Dog Park”

Proclamation “Captain Anthony Martinez Day”

ID 23-1293

PRESENTED

ID 23-1324

PRESENTED

ID 23-1213

PRESENTED

Proclamation for “Hispanic Heritage Month”

ID 23-1294

PRESENTED

COUNCILMEMBER REPORTS AND COMMENTS

Councilmember Karbassi Reports and Comments: Acknowledged his

Council colleagues for supporting Captain Anthony Martinez during his

proclamation presentation. Attended the Fresno Police Department's Officer

and staff swearing-in ceremony. Acknowledged the Public Works

Department for all the hard work on redesigning the overlooked off Milburn

and Herndon where the community can begin enjoying the San Joaquin

River. Recognized Fresno Unified and Fresno Trustee Wittrup for the invite

to participate in the Fresno Unified School District Community Health and

Literacy Event at Tenaya Middle School. Acknowledged Boy Scout Troop

199 and attended the merit badge ceremony. Announced Friday evening is

the start of Rosh Hashanah and wishes a Happy Jewish New Year.

Councilmember Chavez Reports and Comments: Wished the Jewish

community a happy Rosh Hashanah and a happy and prosperous New Year.

Attended a neighborhood watch community meeting on Huntington and

Tenth and acknowledged Fresno Police Officers and School Resource

Officers for attending to discuss issues in the neighborhood. Announced the

completion of the Calwa sidewalk and recognized staff for their hard work on

the project and their efforts in making it ADA-accessible.

Councilmember Esparza Reports and Comments: Attended the Fresno

Police Department's Officer and staff swearing-in ceremony. Attended the

neighborhood meeting off Armstrong and Shields to discuss infrastructure

issues. Announced and invited the community to the upcoming Greek Fest

at Saint George Greek Orthodox Church starting Friday, September 15,

2023.

Vice President Perea Reports and Comments: Attended the Proteus

Farmworker Appreciation lunch and honored a farmer worker and an

organization. Attended the Central Unified and Central Foundation Grand

opening of the new food pantry at Teague Elementary School.

Acknowledged the PARCs staff for holding another District 1 Senior meeting

to discuss the new Senior Center. Held a press conference with District 3 to

discuss the Tower District's recent accomplishments, from façade programs

to the new pressure washing team. Acknowledged the recent Labor Day

weekend kick-off with the Iron Workers alleyway cleanup in District 1.

Toured the American Ambulance Dispatch Center. Attended the recent

Senior Townhall meeting at the West Lake Mobile Home Park and

acknowledged staff for attending and providing information to the

community.

Council President Maxwell Reports and Comments: Attended the Fresno

State Bulldog Football game and presented a proclamation to the Fresno

State Marching Band. Attended the Hyatt House Groundbreaking at Campus

Point. Acknowledged and honored a small business in District 4, Café Leon

Mexican Restaurant off North Blackstone. Announced District 1 and District

4's new launch of the Business Façade program, where businesses in the

Tower District and Airport District will be eligible for grants from $25,000 to

$50,000 to improve the façade of their business. If interested, visit

FresnoAHF.org, the Fresno Area Hispanic Foundation. Welcomed new

intern for District 4, Marco Flores, a Maddy Intern.

MAYOR/MANAGER REPORTS AND COMMENTS

Mayor Dyer Reports and Comments: Attended the September 11th

ceremony and acknowledged survivor Will Jimeno. Hosted a roundtable to

combat hate with Attorney General Bonta. Announced upcoming “World

Cleanup Day,” Saturday, September 16, 2023, at JSK Park, Hidalgo

Neighborhood, and Southeast Fresno. If interested in participating register

at www.beautifyfresno.org.

City Manager White Reports and Comments: Provided the Council with an

update on processing of delinquent utility accounts and sent out a tray

memo on the traffic assessment in response to the recent resolution passed.

Announced and invited the community to attend the Greek Fest this coming

weekend.

CITY CLERK AND CITY ATTORNEY REPORTS AND COMMENTS

City Clerk Stermer Reports and Comments: Announced the voter

registration for the March 5, 2023, election deadline is February 20, 2024.

UNSCHEDULED COMMUNICATION

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

Blanchard, Ed Mason (1-L), Steve Diddy, Brixton Layne, Fernando Elizando,

David Willis, Leticia Luquia, Arnold Minor, Cindy Pimbino, Lisa Flores, Dez

Martinez, Brandi Nuse-Villegas (1-I and 1-K), Melanie Lamp, Lethal Garcia,

and Robert McCloskey.

Public Comment Packet Emails

ID 23-1420

1. CONSENT CALENDAR

APPROVAL OF THE CONSENT CALENDAR

On motion of Councilmember Karbassi, seconded by Councilmember

Chavez, the CONSENT CALENDAR was hereby adopted by the

following vote:

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

Absent: 1 - Arias

Approval of Minutes for August 24, 2023, Regular Meeting.

1.-A.

1.-B.

ID 23-1321

APPROVED ON CONSENT CALENDAR

Approve acceptance of 2022 Fire Prevention & Safety (FP&S) Grant

ID 23-1327

Award in the amount of $98,653, requiring a City match of $4,697.77.

1. ***RESOLUTION - Authorizing the acceptance of the 2022 Fire

Prevention

Safety (FP&S) Grant and authorizing the

completion and submission of all required documents (Subject

to Mayor’s veto).

A correction was read into the record - The dollar amount listed for this item

is incorrect. The 2022 Fire Prevention & Safety (FP&S) Grant Award is in

the amount of $89,257.46, not $98,659.23.

RESOLUTION 2023-241 ADOPTED

APPROVED ON CONSENT CALENDAR

Actions pertaining to the award of five Requirements Contracts for

ID 23-1306

1.-C.

equipment and vehicle rentals for various departments on an as needed

basis in the total aggregate amount of $1,250,000 per year plus annual CPI

increases to (Bid File 9673):

Enterprise Fleet Management of Fresno, California through

April 18, 2026, with one optional one-year extension

2. Caterpillar, Inc. of Fresno, California through August 27, 2024, with

one optional one-year extension

3. Altec Inc. dba Global Rental Inc. of Bakersfield, California through

August 27, 2024, with one optional one-year extension

4. Sunbelt Rentals Inc. of Fowler, California through August 27, 2024,

with one optional one-year extension

5. United Rentals (North America) Inc. of Fresno, California through

August 27, 2024, with one optional one-year extension

APPROVED ON CONSENT CALENDAR

Actions pertaining to the award of six Requirements Contracts for the

purchase of aftermarket vehicle parts and supplies in the total aggregate

amount of $1,000,000 per year plus annual CPI increases to (Bid Files

9671 & 9672):

1.-D.

ID 23-1307

Genuine Parts Company dba NAPA Auto Parts, of Fresno,

through May 19, 2025, with one optional one-year extension

2. Jasper Holdings, Inc., of Visalia, California through May 19, 2025,

with one optional one-year extension

3. O’Reilly Auto Enterprises dba O’Reilly Auto Parts, of Fresno,

California through May 19, 2025, with one optional one-year

extension

4. Elliott Auto Supply Co. Inc. dba Factory Motor Parts, of Fresno,

California through December 14, 2024, with one optional one-year

extension

5. Ford Motor Company, of Fresno, California through December 14,

2024, with one optional one-year extension

6. General Motors LLC, of Fresno, California through December 14,

2024, with one optional one-year extension

APPROVED ON CONSENT CALENDAR

Approve the award of a Requirements Contract to E.J. Ward, Inc., of San

Antonio, Texas for one year with one optional one-year extension for the

purchase of vehicle fueling and monitoring equipment, in the amount of

$200,000 per year plus annual CPI increases. (Bid File 9674)

1.-E.

1.-F.

1.-G.

1.-H.

ID 23-1312

APPROVED ON CONSENT CALENDAR

Award a requirements contract for street sweeper brooms and brushes to

ID 23-1313

United Rotary Brush Corporation of Lenexa, Kansas, for four years, with

three one-year optional extensions, for a total seven-year contract amount

of $2,262,817 plus annual CPI adjustments (Bid File 12302516)

APPROVED ON CONSENT CALENDAR

Approve the award of a purchase contract to Elk Grove Dodge of Elk

ID 23-1314

Grove, California, for the purchase of 78 Dodge Durango marked patrol

vehicles in the amount of $3,676,998 for the Police Department and

Airports Department (Bid File 12400501)

APPROVED ON CONSENT CALENDAR

Approve the award of a purchase contract to Swanson Fahrney Ford, of

ID 23-1322

Selma, California, for the purchase of 56 Ford F-150 trucks for Department

of Public Utilities, Department of Public Works, Airports Department, Fire

Department, Police Department, PARCS Department, General Services

Department, and Animal Center in the amount of $2,388,274 (Bid File

12400368)

APPROVED ON CONSENT CALENDAR

Actions pertaining to acceptance of grant funding from the Fresno-Madera

1.-I.

ID 23-1315

Area Agency on Aging (FMAAA) (Districts 1, 2, 3, 5, and 7):

1. ***RESOLUTION - Approving a one-year agreement between

the City of Fresno (City) and FMAAA in the amount of $124,000

for the Senior Hot Meals Program at six community centers and

authorizing the City Manager or designee to execute the

agreement and all related documents with FMAAA (Subject to

Mayor’s Veto)

2. *** RESOLUTION - Adopting the 12th Amendment to the Annual

Appropriation Resolution No. 2023-185 to allocate $124,000 for

the Fresno-Madera Area Agency On Aging Agreement in the

PARCS Department for Senior Hot Meals Programming.

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

RESOLUTION 2023-242 ADOPTED

RESOLUTION 2023-243 ADOPTED

APPROVED ON CONSENT CALENDAR

***RESOLUTION - Adopt the Second Amendment to Fiscal Year 2024

1.-J.

ID 23-1326

Salary Resolution No. 2023-183, amending Exhibit 3, Unit 3,

Non-Supervisory White Collar (FCEA), to adjust the A Step of the

Emergency Services Dispatcher II classification from $5,405 to $5,410

monthly and amending Exhibit 13-1, Unit 13, Exempt Supervisory and

Professional (CFPEA) by increasing the Chief Surveyor monthly salary

step plan range from $9,861 - $11,966 to $11,353 - $13,800 (Subject to

Mayor’s Veto)

RESOLUTION 2023-244 ADOPTED

APPROVED ON CONSENT CALENDAR

***BILL B-31 (Intro’d August 24, 2023) (For Adoption) -Amending Article

1.-L.

ID 23-1297

17, Chapter 9, Sections 9-1702 9-1704, 9-1706, 9-1707, 9-1708, 9-1709,

9-1711, 9-1712 and 9-1713 of the Fresno Municipal Code as it relates to

police department dispatching of tow trucks. (Subject to Mayor’s Veto)

ORDINANCE 2023-030 ADOPTED

APPROVED ON CONSENT CALENDAR

***RESOLUTION

Authorizing the submittal of application(s) for all

1.-M.

1.-N.

ID 23-1310

CalRecycle grants and payment programs for which the City of Fresno is

eligible (Citywide). (Subject to Mayor’s Veto)

RESOLUTION 2023-240 ADOPTED

APPROVED ON CONSENT CALENDAR

Actions pertaining to the Requirements Contract to Furnish and Install

ID 23-1287

Permanent Asphalt Concrete Pavement Repairs.

(Citywide):

(Bid File 12302384)

Adopt a finding of Categorical Exemption per staff determination

pursuant to the California Environmental Quality Act (CEQA)

Guidelines Sections 15301(b) and (d), Class 1 (Existing Facilities)

and 15302(c), Class 2 (Replacement and Reconstruction)

2. ***RESOLUTION

Appropriation

Adopting the 9th Amendment to the Annual

Resolution (AAR) No. 2023-185 appropriating

$960,000 for the Requirements Contract to Furnish and Install

Permanent Asphalt Concrete Pavement Repairs (Requires

Affirmative Votes) (Subject to Mayor’s Veto).

Award a construction contract to Dawson-Mauldin LLC., in the

amount of $1,537,300.

RESOLUTION 2023-245 ADOPTED

APPROVED ON CONSENT CALENDAR

Approve a consultant services agreement with Southwest Strategies, LLC,

1.-O.

1.-P.

ID 23-1154

for an amount not to exceed $299,744 for professional education and

outreach services for City of Fresno residential food waste education and

outreach program (Bid File 12301817) (Citywide)

APPROVED ON CONSENT CALENDAR

Actions pertaining to the summary vacation of a portion of a public street

ID 23-1298

easement at the southeast corner of East Shaw Avenue and North Fresno

Street (Council District 4):

1. Adopt

finding of Categorical Exemption per Environmental

Assessment Number D-17-120 per staff determination, pursuant to

Section 15332 Class 32 of the California Environmental Quality Act

(CEQA) Guidelines

2. ***RESOLUTION - Ordering the summary vacation of a portion of a

public street easement at the southeast corner of East Shaw

Avenue and North Fresno Street

A correction was read into the record - the resolution is not subject to veto.

RESOLUTION 2023-246 ADOPTED

APPROVED ON CONSENT CALENDAR

Approve a Third Amendment to the Consultant Service Agreement with

ID 23-1302

1.-Q.

1.-R.

SWCA Environmental Consultants, of San Luis Obispo, California in the

amount of $18,426 to provide additional environmental and technical

memoranda services for the Ashlan Avenue Widening Project, for a total

contract value of $87,334 (Council District 1)

APPROVED ON CONSENT CALENDAR

Actions pertaining to the New Fire Station 10 Project (Council District 7):

ID 23-1337

1. ***RESOLUTION - Adopting the 14th Amendment of the Annual

Appropriation

Resolution

(AAR)

No.

2023-185

appropriating

$756,700 in order to enter into a professional engineering services

agreement with The Taylor Group Architects for design and

construction services for permanent Fire Station 10 and to fund

related City staff costs (Requires 5 Affirmative Votes) (Subject to

Mayor’s Veto)

2. Approve an agreement for Professional Engineering Services with

The Taylor Group Architects of Clovis, CA for $865,000, with a

$80,000 contingency, for design and construction support services

for the new Fire Station 10

RESOLUTION 2023-247 ADOPTED

APPROVED ON CONSENT CALENDAR

Approval of a Product Purchase Utilizing a Washington Statewide Contract

with Gillig LLC. for Twelve (12) 40’ Low Floor CNG buses in the amount of

$11,020,284.

1.-S.

1.-T.

ID 23-1304

APPROVED ON CONSENT CALENDAR

***BILL B-32 (Intro’d September 14, 2023) (For Adoption) Adding Section

ID 23-1296

9-110 to Chapter 9 of the Fresno Municipal Code, Adding the Infectious

Disease Lab Accountability and Transparency Ordinance. (Subject to

Mayor’s Veto)

The above item was removed from the agenda by Councilmember Bredefeld

and tabled to no return date.

TABLED

***Bill B-27 (Intro’d August 10, 2023) (For adoption) - Amending Sections

ID 23-1285

1.-U.

3-616, 7-1510, 9-234 and 9-915 of the Fresno Municipal Code, relating to

human rights, including protections against discrimination based on an

individual’s caste and indigeneity (Subject to Mayor’s Veto)

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

tabled to no return date.

TABLED

CONTESTED CONSENT CALENDAR

Actions pertaining to homeless street outreach, assessment and mobile

1.-K.

ID 23-1288

shower operations agreements provided under the Homeless Housing,

Assistance, and Prevention (HHAP) program (Bid File 12302683):

1. Approve an Agreement for one-year with one optional one-year

extension with Poverello House to conduct homeless street outreach

and assessment in the annual amount of $379,738.00.

2. Approve an Agreement for one-year with one optional one-year

extension with Gracebound to operate mobile shower trailers in the

annual amount of $300,000.00.

Councilmember Esparza pulled this item to Contested Consent to discuss

the locations and the matrix of the mobile showers. After discussion, it was

requested the item be continued to September 28, 2023.

CONTINUED

On motion of Councilmember Esparza, seconded by Councilmember

Chavez, that the above Action Item be CONTINUED TO SEPTEMBER

28, 2023. The motion carried by the following vote:

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

Absent: 1 - Arias

2. SCHEDULED COUNCIL HEARINGS AND MATTERS

10:05 A.M.

Actions pertaining to funding provided by the U.S. Department of Housing

and Community Development Office of Community Planning and

Development (HUD CPD):

ID 23-1246

1. HEARING to obtain public comments regarding Substantial

Amendment 2023-01 to the 2023-2024 Annual Action Plan and

submission of a $20 million Section 108 Loan Application to the

United States Department of Housing and Urban Development

(HUD) for the development of a Senior Activity Center, located at

4343 North Blackstone Avenue

2. ***RESOLUTION - Adopting Substantial Amendment 2023-01 to the

Fiscal Year (FY) 2023-2024 Annual Action Plan; authorizing

submission to the U.S. Department of Housing and Urban

Development (HUD) to apply for a $20 million Section 108 Loan for

the development of a Senior Activity Center; and authorizing the City

Manager or designee to sign all necessary implementing

documents required by HUD (Subject to Mayor’s veto)

The above hearing was called to order at 10:45 A.M. Upon call, the

following members of the public addressed Council: Brandi Nuse-Villegas,

Dez Martinez, Robert McCloskey, and Erlinda T. The public comment period

closed at 10:56 A.M. There was no staff presentation and no council

discussion on this item.

RESOLUTION 2023-239 ADOPTED

On motion of Council President Maxwell, seconded by

Councilmember Esparza, that the above Action Item be ADOPTED.

The motion carried by the following vote:

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

Absent: 1 - Arias

10:10 A.M.

Actions pertaining to the Program Year (PY) 2022 Consolidated Annual

Performance Evaluation Report (CAPER) for U.S. Department of Housing

ID 23-1247

and Urban Development (HUD) Community Planning and Development

(CPD) programs:

1. HEARING to obtain public comments regarding the PY 2022 CAPER;

and

2. Adopt PY 2022 CAPER and authorize submission to the U.S.

Department of Housing and Urban Development (HUD).

The above hearing was called to order at 10:57 A.M. Upon call, there was

no staff presentation, no public comment, and no council discussion.

APPROVED

On motion of Council President Maxwell, seconded by

Councilmember Esparza, that the above Action Item be APPROVED.

The motion carried by the following vote:

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

Absent: 1 - Arias

10:25 A.M. #1

Consideration of an appeal filed regarding Vesting Tentative Tract Map

No. 6366, Planned Development Permit Application No. P22-04877, and

ID 23-1276

Environmental

Assessment

No.

T-6366/P22-04877

for

approximately 7.94 acres of property located on the west side of North

Bliss Avenue between East Shields and East Princeton Avenues (Council

District 7).

1. ADOPT Environmental Assessment No. T-6366/P22-04877 dated

July 12, 2023, an Addendum to Environmental Assessment No. P22

-01202, in accordance with Section 15164 of the California

Environmental Quality Act (CEQA) Guidelines.

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

Commission in the approval of Vesting Tentative Tract Map No.

6366 proposing to subdivide approximately 7.94 acres of the

subject property into a 71-lot single-family residential development

subject to the following:

a. Development shall take place in accordance with the

Conditions of Approval for Vesting Tentative Tract Map No.

6366 dated August 2, 2023.

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

Commission in the approval of Planned Development Permit

Application No. P22-04877 proposing to modify the RS-5

(Single-Family

Residential,

Medium

Density)

zone

district

development standards to allow for a reduction in the garage

setback, rear yard setback, garage to façade setback, minimum lot

size, minimum lot depth, an increase in maximum lot coverage, and

gated private streets subject to the following:

a. Development shall take place in accordance with the

Conditions of Approval for Planned Development Permit

Application No. P22-04877 dated August 2, 2023.

The above item was removed from the agenda by the applicant and tabled

to September 28, 2023.

TABLED

10:25 A.M. #2

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 23-1271

The above hearing was called to order at 10:57 A.M. and presented to

Council by Planning and Development Director Clark. Upon call, the

following member of the public addressed Council: David Marshall.

RESOLUTION 2023-248 ADOPTED

On motion of Councilmember Chavez, seconded by Councilmember

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

by the following vote:

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

Absent: 1 - Arias

3. GENERAL ADMINISTRATION

Actions related to the Second Amendment to Commercial Solid Waste

Franchise Agreements with Allied Waste Services of North America dba

Republic Services of Fresno, LLC, and Mid-Valley Disposal, LLC, to

comply with Senate Bill 1383 Short-Lived Climate Pollutants (Citywide)

1. RESOLUTION - Adopting findings pursuant to California Environmental

Quality Act Guidelines Sections 15091 and 15093 as required for

Responsible Agencies by the California Environmental Quality Act

Guidelines Section 15096 for SB 1383 Regulations Short-Lived

Climate Pollutants: Organic Waste Methane Emission Reduction

3.-A.

ID 23-1309

2. Approve the Second Amendment to the Commercial Solid Waste

Franchise Agreement with Allied Waste Services of North America

dba Republic Services of Fresno, LLC, to add Organic Waste

Reductions requirements and to extend the term of the agreement by

five years to November 30, 2036

3. Approve the Second Amendment to the Commercial Solid Waste

Franchise Agreement with Mid-Valley Disposal, LLC, to add Organic

Waste Reductions requirements and to extend the term of the

agreement by five years to November 30, 2036

The above item was presented to Council by Public Utilities Assistant

Director Alkhayyat, Mid-Valley Representative Joseph Kalpakoff, and

Republic Services Representative Alex Cox. Upon call, there was no public

comment.

Council discussion on this item included: questions related to waste

management and Senate Bill (SB) 1383; business fees and waivers; bulk

items as it relates to handling and illegal dumping; service request in

multi-family residential areas; waiver criteria and uniformity; outreach and

communication plans as it relates to SB 1383 implementation; addressing

health hazards related to trash bins and illegal dumping; incorporating

provisions in agreement to manage waste; vendor performance and

contingency plans if vendors are unable to perform; cancellation of contract

should poor performance occur; support for small businesses during the

transition and providing outreach, and proactive engagement and

negotiations between the City Manager and vendors to prevent issue

escalation.

RESOLUTION 2023-249 ADOPTED

On motion of Vice President Perea, seconded by Councilmember

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

by the following vote:

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

Absent: 1 - Arias

Actions pertaining to the creation of the Animal Center Department within

ID 23-1153

3.-B.

the City of Fresno

1. ***RESOLUTON - Creating the Animal Center Department within

the City of Fresno (Subject to Mayor's Veto)

2. ***RESOLUTION - Adopting the 8th Amendment to the Annual

Appropriations Resolution (AAR) No. 2023-185 reclassifying

$6,741,400 from the General City Purpose Department to the new

Animal Center Department (Requires 5 Affirmative Votes) (Subject

to Mayor's Veto)

3. ***RESOLUTION - Adopt the Second Amendment to the Position

Authorization Resolution (PAR) No. 2023-184 adding 75 positions

and transferring 2 positions from the General City Purpose

Department to the Animal Center Department (Subject to Mayor's

Veto)

4. ***RESOLUTION - Adopt the Third Amendment to the FY 2024

Salary Resolution No. 2023-183, amending Exhibit 3, Unit 3,

Non-Supervisory White Collar (FCEA), by adding the new

classification of Animal Resource Officer I, Animal Resource Officer

II and Senior Animal Resource Officer and providing a monthly

salary step plan range. (Subject to Mayor's Veto).

A correction was read into the record - the resolution refers to creating the

Animal Services Department, it should read "creating the Animal Center

Department."

The above item was presented to Council by Deputy City Manager Torres.

Upon call, there was no public comment.

Council discussion on this item included: Council acknowledged and gave

appreciation for the efforts of the team behind creating the Animal Center;

the transition and hiring plans for the Animal Center including the transfer of

positions and the hiring of new employees; on-site Veterinarian services

and the need for more than one Veterinarian; the timeline and milestones

for getting the department up and running effectively; the issues related to

irresponsible pet ownership, including illegal breeding, and whether there

are penalties for such activities; how many people in Fresno register their

dogs and the request for data on dog licenses issued in recent years; the

sustainability of the animal center including the challenges posed by the

large number of loose and abandoned dogs in the city; request for

information regarding adoption rates, pursuit of grants to support operations,

and whether free spaying and neutering services could increase

participation, and the idea of the council making a financial commitment to

reduce pet overpopulation with a focus on addressing the root causes of the

problem.

RESOLUTION 2023-250 ADOPTED

RESOLUTION 2023-251 ADOPTED

RESOLUTION 2023-252 ADOPTED

RESOLUTION 2023-253 ADOPTED

On motion of Council President Maxwell, seconded by

Councilmember Bredefeld, that the above Action Item be ADOPTED.

The motion carried by the following vote:

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

Absent: 1 - Arias

4. CITY COUNCIL

5. CLOSED SESSION

During open session, Chief Assistant City Attorney Griffin announced the

items that would be discussed in closed session.

Council withdrew to closed session at 12:21 p.m.

CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION

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

5.-A.

5.-B.

5.-C.

ID 23-1325

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 23-1341

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

City of Fresno v. Pinedale County Water District; Kings County Superior

Court Case No.: 18C-0051

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 23-1340

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

ADJOURNMENT

Adjourned from Closed Session at 12:45 P.M.