2600 Fresno Street

Fresno, CA 93721

www.fresno.gov

City of Fresno

Meeting Minutes

City Council

President - Nelson Esparza

Vice President - Tyler Maxwell

Councilmembers:

Annalisa Perea, Mike Karbassi, Miguel Angel Arias,

Luis Chavez,

Garry Bredefeld

City Manager - Georgeanne A. White

City Attorney - Andrew Janz

City Clerk - Todd Stermer, CMC

9:00 AM

Thursday, December 15, 2022

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.

9:02 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 Associate Pastor Brent Deffenbacher from CrossCity Christian Church

Pledge of Allegiance to the Flag

APPROVE AGENDA

City Clerk Stermer announced the following changes to the agenda:

Councilmember Arias was requesting and amendment to Consent Calendar

item 1-R (ID 22-1876), regarding the Emergency Solutions-Coronavirus

Grant Agreement for the operation of mobile showers. The amendment

would change Section 2 of the agreement to include the following: City

Council offices may modify the locations of the mobile shower trailers in their

respective districts.

Consent Calendar item 1-J (ID 22-1871) regarding the resolution to accept

the 2021 SAFER Grant was moved to the January 5, 2023, agenda by the

administration.

Consent Calendar item 1-HH (ID 22-1859) regarding the summary vacation

of portions of certain streets was moved to the January 5, 2023, agenda by

Councilmember Arias.

10:05 A.M. Scheduled Council Hearing (ID 22-1806) regarding Plan

Amendment and Rezone Application No. P19-05950 was moved to the

January 19, 2023, agenda at 10:05 A.M. by Councilmember Karbassi.

Councilmember Bredefeld registered a "no" vote for Consent Calendar item

1-PP (ID 22-1377) concerning the confirmation of emergency conditions

impacting the ability of legislative bodies to meet safely in person.

THE FOLLOWING ITEMS WERE MOVED FROM THE CONSENT

CALENDAR TO THE CONTESTED CONSENT CALENDAR FOR

FURTHER DISCUSSION

1-L (ID 22-1842) regarding Requirements Contract for Custodial Services -

moved to Contested Consent by Councilmember Arias.

1-R (ID 22-1876) regarding the Emergency Solutions-Coronavirus Grant

Agreement for the operation of mobile showers - moved to Contested

Consent by Councilmember Perea.

1-S (ID 22-1754) regarding 2020 Environmental Protection Agency

Brownfields Revolving Loan Fund Grant - moved to Contested Consent by

Councilmember Arias.

1-Y (ID 22-1793) regarding consultant services agreement with CDM Smith,

Inc - moved to Contested Consent by Councilmember Arias.

1-JJ (ID 22-1867) regarding contract to Witbro Inc. dba Seal Rite Paving &

Grading - moved to Contested Consent by Councilmember Arias.

1-OO (ID 22-1892) regarding grant applications to the California State

Transportation Agency funding programs - moved to Contested Consent by

Councilmember Arias.

The agenda was first approved as amended with Consent Calendar item AA

(ID 22-1843) tabled to January 5, 2023 by Council President Esparza. The

motion was made by Councilmember Chavez. Councilmember Arias

seconded the motion which PASSED 7-0 by unanimous vote.

Subsequently, Council President Esparza motioned to reconsider approval

of the agenda in order to hear the time sensitive Consent Calendar item AA

(ID 22-1843) on the Contested Consent Calendar. Councilmember Arias

seconded the motion to reconsider approval of the agenda which PASSED

7-0 by unanimous vote.

Following the motion to reconsider, Council President Esparza motioned to

move Consent Calendar item AA (ID 22-1843) to the Contested Consent

Calendar and approve the agenda as amended. The motion was seconded

by Vice President Maxwell and PASSED 7-0 by unanimous vote.

On motion of Council President Esparza, seconded by Vice President

Maxwell, the above agenda was APPROVED AS AMENDED. The

motion carried by the following vote:

Aye: 7 - Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and

Bredefeld

CEREMONIAL PRESENTATIONS

COUNCILMEMBER REPORTS AND COMMENTS

Councilmember Perea Reports and Comments. Thanked her fellow

Councilmembers for selecting her to serve the remainder of Esmeralda

Soria's term as the Councilmember for District 1. Recognized Gilbert Felix

and the District 1 team for helping run the office during the transition

between Councilmembers. Discussed the successful District 1 toy drive

which collected approximately 200 toys for children in need. Declared she

would always stand against hate and reaffirmed her commitment to the

LGBTQ community.

Councilmember Karbassi Reports and Comments. Welcomed

Councilmember Perea as the District 1 representative. Announced the

warming center in Pinedale would be open for people and pets from 7 P.M.

to 7 A.M. when temperatures were below 35 degrees Fahrenheit. Wished

everyone a happy Christmas and Chanukah then gifted the Council and

administration coaster sized rugs that were handmade in Armenia.

Acknowledged City Manager White for being a great partner helping District

2 achieve its goals. Thanked District 2 staff for their hard work the past

year. Discussed the progress of Safe Routes to School around Star

Elementary. Thanked the PARCS Department for help with a recent

community meeting. Acknowledged Mayor Dyer, the City Clerk's Office and

the Office of the City Attorney.

Councilmember Arias Reports and Comments. Reported 57 families had

moved into the Monarch Building before Christmas due to the hard work of

City staff. Announced an upcoming LuLu Foundation toy drive in the

Chinatown Fresno Neighborhood. Requested a memo from the

administration as to whether the Proud Boys were classified as a criminal

gang under current definitions. Requested the Old Fresno Water Tower be

lit in the LGBTQ colors for the week in recognition of the Respect for

Marriage Act passing at the national level.

Councilmember Chavez Reports and Comments. Welcomed

Councilmember Perea to the dais. Acknowledged City staff and the

Department of Public Works for helping with flooding issues caused by

recent rains. Announced bike lanes had been added to First Street which

now help connect Hazlewood Boulevard, Peach Avenue and the Fresno

Pacific University area. Discussed the upcoming mid-year budget.

Councilmember Bredefeld Reports and Comments. Welcomed

Councilmember Perea and recalled working with her father, former City

Councilmember Henry R. Perea.

Vice President Maxwell Reports and Comments. Welcomed

Councilmember Perea as the newest Councilmember. Recognized and

thanked his staff for helping to accomplish great things in Council District 4

over the past year. Acknowledged the hard work of staff in each of the City

departments.

Council President Esparza Reports and Comments. Thanked District 7 and

PARCS Department staff for a successful community meeting about Radio

Park and Proposition 68 funds. Discussed the recent opening of a City Hall

time capsule from 1992.

MAYOR/MANAGER REPORTS AND COMMENTS

City Manager White Reports and Comments. Welcomed Councilmember

Perea to the dais and recalled working with her father at City Hall. Noted

that Council and administration cooperation accomplished a lot over the past

year. Reported the administration was looking for additional items to place

into the next time capsule. Recognized the Facilities team for keeping City

Hall in great shape for the last thirty years. Acknowledged the hard work put

in by each department to serve the people of Fresno. Discussed a memo

distributed to Council which reported on potential California Public Utilities

Commission changes to Net Energy Metering.

UNSCHEDULED COMMUNICATION

Upon call for unscheduled communication and public comment on Consent

Calendar, Contested Consent Calendar and Closed Session items, the

following members of the public addressed Council: John Brown, Fernando

Paul Elizondo, Sr., Steve Diddy (1-J), Rosio, Isabel Ramos, Zayn Anthony,

Alicia, Brandi N., Faith, Dez, Cesar Casamayor (1-V), Jackie Holmes (1-O),

Rikki, Robert McCloskey, Shana Bender, Cynthia Piombino, Lisa Flores,

Karla Martinez (1-O), Ruben Espinoza (1-V), Haley White, Laura Splotch

and Paul Dictos.

Following unscheduled communication, Councilmember Bredefeld provided

a brief response to the speakers who were critical of his social media posts

about a drag show held the previous weekend.

1. CONSENT CALENDAR

APPROVAL OF THE CONSENT CALENDAR

On motion of Councilmember Arias, seconded by Vice President

Maxwell, the CONSENT CALENDAR was hereby adopted by the

following vote:

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

Absent: 1 - Chavez

Approval of the minutes for December 1, 2022, Regular Meeting and

December 9, 2022, Special Meeting.

1.-A.

1.-B.

ID 22-1864

APPROVED ON CONSENT CALENDAR

RESOLUTION - amending certain designated positions which shall be

ID 22-1767

subject to the conflict of interest code and defining categories of

disclosures for such positions

RESOLUTION 2022-285 ADOPTED

APPROVED ON CONSENT CALENDAR

***RESOLUTION-Adopt

Authorization Resolution

positions of Community Coordinators in the General City Purpose

Department, Animal Control Division (Subject to Mayor’s Veto)

the

4th

Amendment

the

Position

1.-C.

1.-D.

ID 22-1873

(PAR) No. 2022-153 adding (2) full-time

RESOLUTION 2022-286 ADOPTED

APPROVED ON CONSENT CALENDAR

Approve

Second Amendment to the Interfund Loan Agreement

ID 22-1894

between the City of Fresno Sewer Operating Fund and the City of

Fresno General Fund for the purchase, acquisition, and operation of the

Valley Inn motel to extend repayment for up to three months

APPROVED ON CONSENT CALENDAR

***RESOLUTION

Adopt the 7th Amendment to FY 2023 Salary

1.-E.

1.-F.

ID 22-1891

Resolution No. 2022-152, amending Exhibit 2, Unit 2 - Non-Represented

Management and Confidential Classes, to create the new classification

of Senior City Attorney Investigator (Subject to Mayor’s Veto)

RESOLUTION 2022-287 ADOPTED

APPROVED ON CONSENT CALENDAR

Actions relating to the purchase and installation of License Plate

Recognition System (LPR) as a part of the Parking and Control Revenue

System equipment (PARCS) from SKIDATA, Inc., Delaware

ID 22-1734

Corporation, (SKIDATA) for the Surface Parking Lot project at Fresno

Yosemite International Airport (Council District 4):

Adopt

finding of Categorical Exemption pursuant to

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

Environmental Quality Act Guidelines.

RESOLUTION - Approving an Exception to Formal Bidding

Requirements and Authorizing a Sole Source Contract for

License Plate Recognition System.

Award a contract to SKIDATA Inc., for the purchase and

installation of License Plate Recognition System (LPR) as a

part of the Parking and Revenue Control System equipment

(PARCS) for all entrances and exits of Airport Parking with

Grant Funds in the amount of $350,340.

RESOLUTION 2022-288 ADOPTED

APPROVED ON CONSENT CALENDAR

1.-G.

ID 22-1763

Actions related to the Lease Agreement with John Tomaino, an

individual, d.b.a. American Helicopters, which is a Specialized Aviation

Service Operation (SASO) that runs a helicopter and airplane flight

training business at Fresno Chandler Executive Airport (FCH). (Council

District 3)

1. Adopt a finding of Categorical Exemption pursuant to Section

15301 (Existing Facilities) of the California Environmental Quality

Act Guidelines

2. Approve the revised Lease Agreement (Lease), which contains

amended language (staff received direction from the City Council

on September 29, 2022), with John Tomaino, an individual, d.b.a.

American Helicopters, to continue operating a helicopter and

airplane flight training business at FCH for a term of three (3)

years. The amount of potential revenue generated by this Lease

is $57,101.59, plus an annual CPI adjustment. (Council District 3)

APPROVED ON CONSENT CALENDAR

Actions related to the Baggage Cart Concession Agreement with Smarte

Carte, Inc.:

1. Adopt a finding of Categorical Exemption pursuant to Section

1.-H.

ID 22-1865

15301 (Existing Facilities) of the California Environmental Quality

Act (CEQA) Guidelines.

2. Approve the Baggage Cart Concession Agreement between the

City of Fresno and Smarte Carte, Inc., at Fresno Yosemite

International Airport. The term of the agreement is 5 years plus a

5-year option. Total annual revenue is estimated to be $5,700.

Total anticipated revenue during the full term of the agreement is

approximately $28,500. (Council District 4)

APPROVED ON CONSENT CALENDAR

Submission and Acceptance of the City of Fresno Clean and Safe

Neighborhood Parks Tax (Measure P) Report for Fiscal Year 2022.

1.-I.

ID 22-1898

APPROVED ON CONSENT CALENDAR

***RESOLUTION

Authorize the acceptance of 2021 Staffing for

1.-J.

ID 22-1871

Adequate Fire and Emergency Response (SAFER) grant award for

$7,246,600 from the Federal Emergency Management Agency (FEMA)

and authorize the Fire Chief to complete all required documents

(Subject to Mayor’s Veto)

The above item was tabled to January 5, 2023, by staff.

TABLED

Actions pertaining to the award of a sole source purchase agreement

ID 22-1834

1.-K.

with Powerscreen of Dixon, California, for the purchase of one Chieftain

1400 tracked mobile inclined screener in the amount of $401,500:

1. RESOLUTION

- Adopt a Resolution approving an exception to

sole source purchase

formal bidding procedures and award

agreement for one Chieftain 1400 tracked mobile inclined screener

2. Approve the award of a purchase agreement to Powerscreen of

Dixon, California for the purchase of one Chieftain 1400 tracked

mobile inclined screener in the amount of $401,500 for the

Department of Public Works, Street Maintenance Division

RESOLUTION 2022-289 ADOPTED

APPROVED ON CONSENT CALENDAR

***RESOLUTION

Adopt the 6th Amendment to FY 2023 Salary

1.-M.

ID 22-1779

Resolution No. 2022-152, amending Exhibit 8, Unit 8, Non-Represented

to increase the salary range for the Lifeguard, Services Aide and Intern

classifications from $15.00 - $19.00 per hour to $15.50 - $19.50 per

hour; increase the Police Cadet I classification salary range from $15.00

- $20.00 to $15.50 to $20.50 per hour; increase the Senior Lifeguard

classification salary range from $15.50 - $20.00 to $16.00 - $20.50 per

hour; increase the minimum salary range of Sports Official classification

from $15.00 to $15.50 per game; and amend the Cashier Clerk

classification salary range from Flat Rate to Hourly with a salary range of

$15.50 - $19.50 per hour, effective January 1, 2023 (Subject to Mayor’s

Veto)

RESOLUTION 2022-290 ADOPTED

APPROVED ON CONSENT CALENDAR

***RESOLUTION-Adopt

the

5th

Amendment

the

Position

1.-N.

1.-O.

ID 22-1874

Authorization Resolution (PAR) No. 2022-153 adding one (1) permanent

part time position of Senior HR/Risk Analyst in the Personnel Services

Department (Subject to Mayor’s Veto)

RESOLUTION 2022-291 ADOPTED

APPROVED ON CONSENT CALENDAR

***RESOLUTION - Adopting Substantial Amendment 2022-01 to the

ID 22-1872

Fiscal Year (FY) 2022-2023 Annual Action Plan and authorizing

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

(HUD) to reprogram $3,840,768.21 in Community Development Block

Grant (CDBG) funds from prior year CDBG project savings and

repayment (Subject to Mayor’s Veto)

RESOLUTION 2022-292 ADOPTED

APPROVED ON CONSENT CALENDAR

***RESOLUTION - Adopting the 16th Amendment to the Annual

1.-P.

1.-Q.

1.-T.

ID 22-1878

Appropriation Resolution (AAR) No. 2022-154 appropriating

$59,946,400 for Homekey Program related activities (Requires 5

Affirmative Votes) (Subject to Mayor’s Veto)

RESOLUTION 2022-293 ADOPTED

APPROVED ON CONSENT CALENDAR

***RESOLUTION

Appropriation Resolution (AAR) No. 2022-154 appropriating $380,700 in

Emergency Solutions Grant-Coronavirus (ESG-CV) (Requires

Affirmative Votes) (Subject to Mayor’s Veto)

Adopting the 19th Amendment to the Annual

ID 22-1860

RESOLUTION 2022-294 ADOPTED

APPROVED ON CONSENT CALENDAR

Approve a $2.5 million State and Local Fiscal Recovery Funds (part of

the American Rescue Plan) Agreement with Fresno 1101 Parkway, LP

for the proposed Sun Lodge project, which consists of the rehabilitation

of the former Days Inn Motel and the introduction of new construction at

the site to create 64 affordable permanent housing units in west central

ID 22-1781

Fresno (District 3)

APPROVED ON CONSENT CALENDAR

Actions pertaining to the acquisition of three undeveloped properties by

1.-U.

ID 22-1863

Assignment of Purchase and Sale Agreements for the development of

affordable housing (District 3):

1. Approve Assignment of Purchase and Sale Agreement for the

amount $192,000 from the Fresno Housing Authority for 1.03

acres of undeveloped land (APNs 44934203, 44934204, &

44934205).

2. Approve Assignment of Purchase and Sale Agreement for the

amount of $69,000 from the Fresno Housing Authority for 0.28

acres of undeveloped land (APN 44934202)

3. Approve Assignment of Purchase and Sale Agreement for the

amount of $125,000 from the Fresno Housing Authority for 0.84

acres of undeveloped land (APN 44932118).

APPROVED ON CONSENT CALENDAR

1.-V.

ID 22-1877

Actions pertaining to the Proposition 64 Health and Safety Grant Cohort

2 (Prop. 64) Grant program

1. Authorize the Chief of Police to accept $1,958,057 in grant funding

for the Proposition 64 Health and Safety Cohort 2 (Prop. 64) Grant

awarded to the Fresno Police Department from the State of

California, Board of State and Community Corrections (BSCC).

2. ***RESOLUTION

Adopt

Resolution authorizing acceptance of

$1,958,057 in grant funding from the State of California Board of

State and Community Corrections (BSCC) for the Fresno Police

Department’s Proposition 64 Public Health and Safety Cohort

(Prop. 64) grant (Subject to Mayor’s Veto)

3. ***RESOLUTION

Adopt the 6th Amendment to the Position

Authorization Resolution (PAR) No. 2022-153 adding one full-time

position of Community Services Officer to act as a liaison between

Fresno Police Department and residents of the city of Fresno for the

Police Department’s Proposition 64 Public Health and Safety Cohort

2 (Prop. 64) grant (Subject to Mayor’s Veto)

4. ***RESOLUTION

Appropriation

Adopt the 20th Amendment to the Annual

Resolution (AAR) No. 2022-154 appropriating

$604,400 for the Police Department’s Proposition 64 Public Health

and Safety Cohort 2 (Prop. 64) Grant (Requires 5 Affirmative Votes)

(Subject to Mayor’s Veto)

5. Authorize the Chief of Police to enter into a Memorandum of

Understanding (MOU) with the City of Mendota to hire personnel,

purchase equipment, attend training and conduct public outreach

and events to raise awareness about the legalization of cannabis in

the amount of $452,510 over the three-year performance period of

the grant

6. Authorize the Chief of Police to enter into a Memorandum of

Understanding (MOU) with the Fresno Economic Opportunities

Commission (FEOC) for the hiring of personnel to provide therapy

and counseling for youth referrals from project partners and conduct

monthly youth-focused activities in both the cities of Fresno and

Mendota in the amount of $1,100,637 over the three-year

performance period of the grant

7. Authorize the Chief of Police to enter into a Memorandum of

Understanding (MOU) with the Boys & Girls Clubs of Fresno County

for the implementation of youth prevention programs including drug

prevention and intervention in the amount of $124,410 over the

three-year performance period of the grant

8. Authorize the Chief of Police to enter into a Memorandum of

Understanding (MOU) with California State University of Fresno,

Foundation to prepare a pre-and post-Local Evaluation Report in the

amount of $15,000 over the three-year performance period of the

grant

RESOLUTION 2022-296 ADOPTED

RESOLUTION 2022-297 ADOPTED

RESOLUTION 2022-298 ADOPTED

APPROVED ON CONSENT CALENDAR

Authorize the Chief of Police to enter an agreement with County of

1.-W.

1.-X.

ID 22-1890

Fresno for the reimbursement of five Fresno Police Officers, one Police

Sergeant, and one Crime Analyst which will be assigned to the Adult

Compliance Team (ACT) in an amount not to exceed $1,660,661 for

Fiscal Year 2022-23.

APPROVED ON CONSENT CALENDAR

ID 22-1792

Approve the Second Amendment to the consultant services agreement

with Stearns, Conrad, and Schmidt Consulting Engineers, Inc., to

expand the scope of services, to extend the agreement to December 31,

2023, and increase the previously amended contract amount of $84,540

by $65,024 for

total amended contract amount of $149,564, for

professional consulting services for SB 1383 compliance planning.

(Citywide)

APPROVED ON CONSENT CALENDAR

1.-Z.

ID 22-1855

Reject all bids received for Requirements Contract to Furnish and Install

Concrete and Paving Repairs at the Fresno-Clovis Regional Wastewater

Reclamation Facility. (Bid File 9642) (Council District 3)

APPROVED ON CONSENT CALENDAR

Reject all bids for the BRT Corridor ATP Pedestrian Intersection

Improvements Project - Bid File 3820 (All Council Districts)

1.-BB.

1.-CC.

1.-DD.

ID 22-1844

APPROVED ON CONSENT CALENDAR

Annual Review and Acceptance of the FY 2022 Summary of Impact

Fee Waivers

ID 22-1845

APPROVED ON CONSENT CALENDAR

Approve the Tenth Amendment to the California High Speed Rail

ID 22-1846

Authority Reimbursement Agreement No. HSR 11-29, which extends the

contract end date by 12 months to December 31, 2023 (Council District

1, 2, & 3)

APPROVED ON CONSENT CALENDAR

Approve an agreement for Professional Engineering Services with

1.-EE.

1.-FF.

ID 22-1847

Peters Engineering Group for $258,770, with a $30,000 contingency, for

design and construction support services for the Clinton Avenue

Widening Project from 600 feet west of Marks Avenue to 500 feet west

of Valentine Avenue (Council District 3)

APPROVED ON CONSENT CALENDAR

Actions pertaining to professional on-call civil engineering services for

ID 22-1856

the Public Works Engineering Division on City of Fresno neighborhood

infrastructure capital projects (Citywide)

1. Approve an On-Call Consultant Services Agreement with Mark

Thomas & Company, Inc., in the amount of $1,500,000

2. Approve an On-Call Consultant Services Agreement with Peters

Engineering Group, in the amount of $1,500,000

3. Approve an On-Call Consultant Services Agreement with Provost

& Pritchard Consulting Group, in the amount of $1,500,000

APPROVED ON CONSENT CALENDAR

Bicycle and Pedestrian Advisory Committee (BPAC) Semi-Annual

Report (May 2022 through October 2022) (Citywide)

1.-GG.

1.-HH.

ID 22-1858

APPROVED ON CONSENT CALENDAR

Actions pertaining to the summary vacation of a portion of the southeast

ID 22-1859

corner of North Parkway Drive and West Shields Avenue; a portion of

North Parkway Drive, north of West Weldon Avenue; and a portion of

North Marks Avenue, north of the Marks-Shields Connector (Council

District 3)

1. Adopt finding of Categorical Exemption per staff determination,

pursuant to Sections 15301/Class

15305/Class 5 (Minor Alteration in Land Use Limitations) of the

California Environmental Quality Act (CEQA) Guidelines,

Environmental Assessment Number PW00663-SR99-01 for the

(Existing Facilities) and

Southeast corner of North Parkway Drive and West Shields

Avenue

2. Adopt findings of Categorical Exemption per staff determinations,

pursuant to Sections 15301/Class

15305/Class 5 (Minor Alteration in Land Use Limitations) of the

California Environmental Quality Act (CEQA) Guidelines,

(Existing Facilities) and

Environmental Assessment Number PW00663-SR99-02 for

portion of North Parkway Drive, north of West Weldon Avenue

3. Adopt findings of Categorical Exemption per staff determinations,

pursuant to Sections 15301/Class (Existing Facilities) and

15305/Class 5 (Minor Alteration in Land Use Limitations) of the

California Environmental Quality Act (CEQA) Guidelines,

Environmental Assessment Number PW00663-SR99-03 for

portion of North Marks Avenue, north of the Marks-Shields

Connector

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

the Southeast corner of North Parkway Drive and West Shields

Avenue; a portion of North Parkway Drive, north of West Weldon

Avenue; and a portion of North Marks Avenue, north of the

Marks-Shields Connector (Subject to Mayor’s Veto)

The above item was tabled to January 5, 2023, by Councilmember Arias.

RESOLUTION - Of Intention to Annex Final Tract Map No.

ID 22-1862

1.-II.

5388 as Annexation No. 135 to the CITY OF FRESNO

COMMUNITY

FACILITIES

DISTRICT

NO.

11 and

Authorize the Levy of Special Taxes; and setting the public

hearing for Thursday, January 19, 2023, at 10:00 am (located

along West San Jose Avenue north of North Salinas Avenue)

(Council District 2)

RESOLUTION 2022-300 ADOPTED

APPROVED ON CONSENT CALENDAR

Actions pertaining to on-call professional environmental assessment and

1.-KK.

ID 22-1868

technical study support services for the Public Works Engineering

Division on City of Fresno capital improvement projects (Citywide)

1. Approve an On-Call Consultant Services Agreement with Harris &

Associates, Inc., in the amount of $4,000,000

2. Approve an On-Call Consultant Services Agreement with LSA

Associates, Inc., in the amount of $4,000,000

3. Approve an On-Call Consultant Services Agreement with SWCA

Environmental Consultants, Inc., in the amount of $4,000,000

APPROVED ON CONSENT CALENDAR

Actions pertaining to Final Map of Tract No. 6238

1.-LL.

ID 22-1869

RESOLUTION - Approving the Final Map of Tract No. 6238, and

accepting dedicated public uses offered therein except for

dedications offered subject to City acceptance of developer

installed required improvements

located near the southeast

corner of North Alicante Drive and North Crest View Drive

(Council District 6)

RESOLUTION 2022-301 ADOPTED

APPROVED ON CONSENT CALENDAR

Approve Third Amendment to Reimbursement Agreement No. HSR

ID 22-1875

16-57 with the California High Speed Rail Authority for the Veterans

Boulevard Grade Separation (Council District 2)

-MM.

APPROVED ON CONSENT CALENDAR

Actions pertaining to the Fink-White Park Splash Play Area Project - Bid

File 12300706 (Council District 3)

1.-NN.

ID 22-1882

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

determination, pursuant to Section 15301 (d)/Class 1 and

15302/Class 2 of the California Environmental Quality Act

Guidelines

2. Award a construction contract in the amount of $1,271,280 to

American Paving Company of Fresno, California, as the lowest

responsive and responsible bidder

APPROVED ON CONSENT CALENDAR

***RESOLUTION - Confirming emergency conditions continue to directly

1.-PP.

ID 22-1377

impact the ability of legislative bodies to meet safely in person and

authorizing remote teleconference meetings of City legislative bodies for

30 days, pursuant to Brown Act provisions (Subject to Mayor’s Veto).

Councilmember Bredefeld registered a "no" vote on the above item. As

such, this item was APPROVED 5-1 by the following vote:

Aye (5): Perea, Karbassi, Arias, Maxwell, Esparza

No (1): Bredefeld

Absent (1): Chavez

RESOLUTION 2022-305 ADOPTED

APPROVED ON CONSENT CALENDAR

JOINT MEETING OF THE CITY COUNCIL, FRESNO

REVITALIZATION CORPORATION, THE CITY OF FRESNO IN ITS

CAPACITY AS HOUSING SUCCESSOR TO THE

REDEVELOPMENT AGENCY OF THE CITY OF FRESNO, AND THE

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF

THE CITY OF FRESNO

Actions pertaining to the affordable residential housing project at

1241-1263 Broadway Mall, commonly known as Hotel Fresno

1.-QQ.

ID 22-1885

***RESOLUTION

Supporting

Broadway

Plaza

Family

Apartments, LP’s Hotel Fresno project and awarding $1.5 million

in Permanent Local Housing Allocation funds for development of

the Hotel Fresno Housing Project in downtown Fresno (District 3)

(Subject to Mayor’s Veto) (City Action Only)

Approve a Fourth Amendment to the Amended and Restated

Owner Participation Agreement with Broadway Plaza Family

Apartments, LP

RESOLUTION 2022-306 ADOPTED

APPROVED ON CONSENT CALENDAR

CONTESTED CONSENT CALENDAR

Actions Pertaining to a Requirements Contract for Custodial Services:

1.-L.

ID 22-1842

1. Approve the Award of a Requirements Contract to ScrubCan Inc.

for Three Years with Two One-year Optional Extensions for

Routine

Afterschool,

and

Deep

Recreation

Clean

and

Custodial

Community

Services

Parks,

(PARCS)

Facilities (Bid File 9658)

2. Authorize Spending Authority for Custodial Services in an Amount

Not to Exceed $700,000 Per Year with no Minimum Spending

Guarantee

Expressed

Implied

Under

Any

Respective

Requirements Contract

3. Authorize the PARCS Director or Designee to Execute all Related

Documents on Behalf of the City

Councilmember Arias moved this item to the Contested Consent Calendar to

clarify which services would be provided under the contract.

APPROVED

On motion of Councilmember Arias, seconded by Vice President

Maxwell, 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 the Emergency Solutions-Coronavirus (ESG-CV) Grant

ID 22-1876

1.-R.

agreement between the City of Fresno and Gracebound Inc. in the

amount of $185,000 for the operation of mobile showers.

Councilmember Perea moved this item to the Contested Consent Calendar

to determine how mobile shower site locations were determined and

requested to work with staff to bring a location to the Tower District.

Councilmember Arias noted he worked with the administration and

requested Section 2 of the agreement be amended to indicate that City

Council offices may work with the administration to modify the locations of

movable shower trailers in their respective districts. The motion to approve

this item included the amendment suggested by Councilmember Arias.

Councilmember Arias stated, for the record, he was interested in finding a

location for mobile showers in Downtown Fresno.

APPROVED AS AMENDED

On motion of Councilmember Perea, seconded by Councilmember

Karbassi, that the above Action Item be APPROVED AS AMENDED. The

motion carried by the following vote:

Aye: 7 - Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and

Bredefeld

Actions

pertaining

the

2020 Environmental

Protection

Agency

1.-S.

ID 22-1754

Brownfields Revolving Loan Fund Grant and the 2019 Environmental

Protection Agency Brownfields Coalition Assessment Grant:

1. ***RESOLUTION - Adopting the 17th amendment to the Annual

Appropriation Resolution (AAR) No. 2022-154 to appropriate

$694,000 for the Environmental Protection Agency Brownfields

Revolving Loan Fund Grant (Requires

(Subject to Mayor’s Veto)

Affirmative Votes)

2. Approve the Second Amendment to the consultant services

agreement between the City of Fresno and Stantec Consulting

Services, Inc., regarding planning services for the Brownfields

Coalition Assessment Grant to increase the scope of work,

extending the contract performance period to January 31, 2026,

and authorizing additional compensation in the amount up to

$100,000.

Councilmember Arias moved this item to the Contested Consent Calendar

for clarification on the status of the projects.

RESOLUTION 2022-295 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, Perea, Karbassi, Arias, Chavez and

Bredefeld

1.-Y.

ID 22-1793

Approve First Amendment to the consultant services agreement with

CDM Smith, Inc., to expand the scope of services, extend the

agreement to December 31, 2023, and increase the contract amount by

$230,600 for

total contract amount of $660,450, for groundwater

investigation and remedial action at the City of Fresno Sanitary Landfill.

(Council District 3)

Councilmember Arias moved this item to the Contested Consent Calendar to

receive a summary update of the superfund landfill.

APPROVED

On motion of Councilmember Arias, seconded by Councilmember

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

by the following vote:

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

Absent: 1 - Karbassi

Award a requirements contract to Witbro Inc. dba Seal Rite Paving &

ID 22-1867

1.-JJ.

Grading up to $411,611.55 per year to furnish and install pavement

undulations on various streets (Bid File 9661) (Citywide)

Councilmember Arias moved this item to the Contested Consent Calendar

for the purposes of amending this item as a one year contract without

extensions.

APPROVED AS AMENDED

On motion of Councilmember Arias, seconded by Councilmember

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

motion carried by the following vote:

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

Absent: 1 - Karbassi

Actions pertaining to grant applications to the California State

ID 22-1892

1.-OO.

Transportation Agency funding programs

1. RESOLUTION - Approve a grant application for the Blackstone

and McKinley BNSF Grade Separation Project for grant funds up

to the amount of $80,000,000 from the California State

Transportation Agency Port and Freight Infrastructure Program

(Council Districts 1 and 7)

2. RESOLUTION - Approve a grant application for the Blackstone

and McKinley BNSF Grade Separation Project for grant funds up

to the amount of $80,000,000 from the California State

Transportation Agency Transit and Intercity Rail Capital Program

(Council Districts 1 and 7)

3. RESOLUTION

Approve

grant application for the FAX

Zero-Emissions Technology Investment Project for grant funds up

to the amount of $37,500,000 from the California State

Transportation Agency Transit and Intercity Rail Capital Program

(All Council Districts)

Councilmember Arias moved this item to Contested Consent to point out that

the item was underfunded. He recommended utilizing Measure "C" funding

allocated for interchange projects in District 3 to help complete this item.

RESOLUTION 2022-302 ADOPTED

RESOLUTION 2022-303 ADOPTED

RESOLUTION 2022-304 ADOPTED

On motion of Councilmember Arias, seconded by Council President

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

by the following vote:

Aye: 7 - Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and

Bredefeld

Actions pertaining to Final Map of Tract No. 6325

ID 22-1843

1.-AA.

RESOLUTION - Approving the Final Map of Tract No. 6325, and

accepting dedicated public uses offered therein except for

dedications offered subject to City acceptance of developer

installed required improvements - located on the northwest corner

of North Armstrong Avenue and East Clinton Avenue (Council

District 7)

Council President Esparza moved this item to Contested Consent. City

Clerk Stermer read the entire agenda title for the above item for the

clarification of the public.

Upon call for public comment, Lisa Flores addressed Council.

RESOLUTION 2022-299 ADOPTED

On motion of Councilmember Arias, seconded by Council President

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

by the following vote:

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

Absent: 1 - Chavez

2. SCHEDULED COUNCIL HEARINGS AND MATTERS

10:05 A.M.

HEARING to consider Plan Amendment and Rezone Application No.

ID 22-1806

P19-05950 and related Environmental Assessment No. P19-05950, for

approximately 1.73 acres of property located on the south side of West

Nees Avenue, between North Blackstone and North Ingram Avenues

(Council District 2)

1. ADOPT the Negative Declaration as prepared for Environmental

Assessment No. P19-05950 dated July 29, 2022, for the proposed

project pursuant to the California Environmental Quality Act

(CEQA).

2. RESOLUTION - Approving Plan Amendment Application No. P19-

05950 proposing to amend the Fresno General Plan to change the

planned land use designation for the subject property from High

Density Residential (±1.73 acres) to Regional Mixed Use (±1.73

acres).

3. BILL (for introduction and adoption)

Approving Rezone

Application No. P19-05950 proposing to amend the Official Zoning

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

RM-3/UGM/CZ

(Multi-Family

Residential,

High

Density/Urban

Growth Management/conditions of zoning) zone district to the RMX

(Regional Mixed Use) zone district in accordance with Plan

Amendment Application No. P19-05950.

The above item was tabled to January 19, 2023, at 10:05 A.M. by

Councilmember Karbassi.

3. GENERAL ADMINISTRATION

Update on State Center Community College District Projects by Chancellor

Dr. Carole Goldsmith

3.-A.

ID 22-1857

The above workshop was presented by Dr. Carole Goldsmith, Chancellor of

State Center Community College District. Following the presentation,

Council discussion included the topics of TCC grant improvements to

Church Avenue and water access to the First Responder Campus.

PRESENTED

4. CITY COUNCIL

5. CLOSED SESSION

During open session, Chief Assistant City Attorney Badhesha announced

the items that would be discussed in closed session. Council President

Esparza and Councilmember Bredefeld each announced they would be

recused from closed session item 5-C (ID 22-1900) due to conflicts.

Council withdrew from open session to hear closed session items at 11:30

A.M.

5.-A.

ID 22-1883

CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION

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

Case Name(s): Desiree Martinez, et al. v. City of Fresno; Eastern District

Court Case No. 1:22-cv-00307

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

session announcements following the discussion.

DISCUSSED

CONFERENCE WITH LABOR NEGOTIATORS - Government Code

ID 22-1901

5.-B.

Section 54957.6

City Negotiators: TJ Miller

Employee Organizations:

1. International Union of Operating Engineers, Stationary Engineers,

Local 39 (Local 39); 2. Fresno City Employees Association (FCEA); 3.

Fresno Police Officers Association (FPOA Basic), Unit 4; 4. International

Association of Firefighters, Local 753, Unit 5 (Fire Basic); 5.

Amalgamated Transit Union, Local 1027 (ATU); 6. International

Brotherhood of Electrical Workers, Local 100 (IBEW); 7. Fresno Police

Officers Association (FPOA Management); 8. International Association

of Firefighters, Local 753, Unit 10 (Fire Management); 9. City of Fresno

Professional Employees Association (CFPEA); 10. City of Fresno

Management Employees Association (CFMEA); 11. Operating

Engineers, Local Union No. 3, Fresno Airport Public Safety Supervisors

(FAPSS); 12. Operating Engineers, Local Union No. 3, Fresno Airport

Public Safety Officers (FAPSO); 13. Unrepresented Employees in Unit 2

(Non-Represented Management and Confidential Classes): Airport

Public Safety Manager, Assistant City Attorney, Assistant City Manager,

Assistant Controller, Assistant Director, Assistant Director of Personnel

Services, Assistant Director of Public Utilities, Assistant Director of

Public Works, Assistant Police Chief, Assistant Retirement

Administrator, Background Investigator, Budget Analyst, Budget

Manager, Chief Assistant City Attorney, Chief Information Officer, Chief

Labor Negotiator, Chief of Staff to Councilmember, Chief of Staff to the

Mayor, City Attorney (City Negotiator, Council President Esparza), City

Attorney Investigator, City Clerk (City Negotiator, Council President

Esparza), City Engineer, City Manager (City Negotiator, Mayor Dyer),

Community Coordinator, Community Outreach Specialist, Controller,

Council Assistant, Deputy City Attorney II , Deputy City Attorney III,

Deputy City Manager, Director, Director of Aviation, Director of

Development, Director of Personnel Services, Director of Public Utilities,

Director of Transportation, Economic Development Coordinator,

Economic Development Director , Executive Assistant to Department

Director, Executive Assistant to the City Attorney, Executive Assistant to

the City Manager, Executive Assistant to the Mayor, Fire Chief,

Governmental Affairs Manager, Human Resources Manager,

Independent Reviewer, Internal Auditor, Investment Officer,

Management Analyst II, Payroll Accountant, Payroll Manager, Police

Chief, Principal Budget Analyst, Principal Internal Auditor, Principal

Labor Relations Analyst, Project Liaison/Program Administrator, Public

Affairs Officer, Public Works Director, Retirement Administrator,

Retirement Benefits Manager, Retirement Office Manager, Senior

Budget Analyst, Senior Deputy City Attorney I, Senior Deputy City

Attorney II, Senior Deputy City Attorney III, Senior Human

Resources/Risk Analyst, Senior Law Clerk, Supervising Deputy City

Attorney

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

session announcements following the discussion.

DISCUSSED

5.-C.

ID 22-1900

CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION

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

Case Name: Nelson Esparza v. Garry Bredefeld; Fresno Superior Court

Case No. 22CECG01469

The above item was discussed in closed session. Council President

Esparza and Councilmember Bredefeld were recused from this item and

were not present for the discussion. There were no open session

announcements following the discussion of this item.

DISCUSSED

ADJOURNMENT

City Council adjourned at 12:14 P.M.

The above minutes were approved by unanimous vote of the City Council during

the January 5, 2023, regular meeting.