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, February 23, 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.

9:09 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 Dr. Sarbjeet Singh, Sikh Association of Fresno

Dr. Sarbjeet Singh gave the invocation.

Pledge of Allegiance to the Flag

Counilmember Bredefeld led the Pledge of Allegiance.

APPROVE AGENDA

City Clerk Stermer announced the following changes to the agenda:

Consent Calendar Item 1-C (ID 23-301) regarding the Master Fee Schedule

Resolution to Add, Adjust, Move, Revise or Delete Various Fees - the

following charge was read into the record, on page 60 and related fee on

page 120 should be removed "Special Events rate / per motor vehicle ****

New $5.00- $20.00. and anywhere else that charge appears on the Master

Fee Schedule."

Consent Calendar Item 1-K (ID 23-289) regarding award of a requirements

contract to Builders Concrete Inc. – there was a change requested to be

read into the record the staff report and Resolution should state, “The City

wishes to submit an application to obtain an Cal ICH allocation of ERF-2-R

funding in the amount not to exceed $17,000,000”

Consent Calendar Item 1-W (ID 23-317) regarding install an

Intertie/Pressure Valve Connect the City of Fresno Water to the affordable

housing project located within Fancher Creek - removed from the agenda by

Councilmember Chavez and tabled to March 9, 2023.

THE FOLLOWING ITEMS WERE REMOVED FROM THE CONSENT

CALENDAR AND MOVED TO CONTESTED CONSENT FOR FURTHER

DISCUSSION

1-B (ID23-295) regarding the appointment of Jacqueline Lyday to the

Planning Commission. – moved by Councilmember Arias.

1-C (ID 23-301) regarding the Master Fee Schedule Resolution to Add,

Adjust, Move, Revise or Delete Various Fees – moved by Council President

Maxwell and Councilmember Arias.

1-D (ID 23-299) regarding to actions related to the Terminal Expansion

Project at Fresno Yosemite International Airport– moved by Councilmember

Arias.

1-G (ID 23-281) regarding the grant agreement with the Fresno Economic

Opportunities Commission - moved by Councilmember Bredefeld.

1-K (ID 23-289) regarding a grant application to the California Interagency

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

Resolution Funding Program, round 2.– moved by Councilmember Arias.

1-L (ID 23-292) regarding a Lease Agreement with Tutelian Holdings I,

L.L.C., for office space at 2440 Tulare Street.– moved by Councilmember

Arias.

1-O (ID 23-260) regarding Professional Engineering Services agreement

with PBK Architects, for 911 Emergency Call Center Project.– moved by

Councilmember Arias.

1-P (ID 23-270) regarding resolution accepting the Fancher Creek Trail Plan

- moved by Councilmember Chavez.

1-T (23-208) regarding professional consulting services contract to

Transportation Management & Design, Inc. (TMD) of Carlsbad, California -

moved by Council President Maxwell.

On motion of Councilmember Karbassi, seconded by Councilmember

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

by the following vote:

Aye: 7 -

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

Bredefeld

CEREMONIAL PRESENTATIONS

Proclamation for “Lore Doll Fitness Day”

ID 23-79

PRESENTED

Announcement of “OCA Civic Academy Graduates”

ID 23-198

PRESENTED

Fresno Animal Center’s “Dog of the Month” presented by Fresno Humane

Animal Services

ID 23-246

PRESENTED

COUNCILMEMBER REPORTS AND COMMENTS

Councilmember Karbassi Reports and Comments. Attended the unveiling of

Fire Station 18 to serve district 1 and district 2. Celebrated district 2

businesses opening at Herndon and West - The Curry Life, Spicy Birdz, and

Bubble Bee Boba. Had a Neighborhood meeting at Herndon-Barstow

Elementary. Attended the Funeral of Selma Officer Gonzalo Carrasco, Jr.

Announced the upcoming Support the Blue Run at Woodward Park.

Councilmember Arias Reports and Comments. Announced the mobile

shower and restrooms are open from 8:00 A.M. to 1:00 P.M in front of City

Hall every Tuesday and the parking lot of former CVS off Fulton Street every

Wednesday. Gave an update on the Hinton Center restrooms. Requested an

update on the Monarch Building alley gate completion project and an

update on the Chinatown cleanup.

Councilmember Chavez Reports and Comments. Thanked Beautify Fresno

event for Fancher Creek parkway cleanup. Attended the Fire Station 18

unveiling. Acknowledged staff for the Fancher Creek Park Trail plan and

discussed the trails, bike lanes, and using infrastructure funding to prioritize

the trail from the Calwa community to Peach feeding into the 49-acres park.

Councilmember Bredefeld Reports and Comments. Announced the

upcoming Fresno Support the Blue Run at Woodward Park and District 6

community meeting on March 8, 2023, at Liberty Elementary School.

Councilmember Esparza Reports and Comments. Announced Beautify

Fresno event at Webster Elementary School, Community Meeting at Fresno

Art Museum at the Fresno Radio Park to discuss Proposition 68. Reported a

new launch of Playstreet event on March 11, 2023, off Huntington Blvd,

between First and Third Street. Acknowledged staff for the completion of the

new parking lot at Romain Park and the tree planting on McKinzie Avenue.

Vice President Perea Reports and Comments. Visited Veterans on

Valentine’s Day. Participated in the Leadership Fresno panel on local

politics and government. Participated in the Marti Gras Parade. Attended

the unveiling of Fire Station 18. Acknowledged Assembly member Soria for

the planning of Fire Station 18. Attended neighborhood watch meeting at the

Link in District 1. Recognized Community Services Officer Guzman.

Participated in a ride along with Advance Peace.

MAYOR/MANAGER REPORTS AND COMMENTS

Mayor Dyer Reports and Comments. Spoke at the Economic Opportunities

Commission retreat. Attended Fire Station 18 unveiling. Attended ribbon

cutting at Alegre Commons - Fresno Housing. Participated in the soft launch

of Bitzworks Mobility Hub - clean Mobility e-bike downtown. Announced

Black History Month event at Fresno Chaffee Zoo.

City Manager White Reports and Comments. Discussed the Fagan security

gates that are ready to be installed. Update on the following tray memos:

The crisis intervention team and recruitment and training update for Fresno

Police Department. Sent out update for the constituent management

software and how it will work with future FresGo replacement.

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: Hector Luna (1-P),

Mary Macias (1-W), Stephanie Bouvier, Lori Dolqueist (1-W), Altetha Lang

(1-P), Bret Rush (1-P), Fernando Elizando, Tyler MacKey (1-U), Aaron

Gosseh (1-U), Bianica Lopez (1-U), Peter DeYoung (1-U), Rene Rios,

Kirwin Wong, Bobby J. Gentry, Krystal, Kristin P., William P., Dez Martinez,

Robert McCloskey, Anthony Armour (1-U), Lisa Flores (1-B, 1-C, 1-J), Karla

Martinez (3-B), Gidai Maaza, Cynthia Piombino,Shar Thompson, Brandi

Nuse-Villegas (1-G, 1-K, 1-U), Rubin Espinoza, and Alexandra Alvarado.

1. CONSENT CALENDAR

APPROVAL OF THE CONSENT CALENDAR

On motion of Councilmember Bredefeld, seconded by Vice President

Perea, the CONSENT CALENDAR was hereby adopted by the

following vote:

Aye: 7 -

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

Bredefeld

Approval of Minutes for January 19, 2023, Regular Meeting and February

9, 2023, Regular Meeting

1.-A.

1.-E.

ID 23-282

APPROVED ON THE CONSENT CALENDAR

Approve the award of a citywide requirements contract to W.W.

ID 23-204

Grainger, Inc. for five years with two one-year optional extensions for the

purchase of maintenance and operations supplies, parts, equipment,

and materials, in the amount of $600,000 per year plus annual CPI

increases. (Bid File 9667)

APPROVED ON THE CONSENT CALENDAR

Approve the award of a Requirements Contract to Stommel Inc., dba Lehr

1.-F.

ID 23-294

Automotive, of Sacramento, California, for three years with two optional

one-year extensions for the purchase of patrol vehicle hardware and safety

equipment, not to exceed $4,000,000 annually plus annual CPI increases

for the Police Department

APPROVED ON THE CONSENT CALENDAR

Approve the First Amendment to the repair services agreement with RH

Community Builders, Inc. (RH Community Builders) to amend the Project

Homekey rehabilitation budget of $5,981,700.00 by $150,000 for a total

amendment contract amount of $6,131,700.00 for repairs and

maintenance at The Ambassador Inn (Property), located at 1804 W. Olive

Avenue, Fresno, California (APN 449-231-11)

1.-H.

ID 23-261

APPROVED ON THE CONSENT CALENDAR

Approve the First Amendment to the repair services agreement with RH

1.-I.

ID 23-278

Community Builders, Inc. (RH Community Builders) to amend the Project

Homekey rehabilitation budget of $4,702,108.00 by $450,000.00 for a total

amended contract amount of $5,152,108.00 for repairs and maintenance

at The Villa Motel (Property), located at 817 North Parkway Drive, Fresno,

CA (APN 449-335-25).

APPROVED ON THE CONSENT CALENDAR

Approve a $964,482 State and Local Fiscal Recovery Funds (part of the

1.-J.

ID 23-263

American Rescue Plan Act) Grant Agreement with Poverello House for the

construction of 26 tiny homes to be used as non-traditional permanent

housing for those experiencing homelessness.

APPROVED ON THE CONSENT CALENDAR

Actions pertaining to the award of a requirements contract to Builders

Concrete Inc. of Fresno, California in the amount up to $1,275,442.03 for

the purchase of Ready Mix Concrete. (Bid File 12300757)

1.-M.

1.-N.

1.-Q.

ID 23-255

APPROVED ON THE CONSENT CALENDAR

Approve Contract Change Order No. 03 with Avison Construction

extending the date of completion to May 1, 2023 for the Shields Bankside

Trail Project ID PW00725 (Council District 7)

ID 23-257

APPROVED ON THE CONSENT CALENDAR

Approve Contract Change Order No. 06 with Avison Construction Inc., in

ID 23-273

the amount of $0 and an increase in contract time of one hundred

seventy-four (174) calendar days for the Rebid Fresno Area Express Bus

Entry Gate, Project ID FC00036 (Council District 3).

APPROVED ON THE CONSENT CALENDAR

Approve Contract Change Order No. 23 with Granite Construction

1.-R.

ID 23-279

Company extending the date of completion to April 28, 2023 for the

Veterans Boulevard Grade Separation, Project ID PW00683 (Council

District 2)

APPROVED ON THE CONSENT CALENDAR

***RESOLUTION - Authorizing the Submission of a Grant Application to the

Fresno Council of Governments for the 2023 Measure "C" Transit Oriented

Infrastructure for In-Fill Development Grant Program in the amount of up to

1.-S.

ID 23-323

$2,700,000 for

the

Senior

Activity

Center

And

Housing

Street

Improvements, the Planning Grant For West Area Mixed Use Town Center,

and the Ventura & 7th Housing Streetscape Projects; and Authorizing the

Execution of Grant Application and Grant Agreement Documents by the

Public Works Director or Designee. (Council Districts 1, 2, 4 and 5)

(Subject to Mayor’s Veto)

RESOLUTION 2023-041 ADOPTED

APPROVED ON THE CONSENT CALENDAR

***RESOLUTION of the Council of the City of Fresno, California, supporting

the success of the Tower District Farmer’s Market on Thursday evenings

(Subject to Mayor’s Veto)

1.-U.

1.-V.

1.-W.

ID 23-314

RESOLUTION 2023-042 ADOPTED

APPROVED ON THE CONSENT CALENDAR

***BILL B-3 (Intro’d 2/9/2023)(For Adoption) Ordinance to prohibit the

unlawful possession of catalytic converters (Citywide) (Subject to Mayor’s

Veto)

ID 23-303

ORDINANCE 2023-003 ADOPTED

APPROVED ON THE CONSENT CALENDAR

Install an Intertie/Pressure Valve Connecting the City of Fresno Water to the

ID 23-317

affordable housing project located within Fancher Creek to assist in the fire

suppression efforts for the Brand Haven facility

The above item was removed from the agenda by Councilmember Chavez

and tabled to March 9, 2023.

TABLED

Approve the appointment of Jesse Rojas to the Immigrant Affairs

ID 23-319

1.-X.

1.-Y.

Committee to a term which serves at the pleasure of the Councilmember

APPROVED ON THE CONSENT CALENDAR

***Resolution - Adopt the 26th Amendment to the Annual Appropriation

ID 23-339

Resolution (AAR) No 2022-154 appropriating $25,000 received from the

California Commission on the Status of Women and Girls for capacity

building establishing the City of Fresno Women's Commission (Requires 5

affirmative votes) (Subject to Mayor’s Veto)

RESOLUTION 2023-043 ADOPTED

APPROVED ON THE CONSENT CALENDAR

CONTESTED CONSENT CALENDAR

Approve the appointment of Jacqueline Lyday (Resident of District 6) to the

Planning Commission for a term ending on June 30, 2025.

1.-B.

ID 23-295

Councilmember Arias moved this item to the Contested Consent Calendar

to discuss the appointments from various districts.

Council discussion on this item included: quorum issues; the replacement of

Brad Hardie; monitoring and disclosing of conflict of interest for

Commissioners; the interview process of applicants; the liability for

engaging in decision making when there is a conflict; appointments and

representation from different districts; qualified applicants; most Planning

Commission members are from North Fresno who are making decisions for

South Fresno; future district 1 and district 3 appointees; the obligation for

members to disclose their conflict of interests, and the qualifications of the

proposed applicant.

APPROVED

On motion of Councilmember Bredefeld, seconded by Vice President

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

by the following vote:

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

No: 1 - Arias

***RESOLUTION - Adopting the 575th Amendment to the Master Fee

ID 23-301

1.-C.

Schedule Resolution No. 80-420 to Add, Adjust, Move, Revise or

Delete Various Fees (Subject to Mayor’s veto).

Correction read into the record that the following charge on page 60 and

related fee on page 120 should be removed “Special Events rate / per motor

vehicle **** New $5.00-$20.00”.

Councilmember Arias and President Maxwell moved this item to the

Contested Consent Calendar to discuss the PARCs and Chandler Airports

Master Fee Schedule.

Council discussion on this item included: the in fees per hour for the mobile

science unit; neighborhood parks and fields for tournaments fees; electronic

QR system to handle park reservations; deposit fee for reservation in the

parks department; increase in the cost for airport employee badges; fees for

enforcement rules and regulations for tents of the airport; financial penalties

for lease holders who do not follow security rules; Hanger wait list fee;

increase in office space fees at the airport; the cleanup for the convention

center for banquet rooms; the Memorial Auditorium Apes fee increase; the

completion of the improvements on the Memorial Auditorium facility;

cleanup deposit for the park facility fee; processing refund fee for fees over

$50; streamlining processes to lessen fees to process refunds; fields

reservation increase per day cost, and Camp Fresno fee increase.

Councilmember Arias motioned to approve with amendment to not increase

the Refund Fee in PARCS and Memorial Auditorium APES Fee. Chandler

Airport fees are separated out and will come back to Council. PARCS fees

will be separated out and go to Measure P and PRAC Subcommittee.

RESOLUTION 2023-038 ADOPTED AS AMENDED

On motion of Councilmember Arias, seconded by Council President

Maxwell, 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 related to the Terminal Expansion Project at Fresno Yosemite

International Airport (Council District 4):

1.-D.

ID 23-299

1. Approve Design-Build Contract Amendment No. 3 for Phase

Two of a Progressive Design-Build contract with Q&D

Construction, to construct a New Terminal Expansion at Fresno

Yosemite International Airport in an amount not to exceed

$126,868,863

2. Approve a consulting agreement with Moore Twining

Associates, Inc. of Fresno, California, to provide geotechnical

quality assurance testing and inspection services for the New

Terminal Expansion at Fresno Yosemite International Airport in

the amount of $777,667

Councilmember Arias moved this item to the Contested Consent Calendar

to discuss the Project Labor Agreement construction project.

Council discussion on this item included: participation for the Project Labor

Agreement; status of the parking garage; total cost and time of the parking

garage, and the design of the international area; funding for the bonds for

the project; $2 million adjustment to the project to accommodate the

international design.

Councilmember Arias directed staff to come back with a change order in the

amount of $2 million to adjust the design of the international area to include

more indoor waiting area.

APPROVED

On motion of Councilmember Arias, seconded by Councilmember

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

carried by the following vote:

Aye: 7 -

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

Bredefeld

Approve the grant agreement in the amount of $100,000 with the Fresno

Economic Opportunities Commission to support services provided by the

Fresno Economic Opportunities Commission LGBTQ+ Resource Center.

1.-G.

ID 23-281

Councilmember Bredefeld moved this item to the Contested Consent

Calendar to discuss the scope of work.

Council discussion on this item included: the agreement scope of work; the

Q-Closet; gender affirm guidance; age of those who are being guided;

parental consent for youth and unaccompanied minors; safe spaces; stress

busters; mindfulness workshops; sex positive supplies and education, and

funding assistance from the County of Fresno for mental health.

Councilmember Bredefeld spoke in opposition of the item and does not

support gender affirming agenda. Councilmember Bredefeld motioned to

deny the above item. The motion died for lack of second.

APPROVED

On motion of Council President Maxwell, seconded by

Councilmember Arias, that the above Action Item be APPROVED. The

motion carried by the following vote:

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

No: 1 - Bredefeld

***RESOLUTION - Authorizing and directing a grant application to the

ID 23-289

1.-K.

California Interagency Council on Homelessness (Cal ICH) for funding

under the Encampment Resolution Funding Program, round 2, second

disbursement (ERF-2-R) for actionable, person-centered local proposals

that resolve the experience of unsheltered homelessness for people

residing in encampments by addressing the safety and wellness of people

within encampments, resolve critical encampment concerns, and transition

individuals into interim shelter with clear pathways to permanent housing or

directly into permanent housing, using data informed, non-punitive,

low-barrier, person-centered, housing first, and coordinated approaches

and authorizing the City Manager to sign all required implementing

documents (Subject to Mayor’s veto)

Correction read into the record a change to the Staff Report and Resolution

should state, “The City wishes to submit an application to obtain an Cal ICH

allocation of ERF-2-R funding in the amount not to exceed $17,000,000”

Councilmember Arias moved this item to the Contested Consent Calendar

to discuss the grant and scope of work for the grant.

Council discussion on this item included: additional support services and

outreach for people utilizing warming and cooling centers and providing

permanent and transitional housing in downtown in a location where the

encampments exist.

RESOLUTION 2023-039 ADOPTED

On motion of Councilmember Arias, seconded by Vice President

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

the following vote:

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

Absent: 1 - Chavez

Authorize the City Manager to enter into a Lease Agreement between the

ID 23-292

1.-L.

City of Fresno and Tutelian Holdings I, L.L.C., a California Limited Liability

Company for office space at 2440 Tulare Street, Civic Center Square, for

the Housing and Community Development Division

Councilmember Arias moved this item to the Contested Consent Calendar

to discuss vacant city owned business for the office space.

Council discussion on this item included: temporary solution for the office

space; getting a great rate for the office space; address vacant commercial

buildings owned by the city, and occupy vacant city own property before

leasing.

APPROVED

On motion of Councilmember Arias, seconded by Councilmember

Karbassi, 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

Approve an agreement for Professional Engineering Services with PBK

ID 23-260

1.-O.

Architects, Inc. for $678,300, with a $60,000 contingency, for design and

construction support services for the 911 Emergency Call Center Project

(Council District 3)

Councilmember Arias moved this item to the Contested Consent Calendar

to discuss the timeline for award and completion.

Council discussion on this item included: property located on El Dorado and

G Street as the location; it will be new construction, and the FAX buildings

are old and need to be addressed.

APPROVED

On motion of Councilmember Arias, seconded by Councilmember

Karbassi, 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

RESOLUTION - Accepting the Fancher Creek Trail Plan (Council District

ID 23-270

1.-P.

Councilmember Chavez moved this item to the Contested Consent Calendar

to discuss the Bridal Creek Trail, the canal bank and the feasibility study.

RESOLUTION 2023-040 ADOPTED

On motion of Councilmember Chavez, seconded by Councilmember

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

the following vote:

Aye: 7 -

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

Bredefeld

Approve the award of a professional consulting services contract to

Transportation Management & Design, Inc. (TMD) of Carlsbad, California,

for Title VI analyses for a total not to exceed $185,000 over the course of

five years (RFP NO. 12300935)

1.-T.

ID 23-208

Councilmember Council President Maxwell moved this item to the

Contested Consent Calendar to get clarification on why the city is paying for

a consulting service.

Council discussion on this item included: keeping the consulting services

on retainer for the requirement contract; fair changes for calendar 2023;

service changes to increase frequency; ensuring compliances performing

equity analyses for all services changes that exceed Council-approved

threshold and required match to be sourced from FAX enterprise funds.

APPROVED

On motion of Council President Maxwell, seconded by

Councilmember Arias, that the above Action Item be APPROVED. The

motion carried by the following vote:

Aye: 7 -

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

Bredefeld

2. SCHEDULED COUNCIL HEARINGS AND MATTERS

10:00 A.M.

HEARING to adopt resolutions and ordinance to annex territory

and levy a special tax regarding City of Fresno Community

Facilities District No. 11, Annexation No. 136 (Final Tract Map

No. 6400) (southwest corner of East Clinton Avenue and North

Armstrong Avenue) (Council District 7)

ID 23-256

1. ***RESOLUTION - to Annex Territory to Community

Facilities District No. 11 and Authorizing the Levy of a

Special Tax for Annexation No. 136 (Subject to Mayor’s

Veto)

2. ***RESOLUTION - Calling Special Mailed-Ballot Election

(Subject to Mayor’s Veto)

3. ***RESOLUTION - Declaring Election Results (Subject to

Mayor’s Veto)

4. ***BILL - (For introduction and adoption) - Levying a

Special Tax for the Property Tax Year 2022-2023 and

Future Tax Years Within and Relating to Community

Facilities District No. 11, Annexation No. 136 (Subject to

Mayor’s Veto)

The above hearing was called to order at 11:33 A.M. Upon call, there was

no public comment for this item. The public comment period was closed at

11:33 A.M. There was no Council discussion.

RESOLUTION 2023-044 ADOPTED

RESOLUTION 2023-045 ADOPTED

RESOLUTION 2023-046 ADOPTED

BILL B-4 INTRODUCED/ADOPTED AS ORDINANCE 2023-004

On motion of Councilmember Arias, seconded by Councilmember

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

10:05 A.M.

Appearance by The People’s Fresno LLC to discuss preliminary license to

be reinstated to complete CUP process, the cannabis social equity

program, and social equity policy be changed (District 3 Resident)

ID 23-269

APPEARED

10:10 A.M.

Appearance by the Fresno Valley Dream Center

ID 23-283

APPEARED

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, THE

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF

THE CITY OF FRESNO, AND FRESNO REVITALIZATION

CORPORATION

10:15 A.M.

Actions pertaining to the disposition of approximately 2.28 acres generally

located at the southwest corner of Florence and Walnut and the northwest

corner of Florence and Plumas Avenue for development of a 14-unit

single-family affordable housing project:

ID 23-343

1. HEARING to consider disposition of property located at the southwest

corner of Florence and Walnut Avenue and northwest corner of

Florence and Plumas Avenue

2. ***RESOLUTION - Finding Substantial Community Benefits resulting

from the Amended and Restated Disposition and Development

Agreement that justify a price less than fair market value pursuant to

Fresno Municipal Code Section 4-204 relating the disposition of real

property (Subject to Mayor’s veto)

3. Approve an Amended and Restated Disposition and Development

Agreement between the City of Fresno in its capacity as Housing

Successor and Self-Help Enterprises

The above hearing was called to order at 1:34 P.M. Upon call, there was no

public comment. Executive Director Murphey and Director of Real Estate

Development with Self-Help Enterprises Betsy McGovern Garcia introduced

the item to council.

Councilmember Arias spoke in support of the item; it is one of 27 housing

projects in district 3 and acknowledged Project Liaison Cox for keeping the

project on schedule.

RESOLUTION 2023-037 ADOPTED

On motion of Councilmember Arias, seconded by Vice President

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

the following vote:

Aye: 7 -

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

Bredefeld

3. GENERAL ADMINISTRATION

***RESOLUTION - Adopt a Resolution of the Council of the City of Fresno,

3.-A.

ID 23-349

California, to Authorize the examination of sales or transactions and use

tax records by Fresno City Councilmembers (Subject to Mayor’s Veto)

Councilmember Arias and City Manager White introduced the above item to

Council. Upon call, there was no public comment.

Council discussion on this item included: if other jurisdiction require

Non-Disclosure Agreement; concerns with Confidential information being

weaponized; legal consequences of violations of confidentiality; confidential

material watermarked and held in the City Attorney's Office; criminal liability

for exposing confidential information; no cell phone assess when reviewing

confidential information;

City Attorney Janz is recommending against passing the resolution.

Councilmember Arias motioned to approve with the following amendment

that the information is watermarked with each council district.

RESOLUTION 2023-047 ADOPTED AS AMENDED

On motion of Councilmember Arias, seconded by Councilmember

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

motion carried by the following vote:

Aye: 5 - Esparza, Maxwell, Perea, Arias and Chavez

No: 2 - Karbassi and Bredefeld

WORKSHOP - FY 2023 Mid-Year Budget Review

ID 23-316

3.-B.

The above workshop was presented to Council by Director Fierro.

Council discussion on this item included: revenue generated from cannabis

dispensaries; the reasons for the delays for getting cannabis dispensaries

online; apply changes retro actively for cannabis license; the life of a

conditional use permit; a list of capital projects that are incomplete; property

tax and request to contact the County Assessor's Office to see if we should

be getting more property tax; request a list of capital funds projects from

Public Works, PARCs, and ARPA; annual transfer changes / discrepancies;

the status of the Community Benefits Commission; discussion on the

number of dispensaries per district; Slide 5 net ending balance approved

commitments budgeted in Fiscal Year 23; the pending ARPA

reimbursements; cannabis market; carryover of infrastructure projects in

council districts; requested a list of all projects that were not established in

the adopted budget but through and AAR amendment and how much each

cost; the amount of city revenue generated by Club One Casino; the safe

guard for cannabis licenses set to expired annually once the cannabis

permit is not used; a request for legal advice on the status of the cannabis

licenses; funds in the reserve and requirements of the Management

Reserve Act; AirBnB fees collected; a request to legal council on what is

need to make automated collection from AirBnB; list of vacant positions

within city departments and the length the positions have been vacant;

requested information on the amount of savings if there was a hiring freeze;

reduction in sales tax; how projections are made; generated room tax from

the convention center; the project of franchise fees; extra funds in the

budget; and assessment on investors for cannabis.

PRESENTED

4. CITY COUNCIL

5. CLOSED SESSION

During open session, City Attorney Janz announced the items that would be

discussed in closed session.

Council withdrew from open session to hear closed session items at 4:24

P.M.

5.-A.

5.-B.

5.-C.

ID 23-123

CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION

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

Christina Hernandez, et al. v. City of Fresno, et al; Fresno County

Superior Court Case No.: 20CECG00052

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

session announcements regarding this item.

DISCUSSED

ID 23-129

CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION

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

Douglas Hecker, et al. v. City of Fresno; Fresno County Superior Court

Case No.: 18CECG01593

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 23-304

Government Code Section 54956.9, subdivision (d)(1) Terance Frazier, et

al. v. City of Fresno, et al.; United States District Court Case No.:

1:20-CV-01069

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

session announcements regarding this item.

DISCUSSED

CONFERENCE WITH LEGAL COUNSEL- POTENTIAL EXPOSURE TO

LITIGATION: Government Code Section 54956.9(d)(2): Central Valley

NMTC Fund, LLC., v. City of Fresno

5.-D.

ID 23-305

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

session announcements regarding this item.

DISCUSSED

CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Government

ID 23-354

5.-E.

Code Section 54956.8

Property: 2487 South Walnut Avenue, Fresno, CA 93706 (APN

479-050-04)

Negotiating Parties: City Manager; Ruth McDonald and Florine Parish

Under negotiations: Price and terms of property acquisition

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

session announcements regarding this item.

DISCUSSED

CONFERENCE WITH LABOR NEGOTIATORS - Government Code

ID 23-313

5.-F.

Section 54957.6

City Negotiators: TJ Miller

Employee Organization: Fresno City Employees Association (FCEA), for

Unit 3 - Non-Supervisory White Collar, regarding Emergency Services

Dispatcher.

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

session announcements regarding this item.

DISCUSSED

CONFERENCE WITH LABOR NEGOTIATORS - Government Code

ID 23-321

5.-G.

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,