City of Fresno  
2600 Fresno Street  
Fresno, CA 93721  
www.fresno.gov  
Meeting Minutes  
Thursday, September 29, 2022  
9:00 AM  
Regular Meeting  
Council Chambers (In Person And/Or Electronic)  
City Council  
President - Nelson Esparza  
Vice President - Tyler Maxwell  
Councilmembers:  
Esmeralda Z. Soria, Mike Karbassi, Miguel Angel Arias, Luis Chavez,  
Garry Bredefeld  
City Manager - Georgeanne A. White  
Interim City Attorney - Rina Gonzales  
City Clerk - Todd Stermer, CMC  
The City Council for the City of Fresno convened in regular session on September  
29, 2022, at 9:00 A.M.  
9:00 A.M. ROLL CALL  
Councilmember Soria was absent during roll call and joined the meeting at  
9:16 A.M.  
Present: 7 -  
Council President Nelson Esparza  
Vice President Tyler Maxwell  
Councilmember Esmeralda Z. Soria  
Councilmember Mike Karbassi  
Councilmember Miguel Angel Arias  
Councilmember Luis Chavez  
Councilmember Garry Bredefeld  
Invocation  
The invocation was led by Father Byron Macias of St. Paul Catholic  
Newman Center.  
Pledge of Allegiance to the Flag  
Vice President Maxwell led the Pledge of Allegiance.  
APPROVE AGENDA  
A special closed session meeting was separately noticed for 12:00 P.M.  
regarding Public Employee Performance Evaluation for the City Controller  
(ID 22-1536).  
During approval of the agenda, Councilmember Arias motioned to keep  
Closed Session item 5-I (ID 22-1476) on the agenda after it had been  
removed by Councilmember Karbassi. The motion included direction to  
move City Council item 4-A (ID 22-1501) to closed session for discussion  
with 5-I (ID 22-1476). Council President Esparza announced a conflict with  
Closed Session item 5-I (ID 22-1476) and left the Council Chamber for the  
discussion and vote. Councilmember Soria seconded the motion which  
PASSED 5-1 by the following vote:  
Aye (5): Soria, Arias, Chavez, Bredefeld, Maxwell  
No (1): Karbassi  
Recused (1): Esparza  
City Clerk Stermer announced the following changes to the agenda:  
Consent Calendar item 1-C (ID 22-1436) regarding a lease agreement with  
John Tomaino - announced an amendment to the Tomaino lease as follows:  
the monthly rent shall be increased to the fair market value for leased  
space, which shall be $1,833.33, commencing on year two of the term  
lease.  
Consent Calendar item 1-I (ID 22-1505) regarding flags and ceremonial  
lighting at city facilities – announced the flag of El Salvador had been added  
to the resolution approving the list of honorary flag raisings for Fiscal Year  
2023. He announced updated support material had been distributed as a  
supplement.  
Consent Calendar item 1-TT (ID 22-1502) regarding public education  
services for Measure "M" and Measure "C" – announced a correction that  
the dollar amount of the JSA contract was not to exceed $200,000 and dollar  
amount for the LGSC contract was not to exceed $450,000. He announced  
a revised staff report had also been distributed as a supplement for this  
item.  
10:20 AM Scheduled item (ID 22- 1445) regarding Vesting Tentative Tract  
Map No. 6345 and the related environmental assessment - announced the  
Department of Public Utilities (DPU) memorandum dated April 29, 2022,  
had been superseded by a revised DPU memorandum dated September 22,  
2022. The revised memorandum removed the requirement of the  
construction of a well site for Vesting Tentative Tract Map No. 6345. As  
such, Condition No. 64, within Exhibit "K," was revised to state, "[c]omply  
with all of the requirements included within the attached Public Utilities  
Department memorandum dated September 22, 2022." He announced the  
revised exhibits had been distributed as a supplement for this item.  
Councilmember Arias registered a "no" vote on Consent Calendar items 1-I  
(ID 22-1505), regarding flags and ceremonial lighting at city facilities, and  
1-QQ (ID 22-1347), regarding emergency conditions and remote  
teleconferencing.  
Council President Esparza announced conflicts with Closed Session items  
5-I (ID 22-1476) and 5-J (ID 22-1425) and recused himself from those items.  
THE FOLLOWING CONSENT CALENDAR ITEMS WERE REMOVED  
FROM THE AGENDA  
1-H (ID 22-1434) regarding the 573rd amendment to the Master Fee  
Schedule - tabled to October 13, 2022, by staff.  
1-L (ID 22-1313) regarding the 2021 SAFER grant - tabled by staff with no  
specific return date.  
1-W (ID 22-1367) regarding use of Parking Garage 7 - tabled to October 13,  
2022, by Councilmember Arias.  
1-DD (ID 22-1421) regarding Community Facilities District 18 - tabled to  
October 13, 2022 by staff.  
1-FF (ID 22-1450) regarding the Artistic Crosswalk Policy - tabled by  
Councilmember Arias with no specific return date.  
1-OO (ID 22-1420) regarding business hours for pawn brokers and  
secondhand dealers - tabled to October 13, 2022, by Councilmember Arias  
with direction to provide an exception from the ordinance for electronic  
retail/resale businesses.  
THE FOLLOWING ITEMS WERE MOVED FROM THE CONSENT  
CALENDAR TO THE CONTESTED CONSENT CALENDAR FOR  
FURTHER DISCUSSION  
1-B (ID 22-1405) regarding a solar energy power purchase agreement with  
Energea Fresno LLC - moved to Contested Consent by Councilmember  
Arias.  
1-G (ID 22-1388) regarding auditing sales tax records - moved to Contested  
Consent by Councilmember Arias.  
1-N (ID 22-1422) regarding a purchase contract for three Villager Trolley  
buses - moved to Contested Consent by Vice President Maxwell and  
Councilmember Arias.  
1-S (ID 22-1454) regarding translation and interpretation services - moved  
to Contested Consent by Councilmember Arias.  
1-T (ID 22-1496) regarding solar projects at PARCS and Public Safety sites  
- moved to Contested Consent by Councilmember Arias.  
1-V (ID 22-1419) regarding an amendment to the FY 2023 Salary Resolution  
- moved to Contested Consent by Councilmember Arias.  
1-CC (ID 22-1389) regarding the Veterans Boulevard North Extension  
Project - moved to Contested Consent by Councilmember Soria.  
1-HH (ID 22-1453) regarding the submission of a grant application to the US  
Department of Transportation - moved to Contested Consent by  
Councilmember Arias.  
1-KK (ID 22-1415) regarding Title VI Fare Equity Analyses – moved to  
Contested Consent by Vice President Maxwell.  
1-LL (ID 22-1372) regarding solar projects at Department of Transportation  
sites - moved to Contested Consent by Councilmember Arias.  
1-TT (ID 22-1502) regarding Measure "M" and Measure "C" - moved to  
Contested Consent by Councilmember Arias.  
1-WW (ID 22-1495) regarding the Hye Project - moved to Contested  
Consent by Councilmember Karbassi.  
On motion of Councilmember Soria, seconded by Vice President  
Maxwell, the agenda was APPROVED AS AMENDED. The motion  
carried by the following vote:  
Aye: 6 - Esparza, Maxwell, Soria, Arias, Chavez and Bredefeld  
No: 1 - Karbassi  
CEREMONIAL PRESENTATIONS  
Proclamation for “Latino Heritage Month”  
ID 22-255  
PRESENTED  
Proclamation for “Centro La Familia’s 50th Anniversary”  
ID 22-1494  
PRESENTED  
Proclamation for “Sons of Italy 100th Anniversary”  
ID 22-1408  
PRESENTED  
COUNCILMEMBER REPORTS AND COMMENTS  
Councilmember Soria made several announcements. There would be a  
Neighborhood Blitz cleanup event with Beautify Fresno near Wilson  
Elementary and Cooper Middle School on October 1. A community meeting  
would be held at Steinbeck Elementary School to discuss the future Dakota  
Milburn park on October 11. She asked the administration for assistance to  
abate the horrendous conditions of the property on Ashlan Avenue that had  
been acquired by the City for Fire Station 12.  
Councilmember Karbasi was attending the Council meeting remotely from  
Armenia and reported on his trip. He visited the Holy See, located in  
Etchmiadzin, a Sister City to Fresno. He met with Etchmiadzin Mayor,  
Diana Gasparyan, and US Ambassador, Lynne Tracy. He asked for support  
for Armenia as the country was still experiencing the horrors of war.  
Councilmember Arias made announcements. The electric vehicle charging  
stations that had been repaired were still not powered on. Thanks to many  
people, the Fiestas Patrias was a successful event the previous Saturday.  
He asked the administration for an update on the return of artwork to Fulton  
Street.  
Councilmember Chavez announced the start of The Big Fresno Fair and the  
artists that would be performing. He discussed the preparations made to the  
Kings Canyon corridor for the event.  
Councilmember Bredefeld reported on the pending completion of the Public  
Safety Memorial and the unveiling planned for November 2, 2022.  
Vice President Maxwell made several announcements. Public Works was  
continuing to trim trees, pave roads and repair sidewalks in Council District  
4. There was a recent Neighbors Night Out event at University Park were  
members of the Central Policing District were introduced to residents. X  
Lanes at Fashion Fair Mall had been awarded the "September Business of  
the Month." Robinson Elementary students were provided a tour of City Hall  
by the District 4 Councilmember. There was a ground breaking for 57 units  
of studio apartments as part of a mixed use infill development near  
California State University, Fresno. The "Little Free Library" initiative had  
begun in District 4 and there were plans to incorporate every neighborhood  
in Council District 4. Vice President Maxwell was part of a recent Honor  
Flight to help welcome back veterans who had been flown to Washington  
DC to visit war memorials and meet politicians. He attended the annual  
League of Cities event and collaborated with other politicians with plans to  
establish Youth Caucus to give millennial legislators a larger seat at the  
table.  
President Esparza announced his attendance at the National League of  
Cities. He also announced that a successful Beautify Fresno event took  
place the previous weekend at Leavenworth Elementary. The Council  
President also attended a community meeting regarding the reshaping of  
boundaries for Parking District 10.  
MAYOR/MANAGER REPORTS AND COMMENTS  
Mayor Dyer reported his plan to attend the upcoming Neighborhood Blitz  
cleanup event in District 1. He reported on his travels to Vienna, with  
numerous politicians and representatives from California, to discuss ways to  
address the housing crisis. He mentioned the Women's Conference that  
was recently held in Downtown Fresno. He reported on his meeting with  
Congressman Costa to discuss various housing and homeless initiatives in  
the City of Fresno. He also discussed the plans for the Manchester Center  
mixed use development that would include 522 housing units.  
City Manager White made several announcements. In response to  
Councilmember Soria, she reported City staff had started cleaning up  
Station 12 the week before last and the remaining issues would be resolved  
the following week. The administration had provided several memos to  
Council regarding: the work begun by the highway litter contractor; the  
status of the South Central Specific Plan update; an update for the SB1383  
Utility Rate Study; the status of the park irrigation repairs for greening of  
City parks; answers to Council questions from the mixed use text  
amendment workshop; the status on the Planning Building and Safety  
Operations Improvement update; the One Fresno housing Strategy update,  
and; the fiscal impact from delays to the solar projects.  
UNSCHEDULED COMMUNICATION  
The following members of the public addressed Council: Fernando Paul  
Elizando, Mary Padilla, Kay Bertken, Gloria Hernandez, Yvonne Gordon,  
Hester Hensley, Gene Harrison, Rosa Garcia, Richard Marquez Jr.,  
anonymous speaker, Dez Martinez, Alfredo Molina, Kevin Hall, Jason  
Martinez, Karla Martinez, Cindy Piombino, Lisa Flores, Anthony Molina,  
Robert McCloskey, Eric Payne, Janet Corza-Lara, Brandi Nuse-Villegas,  
Cristina Barrios Garcia, George Bursik and Brunette Harris.  
Public Comment received for September 29, 2022, Regular Meeting  
ID 22-1564  
City Council recessed for lunch at 12:02 P.M. and resumed the meeting at 1:42 P.M.  
City Council also recessed for dinner at 7:55 P.M. and resumed the meeting at 8:41  
P.M.  
1. CONSENT CALENDAR  
APPROVAL OF THE CONSENT CALENDAR  
On motion of Vice President Maxwell, seconded by Councilmember  
Bredefeld, the CONSENT CALENDAR was herby adopted by the  
following vote:  
Aye: 6 - Esparza, Maxwell, Karbassi, Arias, Chavez and Bredefeld  
Absent: 1 - Soria  
Approve minutes for August 31, 2022 Special Meeting, September 1,  
2022, Regular Meeting.  
1.-A.  
1.-C.  
ID 22-1409  
APPROVED ON CONSENT CALENDAR  
Actions related to the Lease Agreement with John Tomaino, an individual,  
ID 22-1436  
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 Lease Agreement (Lease) 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 $57,203.16. (Council District 3)  
During approval of the agenda, the following amendment from  
Councilmember Arias was read into the record: the monthly rent shall be  
increased to the fair market value for leased space, which shall be  
$1,833.33, commencing on year two of the term lease.  
APPROVED AS AMENDED  
APPROVED ON CONSENT CALENDAR  
1.-D.  
ID 22-1458  
Approve a consultant services agreement with Unison Consulting, Inc., to  
provide professional services for Financial Feasibility Report for bond  
financing of the Fresno Yosemite International Airport Terminal Expansion  
not to exceed $200,000. (Council District 4)  
APPROVED ON CONSENT CALENDAR  
Approve the Second Amendment to the Design Contract with Q&D  
ID 22-1463  
1.-E.  
1.-F.  
Construction for additional preconstruction services required for the Fresno  
Yosemite International Airport Terminal Expansion Project in the amount of  
$1,378,974.00 (Council District 4)  
APPROVED ON CONSENT CALENDAR  
Actions pertaining to Air Service Development at Fresno Yosemite  
ID 22-1364  
International Airport:  
1. Uphold the City Manager’s finding that InterVISTAS Consulting  
Group, Inc. is uniquely qualified vendor for Air Service Development  
at Fresno Yosemite International Airport (FAT)  
2. Approve an agreement with InterVISTAS Consulting Group, Inc. for  
Air Service Development at FAT  
APPROVED ON CONSENT CALENDAR  
***RESOLUTION - Adopt the 573rd Amendment to the Master Fee  
ID 22-1434  
1.-H.  
Schedule Resolution No. 80-420 to add and revise various fees for the  
Tower Theater in the General Government Section (Subject to Mayor’s  
Veto)  
The above item was removed from the agenda by staff and tabled to  
October 13, 2022.  
TABLED  
Actions pertaining to flags and ceremonial lighting at City facilities:  
ID 22-1505  
1.-I.  
1. ***RESOLUTION - Providing for honorary flag raising and lighting at  
City facilities (Subject to Mayor’s Veto)  
2. ***RESOLUTION - Approving list of Honorary Flag Raising and/or  
Light Events for Fiscal Year 2023 (Subject to Mayor’s Veto)  
Councilmember Bredefeld registered a "no" vote on the above item. This  
item passed 5-1 by the following vote:  
Aye (5): Karbassi, Arias, Chavez, Maxwell, Esparza  
No (1): Bredefeld  
Absent (1): Soria  
RESOLUTION 2022-201 ADOPTED  
RESOLUTION 2022-202 ADOPTED  
APPROVED ON CONSENT CALENDAR  
***Resolution  
Appropriation  
-
Adopt  
Resolution  
the11th  
(AAR)  
Amendment  
to  
the  
Annual  
1.-J.  
1.-K.  
1.-L.  
ID 22-1442  
No 2022-154 establishing  
appropriations in the amount of $975,000 for Fire Department Station  
12 Design and Engineering. (Requires 5 affirmative votes)(Subject to  
Mayor’s Veto)  
RESOLUTION 2022-203 ADOPTED  
APPROVED ON CONSENT CALENDAR  
Approve acceptance of 2021 Assistance to Firefighters Grant (AFG)  
ID 22-1387  
Award in the amount of $260,250, requiring a City match of $23,660.  
1. ***RESOLUTION - Authorizing the acceptance of the 2021 AFG  
grant and authorizing completion and submission of all required  
documents (Subject to Mayor’s veto)  
RESOLUTION 2022-204 ADOPTED  
APPROVED ON CONSENT CALENDAR  
***RESOLUTION - Authorize the acceptance of 2021 Staffing for Adequate  
ID 22-1313  
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 removed from the agenda by staff with no specific  
return date.  
TABLED  
Approve the award of a citywide requirements contract to Office Depot,  
ID 22-1397  
1.-M.  
1.-O.  
LLC for five years with two one-year optional extensions for the purchase of  
office supplies, in the amount of $750,000 per year plus annual CPI  
increases. (Bid File 9621)  
APPROVED ON CONSENT CALENDAR  
Approve the award of a purchase contract to Fire Apparatus Solutions of  
ID 22-1464  
Rialto, California, for the purchase of one SVI Incident support, and one SVI  
Hazmat heavy fire apparatus in the amount of $2,214,297 for the Fresno  
Fire Department  
APPROVED ON CONSENT CALENDAR  
Approve the award of a purchase contract to 72 Hour LLC of Watsonville,  
1.-P.  
1.-Q.  
1.-R.  
ID 22-1471  
California, for the purchase of 80 Dodge Durango marked patrol vehicles  
in the amount of $3,619,710.04 for the Police Department (Bid File  
12300303)  
APPROVED ON CONSENT CALENDAR  
Approve the award of a purchase contract to Golden State Fire Apparatus  
ID 22-1472  
Inc. of Sacramento, California, for the purchase of two Boise Mobile  
Equipment type-six wildland fire engines in the amount of $682,757 for the  
Fresno Fire Department  
APPROVED ON CONSENT CALENDAR  
Actions pertaining to the Pilibos Park Irrigation Pump Controller and Turf  
ID 22-1398  
Replacement Project:  
1. Adopt finding of a Categorical Exemption pursuant to Section  
15301 Existing Facilities of the California Environmental Quality Act  
(CEQA) Guidelines  
2. Award a construction contract to Clean Cut Landscape Inc. of  
Clovis, CA in the amount of $598,955 for the construction of the  
Pilibos Park Irrigation Pump Controller and Turf Replacement  
Project (Bid File 3877) (District 5)  
3. Authorize the Director of General Services or designee to execute  
all related documents.  
APPROVED ON CONSENT CALENDAR  
***RESOLUTION - Adopt the Fourth Amendment to the FY 2023 Salary  
1.-U.  
ID 22-1444  
Resolution No. 2022-152, amending Exhibit 3, Unit 3, Non-Supervisory  
White Collar (FCEA) by adding the new classification of Park Ranger I,  
Park Ranger II and Senior Park Ranger and providing a salary step plan  
range for the respective classifications, effective October 3, 2022 (Subject  
to Mayor’s Veto)  
RESOLUTION 2022-205 ADOPTED  
APPROVED ON CONSENT CALENDAR  
Actions pertaining to the use of Parking Garage 7:  
1.-W.  
ID 22-1367  
1. Adopt a finding of Categorical Exemption pursuant to Section  
15301 (Existing Facilities) of the California Environmental Quality  
Act Guidelines.  
2. Approve the Second Amendment to the License Agreement  
between the City of Fresno, and T-Mobile West, LLC., to license  
use of certain real property, together with access and utility rights  
located at the Fresno City Parking Garage 7 (801 Van Ness  
Avenue, Fresno, CA 93721) for four (4) five-year terms and total  
contract revenue of $436,920 (District 3)  
The above item was removed from the agenda by Councilmember Arias and  
tabled to October 13, 2022.  
TABLED  
Approve the Agreement with Mental Health Systems (MHS) to operate the  
ID 22-1399  
1.-X.  
1.-Y.  
Fresno HOME as a low-barrier emergency homeless shelter in the total  
amount of $981,908.68 using Homeless Housing Assistance and  
Prevention (HHAP) funds and authorize the City Manager or designs to  
sign all implementing documents as approved to form by the City Attorney.  
APPROVED ON CONSENT CALENDAR  
Approve the fourth Amendment to the Agreement with Turning Point of  
ID 22-1417  
Central California, Inc., to increase the number of beds from 50 to 100 for  
triage center services at the Golden State Triage Center using HHAP  
funds.  
APPROVED ON CONSENT CALENDAR  
Approve the third Amendment to the Agreement with Turning Point of  
ID 22-1466  
1.-Z.  
Central California, Inc., for triage center services at the Journey Home  
Triage Center.  
APPROVED ON CONSENT CALENDAR  
Actions pertaining to the 2023 Selective Traffic Enforcement Program  
ID 22-1429  
1.-AA.  
(STEP) grant  
1. ***Authorize the Chief of Police to accept $500,000 in grant funding for  
the 2023 STEP grant awarded to the Fresno Police Department from  
the National Highway Traffic Safety Administration (NHTSA) through the  
California Office of Traffic Safety (OTS)(Subject to Mayor’s Veto)  
2. Authorize the Chief of Police or his designee to execute the agreement,  
extensions and all related documentation applicable to the 2023 STEP  
grant  
3. ***RESOLUTION - Adopt the 9th Amendment to the Annual  
Appropriation Resolution (AAR) No. 2022-154 appropriating $375,000  
for the Police Department’s STEP grant (Requires five affirmative  
votes) (Subject to Mayor’s veto).  
RESOLUTION 2022-207 ADOPTED  
APPROVED ON CONSENT CALENDAR  
Bicycle and Pedestrian Advisory Committee (BPAC) Semi-Annual Report  
ID 22-1265  
1.-BB.  
(October 2021 through April 2022) (Citywide)  
APPROVED ON CONSENT CALENDAR  
RESOLUTION - Of Intention to Establish a Community Facilities  
District (Community Facilities District No. 18 - Public Safety  
Services) and future annexation area and to Authorize the Levy  
of a Special Tax; and setting the public hearing for Thursday,  
November 3, 2022, at 10:00 am (Tract 6310, near the northwest  
corner of Dakota and Polk Avenues; and Tract 6234, southwest  
corner of Dakota and Hayes Avenues; future annexation area  
encompasses entire City of Fresno) (Citywide)  
1.-DD.  
ID 22-1421  
The above item was removed from the agenda by staff and tabled to  
October 13, 2022.  
TABLED  
1.-EE.  
ID 22-1390  
Approve an agreement for Professional Engineering Services with Provost  
and Pritchard Consulting Group for $1,650,000, with  
a
$62,500  
contingency, for design and construction support services for the River  
West Eaton Trail Extension Project (Council District 2)  
APPROVED ON CONSENT CALENDAR  
***RESOLUTION - Adopting the Artistic Crosswalk Policy (Subject to  
Mayor’s veto)  
1.-FF.  
ID 22-1450  
The above item was removed from the agenda by Councilmember Arias  
with no specific return date.  
TABLED  
Actions pertaining to the Barton Avenue and Florence Avenue  
ID 22-1451  
1.-GG.  
Improvements Project at Calwa Park - Bid File 3831 (Council District 5):  
1. Adopt a finding of Categorical Exemption per staff determination  
pursuant to Section 15301/Class 1 and 15302 Class 2 of the California  
Environmental Quality Act (CEQA) Guidelines  
2. Award a construction contract in the amount of $636,396 to Terra West  
Construction of Clovis, California  
APPROVED ON CONSENT CALENDAR  
1.-II.  
ID 22-1394  
Actions pertaining to the North Avenue sewer trunk main realignment  
(Council Districts 3 and 5)  
1. RESOLUTION - Adopt Resolution authorizing an exception to the formal  
bidding procedures and award  
a
sole source signal relocation  
agreement with Burlington Northern Santa Fe Railway Company  
2. Award a signal relocation agreement in the amount of $379,906 with  
Burlington Northern Santa Fe Railway Company for the relocation of  
signal equipment that conflicts with the North Avenue sewer trunk  
main realignment  
RESOLUTION 2022-210 ADOPTED  
APPROVED ON CONSENT CALENDAR  
1.-JJ.  
ID 22-1404  
Approve the First Amendment to the consultant services agreement with  
SEAM Group, LLC, to increase the compensation by $150,000, for a total  
amended contract amount not to exceed $387,200, inclusive of a $20,000  
contingency, for the Occupational Safety and Health Administration  
Compliant Lockout-Tagout Program for electrical and mechanical  
equipment at the Fresno-Clovis Regional Wastewater Reclamation Facility  
(Council District 3)  
APPROVED ON CONSENT CALENDAR  
Approve the cooperative purchase of fourteen (14) medium-accessible  
paratransit cutaway unleaded vehicles from Houston-Galveston Area  
Council (H-GAC) for the Department of Transportation/FAX, in the amount  
of $1,768,955.35  
1.  
ID 22-1473  
-MM.  
APPROVED ON CONSENT CALENDAR  
Approve the Sixth Amendment to the professional consultant agreement  
1.-NN.  
ID 22-1285  
with Stantec Architecture, Inc., to incorporate additional design due to  
differing as-built conditions, future facility needs, and project grant and  
compliance requirements for the Department of Transportation/Fresno  
Area Express Division Facility Improvement Project in the amount of  
$19,467.00 and authorize the Director of Transportation or designee to  
execute all related documents  
APPROVED ON CONSENT CALENDAR  
BILL (for introduction) - Repealing Section 9-609 of the Fresno Municipal  
1.-OO.  
ID 22-1420  
Code relating to the business hours of pawnbrokers and secondhand  
dealers.  
The above item was removed from the agenda by Councilmember Arias and  
tabled to October 13, 2022, with direction to provide an exception from the  
ordinance for electronic resale retail businesses.  
TABLED  
Approve the appointment of Lois White Murphy to the Council District 6  
ID 22-1443  
1.-PP.  
1.-QQ.  
Project Review Committee.  
APPROVED ON CONSENT CALENDAR  
***RESOLUTION - Confirming emergency conditions continue to directly  
ID 22-1374  
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. This  
item passed 5-1 by the following vote:  
Aye (5): Karbassi, Arias, Chavez, Maxwell, Esparza  
No (1): Bredefeld  
Absent (1): Soria  
RESOLUTION 2022-211 ADOPTED  
APPROVED ON CONSENT CALENDAR  
***RESOLUTION - Establishing a policy for City cooling and warming centers  
(Subject to Mayor’s Veto)  
1.-RR.  
ID 22-1423  
RESOLUTION 2022-212 ADOPTED  
APPROVED ON CONSENT CALENDAR  
Approve the appointment of Elisa Rivera to the City of Fresno Women’s  
ID 22-1499  
1.-SS.  
1.-UU.  
Commission.  
APPROVED ON CONSENT CALENDAR  
***RESOLUTION - Directing the donation and transfer of Southern Pacific  
ID 22-1503  
Engine 1238 (Subject to Mayor’s Veto)  
RESOLUTION 2022-213 ADOPTED  
APPROVED ON CONSENT CALENDAR  
Joint Meeting of The City Council, The City in Its Capacity as  
Housing Successor to the Redevelopment Agency of the City of  
Fresno and The Fresno Revitalization Corporation  
Actions pertaining to the disposition of the 8-acre property located at the  
southeast corner of East Florence and South Plumas Avenues (APN  
477-060-04T) (District 3).  
1.-VV.  
ID 22-1468  
1. ***Resolution - Declaring property at the southeast corner of East  
Florence and South Plumas Avenues to be exempt surplus land and  
directing staff to comply with the Surplus Land Act (Subject to Mayor’s  
Veto)  
2. Resolution - Finding good cause and clear and convincing benefit to the  
public to vary from the Request for Proposals process pursuant to FMC  
Section 4-204 (Requires 5 Affirmative Votes)  
RESOLUTION 2022-214 ADOPTED  
RESOLUTION 2022-215 ADOPTED  
APPROVED ON CONSENT CALENDAR  
CONTESTED CONSENT CALENDAR  
Actions pertaining to Solar Energy Power Purchase Agreements with  
1.-B.  
ID 22-1405  
Energea Fresno LLC at Fresno Yosemite International Airport (Council  
District 4):  
1. Adopt finding of a Categorical Exemption pursuant to Section  
15301 of the California Environmental Quality Act Guidelines  
2. Approve the Amended and Restated Solar Energy Power Purchase  
Agreement (SGIP) between Energea Fresno LLC and the City of  
Fresno for the 1,000 kW (AC) solar photovoltaic system  
3. Approve the Amended and Restated Solar Energy Power Purchase  
Agreement (CSI) between Energea Fresno LLC and the City of  
Fresno for the 1,000 kW (AC) solar photovoltaic system under the  
CSI rules  
Councilmember Arias moved this item to Contested Consent and was  
concerned by the precedent that would be set by not holding the vendor  
responsible under the previous contract and allowing an additional 20 years  
for the vendor to recapture the cost of replacing the panels through the  
current agenda item.  
There was no staff presentation for the above item. City Manager White,  
Assistant City Manager Barfield, Airports Director Thompson, and Public  
Works Director Mozier responded to questions.  
Council discussion included: the reason for solar panel failures at the  
airport; the use of long term contracts; warranty requirements; possible  
remedies under contract law; the benefits of a Request for Proposal (RFP)  
in this situation; non-local companies hiring local people; the potential  
impacts of not approving this item; pending changes to Net Energy Metering  
(NEM) rules; having a lobbyist advocate with the California Public Utilities  
Commission; why solar energy rates may become more expensive;  
timelines to complete an RFP; the need to see a finance to own option  
compared to a power purchase agreement.  
Councilmember Karbassi requested a memorandum from the administration  
on how the lobbyist would advocate for the City of Fresno on the NEM  
issue.  
Councilmember Arias motioned to REJECT the item with direction to pursue  
an RFP as quickly as possible and for staff to provide the comparisons of a  
finance to own option against a power purchase agreement.  
REJECTED WITH DIRECTION TO STAFF  
On motion of Councilmember Arias, seconded by Councilmember  
Soria, that the above Action Item be REJECTED with direction to staff.  
The motion carried by the following vote:  
Aye: 4 - Esparza, Maxwell, Soria and Arias  
No: 2 - Karbassi and Bredefeld  
Abstain: 1 - Chavez  
Actions pertaining to auditing sales tax records:  
ID 22-1388  
1.-G.  
1. ***RESOLUTION - Authorizing the examination of sales or  
transactions and use tax records (Subject to Mayor’s  
veto);  
2. Approve the Second Amendment and Resolution to the  
consultant services agreement with MuniServices, LLC  
(MuniServices) authorizing MuniServices to access and  
examine sales tax records from the California  
Department of Tax and Fee Administration (CDTFA)  
that correspond to the Fresno Clean and Safe  
Neighborhood Parks Tax - Measure P, as well as  
authorize the Controller, or designee, to sign the  
Second Amendment on behalf of the City  
Councilmember Arias moved this item to Contested Consent and raised  
concerns about the amount of time it takes the administration to release the  
vendor analysis and data to the City Council and other bodies.  
There was no staff presentation on the above item. City Manager White and  
Budget Manager Fierro responded to questions.  
RESOLUTION 2022-200 ADOPTED  
On motion of Councilmember Arias, seconded by Vice President  
Maxwell, that the above Action Item be ADOPTED. The motion carried  
by the following vote:  
Aye: 7 -  
Esparza, Maxwell, Soria, Karbassi, Arias, Chavez and  
Bredefeld  
Approve the award of a purchase contract to Hometown Trolley of  
1.-N.  
ID 22-1422  
Crandon, Wisconsin for the purchase of three Villager Trolley buses in the  
amount of $865,664 for the General Services Department  
Vice President Maxwell and Councilmember Arias moved this item to  
Contested Consent. Vice President Maxwell expected to see continued  
efforts to offer zero fare transportation through the Kaiser Grant to senior  
citizens, Medicare recipients and to people with disabilities.  
Councilmember Arias expressed concerns over complications with  
Conditional Use Permits and how DUI's were tracked back to  
establishments.  
There was no staff presentation on the above item. General Services  
Director Barr, Assistant City Manager Barfield and Mayor Dyer responded to  
questions.  
Council discussion included: the operational plan for the trolley buses;  
complications concerning Conditional Use Permits and how police track  
DUI's to the last establishment visited; balancing public transportation  
options for the most vulnerable and for people seeking entertainment;  
projected ridership and the annual cost of operation; the affordability of  
ridesharing compared to free public transportation; operation of the trolley  
buses under the General Services Department as opposed to the  
Transportation Department; approaching deadlines to lock in the best rate  
for the trolley purchases; the ability to reach the trolley destinations through  
Fresno Area Express bus routes with transfers; fairness to other parts of the  
city not covered by the trolleys; discussions with Amalgamated Transit  
Union (ATU) members, and; ATU working under contract with the Economic  
Opportunities Commission.  
Councilmember Maxwell motioned to approve this item contingent on the  
operating plan going through the Transportation Subcommittee and then to  
Council for approval.  
APPROVED WITH DIRECTION  
On motion of Vice President Maxwell, seconded by Councilmember  
Arias, that the above Action Item be APPROVED with direction. The  
motion carried by the following vote:  
Aye: 4 - Esparza, Maxwell, Soria and Arias  
No: 3 - Karbassi, Chavez and Bredefeld  
Actions pertaining to Citywide Translation and Interpretation Services on  
an as-needed/on-demand Basis:  
1.-S.  
ID 22-1454  
1. Approve an agreement with Deaf and Hard of Hearing Service Center  
authorizing expenditures not-to-exceed $300,000 over a two-year  
period  
for  
professional  
American  
Sign  
Language  
(ASL)  
interpretation services on an as-needed/on-demand basis;  
2. Approve an agreement with Focus Language authorizing expenditures  
not-to-exceed $800,000 over a two-year period for professional  
translation and interpretation services on an as-needed/on-demand  
basis;  
3. Approve an agreement with Hanna Interpreting Services LLC  
authorizing expenditures not-to-exceed $800,000 over a two-year  
period for professional translation and interpretation services on an  
as-needed/on-demand basis;  
4. Approve an agreement with Translating Services, Inc. DBA Lazar  
Translating & Interpreting authorizing expenditures not-to-exceed  
$800,000 over a two-year period for professional translation and  
interpretation services on an as-needed/on-demand basis;  
5. Approve an agreement with Voyce, Inc. authorizing expenditures  
not-to-exceed $500,000 over a two-year period for over-the-phone  
(OPI) and on-demand video remote interpretation (VRI) on an  
as-needed/on-demand basis;  
6. The City will only compensate Consultants for those services performed  
under the Agreements;  
7. Authorize the PARCS Director or designee to execute agreements  
approved as to form by the City Attorney; and  
8. Authorize the PARCS Director or designee to extend the agreements  
for a two-year term with an additional value not to exceed the  
original agreement amount.  
Councilmember Arias moved this item to Contested Consent and asked  
questions regarding timing and the process by which Councilmembers  
would be able to obtain translation services.  
There was no staff presentation on this item. City Manger White and  
PARCS Assistant Director Ramirez responded to questions.  
APPROVED  
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, Soria, Karbassi, Arias, Chavez and  
Bredefeld  
Actions pertaining to solar projects proposed at PARCS and Public Safety  
1.-T.  
ID 22-1496  
sites including Mosqueda Community Center, Roeding Park, Ted C. Wills  
Community Center, Inspiration Park, Mary Ella Brown Community Center,  
Fire Department Headquarters, and Police Regional Training Center  
(Council Districts 1, 3, 5):  
1. Adopt findings pursuant to the California Environmental Quality Act  
(CEQA) Guidelines:  
a. Adopt a finding of Categorical Exemptions pursuant to Sections  
15303/Class 3; 15304-Class 4; and 15311/Class 11 of the  
CEQA Guidelines;  
2. Approve the award of a cooperative purchase Energy Services  
Agreement-Solar with FFP BTM Solar, LLC, for the design,  
financing, construction, installation, operation, and maintenance of a  
157 kW (DC) (estimated) solar photovoltaic system at Mosqueda  
Community Center;  
3. Approve the award of a cooperative purchase Energy Services  
Agreement-Solar with FFP BTM Solar, LLC, for the design,  
financing, construction, installation, operation, and maintenance of a  
162 kW (DC) (estimated) solar photovoltaic system at Roeding  
Park;  
4. Approve the award of a cooperative purchase Energy Services  
Agreement-Solar with FFP BTM Solar, LLC, for the design,  
financing, construction, installation, operation, and maintenance of a  
219 kW (DC) (estimated) solar photovoltaic system at Ted C. Wills  
Community Center;  
5. Approve the award of a cooperative purchase Energy Services  
Agreement-Solar with FFP BTM Solar, LLC, for the design,  
financing, construction, installation, operation, and maintenance of a  
78 kW (DC) (estimated) solar photovoltaic system at Inspiration  
Park;  
6. Approve the award of a cooperative purchase Energy Services  
Agreement-Solar with FFP BTM Solar, LLC, for the design,  
financing, construction, installation, operation, and maintenance of a  
94 kW (DC) (estimated) solar photovoltaic system at Mary Ella  
Brown Community Center;  
7. Approve the award of a cooperative purchase Energy Services  
Agreement-Solar with FFP BTM Solar, LLC, for the design,  
financing, construction, installation, operation, and maintenance of a  
110 kW (DC) (estimated) solar photovoltaic system at Fire  
Department Headquarters;  
8. Approve the award of a cooperative purchase Energy Services  
Agreement-Solar with FFP BTM Solar, LLC, for the design,  
financing, construction, installation, operation, and maintenance of a  
110 kW (DC) (estimated) solar photovoltaic system at Police  
Regional Training Center;  
9. Authorize the Public Works Director or designee to execute  
subsequent  
documents,  
instruments,  
estoppel  
and  
acknowledgement certificates, etc. related to securing a financing  
party;  
10. Authorize the Public Works Director or designee to approve of any  
changes to the PPA rates up to the maximum amount authorized in  
the agreements;  
11. Authorize the Public Works Director or designee to execute the  
Pacific Gas & Electric (PG&E) Interconnection Agreement required  
for the project(s).  
Councilmember Arias moved this item to Contested Consent and expressed  
concerns that the proposed project lacked efficiency and infrastructure  
upgrades in addition to the solar panels for a complete green energy  
package.  
There was no staff presentation on the above item. Public Works Director  
Mozier, City Manager White and Assistant City Manger Barfield responded  
to questions. City Manager White stated, for the record, she was concerned  
the additional Requests For Proposal (RFP) for various solar projects would  
not be completed before changes to the Net Energy Metering rules.  
Council discussion included: solar project assumptions included in the  
budget; adjusting mid-year financial projections; needing a sustainability  
office within the City of Fresno; staff capacity to produce additional RFPs,  
and; the possibility of outsourcing solar RFPs.  
Councilmember Arias motioned to REJECT the item with direction that staff  
pursue an RFP and return to Council with a complete green energy  
package. The motion included authorization to outsource the RFP, if it was  
viable and the preferred option for staff.  
REJECTED WITH DIRECTION  
On motion of Councilmember Arias, seconded by Council President  
Esparza, that the above Action Item be REJECTED with direction. The  
motion carried by the following vote:  
Aye: 4 - Esparza, Maxwell, Soria and Arias  
No: 3 - Karbassi, Chavez and Bredefeld  
***RESOLUTION - Adopt the Third Amendment to the FY 2023 Salary  
ID 22-1419  
1.-V.  
Resolution No. 2022-152, amending Section 9, subsection 1.b; and Exhibit  
2, Non-Represented Management and Confidential Classes adding the  
new classification of Project Liaison/Program Administrator and the  
respective new E13 salary range, retitling the Labor Relations Manager to  
Chief Labor Negotiator and modifying the salary range from E7 to E6,  
modifying the Deputy City Manager salary range from E7 to E6, and  
retitling the Principal Labor Relations Analyst to Principal Labor  
Relations/Risk Analyst, effective October 3, 2022 (Subject to Mayor’s Veto)  
Councilmember Arias moved this item to Contested Consent and discussed  
the Deputy City Manager qualifications and salary changes.  
There was no staff presentation on the above item. City Manager White and  
Personnel Director Sanchez responded to questions.  
RESOLUTION 2022-206 ADOPTED  
On motion of Vice President Maxwell, seconded by Councilmember  
Soria, that the above Action Item be ADOPTED. The motion carried by  
the following vote:  
Aye: 7 -  
Esparza, Maxwell, Soria, Karbassi, Arias, Chavez and  
Bredefeld  
Actions pertaining to the Veterans Boulevard North Extension Project (Bid  
File No. 3854) (Council District 2):  
1.-CC.  
ID 22-1389  
1. RESOLUTION  
-
Adopting  
findings  
pursuant  
to  
California  
Environmental Quality Act (CEQA) Guidelines Section 15091 and  
15093 as required by CEQA Guidelines Section 15096 for the  
Veterans Boulevard North Extension Phase 4B Project  
2. Award a Construction Contract in the amount of $7,085,420.50 to  
Yarbs Grading and Paving Inc, of Fowler, California, as the lowest  
responsive and responsible bidder  
Councilmember Soria moved this item to Contested Consent to discuss  
Project Labor Agreement applicability and why local hire goals were not  
utilized.  
There was no staff presentation on the above item. City Manager White and  
Public Works Director Mozier responded to questions.  
Council discussion included: applicability of a Project Labor Agreement to  
this item; the ability to view the CalTrans policy for local hires to ensure  
compliance with the City Charter; the City of Fresno moving towards local  
hiring for other infrastructure projects; Measure "C" funding and related  
changes to the Veteran's Boulevard extension project, and; prioritizing  
existing streets.  
RESOLUTION 2022-208 ADOPTED  
On motion of Councilmember Karbassi, seconded by Councilmember  
Soria, that the above Action Item be ADOPTED. The motion carried by  
the following vote:  
Aye: 7 -  
Esparza, Maxwell, Soria, Karbassi, Arias, Chavez and  
Bredefeld  
RESOLUTION - Authorizing the Submission of a Grant Application to the  
United States Department of Transportation Reconnecting Communities  
Pilot Discretionary Grant Program Totaling Up to $2 Million in Request for  
Funding; and Authorizing the Execution of Grant Application and Grant  
Agreement Documents by the Public Works Director or Designee (Council  
District 3)  
1.-HH.  
ID 22-1453  
Councilmember Arias moved this item to Contested Consent.  
There was no staff presentation on this item and no Council discussion.  
RESOLUTION 2022-209 ADOPTED  
On motion of Councilmember Arias, seconded by Councilmember  
Soria, that the above Action Item be ADOPTED. The motion carried by  
the following vote:  
Aye: 7 -  
Esparza, Maxwell, Soria, Karbassi, Arias, Chavez and  
Bredefeld  
Approve two Title VI Fare Equity Analyses for the Department of  
Transportation/Fresno Area Express (FAX), including (1) an updated  
analysis of the new fare structure enacted in September 2021 which now  
contains a determination on free fares for veterans and active-duty military,  
and (2) an analysis of temporary free fares for Reduced Fare riders.  
1.-KK.  
ID 22-1415  
The above item was moved to Contested Consent by Vice President  
Maxwell and he requested the City Attorney's Office and the administration,  
within the next few weeks, determine whether a permanent zero fare  
resolution for certain populations (seniors over 65, Medicare recipients and  
people with disabilities), would be covered by this Title VI item.  
There was no staff presentation on the above item. Assistant City Manager  
Barfield responded to questions.  
APPROVED  
On motion of Vice President Maxwell, seconded by Council President  
Esparza, that the above Action Item be APPROVED. The motion  
carried by the following vote:  
Aye: 7 -  
Esparza, Maxwell, Soria, Karbassi, Arias, Chavez and  
Bredefeld  
Actions pertaining to solar projects proposed at Department of  
Transportation/Fresno Area Express (FAX) sites including the FAX  
Employee Parking Lot and Bus Yard  
1.-LL.  
ID 22-1372  
1. Adopt findings pursuant to the California Environmental Quality Act  
(CEQA) Guidelines:  
a. Adopt a finding of Categorical Exemptions pursuant to Sections  
15303/Class 3; 15304/Class 4; and 15311/Class 11 of the  
California Environmental Quality Act (CEQA) Guidelines and  
exempt pursuant to Section 21080.35.(a) of the California Public  
Resources Code (PRC);  
2. Approve the award of a cooperative purchase Energy Services  
Agreement-Solar with FFP BTM SOLAR, LLC, for the design,  
financing, construction, installation, operation, and maintenance of a  
1.07 mW (DC) (estimated) solar photovoltaic system at the FAX  
Bus Yard;  
3. Approve the award of a cooperative purchase Energy Services  
Agreement-Solar with FFP BTM Solar, LLC, for the design,  
financing, construction, installation, operation, and maintenance of a  
219 kW (DC) (estimated) solar photovoltaic system at the FAX  
Employee Parking Lot;  
4. Authorize the Director of Transportation or designee to execute  
subsequent  
documents,  
instruments,  
estoppel  
and  
acknowledgement certificates, etc. related to securing a financing  
party;  
5. Authorize the Director of Transportation or designee to approve of  
any changes to the PPA rates up to the maximum amount  
authorized in the agreements;  
6. Authorize the Director of Transportation or designee to execute the  
Pacific Gas & Electric (PG&E) Interconnection Agreement required  
for the project(s).  
Councilmember Arias moved this item to Contested Consent and noted the  
focus was on Transportation Department Employees.  
There was no staff presentation on the above item and no Council  
discussion.  
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, Karbassi, Arias, Chavez and Bredefeld  
Absent: 1 - Soria  
Actions pertaining to public education services for Measure M and  
Measure C  
1a. Uphold the City Manager’s finding that Local Government  
1.-TT.  
ID 22-1502  
Strategic Consulting (LGSC) is uniquely qualified to provide public  
education services related to Measure M (Veterans’ Services and  
Facilities)  
1b. Approve  
a
consultant  
services  
agreement  
with  
Local  
Government Strategic Consulting in an amount not to exceed  
$500,000  
2a. Uphold the City Manager’s finding that Jeffrey Scott Agency  
(JSA) is uniquely qualified to provide public education services  
related to Measure C (Transportation)  
2b. Approve a consultant services agreement with Jeffrey Scott  
Agency (JSA) to provide public education services regarding  
Measure C in an amount not to exceed $250,000  
There was no staff presentation on the above item. Per request of  
Councilmember Arias and consensus of the Council, there would be one  
vote to approve the Measure "M" portion of this item (subparts 1a and 1b)  
and one vote to approve the Measure " C" portion of this item (subparts 2a  
and 2b).  
During approval of the agenda, City Clerk Stermer announced corrections to  
the dollar amounts of the contracts. The corrected JSA contract was not to  
exceed $200,000 and dollar amount for the corrected LGSC contract was  
not to exceed $450,000.  
Councilmember Arias motioned to approve the Measure "M" portions of this  
item (subparts 1a and 1b) as corrected. The motion included direction for  
the City Attorney's Office to review and approve all material as factual and  
impartial. Councilmember Chavez seconded the motion which PASSED 6-0  
by the following vote:  
Aye (6): Karbassi, Arias, Chavez, Bredefeld, Maxwell, Esparza  
No (0): -  
Absent (1): Soria  
SUBPARTS 1A AND 1B APPROVED AS CORRECTED AND WITH  
DIRECTION  
Vice President Maxwell motioned to approve the Measure "C" portions of  
this item (subparts 2a and 2b) as corrected. The motion included direction  
for the City Attorney's Office to review and approve all materials as factual  
and impartial. Councilmember Chavez seconded the motion which FAILED  
3-2 for lack of a majority of the quorum by the following vote:  
Aye (3): Karbassi, Chavez, Maxwell  
No (2): Arias, Bredefeld  
Abstain (1): Esparza  
Absent (1): Soria  
As a member of the prevailing side to the failed Measure "C" motion,  
Councilmember Bredefeld motioned to reconsider the item. Councilmember  
Karbassi seconded the motion to reconsider which PASSED 4-1 by the  
following vote:  
Aye (4): Karbassi, Chavez, Bredefeld, Maxwell  
No (1): Arias  
Abstain (1): Esparza  
Absent (1): Soria  
Councilmember Bredefeld motioned to approve the Measure "C" portions of  
this item (subparts 2a and 2b) for $150,000. The motion included direction  
for the City Attorney's Office to review and approve all materials as factual  
and impartial.  
SUBPARTS 2A AND 2B APPROVED AS AMENDED AND WITH  
DIRECTION  
On motion of Councilmember Bredefeld, seconded by  
Councilmember Chavez, that the Measure "C" portion of the above  
item (subparts 2a and 2b) be APPROVED AS AMENDED AND WITH  
DIRECTION. The motion carried by the following vote:  
Aye: 4 - Maxwell, Karbassi, Chavez and Bredefeld  
No: 1 - Arias  
Absent: 1 - Soria  
Abstain: 1 - Esparza  
Actions pertaining to the Hye Project for the rehabilitation as affordable  
housing of historic resources located at M and Santa Clara Streets:  
1. RESOLUTION - Authorizing the distribution of funds from FRC Canyon  
Crest, LLC., to the Fresno Revitalization Corporation (FRC Action)  
2. Approve Owner Participation Agreement with Essayons, LP., for the  
Hye Project to rehabilitate three single family homes at M and Santa  
Clara Streets (City as Housing Successor and FRC Action)  
1.  
ID 22-1495  
-WW.  
3. Approve Facade Covenant (Successor Agency Action)  
The above item was moved to Contested Consent by Councilmember  
Karbassi who asked for clarification about the property.  
There was no staff presentation on the above item. Councilmember Arias,  
Housing Successor Director Murphy and Planning and Development  
Director Clark responded to questions.  
Council discussion included: the history of the property; previous requests  
by the Armenian Consult regarding construction of a consulate at the site;  
restrictions on the property; how long the development agreement had been  
in place; the best way to preserve the historic houses; providing security for  
the remaining houses by utilizing them as home, and; the Historic  
Preservation Commission requirements for the project.  
FRC RESOLUTION 22 ADOPTED  
On motion of Councilmember Arias, seconded by Vice President  
Maxwell, that the above Action Item be ADOPTED. The motion carried  
by the following vote:  
Aye: 5 - Esparza, Maxwell, Arias, Chavez and Bredefeld  
No: 1 - Karbassi  
Absent: 1 - Soria  
2. SCHEDULED COUNCIL HEARINGS AND MATTERS  
10:00 A.M. #1  
Consideration of Development Code Text Amendment Application No.  
P22-02413 and related Environmental Finding for Environmental  
ID 22-1407  
Assessment No. P22-02413, amending Tables 15-1102, 15-1103,  
15-1202, 15-1203, 15-4907 and Section 15-1104 of the Fresno Municipal  
Code and adding Sections 15-1106 and 15-5102-E to the Fresno  
Municipal Code, and corresponding General Plan Text Amendment  
relating to mixed-use development:  
1. ADOPT a finding set forth in Environmental Assessment No. P22-  
02413 dated July 6, 2022, and recirculated on August 19, 2022, of a  
Mitigated Negative Declaration pursuant to CEQA Guidelines  
Section 15168(d)  
2. BILL (for introduction) amending the Fresno Municipal Code, Tables  
15-1102, 15-1103, 15-1202, 15-1203, 15-4907 and Section 15-  
1104 of the Fresno Municipal Code and adding Sections 15-1106  
and 15-5102-E to the Fresno Municipal Code, relating to mixed-use  
development, with staff corrections as recommended by Planning  
Commission on July 20, 2022.  
3. RESOLUTION (continued to October 13, 2022) Amending Chapter  
3, the Urban Form, Land Use, and Design Element of the Fresno  
General Plan, Table 3-1, and pages 3-41 and 3-42 consistent with  
the Development Code Text Amendment described above and as  
set forth in General Plan Text Amendment Application No. P22-  
02413  
The above item was called to order at 5:44 P.M. and introduced to Council  
by Planning Manager Pagoulatos.  
Council discussion on this item included concerns with the ministerial  
approvals allowed by the amendment and the notification requirements.  
Upon call, the following members of the public addressed Council: Ivanka  
Saunders, Susan WIlliams, Gregory Terzakis, Lisa Flores.  
Vice President Maxwell motioned to approved this item excluding the  
changes for ministerial approvals.  
APPROVED AS AMENDED  
BILL B-27 INTRODUCED AND LAID OVER  
On motion of Vice President Maxwell, seconded by Councilmember  
Arias, that the above Action Item be APPROVED AS AMENDED. The  
motion carried by the following vote:  
Aye: 6 - Esparza, Maxwell, Karbassi, Arias, Chavez and Bredefeld  
Absent: 1 - Soria  
10:00 A.M. #2 (CONTINUED TO OCTOBER 13, 2022, AT 10:00 AM)  
HEARING to Consider Plan Amendment and Rezone Application No.  
P20-04209, Development Permit Application No. P20-04211, and related  
Environmental Assessment No. P20-04209/P20-04211 pertaining to ±18.9  
acres of property located on the southeast corner of South West and West  
ID 22-1203  
Church Avenues (Council District 3)  
Department.  
-
Planning  
&
Development  
1. ADOPT the Negative Declaration as prepared for Environmental  
Assessment No. P20-04211/P20-04209, dated March 4, 2022, for  
the proposed project pursuant to the State of California  
Environmental Quality Act (CEQA); and,  
2. RESOLUTION - Approving Plan Amendment Application No. P20-  
04209, requesting authorization to amend the Fresno General Plan  
and Southwest Fresno Specific Plan to change the planned land  
use designation for the subject property from Residential - Medium  
Density (±18.9 acres) to Employment - Light Industrial (±18.9  
acres); and,  
3. BILL  
-
(For introduction and adoption)  
-
Approving Rezone  
Application No. P20-04209, requesting authorization to amend the  
Official Zoning Map of the City of Fresno to rezone the subject  
property from the RS-5/UGM (Residential Single Family, Medium  
Density/Urban Growth Management) (±18.9 acres) zone district to  
the IL (Light Industrial/Urban Growth Management) (±18.9 acres)  
zone district in accordance with the Plan Amendment Application;  
and  
4. APPROVE  
-
Development Permit Application No. P20-04211,  
requesting authorization to construct a state of the art ±477,470  
square-foot two (2) story food production, warehousing, and  
distribution facility, subject to compliance with Conditions of  
Approval dated May 18, 2022.  
The above hearing was removed from the agenda and continued to October  
13, 2022, at 10:00 A.M.  
TABLED  
10:05 A.M.  
HEARING to consider Official Plan Line (OPL) for the West North Avenue  
alignment from South Marks Avenue to South Elm Avenue, and related  
Environmental Assessment No. EA-18-004. (Council District 3)  
1. ADOPT Environmental Assessment No. EA-18-004, filed May 18,  
2018, resulting in a Mitigated Negative Declaration for purposes of  
the proposed project  
ID 22-1401  
2. ***BILL - (For introduction and adoption) - Approving the Official  
Plan Line for the West North Avenue alignment from South Marks  
Avenue to South Elm Avenue pursuant to the Fresno General Plan  
Land Use and Circulation Map (Subject to Mayor’s Veto)  
The above hearing was called to order at 6:16 P.M. and was introduced to  
Council by Public Works Manager Tyler.  
Upon call, the following members of the public addressed Council: Yvonne  
Gordon, Brunette Harris, Lisa Flores. Public comment was closed at 6:27  
P.M.  
BILL B-28 INTRODUCED / ADOPTED AS ORDINANCE 2022-027  
On motion of Councilmember Arias, seconded by Councilmember  
Chavez, that the above Action Item be ADOPTED. The motion carried  
by the following vote:  
Aye: 7 -  
Esparza, Maxwell, Soria, Karbassi, Arias, Chavez and  
Bredefeld  
10:10 A.M.  
ID 22-1392  
Actions pertaining to the Program Year (PY) 2021 Consolidated Annual  
Performance Evaluation Report (CAPER) for U.S. Department of Housing  
and Urban Development (HUD) Community Planning and Development  
(CPD) programs:  
1. HEARING to obtain public comments regarding the PY 2021 CAPER;  
and  
2. Adopt PY 2021 CAPER and authorize submission to the U.S.  
Department of Housing and Urban Development (HUD).  
The above hearing was called to order at 10:35 A.M. and was presented to  
Council by Assistant Director Skei from the Planning and Development  
Department.  
Upon call, the following members of the public addressed Council: Lisa  
Flores, Brandi Nuse-Villegas, Brunette Harris, Gloria Hernandez, Hester  
Hensley, Robert McCloskey, and Dez Martinez. Public comment was closed  
at 10:48 A.M.  
APPROVED  
On motion of Councilmember Chavez, seconded by Council President  
Esparza, that the above Action Item be APPROVED. The motion  
carried by the following vote:  
Aye: 6 - Esparza, Maxwell, Karbassi, Arias, Chavez and Bredefeld  
Absent: 1 - Soria  
10:15 A.M.  
HEARING for Consideration of Text Amendment Application No.  
P21-05809 and related Environmental Finding for Environmental  
ID 22-1411  
Assessment No. P21-05809, amending Chapter 15 of the Fresno  
Municipal Code, Tables 15-1102, 15-1402, and 15-1502, and Section  
15-2010, relating to the Zone Districts where Electrified Fences are  
permitted.  
1. RECOMMEND ADOPTION of a finding set forth in Environmental  
Assessment No. P21-05809 dated April 20, 2022, that Text  
Amendment Application No. P21-05809 is exempt from the  
California Environmental Quality Act (CEQA) pursuant to the  
commonsense exemption that it can be seen with certainty that  
there is no possibility that the proposed text amendment may have a  
significant effect on the environment pursuant to CEQA Guidelines  
Section 15061(b)(3).  
2. BILL (For Introduction) Amending Chapter 15 of the Fresno  
Municipal Code, Tables 15-1102, 15-1402, and 15-1502 and  
Section 15-2010, relating to the Zone Districts where Electrified  
Fences are permitted.  
.
The above hearing was called to order at 6:29 P.M.  
Upon call, the following members of the public addressed Council: Lisa  
Flores and Dez Martinez. Public comment was closed at 6:32 PM.  
Councilmember Chavez motioned to adopt the findings in Environmental  
Assessment No. P21-05809 that occurred on April 20, 2022, as outlined in  
the staff recommendation. The motion included an introduction of an  
amendment to Chapter 15 of the Fresno Municipal Code in Exhibit "O" to  
the staff report, entitled "Revised Text Amendment City Council's Updated  
Recommendations Relating to Electrified Fences."  
APPROVED  
BILL B-29 INTRODUCED AS AMENDED  
On motion of Councilmember Chavez, seconded by Vice President  
Maxwell, that the above Action Item be ADOPTED AS AMENDED. The  
motion carried by the following vote:  
Aye: 7 -  
Esparza, Maxwell, Soria, Karbassi, Arias, Chavez and  
Bredefeld  
10:20 A.M.  
Consideration of Vesting Tentative Tract Map No. 6345; and related  
Environmental Assessment No. T-6345/P22-00411/P22-00442 for  
ID 22-1445  
approximately 36.75 acres of property located on the southeast corner of  
the East California Avenue alignment and South Willow Avenue (Council  
District 5).  
1. ADOPT  
-
Mitigated  
Negative  
No.  
Declaration  
T-6345/P22-00411/P22-0442  
prepared  
for  
Environmental  
Assessment  
dated August 12, 2022, for the proposed project pursuant to  
California Environmental Quality Act (CEQA) Guidelines.  
2. ***RESOLUTION  
00411 to initiate annexation proceedings for the California-Willow  
No. Reorganization proposing incorporation of the subject  
-
Approving Annexation Application No. P22-  
4
property within the City of Fresno; and, detachment from the Kings  
River Conservation District and Fresno County Fire Protection  
District. (Subject to Mayor’s Veto)  
3. ***BILL - (For introduction and adoption) - Approving Pre-zone  
Application No. P22-00442 proposing to pre-zone: approximately  
38.37 acres of the subject property from the Fresno County AL20  
(Limited Agriculture) zone district to the City of Fresno RS-5  
(Single-Family  
Residential,  
Medium  
Density)  
zone  
district;  
approximately 37.90 acres of the subject property from the Fresno  
County AL20 (Limited Agriculture) zone district to the RS-5/ANX  
(Single-Family  
Residential,  
Medium  
Density/Annexed  
Rural  
Residential Transitional Overlay) zone district; and, approximately  
41.70 acres of the subject property from the Fresno County AL20  
(Limited Agriculture) zone district to the City of Fresno RM-2/ANX  
(Multi-Family Residential, Urban Neighborhood/Annexed Rural  
Residential Transitional Overlay) zone district. (Subject to Mayor’s  
Veto)  
4. APPROVE - Vesting Tentative Tract Map No. 6345, proposing to  
subdivide approximately 36.75 acres of the subject property into a  
199-lot conventional single-family residential development subject to  
compliance with the Conditions of Approval dated September 21,  
2022.  
There was no staff presentation on the above item. Council President  
Esparza noted the applicant had requested another agenda date.  
Upon call, the following members of the public addressed Council on this  
item: Lisa Flores.  
By consensus of the Council, the above item was tabled to November 3,  
2022, at 10:20 A.M.  
TABLED TO NOVEMBER 3, 2022 AT 10:20 A.M.  
1:30 P.M.  
Workshop on the proposed Fresno County Multi-Jurisdictional Housing  
Element Update.  
ID 22-1410  
The above workshop was presented by Chelsey Payne, Director of Urban  
Design and Planning with Ascent Environmental.  
Discussion on this item included: respective to population, why the City of  
Fresno was overburdened with additional housing requirements compared  
to the City of Clovis; Regional Housing Need Assessment determinations  
made by the Fresno Council of Governments and the expiration of the  
appeal period, and; potential impacts of current legislative bills.  
WORKSHOP PRESENTED  
3. GENERAL ADMINISTRATION  
Actions related to One Fresno Housing Strategy:  
3.-A.  
ID 22-1467  
1.  
***RESOLUTION - Create a Voucher Incentive Program (Subject to  
Mayor’s Veto)  
2.  
***RESOLUTION - Create a Rent Stabilization Program (Subject to  
Mayor’s Veto)  
3. ***RESOLUTION - Fund the Central California Land Trust (Subject to  
Mayor’s Veto)  
4.  
5.  
6.  
7.  
***RESOLUTION - Fund the Fresno Mixed-Income Neighborhood  
Trust (Subject to Mayor’s Veto)  
***RESOLUTION - Allocate American Rescue Plan Funding to the  
City of Fresno Local Housing Trust Fund (Subject to Mayor’s Veto)  
***RESOLUTION - Fund the Fresno City College Tiny Home  
Construction Partnership (Subject to Mayor’s Veto)  
***RESOLUTION - Acknowledge the Continuance of the Eviction  
Protection Program (Subject to Mayor’s Veto)  
The above item was introduced to Council by Mayor Dyer. Deputy Mayor  
Grundy, Assistant Director Skei and Fresno Housing CEO Williams also  
addressed Council.  
Upon call, the following members of the public addressed Council: Karla  
Martinez, Dez Martinez, Brandi Nuse-Villegas, Marisa Moraza, Lisa Flores,  
Gregory Terzakis, Sharrah Thompson, Ester Carver, Shelly Cha, Allis  
Vallejo, Christine Barker, Arte Padilla  
Council discussion included: the utilization rate of housing vouchers; how  
landlord participation in a voucher program would be encouraged with  
American Rescue Plan funds; Councilmember input on where tiny homes  
should be located within each Council District; how the housing trust fund  
had evolved; broad policy goals, and; the need for details about how the  
One Fresno Housing Strategy programs would work.  
Mayor Dyer requested the Council President appoint two or three people to  
work with the administration on the On Fresno Housing Strategy details.  
Councilmember Karbassi motioned to approve the Tiny Home resolution  
(item six) and the Eviction Protection Program resolution (item seven) and  
to add $3.5 million in the local housing trust fund (item 5) to get the $5  
million maximum.  
RESOLUTION 2022-216 ADOPTED AS AMENDED  
RESOLUTION 2022-217 ADOPTED  
RESOLUTION 2022-218 ADOPTED  
On motion of Councilmember Karbassi, seconded by Councilmember  
Soria, that the above Action Item be ADOPTED AS AMENDED. The  
motion carried by the following vote:  
Aye: 7 -  
Esparza, Maxwell, Soria, Karbassi, Arias, Chavez and  
Bredefeld  
WORKSHOP - Office of Community Affairs: Strategic Plan Overview  
3.-B.  
ID 22-1413  
The above workshop was presented by Deputy Mayor Gurndy. City  
Manager White and Deputy City Manager Torres also addressed Council.  
Council discussion included: the activities by the City of Fresno prior to the  
formation of the Office of Community Affairs; the lack of smart goals to  
diversify the people hired and those applying for critical boards and  
commissions; going beyond activities and engagement and the need to  
show improvement and success with facts and figures.  
WORKSHOP PRESENTED  
WORKSHOP - West Area Neighborhoods Specific Plan (P22-01351,  
ID 22-1456  
3.-C.  
P22-01352, & P22-01353)  
The above workshop was presented by Planner Lauderdale.  
Council discussion included: esthetic and visual resources; the plan  
amendment process; issues concerning notices to the public; why density  
was being lost where that was happening; if the plan anticipated Veteran's  
Boulevard extending to Highway 180; the density at Ashlan Avenue near  
Highway 99, and; regional park decisions.  
Councilmember Arias requested copies of the public notices that had been  
distributed and copies of the 19 requests received by the City.  
WORKSHOP PRESENTED  
WORKSHOP - South Central Specific Plan - Status Update  
ID 22-1475  
3.-D.  
The above workshop was presented by Director Clark. Assistant City  
Manager Barfield also addressed Council.  
Council discussion included the status of the citywide truck study and the  
Commute Benefit agreement.  
WORKSHOP PRESENTED  
4. CITY COUNCIL  
Council consideration of general enforcement approaches to address  
4.-A.  
ID 22-1501  
illegal disclosures of confidential closed session communications to the  
media that have taken place over the past two years.  
The above item was moved to Closed Session during approval of the  
agenda. There were no open session announcements regarding this item.  
DISCUSSED IN CLOSED SESSION.  
5. CLOSED SESSION  
In open session, Chief Assistant City Attorney Badhesha listed the items  
that would be heard in closed session, including the separately noticed  
special meeting item, Public Employee Performance Evaluation for the CIty  
Controller (ID 22-1536) and City Council Item 4-A (ID 22-1505) regarding  
general enforcement approaches to enforce illegal disclosures.  
5.-A.  
ID 22-1354  
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION  
Government Code Section 54956.9, subdivision (d)(1)  
Case Name: Jeanine Watts v. City of Fresno, et al. WCAB Case No.  
ADJ9940300  
The above item was discussed in closed session. There were no open  
session announcements regarding this item.  
DISCUSSED  
5.-B.  
5.-C.  
5.-D.  
5.-E.  
ID 22-1355  
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION  
Government Code Section 54956.9, subdivision (d)(1)  
Case Name: Michael Johnson v. City of Fresno, et al. Claim No.  
1010103576-ADR-1  
The above item was discussed in closed session. There were no open  
session announcements regarding this item.  
DISCUSSED  
ID 22-1356  
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION  
Government Code Section 54956.9, subdivision (d)(1)  
Case Name: Robin Garcia (Gregory Crawford, Dec’d) v. COF, et al.  
WCAB Case No.: ADJ11870021  
The above item was discussed in closed session. There were no open  
session announcements regarding this item.  
DISCUSSED  
ID 22-1378  
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION  
Government Code Section 54956.9, subdivision (d)(1)  
Micheli/Flannery v. City of Fresno; (Department of Public Utilities)  
Fresno Superior Court Case No. 16CECG02937  
The above item was discussed in closed session. There were no open  
session announcements regarding this item.  
DISCUSSED  
ID 22-1352  
CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION  
Government Code Section 54956.9, subdivision (d)(4)  
Case Name: City of Fresno v. Hope Beam  
The above item was discussed in closed session. There were no open  
session announcements regarding this item.  
DISCUSSED  
5.-F.  
5.-G.  
5.-H.  
ID 22-1469  
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION  
Government Code Section 54956.9, subdivision (d)(1)  
Case Name: International Union of Operating Engineers, Stationary  
Engineers, Local 39 v. City of Fresno, Grievance Arbitration Case No.  
ARB-20-01250  
The above item was discussed in closed session. There were no open  
session announcements regarding this item.  
DISCUSSED  
ID 22-1414  
CONFERENCE WITH LABOR NEGOTIATORS - Government Code  
Section 54957.6  
City Negotiators: TJ Miller  
Employee Organizations: International Union of Operating Engineers,  
Stationary Engineers, Local 39 (Local 39);  
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 22-1504  
Code Section 54956.8  
Property: APN 468-400-54T Negotiating Parties: City Manager White,  
Prosperous Terra, LLC.,  
(Ruelas, Inc.) Under  
Negotiation: Price and terms of sale.  
The above item was discussed in closed session. There were no open  
session announcements regarding this item.  
DISCUSSED  
CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION,  
Government Code section 54956.9. subdivision (d)(4)  
City Council is considering whether to initiate litigation: One (1) potential  
case.  
5.-I.  
ID 22-1476  
In open session, Council President Esparza announced a conflict recused  
himself from the above item. He was absent for the duration of the  
discussion. There were no open session announcements regarding this  
item.  
DISCUSSED  
5.-J.  
ID 22-1425  
CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION,  
Government Code Section 54956.9, subdivision (d)(2);  
Nelson Esparza v. City of Fresno  
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION,  
Government Code Section 54956.9, subdivision (d)(1);  
People v. Nelson Esparza (F22905037)  
In open session, Council President Esparza announced a conflict recused  
himself from the above item. He was absent for the duration of the  
discussion. There were no open session announcements regarding this  
item.  
DISCUSSED  
ADJOURNMENT  
Adjourned from open session at 11:53 PM  
The above minutes were approved by unanimous vote of the City Council during the  
October 13, 2022, regular meeting with Councilmember Bredefeld absent.