City of Fresno  
2600 Fresno Street  
Fresno, CA 93721  
www.fresno.gov  
Meeting Minutes  
Thursday, October 13, 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 October 13,  
2022, at 9:00 A.M.  
9:07 A.M. ROLL CALL  
Present: 7 -  
Council President Nelson Esparza  
Vice President Tyler Maxwell  
Councilmember Esmeralda Z. Soria  
Councilmember Mike Karbassi  
Councilmember Miguel Angel Arias  
Councilmember Luis Chavez  
Councilmember Garry Bredefeld  
Invocation  
Pledge of Allegiance to the Flag  
APPROVE AGENDA  
City Clerk Stermer announced the following changes to the agenda:  
ID 22-1184 Proclamation for “National Mental Illness Awareness Week” –  
was renamed to "Mental Illness Awareness Week," by Councilmember  
Soria.  
Consent Calendar item 1-I (ID 22-1535) regarding Permanent Local Housing  
Allocation program – the following changes were made to the Staff report;  
should read “In order to receive the City’s annual PLHA allocation, the city  
is required to submit a streamlined application for the 2022 PLHA Formula  
Allocation no later than November 30, 2022.”  
Consent Calendar item 1-P (ID 22-1548) regarding Resolution of Intention to  
Establish a Community Facilities District (CFD 18 – Public Safety Services)  
– there is a correction to the agenda title. The public hearing referenced in  
the agenda should be changed from “Thursday, November 3, 2022,” to  
“Thursday, November 17, 2022.” A supplemental staff report and updated  
exhibit have been distributed.  
Consent Calendar item 1-Q (ID 22-1511) regarding the Resolution of  
Intention to Annex Final Tract Map No. 6325 – the project cross streets are  
located in Council District 7, not Council District 4 as noted on the agenda  
title.  
10:00 AM #1 Scheduled Hearing item (ID 22-1595) regarding the  
Development Code Text Amendment relating to mixed use development –  
the Bill for this item was introduced during the September 29, 2022, City  
Council meeting and is Bill B-27. The Ordinance is subject to mayoral veto.  
10:00 AM #3 Scheduled Hearing item (ID 22-1210) regarding Plan  
Amendment Application No. P20-01665, and related Rezone Application  
and Environmental Assessment – item to be read into the record for staff  
amendment to Exhibit Y (Plan Amendment Resolution). “Exhibit A to the  
Resolution amending the General Plan and the Southwest Fresno Specific  
Plan is revised to have the following language added, ‘Plan and zone  
employment areas in Southwest Fresno for non-industrial businesses. All  
previously designated Light Industrial, Heavy Industrial, Business Park, and  
Regional Business Park land uses should be planned and zoned for Office  
except for the 92-acre area bounded by Vine Avenue on the north, State  
Route 41 on the east, Elm Avenue on the west, and East Chester/East  
Samson Avenue (alignment) on the south, in order to allow the continuation  
of legally established and non-polluting uses established and operating as  
of February 18, 2021.’”  
Councilmember Soria announced a conflict with Consent Calendar item 1-O  
(ID 22-1512) and recused herself from the item.  
Consent Calendar item 1-R (ID 22-1513), regarding the Fresno Street  
Corridor Improvements Project, was moved to the Contested Consent  
Calendar by Councilmember Arias.  
THE FOLLOWING ITEMS WERE REMOVED FROM THE AGENDA AND  
TABLED TO THE OCTOBER 20, 2022, REGULAR MEETING  
ID 22-256 – Proclamation regarding October Breast Cancer Awareness  
Month” – tabled to October 20, 2022, by Councilmember Soria.  
1-C (ID 22-1437) regarding agreement with Moss Adams, LLP for consultant  
services - tabled to October 20, 2022, by Council President Esparza.  
1-G (ID 22-1569) resolution authorizing acceptance of the Staffing for  
Adequate Fires and Emergency Responses (SAFER) grant – tabled to  
October 20, 2022, by staff.  
1-P (22-1548) regarding intention to establish a Community Facilities  
District No. 18 - Public Safety Services - tabled to October 20, 2022, by  
Councilmember Soria.  
1-Y (ID 22-1574) resolution adopting program to incentivize job creation  
along certain corridors – tabled to October 20, 2022, by Councilmember  
Chavez.  
THE FOLLOWING ITEMS WERE MOVED FROM THE AGENDA WITH NO  
SPECIFIED RETURN DATE  
5:00 PM (ID 22-1243) Hearing regarding the West Area Neighborhoods  
Specific Plan and the final Environmental Impact Report and related actions  
– tabled by staff with no specific return date.  
5-D (ID 22-1597) regarding potential litigation – Council considering  
whether to initiate litigation: One (1) potential case. – tabled by Vice  
President Maxwell with no specified return date.  
5-E (ID 22-1568) regarding potential and existing litigation – Nelson  
Esparza v. City of Fresno and People v. Nelson Esparza – tabled by Vice  
President Maxwell with no specified return date.  
On motion of Councilmember Soria, seconded by Council President  
Esparza, the agenda was APPROVED AS AMENDED. The motion  
carried by the following vote:  
Aye: 7 -  
Esparza, Maxwell, Soria, Karbassi, Arias, Chavez and  
Bredefeld  
CEREMONIAL PRESENTATIONS  
Proclamation for “October Breast Cancer Awareness Month and  
Metastatic Breast Cancer Action Week”  
ID 22-256  
The above item was removed from the agenda and tabled to October 20,  
2022, by Councilmember Soria.  
Proclamation for “National Mental Illness Awareness Week”  
ID 22-1184  
PRESENTED  
Proclamation for “Indigenous Peoples' Day”  
ID 22-1589  
PRESENTED  
Proclamation for “Code Enforcement Appreciation Week”  
ID 22-1590  
PRESENTED  
Proclamation for Disability Awareness Month and announcing Disabilities  
Advisory Commission Awardees  
ID 22-1515  
PRESENTED  
Proclamation for “Hindu American Awareness and Appreciation Month”  
ID 22-1516  
PRESENTED  
COUNCILMEMBER REPORTS AND COMMENTS  
Councilmember Soria made several announcements. The future fire station  
property on Ashlan had been cleaned up and looks great. There were plans  
to have a community meeting at the Tower Theater to discuss the process to  
rent the property. The District 1 Fall Festival event, west of Highway 99,  
was scheduled for October 29. There had been progress towards securing  
alleys in the central neighborhoods in District 1. There was a successful  
community meeting regarding the Dakota/Milburn Park and additional input  
was needed regarding the skate park portion of the thanked staff for  
having a community meeting on the Dakota Milburn Park west of the 99  
-there is still opportunity to provide input for the skate park.  
Councilmember Arias reported on items. The bid for the tot lot at JSK Park  
was ready to award at the current meeting thanks to the work of the PARCS  
Department. The PARCS Department was also working on Tupman Park.  
There had been no status update regarding the artwork returning to Fulton  
Street and a meeting was requested with the City Manger. The Tower  
Theater was currently available for use by the public and the Request for  
Proposals for the management of the Tower Theatre had hit the street. The  
Public Works Department had installed the traffic light at Clinton and  
Valentine.  
Vice President Maxwell made a few comments. Exceptional Parents  
Unlimited, a non-profit organization in District 4, recently celebrate 45 years  
of work in the City of Fresno. A three story, state of the art Student Union  
building had been constructed at California State University Fresno to serve  
the students. Former Councilmember Blong Xiong had been appointed as  
the Executive Director of the USDA Farm Service Agency and would  
continue serving the central valley in that capacity. Elisa Rivera had been  
appointed by District 4 as the latest member to the Fresno Women's  
Commission to fight on critical issues facing women. Carmen Flores had  
recently joined the District 4 family as the Media Director. The Public  
Works team received millions in CDBG funds to finally pave the streets in  
the neighborhood near Chestnut and McKinley avenues.  
Council President Esparza commented on several items. Fresno City  
College held the "State of the College" event to highlight things happening  
at the college. The 33rd annual Reel Pride event was also held at the  
college. Fresno City Code Enforcement held a waste tire amnesty event in  
District 7 and collected 1,169 tires. The last day to attend the 139th The Big  
Fresno Fair would be Sunday. Indigenous Peoples Day was celebrated in  
front of Fresno City Hall the previous Monday.  
MAYOR/MANAGER REPORTS AND COMMENTS  
City Manager White reported the Fresno Irrigation District responded  
quickly to a city request to clean up the canal issues at Ashlan and West.  
UNSCHEDULED COMMUNICATION  
Council President Esparza called for public comment on all Consent,  
Contested Consent and Closed Session items including Unscheduled  
Communication. The following members of the public addressed Council:  
Michael Matthew, Todd Blanco, Terry Ires, Fernando Paul Elizando, Hester  
Hensley, Jerome Kitchen, Daniel Branick, Cathy Caples, Brenda Quispe,  
Anna Wells, Natalie Delgado, Dez Martinez, Brandi Nuse-Villegas, Lisa  
Flores, Karla Martinez and Pedro Navarro-Cruz.  
1. CONSENT CALENDAR  
APPROVAL OF THE CONSENT CALENDAR  
On motion of Vice President Maxwell, seconded by Councilmember  
Arias, the CONSENT CALENDAR was hereby adopted by the following  
vote:  
Aye: 6 - Esparza, Maxwell, Soria, Karbassi, Arias and Chavez  
Absent: 1 - Bredefeld  
Approve minutes for September 29, 2022, Regular Meeting.  
1.-A.  
1.-B.  
ID 22-1517  
APPROVED ON THE CONSENT CALENDAR  
ID 22-1452  
Actions related to the Lease Agreement Amendment No. 3 with  
Transportation Security Administration (TSA) for Terminal Space at Fresno  
Yosemite International Airport (FAT). (Council District 4)  
1. Adopt a finding of Categorical Exemption pursuant to Section  
15301 (Existing Facilities) of the California Environmental Quality  
Act (CEQA) Guidelines  
2. Approve the Lease Agreement Amendment No. 3 (Amendment)  
with Transportation Security Administration (TSA), for Terminal  
Space at Fresno Yosemite International Airport for a term of three  
(3) additional years. The amount of potential revenue generated by  
this Lease is $604,208.15 over the additional term. (Council District  
4)  
APPROVED ON THE CONSENT CALENDAR  
Approve agreement with Moss Adams, LLP for consultant services for  
agreed-upon procedures for $190,640 (RFP No. 10121)  
1.-C.  
ID 22-1437  
The above item was removed from the agenda and tabled to October 20,  
2022, by Council President Esparza.  
TABLED  
Approve the first amendment to the animal control services agreement  
ID 22-1542  
1.-D.  
1.-E.  
between the City of Fresno and Fresno Humane Animal Services to allow  
the City to advance  
a
one-time payment of $300,000 for future  
reimbursements (cash account.)  
APPROVED ON THE CONSENT CALENDAR  
***RESOLUTION - Supporting the 144th Fighter Wing and the  
ID 22-1566  
recapitalization of next-generation aircraft squadrons to ensure that the Air  
National Guard continues to thrive in the City of Fresno. (Subject to Mayor’s  
Veto)  
RESOLUTION 2022-219 ADOPTED  
APPROVED ON THE CONSENT CALENDAR  
Approve the Reappointment of James Sponsler to the Historic  
1.-F.  
ID 22-1565  
Preservation Commission (Resident of District 3).  
Approve the Reappointment of Melanie Ruvalcaba to the Bicycle  
Pedestrian and Advisory Committee (Resident of District 6).  
Approve the Reappointment of Frances Reyes Acosta to the Disability  
Advisory Commission (Resident of District 4).  
Approve the Appointment of Sandra Vicente to the Fresno Regional  
Workforce Development Board (Resident of District 5).  
APPROVED ON THE CONSENT CALENDAR  
***RESOLUTION - Authorize the acceptance of 2021 Staffing for Adequate  
Fire and Emergency Response (SAFER) grant award for $7,246,600 from  
the Federal Emergency Management Agency (FEMA) and authorize the  
Fire Chief to complete all required documents (Subject to Mayor’s veto)  
1.-G.  
ID 22-1569  
The above item was removed from the agenda and tabled to October 20,  
2022, by the administration.  
TABLED  
***RESOLUTION - Adopting the 12th Amendment to the Annual  
ID 22-1561  
1.-H.  
Appropriation Resolution (AAR) No 2022-154 to transfer funds and  
re-appropriate $420,000 from the Station 12 Debt Service Fund to  
the Station 12 Construction Fund for the demolition phase of the  
construction project. (Subject to Mayor Veto)  
RESOLUTION 2022-220 ADOPTED  
APPROVED ON THE CONSENT CALENDAR  
***RESOLUTION - Authorizing application for and acceptance of funding  
ID 22-1535  
1.-I.  
from the Permanent Local Housing Allocation (PLHA) program of the  
California Housing and Community Development Department for the  
development of affordable multifamily and single-family housing, owner  
occupied home rehabilitation, and down payment assistance to benefit  
low- and moderate-income persons and authorizing the City Manager to  
sign all necessary implementing documents. (Subject to Mayor’s Veto)  
During the approval of the agenda, the following changes to the staff report  
were read into the record: “In order to receive the City’s annual PLHA  
allocation, the city is required to submit a streamlined application for the  
2022 PLHA Formula Allocation no later than November 30, 2022.”  
RESOLUTION 2022-221 ADOPTED  
APPROVED ON THE CONSENT CALENDAR  
Approve the Sixth Amendment to the consultant services agreement with  
ID 22-1507  
1.-J.  
1.-K.  
Ascent Environmental, Inc., extending the contract performance period to  
December 31, 2023, and authorizing additional compensation in the  
amount of $211,310 for the South Central Specific Plan Environmental  
Impact Report.  
APPROVED ON THE CONSENT CALENDAR  
Actions pertaining to homeless services agreements provided under the  
ID 22-1532  
Homeless Housing, Assistance, and Prevention (HHAP) program:  
1. Approve an Agreement with Fresno County Economic Opportunities  
Commission to operate two additional units at the Youth Bridge  
Housing program in the total amount of $84,333.  
2. Approve an Agreement with Fresno County Economic Opportunities  
Commission to operate four units at the HOPE Youth Bridge  
Housing program in the total amount of $399,067.  
APPROVED ON THE CONSENT CALENDAR  
1.  
ADOPT a finding set forth in Environmental Assessment No. P21-  
1.-L.  
ID 22-1551  
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 B-29 (Intro’d 09/29/2022) (For Adoption) 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. (Subject to Mayor’s Veto)  
ORDINANCE 2022-028 ADOPTED  
APPROVED ON THE CONSENT CALENDAR  
Actions pertaining to the South Peach Avenue Park Phase 1 Project  
1.-M.  
ID 22-1474  
(Council District 5):  
1. Affirm the City Manager’s finding that Blair, Church & Flynn Consulting  
Engineers, Inc., is uniquely qualified: and  
2. Approve a Consultant Services Agreement with Blair, Church & Flynn  
Consulting Engineers Inc., in the amount of $626,000, with a  
contingency amount not to exceed $60,000, for the design and  
preparation of construction documents for the South Peach Avenue  
Park Phase 1 Project  
3. Authorize the Public Works Director or designee to execute the contract  
and amendments approved by the City Attorney’s Office on behalf of  
the City of Fresno  
APPROVED ON THE CONSENT CALENDAR  
Actions pertaining to the Jaswant Singh Khalra Park Tot Lot Replacement  
1.-N.  
ID 22-1529  
Project Bid File 3865 (Council District 3)  
1. Adopt a finding of Categorical Exemption per staff’s determination,  
pursuant to Section 15301 (d) and 15302 of the California  
Environmental Quality Act (CEQA) Guidelines  
2. Award a construction contract in the amount of $449,000 to Rakkar  
Development and Construction of Fresno, CA, as the lowest  
responsive and responsible bidder for the Jaswant Singh Khalra  
Park Tot Lot Replacement Project  
APPROVED ON THE CONSENT CALENDAR  
Actions pertaining to the acquisition of a 3.39-acre vacant parcel located at  
1.-O.  
ID 22-1512  
4461 East Dakota Avenue (APN: 438-022-21) for the development of a  
City park (Council District 4)  
1. Adopt a finding of Categorical Exemption pursuant to Class 16  
Section 15326 (transfer of ownership of land in order to create  
parks) of the California Environmental Quality Act (CEQA)  
2. Approve a Purchase and Sale Agreement with Won K. Lee and  
Sang D. Lee for $1,165,685  
Councilmember Soria announced a conflict and was recused on this item.  
As such, this item was APPROVED 5-0 by the following vote:  
Aye(5): Karbassi, Arias, Chavez, Maxwell, Esparza  
No (0): -  
Absent (1): Bredefeld  
Recused (1): Soria  
APPROVED ON THE CONSENT CALENDAR  
RESOLUTION - Of Intention to Establish a Community Facilities  
ID 22-1548  
1.-P.  
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 10:00am (T-6310, near the northwest  
corner of Dakota and Polk Avenues; T-6234, southwest corner  
of Dakota  
&
Hayes Avenues; future annexation area  
encompasses entire City of Fresno) (Citywide)  
During approval of the agenda, the following correction to the agenda title  
was read into the record: The public hearing referenced in the agenda  
should be changed from “Thursday, November 3, 2022,” to “Thursday,  
November 17, 2022.”  
The above item was removed from the agenda and tabled to October 20,  
2022, by Councilmember Soria.  
TABLED  
RESOLUTION - Of Intention to Annex Final Tract Map No. 6325  
ID 22-1511  
d1.-Q.  
as Annexation No. 134 to the City Of Fresno Community  
Facilities District No. 11 and to Authorize the Levy of Special  
Taxes; and setting the public hearing for Thursday, December  
1, 2022, at 10:00 am (Located on the northwest corner of North  
Armstrong Avenue and East Clinton Avenue) (Council District 4)  
During approval of the agenda, it was noted the cross streets were located  
in Council District 7, not Council District 4.  
RESOLUTION 2022-222 ADOPTED  
APPROVED ON THE CONSENT CALENDAR  
RESOLUTION  
-
Of Intention to Annex Conditional Use Permit No.  
1.-S.  
ID 22-1510  
P20-04902 as Annexation No. 56 to the City of Fresno Community  
Facilities District No. 9 and to Authorize the Levy of Special Taxes; and  
setting the public hearing for Thursday, November 17, 2022, at 10:00 am  
(located on East Tulare Ave between South Clovis Avenue and North  
Fowler Avenue) (Council District 5)  
RESOLUTION 2022-223 ADOPTED  
APPROVED ON THE CONSENT CALENDAR  
Award an architect and engineering contract to Provost and  
1.-T.  
ID 22-1465  
Pritchard Consulting Group, of Fresno, California, in the amount of  
$225,554.72 for full design services for seventy-five (75) Fresno  
Area Express Standard Bus Stops (Bid File #10129)  
APPROVED ON THE CONSENT CALENDAR  
Approve the Department of Transportation/FAX 2022 Title VI Program  
1.-U.  
1.-V.  
ID 22-1462  
APPROVED ON THE CONSENT CALENDAR  
BILL (for introduction) - Amending Section 9-613 of the Fresno Municipal  
ID 22-1562  
Code relating to Exceptions from the Pawnbrokers and Secondhand  
Dealers Ordinance.  
BILL B-30 INTRODUCED AND LAID OVER  
APPROVED ON THE CONSENT CALENDAR  
Approve the appointment of Sean Zweifler to the Bicycle and Pedestrian  
Advisory (BPAC)  
1.-W.  
1.-X.  
ID 22-1554  
APPROVED ON THE CONSENT CALENDAR  
Approve the Appointment of Sarah Harris to the Fresno County  
ID 22-1592  
Transportation Authority (FCTA) as the Urban Representative (Resident of  
District 3).  
APPROVED ON THE CONSENT CALENDAR  
***RESOLUTION - Adopting a program to incentivize job creation along the  
Ventura/Kings Canyon/Avenida Cesar Chavez corridor east of First Street  
1.-Y.  
ID 22-1574  
(Subject to Mayor’s Veto)  
The above item was removed from the agenda and tabled to October 20,  
2022, by Councilmember Chavez.  
TABLED  
CONTESTED CONSENT CALENDAR  
Actions pertaining to Fresno Street Corridor Improvements Project  
(Council Districts 3, 4, 6, and 7)  
1.-R.  
ID 22-1513  
1. Adopt a finding of Categorical Exemption per staff determination  
pursuant to Section 15301/Class 1 and Section 15303/Class 3 of  
the California Environmental Quality Act (CEQA) Guidelines  
2. Approve the Application for Custom Work - Actual Cost Basis with  
AT&T in the amount of $85,315.81 to relocate telecommunication  
facilities  
Councilmember Arias moved this item to Contested Consent and asked for  
an explanation on why the High-Intensity Activated crossWalKs (HAWK)  
system was not being installed in southwest Fresno.  
There was no staff presentation for the above item. Licensed Engineer  
Sehm, and Director Mozier 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  
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 22-1595  
Assessment No. P22-02413, amending Tables 15-1102, 15-1103,  
15-1202, 15-1203, and Section 15-1104 of the Fresno Municipal Code  
and adding Section 15-1106 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 adoption) amending the Fresno Municipal Code, Tables  
15-1102, 15-1103, 15-1202, 15-1203, and Section 15-1104 of the  
Fresno Municipal Code and adding Section 15-1106 and to the  
Fresno Municipal Code, relating to mixed-use development.  
3. RESOLUTION (continued from September 29, 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  
City Clerk Stermer announced Bill B-27 was introduced during the  
September 29, 2022, City Council meeting and the Ordinance is subject to  
mayoral veto.  
The above hearing was called to order at 11:28 A.M. There was no staff  
presentation on the above item.  
Upon call, the following members of the public addressed Council: Brunette  
Harris, Ivonka Saunders, Nisha Vyas, Brian Flynn, Michaelynn Lewis, Eric  
Payne, and Kiel Lopez-Schmidt. Public comment closed at 11:41 A.M.  
Council discussed the applicability of an Environmental Impact Report as  
opposed to a Negative Declaration. Director Clark and Precision Civil  
Engineering staff responded to questions.  
Councilmember Arias motioned to approve the item as previously revised to  
eliminate the ministerial provisions.  
RESOLUTION 2022-224 ADOPTED  
ORDINANCE 2022-029 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: 6 - Esparza, Maxwell, Soria, Arias, Chavez and Bredefeld  
No: 1 - Karbassi  
10:00 A.M. #2  
HEARING to Consider Plan Amendment and Rezone Application No.  
P20-04209, Development Permit Application No. P20-04211, and related  
ID 22-1598  
Environmental Assessment No. P20-04209/P20-04211 pertaining to ±18.9  
acres of property located on the southeast corner of South West and West  
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 called to order at 11:46 A.M. Supervising Planner  
Siegrist introduced the item to Council.  
Upon call, the following members of the public addressed Council: Brunette  
Harris, Lilly, Ivanka Saunders, Shaun Robinson, Reef Goodwin, John  
Kinsey, Mitch Michino, Emily Brent, Nisha Vyas, Kiel Lopez-Schmidt, Lisa  
Flores, Anna Wells, Eric Payne Michaelynn Lewis. Public Comment was  
closed at 12:22 P.M.  
Council discussion on this item included: the unified opposition by the black  
community; the level of community engagement by the businesses in the  
area; the support for the project from the District 3 Residents Committee and  
the Planning Commission; the issues created by placing single family  
residential zoning next to heavy industrial uses and the need for buffers; and  
the environmental study conclusion that pollution would be reduced by  
consolidating facilities.  
RESOLUTION 2022-225 ADOPTED  
BILL B-31 APPROVED/ORDINANCE 2022-030  
On motion of Councilmember Arias, seconded by Vice President  
Maxwell, that the above Ordinance be ADOPTED. The motion carried  
by the following vote:  
Aye: 6 - Esparza, Maxwell, Soria, Arias, Chavez and Bredefeld  
No: 1 - Karbassi  
City Council recessed for lunch at 12:23 P.M. and resumed the meeting at 2:16 P.M.  
10:00 A.M. #3  
Consideration of Plan Amendment Application No. P20-01665, Rezone  
Application No. P20-01665 and the related Environmental Assessment No.  
P20-01665 pertaining to ±92.53 acres of property bounded by East Vine  
Avenue to the north, State Route 41 to the east, South Elm Avenue to the  
west and East Chester/East Samson Avenue (alignment) to the south  
(Council District 3).  
ID 22-1210  
1. ADOPT - Addendum to Final Program EIR (SCH No. 2017031012)  
for the Southwest Fresno Specific Plan, dated January 12, 2021, for  
the proposed project pursuant to California Environmental Quality  
Act (CEQA) Guidelines Section 15164.  
2. ***RESOLUTION - Approving Plan Amendment Application No. P20  
-01665 proposing to amend the Fresno General Plan and the  
Southwest Fresno Specific Plan to change the planned land use  
designation for the subject properties from Neighborhood Mixed  
Use to Light Industrial Employment and to amend Southwest Fresno  
Specific Plan Policy LU-8.1. (Subject to Mayor’s Veto)  
3. ***BILL  
-
(for introduction and adoption)  
-
Approving Rezone  
Application No. P20-01665 proposing to rezone the subject  
properties from the NMX (Neighborhood Mixed-Use) zone district to  
the IL (Light Industrial) zone district. (Subject to Mayor’s Veto)  
Clerk Stermer read the following into the record: Exhibit A to the Resolution  
amending the General Plan and the Southwest Fresno Specific Plan is  
revised to have the following language added, ‘Plan and zone employment  
areas in Southwest Fresno for non-industrial businesses. All previously  
designated Light Industrial, Heavy Industrial, Business Park, and Regional  
Business Park land uses should be planned and zoned for Office except for  
the 92-acre area bounded by Vine Avenue on the north, State Route 41 on  
the east, Elm Avenue on the west, and East Chester/East Samson Avenue  
(alignment) on the south, in order to allow the continuation of legally  
established and non-polluting uses established and operating as of  
February 18, 2021.'  
For the record, Interim City Attorney Gonzales clarified that, under section  
605(c)(2) of the City Charter, neither the resolution approving the plan  
amendment nor the bill approving the rezone application were subject to  
mayoral veto.  
The above hearing was called to order at 2:16 P.M. There was no staff  
presentation on this item. John Kinsey, attorney for the property owners on  
Elm Avenue, addressed Council.  
Upon call, the following members of the public addressed Council: Joe  
Livaich, Dennis Woods, Steve Brock, Nick Audino, Stephen Rayburn, BT  
Lewis, Shaun Riggins, Dr. Venise Curry, Bob Mitchell, Joseph Kalpakoff,  
Natalie Delgado, Nisha Vyas, Lisa Flores, Debbie Darden, Ivanka  
Saunders, June Stanfield, Eric Payne, Michaelynn Lewis, and Mary Curry.  
The public comment period was closed at 3:14 P.M.  
Council discussion on this item included: the timelines related to illegal  
non-conforming uses; whether the amended motion would satisfy the needs  
of all the businesses in the area; the desire of the residents in the area to  
implement an overlay; what would be required to complete the overlay  
proposed by the residents. Councilmember Arias, Director Clark, and City  
Manager White responded to questions.  
Councilmember Arias motioned to:  
APPROVE General Plan Amendment Application No. P20-01665 with the  
following modifications:  
Approve the amendment to the Fresno General Plan and the Southwest  
Fresno Specific Plan to change the planned land use designation for the  
project area from Annadale to Vine only from Neighborhood mixed Use to  
Light Industrial, and approve the amendment to Southwest Fresno Specific  
Plan Policy LU-8.1 as revised by this motion to read as follows:  
“Except for the area bounded by Vine Avenue on the north, State Route 41  
on the east, Elm Avenue on the west, and Annadale Ave on the south, in  
order to allow the continuation of legally established and non-polluting uses  
established and operating as of February 18, 2021.”  
Deny the plan amendment as to the remainder of the project area south of  
Annadale Ave.  
APPROVE Rezone application No. P20-01665 with the following  
modifications  
APPROVE the rezone from the NMX (Neighborhood Mixed-Use) zone  
district to the IL (Light Industrial) zone district for the project area from  
Annadale to Vine only and deny the rezone for the project area south of  
Annadale.  
For the area from Vine to Annadale that is proposed to be rezoned to the IL  
(Light Industrial) zone district, the following conditions of zoning shall also  
apply to all parcels within the rezoned area:  
•
The interior footprint of any existing structure shall not be expanded by  
an area greater than twenty percent (20%) of the existing interior footprint as  
depicted in the most recent site plan for any structure on file with the City as  
of October 13, 2022.  
•
The following additional used restrictions shall apply to all parcels within  
the rezoned area:  
A. Consistent with Section 15-1302 of the City Code, the following uses  
shall be subject to a Conditional Use Permit regardless of any future  
changes in the City Code:  
1. Public Safety Facilities  
2. Automobile/Vehicle Repair, Major  
3. Service Station  
4. (automobile) Washing  
5. General Industrial  
6. Research and Development  
7. Chemical and Mineral Storage  
8. CRV Recycling Center  
9. Recycling Processing Facility  
10. Light Fleet Based Services  
11. Waste Transfer Facility  
B. Notwithstanding any contrary provisions in the City Code, the following  
land uses SHALL NOT be permitted:  
1. Emergency Shelter  
2. Hospital  
3. Parking, Public or Private  
4. Adult-Oriented Business  
5. Aircraft Sales, Services and Storage  
6. Kennels  
7. Large Vehicle and Equipment Sales, Services and Rental  
8. Motorcycle/Riding Club  
9. Airports and Heliports  
10. Utilities, Major  
11. Agricultural Processing  
12. Agricultural Support Services  
13. Crop Cultivation  
14. Concrete Batch Plants  
15. Shooting/Archery Range  
16. Swap Meet / Flea Market  
17. Towing and Impound  
C. Pursuant to Section 15-1302 of the City Code, the following uses are  
currently not permitted in the IL (Light Industrial) zone district. The  
prohibition of any such land uses shall continue to apply even if the City  
adopts less restrictive citywide use limitations for the IL zoning District.  
1. Animal Raising  
2. Dairy  
3. Intensive Industrial  
4. Mining and Quarrying  
5. Rendering  
6. Salvage and Wrecking  
7. Sales Lot, Feed Lot, Stockyard  
8. Slaughterhouse  
The above motion included direction for city staff to work with the residents  
and businesses and return in 90 days with a proposed draft overlay.  
RESOLUTION 2022-226 ADOPTED  
BILL B-32 INTRODUCED AS AMENDED AND ADOPTED AS ORDINANCE  
2022-031  
On motion of Councilmember Arias, 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  
10:00 A.M. #4  
HEARING to adopt resolutions and ordinance to annex territory  
and levy special tax regarding CITY OF FRESNO  
ID 22-1514  
a
COMMUNITY FACILITIES DISTRICT NO. 11, Annexation No.  
133 (Final Tract Map No. 6310) (Located on north side of West  
Dakota Avenue, between North Hayes and North Polk Avenues)  
(Council District 1)  
1. ***RESOLUTION  
-
to Annex Territory to Community  
Facilities District No. 11 and Authorizing the Levy of a  
Special Tax for Annexation No. 133 (Subject to Mayor’s  
Veto)  
2. ***RESOLUTION  
-
Calling Special Mailed-Ballot Election  
(Subject to Mayor’s Veto)  
3. ***RESOLUTION - Declaring Election Results (Subject to  
Mayor’s Veto)  
4. ***BILL - (For introduction and adoption) - Levying a Special  
Tax for the Property Tax Year 2021-2022 and Future Tax  
Years Within and Relating to Community Facilities District  
No. 11, Annexation No. 133 (Subject to Mayor’s Veto)  
The above item was called to order at 4:13 P.M. There was no staff  
presentation and no Council discussion on the above item.  
Upon call, there was no public comment. The public comment period was  
closed at 4:14 P.M.  
RESOLUTION 2022-227 ADOPTED  
RESOLUTION 2022-228 ADOPTED  
RESOLUTION 2022-229 ADOPTED  
BILL B-33 INTRODUCED AND ADOPTED AS ORDINANCE 2022-032  
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  
10:05 A.M.  
JOINT MEETING WITH THE FRESNO JOINT POWERS FINANCING  
AUTHORITY (JPFA). MEMBERS OF JPFA BOARD: MAYOR DYER,  
CHAIR BREDEFELD, COUNCILMEMBER KARBASSI  
JPFA ACTION  
HEARING to adopt Resolution designating and authorizing certain Finance  
Officers of the City of Fresno (“City”) to take certain actions as required for  
prudent financial administration and safekeeping of Fresno Joint Powers  
Finance Authority (“JPFA”) funds and property  
A.  
ID 22-1555  
The above item was discussed simultaneously with JPFA item B (ID  
22-1558).  
The hearing was called to order at 4:17 P.M. Upon call, there was no public  
comment. The public comment period was closed at 4:18 P.M.  
There was no staff presentation and no discussion on this item.  
RESOLUTION JPFA - 52 ADOPTED  
On motion of Member Bredefeld, seconded by Member Karbassi, the  
above JPFA action item was adopted. The motion PASSED by the  
following vote:  
Aye (3): Bredefeld, Karbassi, Dyer  
No (0): -  
HEARING to adopt Resolution designating and authorizing certain Finance  
ID 22-1558  
B.  
Officers of the City of Fresno to deposit and withdraw funds into and out of  
the Local Agency Investment Fund (“LAIF”) in the custody of the State  
Treasurer  
The above item was discussed simultaneously with JPFA item A (ID  
22-1555).  
The hearing was called to order at 4:17 P.M. Upon call, there was no public  
comment. The public comment period was closed at 4:18 P.M.  
There was no staff presentation and no discussion on this item.  
RESOLUTION JPFA - 53 ADOPTED  
On motion of Member Bredefeld, seconded by Member Karbassi, the  
above JPFA action item was adopted. The motion PASSED by the  
following vote:  
Aye (3): Bredefeld, Karbassi, Dyer  
No (0): -  
CITY ACTION  
C.  
RESOLUTION - Authorizing certain Finance Officers of the City of Fresno  
(“City”) to sign City checks and various investment and commercial  
banking documents, and to provide verbal instruction required for the  
prudent financial administration and safekeeping of City funds  
ID 22-1556  
The above item was heard simultaneously with City Action item D (ID  
22-1557). There was no staff presentation and no Council discussion.  
Upon call, there was no public comment.  
RESOLUTION 2022-230 ADOPTED  
On motion of Vice President Maxwell, seconded by Council President  
Esparza, that the above Action Item be ADOPTED. The motion carried  
by the following vote:  
Aye: 7 -  
Esparza, Maxwell, Soria, Karbassi, Arias, Chavez and  
Bredefeld  
RESOLUTION - Consenting to and authorizing investment of monies in the  
Local Agency Investment Fund (“LAIF”) in the custody of the State  
Treasurer for purposes of investment, and authorizing certain Finance  
Officers in connection therewith  
D.  
ID 22-1557  
The above item was heard simultaneously with City Action item C (ID  
22-1556). There was no staff presentation and no Council discussion.  
Upon call, there was no public comment.  
RESOLUTION 2022-231 ADOPTED  
On motion of Vice President Maxwell, seconded by Council President  
Esparza, that the above Action Item be ADOPTED. The motion carried  
by the following vote:  
Aye: 7 -  
Esparza, Maxwell, Soria, Karbassi, Arias, Chavez and  
Bredefeld  
5:00 P.M.  
Hearing - To consider the adoption of the West Area Neighborhoods  
Specific Plan and Final Environmental Impact Report (FEIR), State  
Clearinghouse (SCH No. 2019069117), and related actions:  
1. RESOLUTION - Certifying FEIR (SCH No. 2019069117), for the West  
Area Neighborhoods Specific Plan and related plan amendment,  
rezones, and text amendment to the Development Code.  
ID 22-1243  
a. ADOPT Findings of Fact as required by Public Resources Code  
Section 21081(a) and CEQA Guidelines, Section 15091;  
and,  
b. ADOPT the Statement of Overriding Considerations as required  
by Public Resources Code, Section 21081(b) and CEQA  
Guidelines, Section 15093; and c. APPROVE a Mitigation  
Monitoring and Reporting Program as required by Public  
Resources Code Section 21081.6 and CEQA Guidelines  
Section 15097.  
2. RESOLUTION - Approving Plan Amendment Application P22-01351  
which proposes to repeal the West Area Community Plan,  
pertaining to approximately  
12,341 acres located in the  
Development Area-1 West Development Area, and the portion of  
the Highway City Neighborhood Specific Plan that overlaps the  
West Area Neighborhoods Specific Plan Boundary, approximately  
455 acres.  
3. RESOLUTION - Approving Plan Amendment Application P22-01352  
which proposes to adopt the West Area Neighborhoods Specific  
Plan and accompanying Planned Land Use Map.  
4. RESOLUTION - Approving Plan Amendment Application P22-01353  
which proposes to update the Planned Land Use Map (Figure LU-1)  
of the Fresno General Plan to incorporate the land use changes  
proposed in the West Area Neighborhoods Specific Plan.  
5. BILL - (For Introduction and Adoption) Approving Rezone Application  
P22-01353 which proposes to rezone approximately 1,078 acres of  
property within the West Area Neighborhoods Specific Plan area to  
be consistent with the planned land uses proposed in the Plan.  
6. RESOLUTION - Authorizing the Planning Department Director or her  
designee to update the text, policies, maps, tables, and figures  
contained in the West Area Neighborhoods Specific Plan document  
to reflect the final action taken by City Council, to the extent that such  
updates are necessary to maintain consistency.  
7. RESOLUTION - Directing staff to perform needed analysis to initiate a  
follow-up Plan Amendment to the West Area Neighborhoods  
Specific Plan to include staff-recommended land use change  
requests and an updated dual land use map.  
The above item was removed from the agenda by staff with no specific  
return date.  
TABLED  
3. GENERAL ADMINISTRATION  
Progress of Code Enforcement, including ASET Quarterly report.  
3.-A.  
ID 22-1553  
Chief Assistant City Attorney Camarena and Assistant City Attorney  
Roberson provided the update to Council.  
PRESENTED  
4. CITY COUNCIL  
There were no City Council items on the agenda.  
5. CLOSED SESSION  
In open session, Interim City Attorney Gonzales listed the items that would  
be heard in closed session.  
5.-A.  
ID 22-1470  
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION  
Government Code Section 54956.9, subdivision (d)(1)  
Alexa Smith, et al. v. City of Fresno, et al.; (Police Department)  
Fresno Superior Court Case No. 20CECG01010  
The above item was discussed in closed session. There were no open  
session announcements regarding this item.  
DISCUSSED  
5.-B.  
ID 22-1588  
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION,  
Government Code Section 54956.9(d)(2)  
Significant Exposure to Litigation: Howard Jarvis Taxpayers Assn. v. City  
of Fresno  
The above item was discussed in closed session. There were no open  
session announcements regarding this item.  
DISCUSSED  
CONSIDER  
PUBLIC  
EMPLOYEE  
APPOINTMENT  
-
Government  
5.-C.  
ID 22-1571  
Code Section 54957(b):  
Consider the appointment, employment, evaluation of performance,  
discipline, or dismissal of a public employee.  
Title: City Attorney  
During open session, interim City Attorney Gonzales announced her recusal  
from this item due to a conflict. The above item was discussed in closed  
session. There were no open session announcements regarding this item.  
DISCUSSED  
5.-D.  
ID 22-1597  
CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION,  
Government Code Section 54956.9(d)(4) - City Council is considering  
whether to initiate litigation: One (1) potential case  
The above item was removed from the agenda by Vice President Maxwell  
with no specific return date.  
TABLED  
5.-E.  
ID 22-1568  
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)  
The above item was removed from the agenda by Vice President Maxwell  
with no specific return date.  
TABLED  
ADJOURNMENT  
Council adjourned from open session at 4:39 P.M.  
The above minutes were approved by unanimous vote of the City Council during the  
November 3, 2022, regular meeting with Councilmember Karbassi absent.