City Council
Regular MeetingFresno, CA · June 30, 2022
Minutes
City of Fresno
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
Meeting Minutes - Final
Thursday, June 30, 2022
9:00 AM
Regular Meeting / Final Budget Adoption
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
City Council Meeting Minutes - Final June 30, 2022
The City Council for the City of Fresno convened in regular session on June 30,
2022, at 9:00 A.M.
9:06 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 by Reza Nekumanesh from the Islamic Cultural Center of Fresno
Pledge of Allegiance to the Flag
APPROVE AGENDA
Councilmember Chavez announced a conflict and recused himself from
Closed Session item 5-A (ID 22-1056) regarding Existing Litigation City of
Fresno v. United States Department of Interior, Bureau of Reclamation, US
Court of Federal Claims.
Councilmember Soria announced a conflict and recused herself from
Closed Session item 5-B (ID 22-1077) regarding Potential Exposure to
Litigation Central Valley NMTC Fund, LLC., v. City of Fresno.
THE FOLLOWING ITEMS WERE REMOVED FROM THE AGENDA AND
TABLED TO JULY 21, 2022:
Consent Calendar item 1-A (ID 22-1078) regarding approval of minutes for
the June 23, 2022, Regular Meeting - removed from the agenda and tabled
to July 21, 2022.
10:00 A.M. #1 regarding Text Amendment Application No. P21-05809 -
tabled to July 21, 2022, at 10:00 A.M. by Councilmember Arias with a
request for staff to include the updated information received from the
stakeholders in the staff report.
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THE FOLLOWING CONSENT CALENDAR ITEMS WERE MOVED TO THE
CONTESTED CONSENT CALENDAR FOR FURTHER DISCUSSION:
1-G (ID 22-1079) regarding to adjust various fees in the Police Department -
moved to Contested Consent by Councilmember Arias.
1-K (ID 22-1088) regarding the compensation of elective officer - moved to
Contested Consent by Vice President Maxwell.
AGENDA APPROVED AS AMENDED
On motion of Councilmember Soria, seconded by Councilmember
Karbassi, 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
ID 22-1072 Proclamation Honoring Patsy Montgomery
PRESENTED
COUNCILMEMBER REPORTS AND COMMENTS
Councilmember Arias briefly spoke on Consent Calendar item 1-K regarding
the compensation of elective officers.
Council President Esparza wished everyone a happy Pride Month and
thanked the budget team for all their hard work.
MAYOR/MANAGER REPORTS AND COMMENTS
There were no reports from the City Manager White or Mayor Dyer.
UNSCHEDULED COMMUNICATION
Upon call, the following members of the public addressed Council: Mary
Padilla, Fernando Paul Elizando, Lisa Flores, Zackary Taylor, Deborah,
Natalie Torres, John Fuller, and Brandi Nuse-Villegas.
ID 22-1309 Unscheduled Communications Received.
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City Council Meeting Minutes - Final June 30, 2022
1. CONSENT CALENDAR
APPROVAL OF THE CONSENT CALENDAR
On motion of Councilmember Karbassi, seconded by Councilmember
Soria, the CONSENT CALENDAR was hereby adopted by the following
vote:
Aye: 6 - Esparza, Maxwell, Soria, Karbassi, Arias and Bredefeld
Absent: 1 - Chavez
1-A. ID 22-1078 Approval of the Minutes for the June 16, 2022, Regular City Council
Meeting, June 20, 2022 Special Closed Session Meeting, June 20, 2022
Budget Hearing Meeting, and the June 23, 2022, Regular City Council
Meeting.
The minutes for June 23, 2022, Regular Meeting were tabled to July 21,
2022.
APPROVED ON CONSENT CALENDAR
1-B. ID 22-1021 Award an Agreement for 25 Axon Body 3 Flex Body Worn -Video
Cameras, with unlimited Data Storage and related services; Authorize the
Director of the Airport or Designee to execute this agreement
APPROVED ON CONSENT CALENDAR
1-C. ID 22-1086 ***BILL B-16 (Intro’d 6/23/2022)(For Adoption) - Amending Administrative
Abatement, Fresno Municipal Code (FMC) Section 10-616 (Subject to
Mayor’s Veto).
ORDINANCE 2022-017 ADOPTED
APPROVED ON CONSENT CALENDAR
1-D. ID 22-1081 Actions pertaining to the International Association of Fire Fighters (IAFF),
Local 202 for Unit 5 and Unit 10
1. ***Adopt an amended Memorandum of Understanding between the
City of Fresno and International Association of Fire Fighters (IAFF),
Local 202, Non-Management Fire for Unit 5 (Subject to Mayor’s
Veto)
2. ***Adopt an amended Memorandum of Understanding between the
City of Fresno and International Association of Fire Fighters (IAFF),
Local 202, Fire Management for Unit 10 (Subject to Mayor’s Veto)
3. ***RESOLUTION: Adopt the Twenty-first Amendment to FY 2022
Salary Resolution No. 2021-176, amending Exhibit 5, Fire
Non-Management (IAFF), and Exhibit 10, Fire Management, as
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City Council Meeting Minutes - Final June 30, 2022
required by the amended Memoranda of Understanding between
the City of Fresno and International Association of Fire Fighters
(IAFF), Local 202 (Subject to Mayor’s veto)
RESOLUTION 2022-149 ADOPTED
APPROVED ON CONSENT CALENDAR
1-E. ID 22-1090 ***BILL B-20 (Intro’d 6/23/2022)(For Adoption) - Approving the
Development Agreement by and between the City of Fresno and Parc
West Development, Inc. for purposes of the Parc West Project, pertaining
to ±160 acres of property located on the west side of North Grantland
Avenue between West Ashlan Avenue and the West Gettysburg Avenue
alignment (Subject to Mayor’s Veto).
ORDINANCE 2022-018 ADOPTED
APPROVED ON CONSENT CALENDAR
1-F. ID 22-1038 Actions pertaining to using the Parkway Inn located at 959 N. Parkway
Drive, Fresno 93728, as an interim low-barrier homeless shelter:
1. Adopt a finding of Categorical Exemption pursuant to Section
15301 of the California Environmental Quality Act (CEQA)
guidelines
2. Approve a Repair Services Agreement with the Fresno Housing
Authority not to exceed $5,406,505 (District 3)
APPROVED ON CONSENT CALENDAR
1-H. ID 22-1023 RESOLUTION - Authorizing the Submission of Grant Applications to the
Fresno Council of Governments 2022/23 Measure C New Technology
Reserve Grant Program for Advanced Transit and Transportation Projects
Totaling Up to $4.4 Million in Requests for Funding; and Authorizing the
Execution of Grant Application and Grant Agreement Documents by the
Public Works and Transportation Directors or Designees (Citywide)
RESOLUTION 2022-151 ADOPTED
APPROVED ON CONSENT CALENDAR
1-I. ID 22-1024 Actions pertaining to the Milburn and Dakota New Park Project:
1. Affirm City Manager’s determination that the Community Design Works
Group is uniquely qualified to provide design services
2. Approve an agreement with (CWDG) in the amount of $689,690 plus a
contingency amount not to exceed $50,000 for the design and preparation
of construction documents for the Milburn and Dakota New Park Project
(Council District 1)
APPROVED ON CONSENT CALENDAR
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City Council Meeting Minutes - Final June 30, 2022
1-J. ID 22-1087 ***BILL B-17 (Intro’d 6/23/2022)(For Adoption) - Creating the Tenant
Relocation Benefits Following City Order To Vacate Due To Immediate
Health And Safety Risk Ordinance, FMC section 11-338 (Subject to
Mayor’s Veto).
ORDINANCE 2022-019 ADOPTED
APPROVED ON CONSENT CALENDAR
CONTESTED CONSENT CALENDAR
1-G. ID 22-1079 ***RESOLUTION - Adopt the 569th Amendment to the Master Fee
Schedule Resolution No. 80-420 to adjust various fees in the Police
Department (Subject to Mayor’s Veto)
There was no staff presentation on the above item. There was no discussion
on this item.
Councilmember Arias motioned to approve the above item with the
exception of the police vehicle rate that will come back with an updated
formula once they make the appropriate assessments and adjustments.
Council President Esparza seconded the motion.
RESOLUTION 2022-150 ADOPTED AS AMENDED
On motion of Councilmember Arias, seconded by Council President
Esparza, 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
1-K. ID 22-1088 ***BILL B-18 (Intro’d 6/23/2022)(For Adoption) - Repealing Ordinance No.
2018-67 of the Fresno Municipal Code and adopting an ordinance setting
forth the compensation of elective officers (Subject to Mayor’s Veto).
The above item was presented to Council by Vice President Maxwell and
Councilmember Chavez.
Discussion on this item included community input and feedback regarding
the proposed salary increase, the analysis of the new pay structure, and not
capping the mayor’s salary increase.
Mayor Dyer requested the mayor’s salary be capped at $149,500 and that
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City Council Meeting Minutes - Final June 30, 2022
be the only increase for the life of his term(s).
Councilmember Bredefeld spoke in opposition of the salary increase.
Councilmember Chavez motioned to amend the proposed ordinance setting
the compensation of elective officers as follows; 1. Section 2 of the
ordinance is amended to state that Councilmembers compensation will be
$92,000 starting January 1, 2023, $101,200 starting on January 1, 2024, and
$111,320 starting on January 1, 2025, and continuing until otherwise
modified. 2. Section 3 of the ordinance is amended to state that the Council
President's compensation shall be 12.5% greater than Councilmember's
compensation. 3. Section 4 of the ordinance is amended to state that the
Mayor's compensation will be $149,500 starting January 1, 2023, $164,450
starting on January 1, 2024, and $180,895 starting on January 1, 2025 and
continuing until otherwise modified. Councilmember Karbassi seconded the
motion.
BILL B-18 REINTRODUCED AS AMENDED
On motion of Councilmember Chavez, seconded by Councilmember
Karbassi, that the above item be REINTRODUCED AS AMENDED. The
motion carried by the following vote:
Aye: 5 - Esparza, Maxwell, Karbassi, Arias and Chavez
No: 2 - Soria and Bredefeld
2. SCHEDULED COUNCIL HEARINGS AND MATTERS
9:00 A.M. - ACTIONS ON THE FISCAL YEAR 2023 BUDGET AND
RELATED ITEMS
City Manager White addressed and introduced the budget adoption
documents to the Council.
Upon call, the following members of the public addressed Council: Gloria
Hernandez, Lisa Flores, Gabriel Lozano, Kimberly McCoy, Astrid Morales,
Karla Martinez, Brandi Nuse-Villegas, and Jose Leon Barraza, Kiel
Lopez-Schmidt, Pedro Navarro Cruz, Cindy, Christopher Washington, Dez
Martinez, Anna Medrano, and Ruben Espinoza.
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Discussion on the item included: Establishing and Housing Division for
housing the homeless; allocation of funds to new housing developments;
maintaining and improving parks; gun violence and gang intervention;
Advance Peace; improvements to downtown parking garages; repaving
streets in the communities; neighborhood infrastructure; construction of Fire
Station 12; the plan for bond financing for the training facility; the
reconciliation summary of Quigley Park; fund the carryover for Emerson
median island; irrigation repairs and upkeep of the parks; a Police Station
West of the 99; planning for a recession; increase rebates for water
conservation; funding slurry seals on the streets; upgrade to Pinedale;
raising more funds for the reserves; the increase in Police Officers, and;
bicycle proactive unit.
City Clerk Stermer read a correction into the record regarding the Fiscal
Year 2023 Position Authorization Resolution as follows: the last page of the
supplement under part 6 Transportation Department was omitted and should
read "Transportation Department section 25.1 Fax Operating Division,
Transportation Maintenance Division, Transportation Administration
Division, Transportation Planning Division, and Support Services Division
months authorized full year number of positions authorized 25, full-time
equivalent 20."
Council President Esparza announced on June 23, 2022, the Council
adopted Budget Motions 1-91 and 93 which resulted in the General Fund for
the proposed Fiscal Year 2023 budget being out of balance by
approximately $60 million. Previously, $27 million from ARPA and $12.4
million in General Fund carryover was appropriated by the Council to fund
Public Works for neighborhood infrastructure projects. He noted the
Administration and Council Budget Subcommittee met to negotiate a
resolution that would allow the Council to adopt a balanced budget as
required by the City Charter. The Annual Appropriations Resolution (AAR)
and related budget documents for consideration would accomplish the
balanced budget requirement. A reconciliation summary sheet outlining the
changes contained in the AAR had been distributed along with the budget
documents.
Council President EsparzaI moved to adopt Item 2-C, the Fiscal Year 2023
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City Council Meeting Minutes - Final June 30, 2022
Annual Appropriation Resolution, and related items 2-A, 2-B, 2-D, 2-E, and
2-F and noted the motion would supersede all previous budget motions.
Vice President Maxwell seconded the motion.
A ID 22-1082 ***RESOLUTION - Adopt the FY 2023 Salary Resolution (Subject to
Mayor’s Veto).
RESOLUTION 2022-152 ADOPTED
On motion of Council President Esparza, 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
B. ID 22-1045 ***RESOLUTION - Adopt the FY 2023 Position Authorization Resolution.
(Subject to Mayor’s veto)
RESOLUTION 2022-153 ADOPTED
On motion of Council President Esparza, 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
C. ID 22-1046 ***RESOLUTION - Adopt the FY 2023 Annual Appropriation Resolution.
(Subject to Mayor’s veto)
Council President Esparza announced a conflict with the ARPA item related
to Fiscal Year 2022-Budget Motion 58, found on Page 2 of the Fiscal Year
2023 Budget Reconciliation Summary, and will recused himself from that
item only because of the item’s proximity to his primary residence.
RESOLUTION 2022-154 ADOPTED
On motion of Council President Esparza, 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
D. ID 22-1048 ***RESOLUTION - FY 2023 Gann Appropriation Limit Resolution
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(Subject to Mayor’s veto)
Council President Esparza registered a "no" vote for the above item.
RESOLUTION 2022-155 ADOPTED
On motion of Council President Esparza, seconded by Vice President
Maxwell, that the above Action Item be ADOPTED. The motion carried
by the following vote:
Aye: 6 - Maxwell, Soria, Karbassi, Arias, Chavez and Bredefeld
No: 1 - Esparza
E. ID 22-979 ***RESOLUTION - To Adopt an Investment Policy for Public Funds for
Fiscal Year 2022-2023. (Subject to Mayor’s Veto)
RESOLUTION 2022-156 ADOPTED
On motion of Council President Esparza, 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
F. ID 22-1044 ***BILL - (For introduction and adoption) - Adoption of Property Tax
Override Ordinance (Subject to Mayor’s veto)
BILL B-21 INTRODUCED / ADOPTED AS ORDINANCE 2022-020
On motion of Council President Esparza, 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
(CONTINUED FROM JUNE 23, 2022) 10:00 A.M. #1
ID 22-989 HEARING Consideration of Text Amendment Application No. P21-05809
and related Environmental Finding for Environmental Assessment No.
P21-05809, amending Section 15-2010 of the Fresno Municipal Code,
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
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City Council Meeting Minutes - Final June 30, 2022
common sense 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. RECOMMEND APPROVAL WITH CONDITIONS set forth by the
Planning Commission Text Amendment Application No. P21-
05809, to amend Section 15-2010 of the Fresno Municipal Code
relating to the Zone Districts where Electrified Fences are
permitted.
The above item was tabled to July 21, 2022 at 10:00 A.M. by
Councilmember Arias.
TABLED
10:00 A.M. #2
ID 22-1027
The above hearing was called to order at 10:16 A.M. There was no staff
presentation on the above item and no Council discussion. Upon call, the
following member of the public addressed Council: Lisa Flores. Public
comment was closed at 10:20 A.M.
RESOLUTION 2022-157 ADOPTED
RESOLUTION 2022-158 ADOPTED
RESOLUTION 2022-159 ADOPTED
BILL B-22 INTRODUCED / ADOPTED AS ORDINANCE 2022-021
On motion of Council President Esparza, 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.
ID 22-1026 HEARING to consider the proposed Annual Assessment for the City of
Fresno Landscaping and Lighting Maintenance District No. 1 (Citywide)
1. ***RESOLUTION - Confirming the diagram and assessment and
levy of annual assessment, 2022-2023, for Landscaping and
Lighting District No. 1 (Subject to Mayor’s Veto)
The above hearing was called to order at 10:20 A.M. There was no staff
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City Council Meeting Minutes - Final June 30, 2022
presentation, no Council discussion. Upon call, there was no public
comment. Public comment was closed at 10:21 A.M.
RESOLUTION 2022-160 ADOPTED
On motion of Councilmember Soria, 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
3. GENERAL ADMINISTRATION
There were no General Administration items on the agenda.
4. CITY COUNCIL
There were no City Council items on the agenda.
4-A. ID 22-1084 RESOLUTION - Initiating a General Plan Amendment and Rezone of Real
Property located on North Emerson Avenue between North Marks Avenue
and North West Avenue
The above item was introduced to Council by Councilmember Soria. There
was no Council discussion.
Upon call, the following members of the public addressed Council: Mary
Padilla and Lisa Flores.
RESOLUTION 2022-161 ADOPTED
On motion of Councilmember Soria, 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. CLOSED SESSION
Upon call, there was no public comment for Closed Session items.
During open session, Interim City Attorney Gonzales announced each of the
Closed Session items listed on the agenda.
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Council withdrew from Open Session to hear Closed Session items at 2:04
P.M.
5.-A. ID 22-1056 CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION -
Government Code Section 54956.9, subdivision (d)(1):
City of Fresno v. United States Department of Interior, Bureau of
Reclamation; US Court of Federal Claims 1:16-cv-01276
Councilmember Chavez recused himself and was not present for the
discussion of the above item. There were no open session announcements
following the above closed session item.
DISCUSSED
5.-B. ID 22-1077
POTENTIAL EXPOSURE TO LITIGATION: Government Code Section
54956.9(d)(2):
Central Valley NMTC Fund, LLC., v. City of Fresno
Councilmember Soria recused herself and was not a present for the
discussion of the above item. There were no open session announcements
following the above closed session item.
DISCUSSED
5.-C. ID 22-1091
CONFERENCE WITH LABOR NEGOTIATORS - Government Code
Section 54957.6
City Negotiators: TJ Miller
Employee Organizations:
1. International Union of Operating Engineers, Stationary Engineers, Local
39 (Local 39); 2. Fresno City Employees Association (FCEA); 3. Fresno
Police Officers Association (FPOA Basic), Unit 4; 4. International
Association of Firefighters, Local 753, Unit 5 (Fire Basic); 5. Amalgamated
Transit Union, Local 1027 (ATU); 6. International Brotherhood of Electrical
Workers, Local 100 (IBEW); 7. Fresno Police Officers Association (FPOA
Management); 8. International Association of Firefighters, Local 753, Unit
10 (Fire Management); 9. City of Fresno Professional Employees
Association (CFPEA); 10. City of Fresno Management Employees
Association (CFMEA); 11. Operating Engineers, Local Union No. 3,
Fresno Airport Public Safety Supervisors (FAPSS); 12. Operating
Engineers, Local Union No. 3, Fresno Airport Public Safety Officers
(FAPSO); 13. Unrepresented Employees in Unit 2 (Non-Represented
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City Council Meeting Minutes - Final June 30, 2022
Management and Confidential Classes): Airport Public Safety Manager,
Assistant City Attorney, Assistant City Manager, Assistant Controller,
Assistant Director, Assistant Director of Personnel Services, Assistant
Director of Public Utilities, Assistant Director of Public Works, Assistant
Police Chief, Assistant Retirement Administrator, Background Investigator,
Budget Analyst, Budget Manager, Chief Assistant City Attorney, Chief
Information Officer, Chief of Staff to Councilmember, Chief of Staff to the
Mayor, City Attorney (City Negotiator, Council President Esparza), City
Attorney Investigator, City Clerk (City Negotiator, Council President
Esparza), City Engineer, City Manager (City Negotiator, Mayor Dyer),
Community Coordinator, Community Outreach Specialist, Controller,
Council Assistant, Deputy City Attorney II , Deputy City Attorney III, Deputy
City Manager, Director, Director of Aviation, Director of Development,
Director of Personnel Services, Director of Public Utilities, Director of
Transportation, Economic Development Coordinator, Economic
Development Director , Executive Assistant to Department Director,
Executive Assistant to the City Attorney, Executive Assistant to the City
Manager, Executive Assistant to the Mayor, Fire Chief, Governmental
Affairs Manager, Human Resources Manager, Independent Reviewer,
Internal Auditor, Investment Officer, Labor Relations Manager,
Management Analyst II, Payroll Accountant, Payroll Manager, Police Chief,
Principal Budget Analyst, Principal Internal Auditor, Principal Labor
Relations Analyst, Public Affairs Officer, Public Works Director, Retirement
Administrator, Retirement Benefits Manager, Retirement Office Manager,
Senior Budget Analyst, Senior Deputy City Attorney I, Senior Deputy City
Attorney II, Senior Deputy City Attorney III, Senior Human Resources/Risk
Analyst, Senior Law Clerk, Supervising Deputy City Attorney
There were no open session announcements following the above closed
session item.
DISCUSSED
5.-D. ID 22-1100 CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION
Government Code Section 54956.9, subdivision (d)(2): Case Name:
Verizon Wireless vs. City of Fresno.
The above item was tabled to July 21, 2022, by Vice President Maxwell.
TABLED
5.-E. ID 22-1101 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Government Code 54956.9(d)(1); Existing
Litigation: J & A Mash & Barrel, LLC. v. Superior Court of Fresno County.
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City Council Meeting Minutes - Final June 30, 2022
Government Code section 54956.9(d)(2);
Claim by Adventure Church against City of Fresno dated May 4, 2022.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR -
Government Code Section 54956.8; Property: 809 E Olive Ave;
Negotiating Parties: City Manager, Lawrence Abbate; Under Negotiation:
Terms and Conditions of Property Acquisition.
There were no open session announcements following the above closed
session item.
DISCUSSED
ADJOURNMENT
City Council adjourned from Closed Session at 3:35 P.M.
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Agenda
City of Fresno
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
Meeting Agenda - Final-revised
Thursday, June 30, 2022
9:00 AM
Regular Meeting / Final Budget Adoption
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
City Council Meeting Agenda - June 30, 2022
Final-revised
PUBLIC ADVISORY:
THE FRESNO CITY COUNCIL WELCOMES YOU TO CITY COUNCIL CHAMBERS,
LOCATED IN CITY HALL, 2ND FLOOR, 2600 FRESNO STREET, FRESNO,
CALIFORNIA 93721.
You can also participate in the meeting on our City’s website click on the URL
https://fresno.legistar.com/Calendar.aspx and click on the “In progress” link under
“video” for the corresponding meeting. The Council meeting can also be viewed live
at 9:00 A.M. on Comcast Channel 96 and AT&T Channel 99.
The City Council Chambers are open for public participation. However, members of
the public are encouraged to participate electronically because of reduced capacity
of seating in the Chambers to allow for social distancing, and masks will be required
for the vaccinated and unvaccinated.
PUBLIC COMMENT: The following options are available for members of the public
who want to address City Council:
1. eComment at https://fresno.legistar.com/Calendar.aspx.
a) eComments is a tool for citizens to use to make comments on agenda items. It will
be open during the Council meeting and closed at the end of the meeting and will be
a part of the official record. The User Agreement and Procedures document for
eComment can be accessed by the URL https://www.fresno.gov/cityclerk/
b) eComments will be a maximum of 450 words.
OR
2. You are invited to a Zoom webinar.
When: June 30, 2022 9:00 AM Pacific Time (US and Canada)
Topic: June 30, 2022 Regular Meeting
a) Register in advance for this webinar:
https://zoom.us/webinar/register/WN_WGvVZAEHQCi4iLvQWdtJCw
After registering, you will receive a confirmation email containing information about
joining the webinar.
b) If you do not wish for your name to appear on the screen, then use the drop
down menu and click on “rename” to rename yourself.
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City Council Meeting Agenda - June 30, 2022
Final-revised
c) If you wish to address Council during the public comment portion of the agenda,
click on the icon labeled “Participants” at the bottom center of your PC or Mac
screen. At the bottom of the window on the right side of the screen, click the icon
labeled “RaiseHand”. Your digital hand will now be raised.
d) Those addressing Council must state their name for the record.
e) To facilitate electronic access, no person shall speak until recognized by the
Presiding Officer.
OR
3. Email: to clerk@fresno.gov
a) Residents may also email comments to be read during the meeting. Please include
the agenda date and item number you wish to speak on in the subject line of your
email.
b) Emails will be a maximum of 450 words.
c) All comments received will be distributed to Council prior and during the meeting
and will be a part of the official record.
Pursuant to Rule 11 (c) of the Rules of Procedure for the City Council of the City of
Fresno, no documents shall be accepted for Council review unless submitted to the
City Clerk at least 24 hours prior to the Council Agenda item be heard.
All participants will be on mute until they are called upon at which point they will be
unmuted. To prevent participants from having their video on, we will remove the
option to show their video.
The City of Fresno’s goal is to comply with the Americans with Disabilities Act, If you
need additional accommodations such as interpreters, sign language signers, or the
services of a translator, please contact the office of the City Clerk at (559) 621-7650
or clerk@fresno.gov. To ensure availability, you are advised to
make your request at least three business days prior to the meeting.
The City of Fresno thanks you in advance for taking all precautions to prevent
spreading COVID19 virus.
City of Fresno ***Subject to Mayoral Veto Page 3
City Council Meeting Agenda - June 30, 2022
Final-revised
9:00 A.M. ROLL CALL
Invocation by Reza Nekumanesh from the Islamic Cultural Center of Fresno
Pledge of Allegiance to the Flag
APPROVE AGENDA
CEREMONIAL PRESENTATIONS
ID 22-1072 Proclamation Honoring Patsy Montgomery
Sponsors: Councilmember Soria
COUNCILMEMBER REPORTS AND COMMENTS
MAYOR/MANAGER REPORTS AND COMMENTS
UNSCHEDULED COMMUNICATION
PLEASE NOTE: UNSCHEDULED COMMUNICATION IS NOT SCHEDULED FOR A
SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING
1. CONSENT CALENDAR
1-A. ID 22-1078 Approval of the Minutes for the June 16, 2022, Regular City
Council Meeting, June 20, 2022 Special Closed Session
Meeting, June 20, 2022 Budget Hearing Meeting, and the
June 23, 2022, Regular City Council Meeting.
Sponsors: Office of the City Clerk
1-B. ID 22-1021 Award an Agreement for 25 Axon Body 3 Flex Body Worn
-Video Cameras, with unlimited Data Storage and related
services; Authorize the Director of the Airport or Designee to
execute this agreement
Sponsors: Airports Department
1-C. ID 22-1086 ***BILL B-16 (Intro’d 6/23/2022)(For Adoption) - Amending
Administrative Abatement, Fresno Municipal Code (FMC)
Section 10-616 (Subject to Mayor’s Veto).
Sponsors: City Attorney's Office
City of Fresno ***Subject to Mayoral Veto Page 4
City Council Meeting Agenda - June 30, 2022
Final-revised
1-D. ID 22-1081 Actions pertaining to the International Association of Fire
Fighters (IAFF), Local 202 for Unit 5 and Unit 10
1. ***Adopt an amended Memorandum of Understanding
between the City of Fresno and International Association of
Fire Fighters (IAFF), Local 202, Non-Management Fire for
Unit 5 (Subject to Mayor’s Veto)
2. ***Adopt an amended Memorandum of Understanding
between the City of Fresno and International Association of
Fire Fighters (IAFF), Local 202, Fire Management for Unit 10
(Subject to Mayor’s Veto)
3. ***RESOLUTION: Adopt the Twenty-first Amendment to
FY 2022 Salary Resolution No. 2021-176, amending Exhibit
5, Fire Non-Management (IAFF), and Exhibit 10, Fire
Management, as required by the amended Memoranda of
Understanding between the City of Fresno and International
Association of Fire Fighters (IAFF), Local 202 (Subject to
Mayor’s veto)
Sponsors: Personnel Services Department
1-E. ID 22-1090 ***BILL B-20 (Intro’d 6/23/2022)(For Adoption) - Approving
the Development Agreement by and between the City of
Fresno and Parc West Development, Inc. for purposes of the
Parc West Project, pertaining to ±160 acres of property
located on the west side of North Grantland Avenue between
West Ashlan Avenue and the West Gettysburg Avenue
alignment (Subject to Mayor’s Veto).
Sponsors: Planning and Development Department
1-F. ID 22-1038 Actions pertaining to using the Parkway Inn located at 959 N.
Parkway Drive, Fresno 93728, as an interim low-barrier
homeless shelter:
1. Adopt a finding of Categorical Exemption pursuant to
Section 15301 of the California Environmental Quality Act
(CEQA) guidelines
2. Approve a Repair Services Agreement with the Fresno
Housing Authority not to exceed $5,406,505 (District 3)
Sponsors: Planning and Development Department
City of Fresno ***Subject to Mayoral Veto Page 5
City Council Meeting Agenda - June 30, 2022
Final-revised
1-G. ID 22-1079 ***RESOLUTION - Adopt the 569th Amendment to the Master
Fee Schedule Resolution No. 80-420 to adjust various fees in
the Police Department (Subject to Mayor’s Veto)
Sponsors: Police Department
1-H. ID 22-1023 RESOLUTION - Authorizing the Submission of Grant
Applications to the Fresno Council of Governments 2022/23
Measure C New Technology Reserve Grant Program for
Advanced Transit and Transportation Projects Totaling Up to
$4.4 Million in Requests for Funding; and Authorizing the
Execution of Grant Application and Grant Agreement
Documents by the Public Works and Transportation Directors
or Designees (Citywide)
Sponsors: Public Works Department and Department of Transportation
1-I. ID 22-1024 Actions pertaining to the Milburn and Dakota New Park
Project:
1. Affirm City Manager’s determination that the Community
Design Works Group is uniquely qualified to provide design
services
2. Approve an agreement with (CWDG) in the amount of
$689,690 plus a contingency amount not to exceed $50,000
for the design and preparation of construction documents for
the Milburn and Dakota New Park Project (Council District 1)
Sponsors: Public Works Department, Parks, After School and
Recreation and Community Services Department
1-J. ID 22-1087 ***BILL B-17 (Intro’d 6/23/2022)(For Adoption) - Creating the
Tenant Relocation Benefits Following City Order To Vacate
Due To Immediate Health And Safety Risk Ordinance, FMC
section 11-338 (Subject to Mayor’s Veto).
Sponsors: Vice President Maxwell
1-K. ID 22-1088 ***BILL B-18 (Intro’d 6/23/2022)(For Adoption) - Repealing
Ordinance No. 2018-67 of the Fresno Municipal Code and
adopting an ordinance setting forth the compensation of
elective officers (Subject to Mayor’s Veto).
City of Fresno ***Subject to Mayoral Veto Page 6
City Council Meeting Agenda - June 30, 2022
Final-revised
Sponsors: Vice President Maxwell, Councilmember Karbassi and
Councilmember Chavez
CONTESTED CONSENT CALENDAR
2. SCHEDULED COUNCIL HEARINGS AND MATTERS
9:00 A.M. - ACTIONS ON THE FISCAL YEAR 2023 BUDGET AND
RELATED ITEMS
A ID 22-1082 ***RESOLUTION - Adopt the FY 2023 Salary Resolution
(Subject to Mayor’s Veto).
Sponsors: Personnel Services Department
B. ID 22-1045 ***RESOLUTION - Adopt the FY 2023 Position Authorization
Resolution. (Subject to Mayor’s veto)
Sponsors: Office of Mayor & City Manager
C. ID 22-1046 ***RESOLUTION - Adopt the FY 2023 Annual Appropriation
Resolution. (Subject to Mayor’s veto)
Sponsors: Office of Mayor & City Manager
D. ID 22-1048 ***RESOLUTION - FY 2023 Gann Appropriation Limit
Resolution (Subject to Mayor’s veto)
Sponsors: Office of Mayor & City Manager
E. ID 22-979 ***RESOLUTION - To Adopt an Investment Policy for Public
Funds for Fiscal Year 2022-2023. (Subject to Mayor’s Veto)
Sponsors: Finance Department
F. ID 22-1044 ***BILL - (For introduction and adoption) - Adoption of
Property Tax Override Ordinance (Subject to Mayor’s veto)
Sponsors: Office of Mayor & City Manager
(CONTINUED FROM JUNE 23, 2022) 10:00 A.M. #1
ID 22-989 HEARING Consideration of Text Amendment Application No.
P21-05809 and related Environmental Finding for
Environmental Assessment No. P21-05809, amending
Section 15-2010 of the Fresno Municipal Code, relating to
City of Fresno ***Subject to Mayoral Veto Page 7
City Council Meeting Agenda - June 30, 2022
Final-revised
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 common sense 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. RECOMMEND APPROVAL WITH CONDITIONS set forth
by the Planning Commission Text Amendment Application
No. P21-05809, to amend Section 15-2010 of the Fresno
Municipal Code relating to the Zone Districts where
Electrified Fences are permitted.
Sponsors: Planning and Development Department
10:00 A.M. #2
ID 22-1027 HEARING to adopt resolutions and ordinance to annex
territory and levy a special tax regarding CITY OF FRESNO
COMMUNITY FACILITIES DISTRICT NO. 11, Annexation
No. 129 (Final Tract Map No. 6201) (property located on
northeast corner of North Armstrong and East Floradora)
(Council District 7)
1. ***RESOLUTION - to Annex Territory to Community
Facilities District No. 11 and Authorizing the Levy of a Special
Tax for Annexation No. 129 (Subject to Mayor’s Veto)
2. ***RESOLUTION - Calling Special Mailed-Ballot Election
(Subject to Mayor’s Veto)
3. ***RESOLUTION - Declaring Election Results (Subject to
Mayor’s Veto)
4. ***BILL - (For introduction and adoption) - Levying a
Special Tax for the Property Tax Year 2022-2023 and Future
Tax Years Within and Relating to Community Facilities
District No. 11, Annexation No. 129 (Subject to Mayor’s Veto)
Sponsors: Public Works Department
City of Fresno ***Subject to Mayoral Veto Page 8
City Council Meeting Agenda - June 30, 2022
Final-revised
10:05 A.M.
ID 22-1026 HEARING to consider the proposed Annual Assessment for
the City of Fresno Landscaping and Lighting Maintenance
District No. 1 (Citywide)
1. ***RESOLUTION - Confirming the diagram and
assessment and levy of annual assessment, 2022-2023, for
Landscaping and Lighting District No. 1 (Subject to Mayor’s
Veto)
Sponsors: Public Works Department
3. GENERAL ADMINISTRATION
4. CITY COUNCIL
4-A. ID 22-1084 RESOLUTION - Initiating a General Plan Amendment and
Rezone of Real Property located on North Emerson Avenue
between North Marks Avenue and North West Avenue
Sponsors: Councilmember Soria
5. CLOSED SESSION
5.-A. ID 22-1056 CONFERENCE WITH LEGAL COUNSEL--EXISTING
LITIGATION - Government Code Section 54956.9,
subdivision (d)(1):
City of Fresno v. United States Department of Interior,
Bureau of Reclamation; US Court of Federal Claims
1:16-cv-01276
Sponsors: City Attorney's Office
5.-B. ID 22-1077 POTENTIAL EXPOSURE TO LITIGATION: Government
Code Section 54956.9(d)(2):
Central Valley NMTC Fund, LLC., v. City of Fresno
Sponsors: City Attorney's Office
5.-C. ID 22-1091 CONFERENCE WITH LABOR NEGOTIATORS -
Government Code Section 54957.6
City Negotiators: TJ Miller
Employee Organizations:
City of Fresno ***Subject to Mayoral Veto Page 9
City Council Meeting Agenda - June 30, 2022
Final-revised
1. International Union of Operating Engineers, Stationary
Engineers, Local 39 (Local 39); 2. Fresno City Employees
Association (FCEA); 3. Fresno Police Officers Association
(FPOA Basic), Unit 4; 4. International Association of
Firefighters, Local 753, Unit 5 (Fire Basic); 5. Amalgamated
Transit Union, Local 1027 (ATU); 6. International
Brotherhood of Electrical Workers, Local 100 (IBEW); 7.
Fresno Police Officers Association (FPOA Management); 8.
International Association of Firefighters, Local 753, Unit 10
(Fire Management); 9. City of Fresno Professional
Employees Association (CFPEA); 10. City of Fresno
Management Employees Association (CFMEA); 11.
Operating Engineers, Local Union No. 3, Fresno Airport
Public Safety Supervisors (FAPSS); 12. Operating
Engineers, Local Union No. 3, Fresno Airport Public Safety
Officers (FAPSO); 13. Unrepresented Employees in Unit 2
(Non-Represented Management and Confidential Classes):
Airport Public Safety Manager, Assistant City Attorney,
Assistant City Manager, Assistant Controller, Assistant
Director, Assistant Director of Personnel Services, Assistant
Director of Public Utilities, Assistant Director of Public Works,
Assistant Police Chief, Assistant Retirement Administrator,
Background Investigator, Budget Analyst, Budget Manager,
Chief Assistant City Attorney, Chief Information Officer, Chief
of Staff to Councilmember, Chief of Staff to the Mayor, City
Attorney (City Negotiator, Council President Esparza), City
Attorney Investigator, City Clerk (City Negotiator, Council
President Esparza), City Engineer, City Manager (City
Negotiator, Mayor Dyer), Community Coordinator, Community
Outreach Specialist, Controller, Council Assistant, Deputy
City Attorney II , Deputy City Attorney III, Deputy City
Manager, Director, Director of Aviation, Director of
Development, Director of Personnel Services, Director of
Public Utilities, Director of Transportation, Economic
Development Coordinator, Economic Development Director ,
Executive Assistant to Department Director, Executive
Assistant to the City Attorney, Executive Assistant to the City
Manager, Executive Assistant to the Mayor, Fire Chief,
City of Fresno ***Subject to Mayoral Veto Page 10
City Council Meeting Agenda - June 30, 2022
Final-revised
Governmental Affairs Manager, Human Resources Manager,
Independent Reviewer, Internal Auditor, Investment Officer,
Labor Relations Manager, Management Analyst II, Payroll
Accountant, Payroll Manager, Police Chief, Principal Budget
Analyst, Principal Internal Auditor, Principal Labor Relations
Analyst, Public Affairs Officer, Public Works Director,
Retirement Administrator, Retirement Benefits Manager,
Retirement Office Manager, Senior Budget Analyst, Senior
Deputy City Attorney I, Senior Deputy City Attorney II, Senior
Deputy City Attorney III, Senior Human Resources/Risk
Analyst, Senior Law Clerk, Supervising Deputy City Attorney
Sponsors: Personnel Services Department
5.-D. ID 22-1100 CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED
LITIGATION Government Code Section 54956.9, subdivision
(d)(2): Case Name: Verizon Wireless vs. City of Fresno.
Sponsors: City Attorney's Office
5.-E. ID 22-1101 CONFERENCE WITH LEGAL COUNSEL - EXISTING
LITIGATION Government Code 54956.9(d)(1); Existing
Litigation: J & A Mash & Barrel, LLC. v. Superior Court of
Fresno County.
Government Code section 54956.9(d)(2);
Claim by Adventure Church against City of Fresno dated May
4, 2022.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR -
Government Code Section 54956.8; Property: 809 E Olive
Ave;
Negotiating Parties: City Manager, Lawrence Abbate; Under
Negotiation: Terms and Conditions of Property Acquisition.
Sponsors: City Attorney's Office
ADJOURNMENT
UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS
July 21, 2022
10:00 A.M. - HEARING to adopt resolutions and ordinance to annex territory and
City of Fresno ***Subject to Mayoral Veto Page 11
City Council Meeting Agenda - June 30, 2022
Final-revised
levy a special tax regarding CITY OF FRESNO COMMUNITY FACILITIES
DISTRICT NO. 11, Annexation No. 130 (Final Tract Map No. 6308) (property
located on the northeast corner of North Bryan and West Ashlan) (Council District
1)
August 11, 2022
10:00 A.M. -Mixed Use Text Amendment (Ordinance Introduction)
August 18, 2022
10:00 A.M. - Mixed Use Text Amendment (Ordinance Adoption)
August 18, 2022
5:00 P.M. - West Area Neighborhoods Community Plan
UPCOMING EMPLOYEE CEREMONIES
July 20, 2022 - Employee of the Summer Quarter
October 19, 2022 - Employee of the Fall Quarter
November 16, 2022 -Employee Service Awards
2022 CITY COUNCIL MEETING SCHEDULE
JULY 7, 2022 - NO MEETING
JULY 14, 2022 - NO MEETING
JULY 21, 2022 - 9:00 A.M.
JULY 28, 2022 - NO MEETING
AUGUST 4, 2022 - NO MEETING
AUGUST 11, 2022 - 9:00 A.M.
AUGUST 18, 2022 - 9:00 A.M.
AUGUST 25, 2022 - NO MEETING
SEPTEMBER 1, 2022 - 9:00 A.M.
SEPTEMBER 8, 2022 - NO MEETING
SEPTEMBER 15, 2022 - 9:00 A.M.
SEPTEMBER 22, 2022 - NO MEETING
SEPTEMBER 29, 2022 - 9:00 A.M.
OCTOBER 6, 2022 - NO MEETING
City of Fresno ***Subject to Mayoral Veto Page 12
City Council Meeting Agenda - June 30, 2022
Final-revised
OCTOBER 13, 2022 - 9:00 A.M.
OCTOBER 20, 2022 9:00 A.M.
OCTOBER 27, 2022 - NO MEETING
NOVEMBER 3, 2022 - 9:00 A.M.
NOVEMBER 10, 2022 - NO MEETING
NOVEMBER 17, 2022 - 9:00 A.M.
NOVEMBER 24, 2022 - NO MEETING
DECEMBER 1, 2022 - 9:00 A.M.
DECEMBER 8, 2022 - NO MEETING
DECEMBER 15, 2022 - 9:00 A.M.
DECEMBER 22, 2022 - NO MEETING
DECEMBER 29, 2022 - NO MEETING
City of Fresno ***Subject to Mayoral Veto Page 13
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