City Council
Regular MeetingFresno, CA · February 9, 2023
Minutes
City of Fresno 2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
Meeting Minutes - Final
City Council
President - Tyler Maxwell
Vice President - Annalisa Perea
Councilmembers:
Mike Karbassi, Miguel Angel Arias, Luis Chavez,
Garry Bredefeld, Nelson Esparza
City Manager - Georgeanne A. White
City Attorney - Andrew Janz
City Clerk - Todd Stermer, CMC
Thursday, February 9, 2023 9:00 AM Council Chambers (In
Person and/or Electronic)
Regular Meeting
The City Council met in regular session in the Council Chamber, City Hall, on the
date and time above written.
9:02 A.M. ROLL CALL
Present: 7 - Councilmember Nelson Esparza
Council President Tyler Maxwell
Vice President Annalisa Perea
Councilmember Mike Karbassi
Councilmember Miguel Angel Arias
Councilmember Luis Chavez
Councilmember Garry Bredefeld
Invocation by Dr. Sigrid Horton, Assistant Minister from Our Saviour’s Lutheran Church
Dr. Sigrid Horton gave the invocation.
Pledge of Allegiance to the Flag
Councilmember Bredefeld led the Pledge of Allegiance.
APPROVE AGENDA
City Clerk Stermer announced the following changes to the agenda:
Consent Calendar item 1-H (ID 23-241) regarding agreement with the
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Economic Development Corporation serving Fresno County (EDC) – the
following correction was read into the record: the amount of the agreement
in the staff report should read $175,000, not $150,000.
Consent Calendar Item 1-CC (ID 23-280) regarding the summary vacation of
access right restrictions on the northwest corner of East Copper and North
Maple Avenues – an updated resolution was received with additional
language stating the resolution was subject to mayoral veto.
Councilmember Bredefeld registered a no vote on Consent Calendar 1-K (ID
23-49) regarding the consultant agreement with Byrne Software
Technologies, Inc.
THE FOLLOWING ITEMS WERE REMOVED FROM THE AGENDA AND
TABLED TO THE NEXT MEETING, FEBRUARY 23, 2023
Consent Calendar item 1-A (ID 23-161) regarding approval of the minutes
from January 19, 2023 – removed from the agenda and tabled to February
23, 2023, by staff.
Consent Calendar item 1-B (ID 23-106) regarding the 575th Amendment to
the Master Fee Schedule – removed from the agenda and tabled to
February 23, 2023, by Councilmember Karbassi and Councilmember Arias.
THE FOLLOWING CONSENT CALENDAR ITEMS WERE MOVED TO THE
CONTESTED CONSENT CALENDAR FOR FURTHER DISCUSSION
1-G (ID 23-111) regarding American Rescue Plan Act funding to the Fresno
Area Hispanic Foundation – moved to Contested Consent by Vice President
Perea.
1-H (ID 23-241) regarding agreement with the Economic Development
Corporation serving Fresno County (EDC) – moved to Contested Consent by
Councilmember Arias.
1-I (ID 23-155) regarding the 2021 SAFER Grant – moved to Contested
Consent by Vice President Perea.
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1-J (ID 23-224) regarding the Requirements Contract with American Guard
for security services – moved to Contested Consent by Councilmember
Arias.
1-N (ID 23-91) regarding establishing a Community Benefits Fund and
expenditure plan – moved to Contested Consent by Councilmember Arias.
1-U (ID 23-227) regarding the 3rd amendment to the consultant services
agreement with Carollo Engineers, Inc. – moved to Contested Consent by
Councilmember Arias.
On motion of Councilmember Karbassi, seconded by Vice President
Perea, the agenda was APPROVED AS AMENDED. The motion carried
by the following vote:
Aye: 7 - Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and
Bredefeld
CEREMONIAL PRESENTATIONS
ID 23-265 Proclamation for “Mid Valley - Recycler of The Year”
PRESENTED
ID 23-151 Proclamation for “Heart Month”
PRESENTED
ID 23-158 Proclamation for “Teen Dating Violence Awareness Month.”
PRESENTED
ID 23-185 Proclamation for “African American History Month: Black Resistance a
Journey to Equality”
PRESENTED
ID 23-160 Announcement of Winter Employee of the Quarter (EOQ) Recipients
PRESENTED
COUNCILMEMBER REPORTS AND COMMENTS
Councilmember Karbassi Reports and Comments. Met with the Fresno
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Unified School District Trustee for Area 7 to discuss Safe Routes to School
and activities for children. Recognized Oakland Mayor, Sheng Thao, as the
first Hmong Mayor. Discussed a river cleanup event held by River Alive
Club. Spoke on the importance of a Farm Bureau class recently held at City
Hall. Held a meeting with the administration and Public Works and
expressed excitement for upcoming projects. Discussed recent prank calls
which caused lockdowns at Clovis West High School and the response by
the authorities. Reported his request to close the warming center at the
Pinedale Community Center due to incidents with students at Pinedale
Elementary School.
Councilmember Arias Reports and Comments. Discussed plans to utilize
hotels in the Parkway neighborhood for transitional temporary housing for
the homeless. Reported that the responsibility to house the homeless
belonged to the County of Fresno and the County was failing that
responsibility. Requested the administration discuss with the Chief County
Administrator the plan to re-house people impacted by the closing the
Crossroads rapid re-housing site.
Councilmember Esparza Reports and Comments. Discussed Beautify
Fresno cleanup events at Lafayette Park and around the Hidalgo
Elementary School neighborhood. Reported on a blood drive co-hosted
with SEIU 521 and other elected officials. Announced the Fresno Women's
Commission was taking applications to award seventeen scholarships of
$500 each.
Vice President Perea Reports and Comments. Acknowledged the Mayor
and Public Works Department for quick responses to pothole issues. District
1 partnered with Beautify Fresno to clean up neighborhoods and collected
about 3,400 lbs of trash. Acknowledged the Central Policing Unit for
hosting Coffee with a Cop at Alchemist Coffee Lab. Announced the 25th
Annual Mardi Gras Parade in the Tower District.
Council President Maxwell Reports and Comments. Reported that a
neighborhood in District 4 finally had its streets repaved after 57 years with
1.8 million dollars in Community Development Block Grant funding.
Announced the Fresno Animal Shelter had programs available for $20 spay
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/ neutering of dogs and free spay / neutering of cats. Reported on the
groundbreaking of the International Food Court at the Vision View Business
Center. Announced the Youth Fee Waiver Program to help children
participate in youth sports at a reduced rate. Discussed the grand opening
of the Big Brothers, Big Sisters facility in District 4.
MAYOR/MANAGER REPORTS AND COMMENTS
City Manager White Reports and Comments. Announced the credit rating
for the City of Fresno had been upgraded by Moody's. There was an
overwhelming response from the public for the Fresno Animal Shelter spay
and neuter program. Reported the County of Fresno was required to have a
relocation plan for the closing of the Crossroads rapid re-housing site.
Acknowledged all the Employee of the Quarter recipients for their excellent
work.
Mayor Dyer Reports and Comments. Discussed the groundbreaking of Light
House, a women and children's shelter. Reported on the Beautify Fresno
cleanup recently held in District 1 which collected 3,400 lbs of trash.
Announced his attendance at the Bitwise Digital Empowerment Center
launch event. Met with IRS leaders to discuss housing and transportation
needs of IRS employees in the City of Fresno.
UNSCHEDULED COMMUNICATION
Upon call for unscheduled communication and public comment on Consent
Calendar, Contested Consent Calendar and Closed Session items, the
following members of the public addressed Council: Fernando Elizando;
Sam Frank; Thomas Martin (1-N); Jose Luis Barraza (1-G); Jose Leon
Barraza (1-G); Jordan Sanchez (1-G); Dez Martinez; Cindy Piombino; Robert
McCloskey; Arnold Minor; Linda Ballard; Nasir; Ivanka Saunders (1-H &
1-N); Lisa Flores; Brandi Nuse-Villegas, and Yunus Palos.
1. CONSENT CALENDAR
APPROVAL OF THE CONSENT CALENDAR
On motion of Councilmember Esparza, seconded by Councilmember
Arias, the CONSENT CALENDAR was hereby adopted by the following
vote:
Aye: 6 - Esparza, Maxwell, Perea, Arias, Chavez and Bredefeld
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Absent: 1 - Karbassi
1.-A. ID 23-161 Approval of Minutes for January 19, 2023, Regular Meeting
The above item was tabled to February 23, 2023, by staff.
TABLED
1.-B. ID 23-106 ***RESOLUTION - Adopting the 575th Amendment to the Master Fee
Schedule Resolution No. 80-420 to Add, Adjust, Move, Revise or
Delete Various Fees (Subject to Mayor’s veto).
The above item was tabled to February 23, 2023, by Councilmember
Karbassi and Councilmember Arias.
TABLED
1.-C. ID 23-228 Approve the appointment of Isaiah Green (Resident of District 4) to the
Fresno Housing Authority for a term ending April 30, 2026.
APPROVED ON THE CONSENT CALENDAR
1.-D. ID 23-250 Approve the Second Amendment to the Animal Control Services
Agreement between the City of Fresno and Fresno Humane Animal
Services to allow the City to advance a second one-time payment of
$300,000 for a total of $600,000 for future reimbursements (cash account.)
APPROVED ON THE CONSENT CALENDAR
1.-E. ID 23-219 Approve a consultant services agreement with RS&H California, Inc., to
provide professional airport planning and environmental consulting
services to prepare and implement an Air Traffic Control Tower
Replacement Work Plan for Fresno Yosemite International Airport in the
amount of $362,585 (Council District 4)
APPROVED ON THE CONSENT CALENDAR
1.-F. ID 23-231 Approve a consultant services agreement with JSA Inspections &
Consulting in an amount not to exceed $200,000, to provide professional
inspection, testing, and consultant services for potentially hazardous
materials (lead-based paint and asbestos containing materials) as well as
supervision of removal of hazardous materials for demolitions of
dangerous structures conducted by Code Enforcement
APPROVED ON THE CONSENT CALENDAR
1.-K. ID 23-49 Approve Consultant Services Agreement with Byrne Software
Technologies, Inc. (Byrne) in an amount not to exceed $70,000 for
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Cannabis Module Implementation Services.
Councilmember Bredefeld registered a "no" vote on the above item. As
such, this item was APPROVED 5-1. by the following vote:
Aye: 5 - Perea, Arias, Maxwell, Chavez, Esparza
No: 1 - Bredefeld
Absent: 1 - Karbassi
APPROVED ON THE CONSENT CALENDAR
1.-L. ID 23-50 Approve Project Change Request to the agreement with Tyler
Technologies for implementation and hosting of Financials, Human Capital
Management and Utility Billing software. No additional funding is
requested.
APPROVED ON THE CONSENT CALENDAR
1.-M. ID 23-226 Approve a cooperative purchase agreement with DLT Solutions using a
Maricopa County, AZ contract through OMNIA Partners for support
services for Oracle databases in the amount of $368,176.56.
APPROVED ON THE CONSENT CALENDAR
1.-O. ID 23-154 RESOLUTION - Approving the Final Map of Tract No. 5388, and accepting
dedicated public uses offered therein except for dedications offered
subject to City acceptance of developer installed required improvements -
located at the intersection of North Salinas Avenue and West San Jose
Avenue (Council District 2)
RESOLUTION 2023-028 ADOPTED
APPROVED ON THE CONSENT CALENDAR
1.-P. ID 23-195 RESOLUTION - Of Intention to Annex Final Tract Map No. 6299
as Annexation No. 137 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,
March 30, 2023 at 10:00 am (southeast corner of East Belmont
Avenue and North Armstrong Avenue) (Council District 5)
RESOLUTION 2023-029 ADOPTED
APPROVED ON THE CONSENT CALENDAR
1.-Q. ID 23-196 RESOLUTION - Of Intention to Annex Final Tract Map No. 6299
as Annexation No. LS003 to the City of Fresno Community
Facilities District No. 17 and to Authorize the Levy of Special
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Taxes; and setting the public hearing for Thursday, March 30,
2023 at 10:05 am (southeast corner of East Belmont Avenue
and North Armstrong Avenue) (Council District 5)
RESOLUTION 2023-030 ADOPTED
APPROVED ON THE CONSENT CALENDAR
1.-R. ID 23-197 Approve the Second Amendment to the Consultant Services Agreement
with UltraSystems Environmental Inc., of Irvine, California in the amount of
$32,716, for a total increased contract amount of $146,269, for
professional environmental services and preparation of technical memos
for the McKinley Avenue Widening Project between Marks Avenue and
Hughes Avenue (Council District 3)
APPROVED ON THE CONSENT CALENDAR
1.-S. ID 23-213
***RESOLUTION - Authorizing submission of a 2022 Urban Community
Drought Relief Grant Program application to the California Department of
Water Resources for the Expanded Lawn to Garden Water Conservation
Rebate Program, and authorizing the Director of Public Utilities or
designee to accept grant funds and execute all application and grant
agreement documents on behalf of the City of Fresno (Citywide) (Subject
to Mayor’s Veto)
RESOLUTION 2023-031 ADOPTED
APPROVED ON THE CONSENT CALENDAR
1.-T. ID 23-215 Actions pertaining to the submission of grant applications for the
Environmental Protection Agency (EPA) Grant Program:
1. ***RESOLUTION - Authorizing the submission of a Consumer
Recycling Education and Outreach Grant Program application to the
EPA for the development and execution of an education and
outreach plan and authorizing the Director of Public Utilities or
designee to accept grant funds and execute all application and
grant agreement documents on behalf of the City of Fresno
(Citywide) (Subject to Mayor’s Veto)
2. ***RESOLUTION - Authorizing the submission of a Solid Waste
Infrastructure for Recycling Grant Program application to the EPA
for the purpose of purchasing side loader collection trucks and
cameras, and authorizing the Director of Public Utilities or designee
to accept grant funds and execute all application and grant
agreement documents on behalf of the City of Fresno (Citywide)
(Subject to Mayor’s Veto)
RESOLUTION 2023-032 ADOPTED
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RESOLUTION 2023-033 ADOPTED
APPROVED ON THE CONSENT CALENDAR
1.-V. ID 23-264 Approve the reappointment of Edward Saliba to the Fresno-Madera Area
Agency on Aging Board for a term ending January 2, 2024.
APPROVED ON THE CONSENT CALENDAR
1.-W. ID 23-102 Approve the reappointment of Steven Bradley to the Bicycle and
Pedestrian Advisory Committee (BPAC) for a term ending February 9,
2026
APPROVED ON THE CONSENT CALENDAR
1.-X. ID 23-136 Approve the appointment of Vivian Del Toro to the Friends of Fancher
Creek Committee to a term which serves at the pleasure of the
Councilmember.
APPROVED ON THE CONSENT CALENDAR
1.-Y. ID 23-242 Approve the appointment of Bryan Bird to the Bicycle and Pedestrian
Advisory Committee (BPAC) for a term ending February 9, 2026.
APPROVED ON THE CONSENT CALENDAR
1.-Z. ID 23-223 ***Resolution authorizing the dissolution of certain Council created
Committees (Subject to Mayor’s Veto)
RESOLUTION 2023-034 ADOPTED
APPROVED ON THE CONSENT CALENDAR
1.-AA. ID 23-157 RESOLUTION - Amending Rule 2 of the Council Rules of Procedure
Relating to the Election of Council President and Vice President
RESOLUTION 2023-035 ADOPTED
APPROVED ON THE CONSENT CALENDAR
1.-BB. ID 23-247 BILL (For Introduction) Ordinance to prohibit the unlawful possession of
catalytic converters (Citywide)
BILL B-3 APPROVED, INTRODUCED AND LAID OVER
APPROVED ON THE CONSENT CALENDAR
1.-CC. ID 23-280 Actions pertaining to the summary vacation of access right restrictions on a
portion of the northwest corner of East Copper Avenue and North Maple
Avenue (Council District 6):
1. Adopt a finding of Categorical Exemption per Environmental
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Assessment Number PW12771 per staff determination, pursuant to
Section 15301, Class 1 (b, c) Existing Facilities of the California
Environmental Quality Act (CEQA) Guidelines
2. ***RESOLUTION - Ordering the summary vacation of access right
restrictions on a portion of the northwest corner of East Copper
Avenue and North Maple Avenue (Subject to Mayor’s Veto)
RESOLUTION 2023-036 ADOPTED
APPROVED ON THE CONSENT CALENDAR
CONTESTED CONSENT CALENDAR
1.-G. ID 23-111 Approve an award of $1,500,0000 in American Rescue Plan Act (ARPA)
funding to the Fresno Area Hispanic Foundation (FAHF) and authorize City
Manager or designee to negotiate and sign an agreement for services.
Councilmember Perea moved this item to the Contested Consent Calendar
to ensure the Tower District was included in the list of prioritized items.
Councilmember Perea motioned to approve the contract with an amendment
to add the Tower District and Airports District as listed portions of the City
within the census tracts and Opportunity Zones to be priorities.
APPROVED AS AMENDED
On motion of Vice President Perea, seconded by Councilmember
Arias, that the Action Item be ADOPTED AS AMENDED. The motion
carried by the following vote:
Aye: 7 - Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and
Bredefeld
1.-H. ID 23-241 Actions pertaining to the agreement with the Economic Development
Corporation serving Fresno County (EDC) to assist in implementing and
administering local economic development business attraction, expansion
and retention activities:
1. Affirm the City Manager's finding that EDC is uniquely qualified and
the sole source provider of these services; and
2. Approve a Consultant Services Agreement with the EDC for a
period of one (1) year in the amount of $150,000; and
3. Authorize the City Manager, or their designee, the authority to
execute the contract and grant up to two (2) optional one-year
extensions.
Councilmember Arias moved this item to the Contested Consent Calendar
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to amendment the scope of work.
Councilmember Arias motioned to approve the item with an amendment to
the scope of work to include facilitating and organizing site visits for the
design and development of the downtown high-speed rail station.
APPROVED AS AMENDED
On motion of Councilmember Arias, seconded by Councilmember
Chavez, that the above item be ADOPTED AS AMENDED. The motion
carried by the following vote:
Aye: 7 - Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and
Bredefeld
1.-I. ID 23-155 ***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)
Councilmember Perea moved this item to the Contested Consent Calendar
to discuss approving the item prior to the grant being award to avoid the
need for a Special Meeting.
Councilmember Perea motioned to approve the item with the following
addition to the resolution: the City shall accept the FY2021 SAFER grant in
the event the City is awarded the grant.
RESOLUTION 2023-026 ADOPTED AS AMENDED
On motion of Vice President Perea, seconded by Councilmember
Arias, that the above Resolution be ADOPTED AS AMENDED. The
motion carried by the following vote:
Aye: 7 - Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and
Bredefeld
1.-J. ID 23-224 Approve an increase to the Requirements Contract with American Guard to
provide Security Services at the Municipal Service Center, City Hall, and
various other city locations in the amount of $500,000 plus annual CPI
increases. The total revised contract shall not exceed $7,366,088.38 plus
annual CPI adjustments without Council approval. (Bid File 9494)
Councilmember Arias moved this item to the Contested Consent Calendar
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City Council Meeting Minutes - Final February 9, 2023
to see if this security agreement could be used to provide security services
to the Parkway homeless shelters and to determine the status of the search
for a different vendor to cover the Parkway homeless shelters.
Council discussion on this item included: vendors having the option to
utilize different contracted companies; the number of operating sites, and;
clear expectations and quality of services to shelters.
APPROVED
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, Perea, Karbassi, Arias, Chavez and
Bredefeld
1.-N. ID 23-91 Approve resolution establishing a Community Benefits Fund (CBF) and
expenditure plan to fund mitigation improvements required in the settlement
agreement with the South Fresno Community Alliance (SFCA) and
Leadership Counsel for Justice and Accountability (LCJA).
Councilmember Arias moved this item to the Contested Consent Calendar
to thank the Department of Planning and Development for all the hard work
by staff.
RESOLUTION 2023-027 ADOPTED
On motion of Councilmember Arias, seconded by Councilmember
Karbassi, that the above Action Item be ADOPTED. The motion carried
by the following vote:
Aye: 7 - Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and
Bredefeld
1.-U. ID 23-227
Approve the Third Amendment to the consultant services agreement with
Carollo Engineers, Inc., to extend the term of the contract from January 31,
2023, to December 31, 2023, for professional engineering services during
construction for the Fresno-Clovis Regional Wastewater Reclamation
Facility Waste Gas Flare Improvement Project (Council District 3)
Councilmember Arias moved this item to the Contested Consent Calendar
to determine if there were any delays in the mitigation.
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APPROVED
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, Perea, Karbassi, Arias, Chavez and
Bredefeld
2. SCHEDULED COUNCIL HEARINGS AND MATTERS
10:00 A.M.
ID 23-112 Appearance by Kevin Tolman to discuss introduction of business, number
of employees, and what the business does (District 4 Resident)
APPEARED
10:01 A.M.
ID 23-140 Appearance by Cody Laursen to discuss the introduction of a company that
operates an HP Jet Fusion 5200 industrial-grade printer between Fresno
and San Diego (District 4 Resident)
APPEARED
10:02 A.M.
ID 23-147 Appearance by Brian Calhoun to discuss status of traffic and pedestrian
safety improvements for W. Audubon Drive (District 2 Resident)
APPEARED
10:03 A.M.
ID 23-221 Appearance by Mary Padilla to discuss renewing morals and values
(District 2 Resident)
APPEARED
3. GENERAL ADMINISTRATION
3.-A. ID 23-243 WORKSHOP - Pavement Management Presentation
The above workshop was presented to Council by Assistant Director of
Public Works, Russell.
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City Council Meeting Minutes - Final February 9, 2023
Council discussion on this item included: the difference between cold and
hot patches; if Measure "C" changes had been factored into calculations for
street maintenance; residents paying for their maintenance fees and not the
general fund; maintaining the level of funding for neighborhood roads; gap
financing needed for the underpass off McKinely and Blackstone, and;
prioritizing existing neighborhoods over new interchanges.
PRESENTED
4. CITY COUNCIL
5. CLOSED SESSION
During open session, City Attorney Janz announced the items that would be
discussed in closed session.
Council withdrew from open session to hear closed session items at 1:45
P.M.
5.-A. ID 23-119
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Government Code Section 54956.9, subdivision (d)(1)
Case Name: Thomas Pedro Flores v. City of Fresno, et al. Fresno
Superior Court Case No. 19CECG00219
The above item was discussed in closed session. There were no open
session announcements regarding this item.
DISCUSSED
5.-B. ID 23-220
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Government Code Section 54956.9, subdivision (d)(1)
Case Name: La-Kebbia Wilson, et al. v. City of Fresno, et al.; Eastern
District Court Case No. 1:19-cv-01658
The above item was discussed in closed session. There were no open
session announcements regarding this item.
DISCUSSED
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5.-C. ID 23-168 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Government Code Section 54956.9, subdivision (d)(1) Terance Frazier, et
al. v. City of Fresno, et al.; United States District Court Case No.:
1:20-CV-01069
With minimal discussion in closed session, the above item the item was
tabled to February 23, 2023. There were no open session announcements
regarding this item.
TABLED
5.-D. ID 23-169 CONFERENCE WITH LEGAL COUNSEL- POTENTIAL EXPOSURE TO
LITIGATION: Government Code Section 54956.9(d)(2): Central Valley
NMTC Fund, LLC., v. City of Fresno
With minimal discussion in closed session, the above item the item was
tabled to February 23, 2023. There were no open session announcements
regarding this item.
TABLED
5.-E. ID 23-253 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)
The above item was discussed in closed session. There were no open
session announcements regarding this item.
DISCUSSED
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City Council Meeting Minutes - Final February 9, 2023
ADJOURNMENT
Adjourned from Closed Session at 3:20 P.M.
The above minutes were approved by unanimous vote of the City Council during the
February 23, 2023, regular meeting.
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Agenda
City of Fresno
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
Meeting Agenda - Final-revised
Thursday, February 9, 2023
9:00 AM
Regular Meeting
Council Chambers (In Person and/or Electronic)
City Council
President - Tyler Maxwell
Vice President - Annalisa Perea
Councilmembers:
Mike Karbassi, Miguel Angel Arias, Luis Chavez,
Garry Bredefeld, Nelson Esparza
City Manager - Georgeanne A. White
City Attorney - Andrew Janz
City Clerk - Todd Stermer, CMC
City Council Meeting Agenda - February 9, 2023
Final-revised
THE FRESNO CITY COUNCIL WELCOMES YOU TO CITY COUNCIL CHAMBERS,
LOCATED IN CITY HALL, 2ND FLOOR, 2600 FRESNO STREET, FRESNO,
CALIFORNIA 93721.
You can 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.
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 comment on agenda items and those
comments will become part of the official record. eComments will be available as
soon as the agenda is published and will close 24 hours prior to the start of the
meeting. 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: February 9, 2023, 9:00 AM Pacific Time (US and Canada)
Topic: February 9, 2023, Regular Meeting
a) Register in advance for this webinar:
https://zoom.us/webinar/register/WN_xNGLaWlaSSWniq6wVCY-Qw
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.
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
City of Fresno ***Subject to Mayoral Veto Page 2
City Council Meeting Agenda - February 9, 2023
Final-revised
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.
City of Fresno ***Subject to Mayoral Veto Page 3
City Council Meeting Agenda - February 9, 2023
Final-revised
9:00 A.M. ROLL CALL
Invocation by Dr. Sigrid Horton, Assistant Minister from Our Saviour’s Lutheran
Church
Pledge of Allegiance to the Flag
APPROVE AGENDA
CEREMONIAL PRESENTATIONS
ID 23-265 Proclamation for “Mid Valley - Recycler of The Year”
Sponsors: Vice President Perea
ID 23-151 Proclamation for “Heart Month”
Sponsors: Council President Maxwell
ID 23-158 Proclamation for “Teen Dating Violence Awareness Month.”
Sponsors: Council President Maxwell
ID 23-185 Proclamation for “African American History Month: Black
Resistance a Journey to Equality”
Sponsors: Councilmember Esparza
ID 23-160 Announcement of Winter Employee of the Quarter (EOQ)
Recipients
Sponsors: Office of the City Clerk
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 23-161 Approval of Minutes for January 19, 2023, Regular Meeting
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City Council Meeting Agenda - February 9, 2023
Final-revised
Sponsors: Office of the City Clerk
1.-B. ID 23-106 ***RESOLUTION - Adopting the 575th Amendment to the
Master Fee Schedule Resolution No. 80-420 to Add, Adjust,
Move, Revise or Delete Various Fees (Subject to Mayor’s
veto).
Sponsors: Budget and Management Studies Department
1.-C. ID 23-228 Approve the appointment of Isaiah Green (Resident of
District 4) to the Fresno Housing Authority for a term ending
April 30, 2026.
Sponsors: Office of Mayor & City Manager
1.-D. ID 23-250 Approve the Second Amendment to the Animal Control
Services Agreement between the City of Fresno and Fresno
Humane Animal Services to allow the City to advance a
second one-time payment of $300,000 for a total of
$600,000 for future reimbursements (cash account.)
Sponsors: Office of Mayor & City Manager
1.-E. ID 23-219 Approve a consultant services agreement with RS&H
California, Inc., to provide professional airport planning and
environmental consulting services to prepare and implement
an Air Traffic Control Tower Replacement Work Plan for
Fresno Yosemite International Airport in the amount of
$362,585 (Council District 4)
Sponsors: Airports Department
1.-F. ID 23-231 Approve a consultant services agreement with JSA
Inspections & Consulting in an amount not to exceed
$200,000, to provide professional inspection, testing, and
consultant services for potentially hazardous materials
(lead-based paint and asbestos containing materials) as well
as supervision of removal of hazardous materials for
demolitions of dangerous structures conducted by Code
Enforcement
Sponsors: City Attorney's Office
1.-G. ID 23-111 Approve an award of $1,500,0000 in American Rescue Plan
Act (ARPA) funding to the Fresno Area Hispanic Foundation
(FAHF) and authorize City Manager or designee to negotiate
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City Council Meeting Agenda - February 9, 2023
Final-revised
and sign an agreement for services.
Sponsors: Economic Development Department
1.-H. ID 23-241 Actions pertaining to the agreement with the Economic
Development Corporation serving Fresno County (EDC) to
assist in implementing and administering local economic
development business attraction, expansion and retention
activities:
1. Affirm the City Manager's finding that EDC is uniquely
qualified and the sole source provider of these services; and
2. Approve a Consultant Services Agreement with the EDC
for a period of one (1) year in the amount of $150,000; and
3. Authorize the City Manager, or their designee, the
authority to execute the contract and grant up to two (2)
optional one-year extensions.
Sponsors: Economic Development Department and Office of Mayor &
City Manager
1.-I. ID 23-155 ***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)
Sponsors: Fire Department
1.-J. ID 23-224 Approve an increase to the Requirements Contract with
American Guard to provide Security Services at the
Municipal Service Center, City Hall, and various other city
locations in the amount of $500,000 plus annual CPI
increases. The total revised contract shall not exceed
$7,366,088.38 plus annual CPI adjustments without Council
approval. (Bid File 9494)
Sponsors: General Services Department
1.-K. ID 23-49 Approve Consultant Services Agreement with Byrne
Software Technologies, Inc. (Byrne) in an amount not to
exceed $70,000 for Cannabis Module Implementation
Services.
Sponsors: Information Services Department
City of Fresno ***Subject to Mayoral Veto Page 6
City Council Meeting Agenda - February 9, 2023
Final-revised
1.-L. ID 23-50 Approve Project Change Request to the agreement with
Tyler Technologies for implementation and hosting of
Financials, Human Capital Management and Utility Billing
software. No additional funding is requested.
Sponsors: Information Services Department
1.-M. ID 23-226 Approve a cooperative purchase agreement with DLT
Solutions using a Maricopa County, AZ contract through
OMNIA Partners for support services for Oracle databases in
the amount of $368,176.56.
Sponsors: Information Services Department
1.-N. ID 23-91 Approve resolution establishing a Community Benefits Fund
(CBF) and expenditure plan to fund mitigation improvements
required in the settlement agreement with the South Fresno
Community Alliance (SFCA) and Leadership Counsel for
Justice and Accountability (LCJA).
Sponsors: Planning and Development Department
1.-O. ID 23-154 RESOLUTION - Approving the Final Map of Tract No. 5388,
and accepting dedicated public uses offered therein except
for dedications offered subject to City acceptance of
developer installed required improvements - located at the
intersection of North Salinas Avenue and West San Jose
Avenue (Council District 2)
Sponsors: Public Works Department
1.-P. ID 23-195 RESOLUTION - Of Intention to Annex Final Tract Map No.
6299 as Annexation No. 137 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, March 30, 2023 at 10:00 am
(southeast corner of East Belmont Avenue and North
Armstrong Avenue) (Council District 5)
Sponsors: Public Works Department
1.-Q. ID 23-196 RESOLUTION - Of Intention to Annex Final Tract Map No.
6299 as Annexation No. LS003 to the City of Fresno
Community Facilities District No. 17 and to Authorize the
Levy of Special Taxes; and setting the public hearing for
City of Fresno ***Subject to Mayoral Veto Page 7
City Council Meeting Agenda - February 9, 2023
Final-revised
Thursday, March 30, 2023 at 10:05 am (southeast corner of
East Belmont Avenue and North Armstrong Avenue)
(Council District 5)
Sponsors: Public Works Department
1.-R. ID 23-197 Approve the Second Amendment to the Consultant Services
Agreement with UltraSystems Environmental Inc., of Irvine,
California in the amount of $32,716, for a total increased
contract amount of $146,269, for professional environmental
services and preparation of technical memos for the
McKinley Avenue Widening Project between Marks Avenue
and Hughes Avenue (Council District 3)
Sponsors: Public Works Department
1.-S. ID 23-213 ***RESOLUTION - Authorizing submission of a 2022 Urban
Community Drought Relief Grant Program application to the
California Department of Water Resources for the Expanded
Lawn to Garden Water Conservation Rebate Program, and
authorizing the Director of Public Utilities or designee to
accept grant funds and execute all application and grant
agreement documents on behalf of the City of Fresno
(Citywide) (Subject to Mayor’s Veto)
Sponsors: Department of Public Utilities
1.-T. ID 23-215 Actions pertaining to the submission of grant applications for
the Environmental Protection Agency (EPA) Grant Program:
1. ***RESOLUTION - Authorizing the submission of a
Consumer Recycling Education and Outreach Grant
Program application to the EPA for the development and
execution of an education and outreach plan and authorizing
the Director of Public Utilities or designee to accept grant
funds and execute all application and grant agreement
documents on behalf of the City of Fresno (Citywide)
(Subject to Mayor’s Veto)
2. ***RESOLUTION - Authorizing the submission of a Solid
Waste Infrastructure for Recycling Grant Program
application to the EPA for the purpose of purchasing side
loader collection trucks and cameras, and authorizing the
Director of Public Utilities or designee to accept grant funds
and execute all application and grant agreement documents
on behalf of the City of Fresno (Citywide) (Subject to Mayor’s
City of Fresno ***Subject to Mayoral Veto Page 8
City Council Meeting Agenda - February 9, 2023
Final-revised
Veto)
Sponsors: Department of Public Utilities
1.-U. ID 23-227 Approve the Third Amendment to the consultant services
agreement with Carollo Engineers, Inc., to extend the term of
the contract from January 31, 2023, to December 31, 2023,
for professional engineering services during construction for
the Fresno-Clovis Regional Wastewater Reclamation Facility
Waste Gas Flare Improvement Project (Council District 3)
Sponsors: Department of Public Utilities
1.-V. ID 23-264 Approve the reappointment of Edward Saliba to the
Fresno-Madera Area Agency on Aging Board for a term
ending January 2, 2024.
Sponsors: Councilmember Karbassi
1.-W. ID 23-102 Approve the reappointment of Steven Bradley to the Bicycle
and Pedestrian Advisory Committee (BPAC) for a term
ending February 9, 2026
Sponsors: Councilmember Bredefeld
1.-X. ID 23-136 Approve the appointment of Vivian Del Toro to the Friends of
Fancher Creek Committee to a term which serves at the
pleasure of the Councilmember.
Sponsors: Councilmember Chavez
1.-Y. ID 23-242 Approve the appointment of Bryan Bird to the Bicycle and
Pedestrian Advisory Committee (BPAC) for a term ending
February 9, 2026.
Sponsors: Councilmember Esparza
1.-Z. ID 23-223 ***Resolution authorizing the dissolution of certain Council
created Committees (Subject to Mayor’s Veto)
Sponsors: Council President Maxwell
1. ID 23-157 RESOLUTION - Amending Rule 2 of the Council Rules of
-AA. Procedure Relating to the Election of Council President and
Vice President
Sponsors: Council President Maxwell
City of Fresno ***Subject to Mayoral Veto Page 9
City Council Meeting Agenda - February 9, 2023
Final-revised
1. ID 23-247 BILL (For Introduction) Ordinance to prohibit the unlawful
-BB. possession of catalytic converters (Citywide)
Sponsors: Council President Maxwell
1. ID 23-280 Actions pertaining to the summary vacation of access right
-CC. restrictions on a portion of the northwest corner of East
Copper Avenue and North Maple Avenue (Council District 6):
1. Adopt a finding of Categorical Exemption per
Environmental Assessment Number PW12771 per staff
determination, pursuant to Section 15301, Class 1 (b, c)
Existing Facilities of the California Environmental Quality Act
(CEQA) Guidelines
2. ***RESOLUTION - Ordering the summary vacation of
access right restrictions on a portion of the northwest corner
of East Copper Avenue and North Maple Avenue (Subject to
Mayor’s Veto)
Sponsors: Public Works Department
CONTESTED CONSENT CALENDAR
2. SCHEDULED COUNCIL HEARINGS AND MATTERS
10:00 A.M.
ID 23-112 Appearance by Kevin Tolman to discuss introduction of
business, number of employees, and what the business
does (District 4 Resident)
Sponsors: Office of the City Clerk
10:01 A.M.
ID 23-140 Appearance by Cody Laursen to discuss the introduction of a
company that operates an HP Jet Fusion 5200
industrial-grade printer between Fresno and San Diego
(District 4 Resident)
Sponsors: Office of the City Clerk
10:02 A.M.
ID 23-147 Appearance by Brian Calhoun to discuss status of traffic and
pedestrian safety improvements for W. Audubon Drive
City of Fresno ***Subject to Mayoral Veto Page 10
City Council Meeting Agenda - February 9, 2023
Final-revised
(District 2 Resident)
Sponsors: Office of the City Clerk
10:03 A.M.
ID 23-221 Appearance by Mary Padilla to discuss renewing morals and
values (District 2 Resident)
Sponsors: Office of the City Clerk
3. GENERAL ADMINISTRATION
3.-A. ID 23-243 WORKSHOP - Pavement Management Presentation
Sponsors: Public Works Department
4. CITY COUNCIL
5. CLOSED SESSION
5.-A. ID 23-119 CONFERENCE WITH LEGAL COUNSEL-EXISTING
LITIGATION
Government Code Section 54956.9, subdivision (d)(1)
Case Name: Thomas Pedro Flores v. City of Fresno, et al.
Fresno Superior Court Case No. 19CECG00219
Sponsors: City Attorney's Office
5.-B. ID 23-220 CONFERENCE WITH LEGAL COUNSEL-EXISTING
LITIGATION
Government Code Section 54956.9, subdivision (d)(1)
Case Name: La-Kebbia Wilson, et al. v. City of Fresno, et al.;
Eastern District Court Case No. 1:19-cv-01658
Sponsors: City Attorney's Office
City of Fresno ***Subject to Mayoral Veto Page 11
City Council Meeting Agenda - February 9, 2023
Final-revised
5.-C. ID 23-168 CONFERENCE WITH LEGAL COUNSEL-EXISTING
LITIGATION Government Code Section 54956.9, subdivision
(d)(1) Terance Frazier, et al. v. City of Fresno, et al.; United
States District Court Case No.: 1:20-CV-01069
Sponsors: City Attorney's Office
5.-D. ID 23-169 CONFERENCE WITH LEGAL COUNSEL- 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.-E. ID 23-253 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)
Sponsors: Office of Mayor & City Manager
ADJOURNMENT
UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS
FEBRUARY 23, 2023
10:00 A.M. - HEARING for City of Fresno Community Facilities District No. 11
(southwest corner of East Clinton Avenue and North Armstrong Avenue (District 7)
City of Fresno ***Subject to Mayoral Veto Page 12
City Council Meeting Agenda - February 9, 2023
Final-revised
MARCH 30, 2023
10:00 A.M. - HEARING to adopt resolutions and ordinance to annex territory and
levy a special tax regarding City of Fresno Community Facilities District No. 11,
Annexation No. 137 (Final Tract Map No. 6299) (located at the southeast corner of
East Belmont Avenue and North Armstrong Avenue) (Council District 5)
MARCH 30, 2023
10:05 A.M. - HEARING – To adopt Resolutions and Ordinance to annex territory
and levy a special tax regarding City of Fresno Community Facilities District No.
17, Annexation LS003 (Final Tract Map No. 6299) (located at southeast corner of
East Belmont Avenue and North Armstrong Avenue) (Council District 5)
MARCH 30, 2023
10:10 A.M. - HEARING – To adopt Resolutions and Ordinance to annex territory
and levy a special tax regarding City of Fresno Community Facilities District No.
11, Annexation No. 139 (Parc West) (located at northwest corner of West Ashlan
Avenue and North Grantland Avenue) (Council District 1)
MARCH 30, 2023
10:15 A.M. - Proposed vacation of a portion of a 16 foot-wide alley adjacent and
south of Lot 1 and a portion of Lot 2 of Waller Track.
UPCOMING EMPLOYEE CEREMONIES
April 19, 2023 (Wednesday) - Employee of the Spring Quarter
April 26, 2023 (Wednesday) - Employee Service Awards
July 19, 2023 (Wednesday) - Employee of the Summer Quarter
October 18, 2023 (Wednesday) - Employee of the Fall Quarter
November 15, 2023 (Wednesday) - Employee Service Awards
2023 CITY COUNCIL MEETING SCHEDULE
FEBRUARY 16, 2023 - NO MEETING
FEBRUARY 23, 2023 - 9:00 A.M.
MARCH 02, 2023 - NO MEETING
MARCH 09, 2023 - 9:00 A.M.
MARCH 16, 2023 - NO MEETING
MARCH 23, 2023 - NO MEETING
MARCH 30, 2023 - 9:00 A.M.
City of Fresno ***Subject to Mayoral Veto Page 13
City Council Meeting Agenda - February 9, 2023
Final-revised
APRIL 06, 2023 - NO MEETING
APRIL 13, 2023 - NO MEETING
APRIL 20, 2023 - 9:00 A.M.
APRIL 27, 2023 - 9:00 A.M.
City of Fresno ***Subject to Mayoral Veto Page 14
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