City Council

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, March 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. 9:09 A.M. ROLL CALL Present: 7 - Councilmember Nelson Esparza Council President Tyler Maxwell Vice President Annalisa Perea Councilmember Mike Karbassi Councilmember Miguel Angel Arias Councilmember Luis Chavez Councilmember Garry Bredefeld Invocation Pastor BT Lewis led the invocation. Pledge of Allegiance to the Flag Councilmember Bredefeld led the Pledge of Allegiance. APPROVE AGENDA Assistant City Clerk Parra announced the following changes to the agenda: Consent Calendar item 1-B (ID 23-394) regarding the 576th amendment to City of Fresno ***Subject to Mayoral Veto Page 1 City Council Meeting Minutes - Final March 9, 2023 the Master Fee Schedule - the following changes to the resolution, for the PARCS Department General Recreation Fees, were read into the record: the Regional Sports Complex User Fee Tournament Play will be revised to $700 dollars for 1-3 fields, $1,400 dollars for 4-6 fields, and $2,050 dollars for 7-9 fields. Councilmember Esparza recused himself from Consent Calendar item 1-H (ID 23-259) regarding Contract Change Order No. 1 for the Sewer Rehabilitation in the Area bound by Blackstone, Maroa, McKinley, and Clinton Avenue. Vice President Perea recused herself from Consent Calendar item 1-L (ID 23-347) regarding Final Map Tract No. 6310. Councilmember Bredefeld registered a “no” vote on Consent Calendar item 1-B (23-394) regarding the 576th amendment to the Master Fee Schedule. THE FOLLOWING CONSENT CALENDAR ITEMS WERE MOVED TO THE CONTESTED CONSENT CALENDAR FOR FURTHER DISCUSSION 1-R (ID 23-401) regarding assistance for Senior Affordable Housing - moved to Contested Consent by Councilmember Chavez and requested to be heard after closed session. 1-S (ID 23-403) regarding the process to change Kings Canyon/Venture Boulevard to "Cesar Chavez Blvd." - moved to Contested Consent by Councilmember Chavez. 1-I (ID 23-342) regarding final tract map No. 6338 – moved to Contested Consent by Councilmember Chavez. The agenda was initially approved as amended with Item 1-I (ID 23-342) removed from the agenda with no return date by Councilmember Chavez. The motion to approve the agenda as amended was made by Councilmember Arias. Vice President Perea seconded the Motion which PASSED 7-0. As item 1-I (ID 23-342) was time sensitive, Councilmember Chavez subsequently motioned to reconsider approval of the agenda in order to City of Fresno ***Subject to Mayoral Veto Page 2 City Council Meeting Minutes - Final March 9, 2023 hear item 1-I (ID 23-342) as part of the Contested Consent Calendar. Council President Maxwell seconded the motion to reconsider approval of the agenda which PASSED 5-0 with Councilmember Arias and Vice President Perea absent. Following the motion to reconsider, Councilmember Chavez motioned to place item 1-I (ID 23-342) on the Contested Consent Calendar for discussion and approve the agenda. Councilmember Karbassi seconded the motion which PASSED 5-0 with Councilmember Arias and Vice President Perea absent. On motion of Councilmember Chavez, seconded by Council President Maxwell, the agenda was APPROVED AS AMENDED. The motion carried by the following vote: Aye: 5 - Esparza, Maxwell, Karbassi, Chavez and Bredefeld Absent: 2 - Perea and Arias CEREMONIAL PRESENTATIONS ID 23-276 Proclamation for “Pinedale 100 Year Anniversary” PRESENTED ID 23-230 Proclamation for “Khetphet “KP” Phagnasay Day” PRESENTED COUNCILMEMBER REPORTS AND COMMENTS Councilmember Karbassi Reports and Comments. Discussed the recent shooting near Herndon and Ingram and recognized the Police Department for the professionalism demonstrated on scene. Recognized International Women's Day and the issues faced by the women and children of Iran. Spoke in support of the Mahsa Act. Councilmember Arias Reports and Comments. Acknowledged the need for volunteers to staff the warming centers and offered up his time. Discussed the impact of warming centers on the neighborhoods in which they operate. Announced a joint press conference with District 5 to showcase additional resources allocated for the safety of mobile food vendors. Discussed shelter and permanent housing projects in the Parkway area. Acknowledged the City of Fresno ***Subject to Mayoral Veto Page 3 City Council Meeting Minutes - Final March 9, 2023 administration for working with Council offices to keep park fees down for residents. Invited the public to attend the Chivas vs. America soccer match at Chuckchansi Park on March 22, 2023. Councilmember Chavez Reports and Comments. Acknowledged the administration for extending the operation of warming centers. Requested an update on how many individuals at warming centers have been contacted through homeless outreach efforts. Recognized the Poverllo Home for assisting at the community centers and for providing needed meals and supplies. Discussed the increase of individuals from surrounding areas utilizing the community centers and stressed the need to coordinate with the County of Fresno and surrounding jurisdictions. Urged the County of Fresno to issue citations or warnings instead of confiscating food products when dealing with food vendors. Councilmember Bredefeld Reports and Comments.Discussed a great turn out at a District 6 neighborhood meeting and recognized City staff for attending and responding to questions from the community. Announced a $17 pet adoption event at 5277 East Airways Blvd from March 17 to March 19, 2023, at the Fresno Animal Center. Councilmember Esparza Reports and Comments. Announced the postponement of the District 7 Playstreets event due to weather. Recognized PARCs staff for a successful community meeting at the Fresno Art Museum to discuss Proposition 68 grant awarded to Radio Park. Announced forthcoming schedules for spring and fall town hall meetings in District 7. Vice President Perea Reports and Comments. She wished everyone a Happy Women's History Month. Attended the ribbon cutting at Legacy Business Hub. Recognized staff for walking District 1 and handing out flyers regarding business grants. Knocked on doors West of the 99 to address concerns of the district. Acknowledged the administration for filling potholes, preparing for upcoming storms, and extending operation of the warming centers. Council President Maxwell Reports and Comments. Recognized Fresno State WET (Water Energy Technology) Institute for helping water and City of Fresno ***Subject to Mayoral Veto Page 4 City Council Meeting Minutes - Final March 9, 2023 energy entrepreneurs and for allowing him to tour the new state of the art facility. Addressed Fresno State Professor Jim Boren's Journalism Class and discussed how to engage local government. Discussed the importance of reading and his participation in Read Across America with Ms. Tatum's first grade class at Thomas Elementary School. MAYOR/MANAGER REPORTS AND COMMENTS City Manager White Reports and Comments. Discussed the challenges of operating warming centers on a continual basis and the need for volunteers to assist overtaxed staff. Announced the administration was looking to address the warming center impacts on neighborhoods and increase the capacity of the centers. Discussed outreach and training for mobile food vendors. Acknowledged the request of Councilmember Chavez for homeless outreach figures at warming centers. Reported on memos distributed to Council regarding the following topics: the draft cultural arts plan, West Area Specific Plan updates, City Fleet Fuel Price Trends, and new timelines for people with preliminary cannabis approvals. Announced the City was preparing for the upcoming storm and thanked the staff for addressing potholes, trees, and street issues. UNSCHEDULED COMMUNICATION Upon call, the following members of the public addressed Council: Valerie Davis (1-S), Debbie Darden (1-S), B.T. Lewis (1-S), Sue Williams (1-S), Karen Mussow (1-S), Keshia Thomas (1-S), Peggy Lee (1-S), Hester Hensley (1-S), Dr. David Marshall (1-S), Fernando Elizando, Jennifer Leordeo, Fernando Elizando, Jr., Barbara Horn, Steve Diddy, Aletha Lang (1-S), Gloria Hernandez (1-S), Venancio Goano (1-S), Jackie Grazier (1-S), Patience Milrod (1-S), Venise Curry (1-S), Eric Gray, Lisa Flores (1-S), Brandi Nuse-Villegas (3-A), Wendy Smith (1-S), Nia Hodge (1-S), Dez Martinez, Avis Braggs (1-S), Robert Mitchell (1-S), Shannon Thom, Deanna, Johnny Hernandez (1-S), Kimberly McCoy (1-S), D'Aungillique Jackson (1-S), June Stanfield (1-S), and Haley White (1-S). 1. CONSENT CALENDAR APPROVAL OF THE CONSENT CALENDAR On motion of Vice President Perea, seconded by Councilmember Bredefeld, the CONSENT CALENDAR was hereby adopted by the City of Fresno ***Subject to Mayoral Veto Page 5 City Council Meeting Minutes - Final March 9, 2023 following vote: Aye: 5 - Esparza, Maxwell, Perea, Karbassi and Bredefeld Absent: 2 - Arias and Chavez 1.-A. ID 23-383 Approval of Minutes for February 23, 2023, Regular Meeting APPROVED ON CONSENT CALENDAR 1.-B. ID 23-394 ***RESOLUTION - Adopting the 576th Amendment to the Master Fee Schedule Resolution No. 80-420 to Add, Adjust, Move, Revise or Delete Various Fees in the Airports, General Government, and Parks, After School, Recreation, and Community Services (PARCS) Sections (Subject to Mayor’s veto). The following changes were read into the record, "The Regional Sports Complex User Fee Tournament Play will be revised to: $700 dollars for 1-3 fields, $1,400 dollars for 4-6 fields, and $2,050 dollars for 7-9 fields.” Councilmember Bredefeld registered a no vote on the above item. As such, the item was APPROVED- 4-1 by the following vote: Aye: 4 - Perea, Karbassi, Maxwell, Esparza No: 1 - Bredefeld Absent: 2 - Arias, Chavez RESOLUTION 2023-048 ADOPTED APPROVED ON CONSENT CALENDAR 1.-C. ID 23-368 ***RESOLUTION - Adopting the 29th amendment to the Annual Appropriations Resolution (AAR) No. 2022-154 appropriating $2,032,000 for ERAP (Requires 5 Affirmative votes) (Subject to Mayor’s veto) RESOLUTION 2023-049 ADOPTED APPROVED ON CONSENT CALENDAR 1.-D. ID 23-307 Approve the award of a purchase contract to Pape Kenworth of Fresno, California, for the purchase of two Kenworth T880 trucks in the amount of $572,026 for the Department of Public Utilities and Department of Public Works City of Fresno ***Subject to Mayoral Veto Page 6 City Council Meeting Minutes - Final March 9, 2023 APPROVED ON CONSENT CALENDAR 1.-E. ID 23-370 Approve the award of a purchase contract to PB Loader of Fresno, California, for the purchase of five concrete finisher trucks in the amount of $793,412 for the Department of Public Works, Street Maintenance Division APPROVED ON CONSENT CALENDAR 1.-F. ID 23-371 Award a requirements contract for retreading of commercial truck tires to The Goodyear Tire & Rubber Co. of Fresno, California, for two years with three one-year options, in the annual amount of $335,099.19, plus annual CPI adjustments (Bid File 9659) APPROVED ON CONSENT CALENDAR 1.-G. ID 23-372 ***RESOLUTION - Authorizing and directing submission of an application for and acceptance of State of California Prohousing Incentive Pilot Program funds (Subject to Mayor’s veto) RESOLUTION 2023-050 ADOPTED APPROVED ON CONSENT CALENDAR 1.-H. ID 23-259 Approve Contract Change Order No. 1 in the amount of $252,544.50 and extend the date of completion to April 11, 2023 for the Sewer Rehabilitation in the Area Bound by Blackstone, Maroa, McKinley, and Clinton Avenues Project ID RC00177 (Bid File 3836) (Council Districts 1 and 7). Councilmember Esparza recused himself on the above item. As such, the item was APPROVED- 4-1 by the following vote: Aye: 4 - Perea, Karbassi, Maxwell, Bredefeld No: 0 - Recused: 1 - Esparza Absent: 2 - Arias, Chavez APPROVED ON CONSENT CALENDAR 1.-J. ID 23-344 RESOLUTION - Of Intention to Annex Final Tract Map No. 6212 and Parc West Drive as Annexation No. 141 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, April 20, 2023, at 10:05 am (Southwest corner of North Parc West Drive and North Grantland Avenue) (Council District 1) City of Fresno ***Subject to Mayoral Veto Page 7 City Council Meeting Minutes - Final March 9, 2023 RESOLUTION 2023-052 ADOPTED APPROVED ON CONSENT CALENDAR 1.-K. ID 23-345 Actions pertaining to Resolution of Intention Number 1151-D to vacate a portion of a 16 foot-wide alley adjacent and south of Lot 1 and a portion of Lot 2 of Walling Tract Map (Council District 3): 1. Adopt a finding of Categorical Exemption per Environmental Assessment Number P22-02292 per staff determination, pursuant to Sections 15304/Class 4 of the California Environmental Quality Act (CEQA) Guidelines 2. Adopt the attached Resolution of Intention Number 1151-D to vacate a portion of a 16 foot-wide alley adjacent and south of Lot 1 and a portion of Lot 2 of Walling Tract Map APPROVED ON CONSENT CALENDAR 1.-L. ID 23-347 Actions pertaining to Final Map of Tract No. 6310 RESOLUTION - Approving the Final Map of Tract No. 6310, and accepting dedicated public uses offered therein except for dedications offered subject to City acceptance of developer installed required improvements - located near the northwest corner of West Dakota Avenue and North Polk Avenue (Council District 1) Vice President Perea recused herself on the above item. As such, the item was APPROVED- 4-1 by the following vote: Aye: 4 - Karbassi, Maxwell, Bredefeld, Esparza No: 0 - Recused: 1 - Perea Absent: 2 - Arias, Chavez RESOLUTION 2023-053 ADOPTED APPROVED ON CONSENT CALENDAR 1.-M. ID 23-348 Actions pertaining to the summary vacation of access right restrictions on a portion of the East Belmont Avenue, west of North Fowler Avenue (Council District 5): 1. Adopt a finding of Categorical Exemption per Environmental Assessment Number PW13226 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 East Belmont Avenue, west of North City of Fresno ***Subject to Mayoral Veto Page 8 City Council Meeting Minutes - Final March 9, 2023 Fowler Avenue (Subject to Mayor’s Veto) RESOLUTION 2023-054 ADOPTED APPROVED ON CONSENT CALENDAR 1.-N. ID 23-360 Actions pertaining to the Barstow Avenue Class IV Bikeway Project - Bid File 12300267 (Council District 4) 1. Adopt a finding of Categorical Exemption per staff determination pursuant to Section 15301/Class 1 of the California Environmental Quality Act (CEQA) Guidelines 2. Award a construction contract in the amount of $2,234,648 to American Paving Co., of Fresno, California APPROVED ON CONSENT CALENDAR 1.-O. ID 23-363 Approve the First Amendment to the Consultant Services Agreement with O’Dell Engineering in the amount of $219,300, for a total increased contract amount of $468,700, with a $15,000 contingency amount, for design services and preparation of construction documents for the South Tower Park, San Pablo Park and the Ted C. Wills Community Center Projects (Council District 3) APPROVED ON CONSENT CALENDAR 1.-P. ID 23-364 RESOLUTION - Of Intention to Annex Final Tract Map No. 6371 as Annexation No. 138 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, April 20, 2023, at 10:15 am (located north of East Floradora Avenue and east of North Armstrong Avenue) (Council District 7) RESOLUTION 2023-055 ADOPTED APPROVED ON CONSENT CALENDAR 1.-Q. ID 23-358 Actions pertaining to the Rebid of Requirements Contract to Furnish and Install Polyethylene Water Service Replacements (Bid File 12300617) (Citywide and County): 1. Adopt a finding of Categorical Exemption, pursuant to Section 15301(b)/Class 1, and Section 15302(c)/Class 2 of the California Environmental Quality Act Guidelines 2. Award a one-year Requirements Contract, inclusive of the City’s adopted project labor agreement requirements, to West Valley Construction Company, Inc., of Fresno, California, in the amount of $1,529,500, with provisions for two one-year extensions APPROVED ON CONSENT CALENDAR City of Fresno ***Subject to Mayoral Veto Page 9 City Council Meeting Minutes - Final March 9, 2023 CONTESTED CONSENT CALENDAR 1.-I. ID 23-342 RESOLUTION - Of Intention to Annex Final Tract Map No. 6338 as Annexation No. 140 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, April 20, 2023, at 10:00 am (Northeast corner of East Church Avenue and South Sunnyside Avenue) (Council District 5) Councilmember Chavez moved this item to the Contested Consent Calendar. There was no Council discussion and no staff presentation on the above item. Upon call, the following member of the public addressed Council: Lisa Flores. RESOLUTION 2023-051 ADOPTED On motion of Councilmember Chavez, seconded by Council President Maxwell, that the above Action Item be ADOPTED. The motion carried by the following vote: Aye: 5 - Esparza, Maxwell, Karbassi, Chavez and Bredefeld Absent: 2 - Perea and Arias 1.-R. ID 23-401 Assistance for Senior Affordable Housing project by utilizing future revenue streams to provide potable drinking water and sustainable Fire protection for the public benefit to Senior Citizens in the Fancher Creek completed neighborhood. The above item was tabled with no return date. On motion of Councilmember Chavez, seconded by Councilmember Karbassi, that the above Action Item be TABLED with no return date. The motion carried by the following vote: Aye: 5 - Esparza, Perea, Karbassi, Chavez and Bredefeld Absent: 2 - Maxwell and Arias 1.-S. ID 23-403 ***RESOLUTION - To Begin the Process to Change Kings Canyon/Ventura Boulevard to “Cesar Chavez Boulevard” (Subject to Mayor’s veto) Councilmember Chavez moved the item to Contested Consent to introduce the item to the Council and explain the process of naming a street for the City of Fresno ***Subject to Mayoral Veto Page 10 City Council Meeting Minutes - Final March 9, 2023 public's benefit. Council discussion on this item included: the phases of the renaming project; whether the California segment was a part of the original proposal or a new segment; public outreach; clarification on recent email communications to the Council; additional investments and renaming in west Fresno; the impacts to the community, and; utilizing a committee to obtain stakeholder input. Councilmember Bredefeld opposed the above item and supported the community's opposition. RESOLUTION 2023-056 ADOPTED On motion of Councilmember Chavez, seconded by Councilmember Arias, that the above Action Item be ADOPTED. The motion carried by the following vote: Aye: 6 - Esparza, Maxwell, Perea, Karbassi, Arias and Chavez No: 1 - Bredefeld 2. SCHEDULED COUNCIL HEARINGS AND MATTERS 10:00 A.M. ID 23-359 Actions pertaining to the acquisition of easements and right of way for the MLK Center Active Transportation Project (Council District 3) 1) HEARING to consider a resolution of public use and necessity for acquisition of easements and rights of way for public street purposes over, under, through and across portions of APN 479-050- 04, owned by Ruth McDonald and Florine Parish, for the construction of a concrete public sidewalk, concrete curb ramp and installation of public utilities along a portion of South Walnut Avenue and East Grove Avenue 2) Adopt a finding of Categorial Exemption pursuant to California Environmental Quality Act (CEQA) Guidelines Sections 15301/Class 1, 15303/Class 3, and 15304/Class 4 for the MLK Center Active Transportation Project 3) ***RESOLUTION - Determining that public interest and necessity require acquisition of easements and rights of way for public street purposes over, under, through and across portions of APN 479-050- 04, owned by Ruth McDonald and Florine Parish, for the construction of a public sidewalk, concrete curb ramp and City of Fresno ***Subject to Mayoral Veto Page 11 City Council Meeting Minutes - Final March 9, 2023 installation of public utilities along a portion of South Walnut Avenue and East Grove Avenue and authorizing eminent domain proceedings for public use and purpose (Requires 5 affirmative votes) (Subject to Mayor’s Veto) The above hearing was called to order at 10:00 a.m. Upon call, there was no public comment for this item. The public comment period was closed at 10:00 a.m. Supervising Real Estate Agent Bruno and Councilmember Arias introduced the above item to council. RESOLUTION 2023-057 ADOPTED On motion of Councilmember Arias, seconded by Councilmember Bredefeld, that the above Action Item be ADOPTED. The motion carried by the following vote: Aye: 7 - Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld 2:30 P.M. ID 23-387 WORKSHOP - Presentation by Fresno City Employees Health & Welfare Trust The above workshop was presented to Council by Chairperson Shane Archer, Legal Counsel Michael Moss, Consultant Andrew Desa, and Human Resources Manager Carbajal. Council discussion on this item included: the member contribution plan; piggybacking with other agencies; the process to negotiate rates and plans; the cost of mental health services; surveying employees for feedback on services and adequate providers; a future online employee complaint form; the current co pay amount; Kaiser HMO as a health care option for employees; the last time the Health and Welfare body went out for a bid for management services and other health care options; finding ways to maintain staff and compete with other municipalities; transparency issues; if the 404 contributions have gone up; looking into additional PPO options, and; direction to find a solution that provides more than one option for current and future employees. City of Fresno ***Subject to Mayoral Veto Page 12 City Council Meeting Minutes - Final March 9, 2023 PRESENTED 2:35 P.M. ID 23-248 WORKSHOP from the Fresno Housing Authority. The above workshop was presented by Chief Executive Officer Tyrone Williams. Council discussion on this item included: the upcoming development agreement between the Housing Authority and the administration; support of the Council: implementation plan developments; and; affordable housing in the City of Fresno PRESENTED 3. GENERAL ADMINISTRATION 3.-A. ID 23-388 WORKSHOP - Status update on Police Reform Commission Recommendations The above workshop was presented to Council by Chief Balderrama. Council discussion on this item included: the membership of the Police Report Implementation Team; breakdowns of liability by division and unit within the Police Department over the previous ten years; self insurance retention and the reasons for changes in the amount over the years; the General Fund cover the cost of settlements; the number of officers on the payroll but not serving regular duty; discipline and terminations to set new expectations of the standards for the Fresno Police Department; , hiring qualified and diverse candidates; bike units in Tower District, units stationed at warming centers, the progress on dispatchers and average wait time, the establishment of the oversight board and suggested members of the committee have more experience in the filed, School Resource Officers in middle schools, competitive salary range and equipment for dispatchers, open line of communications between Police Officers and Chief to make budget recommendations for the department, holding people Police Officers accountable, limiting the influence of Fresno Police Officer Association in the upcoming Police Department budget, the request for funds for an City of Fresno ***Subject to Mayoral Veto Page 13 City Council Meeting Minutes - Final March 9, 2023 instrument panel on a helicopter, and the qualifications of members on the Police Reform Implementation Team committee. PRESENTED 3.-B. ID 23-369 WORKSHOP - Airport Parking Garage Art Installation - Artist and Concept Unveiling (Council District 4) The above workshop was presented to Council by Director Thompson, Airports Marketing Coordinator Arguelles-Miller, and Executive Director Chavez. Council discussion on this item included: new terminal expansion and the process for additional murals. 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 5:05 p.m. The meeting resumed in open session at 5:58 p.m. 5.-A. ID 23-380 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 was tabled to March 30, 2023. There were no open session announcements regarding this item. TABLED 5.-B. ID 23-393 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 was tabled to City of Fresno ***Subject to Mayoral Veto Page 14 City Council Meeting Minutes - Final March 9, 2023 March 20, 2023. There were no open session announcements regarding this item. TABLED 5.-C. ID 23-392 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Marlene Riofrio v. City of Fresno Fresno Superior Court Case No. 21CECG00254 The above item was discussed in closed session. There were no open session announcements regarding this item. DISCUSSED 5.-D. ID 23-406 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 5.-E. ID 23-399 CONFERENCE WITH LEGAL COUNCIL - POTENTIAL EXPOSURE TO LITIGATION: Government Code Section 54956.9(d)(2): Bakman Water Company v. City of Fresno The above item was discussed in closed session. There were no open City of Fresno ***Subject to Mayoral Veto Page 15 City Council Meeting Minutes - Final March 9, 2023 session announcements regarding this item. DISCUSSED 5.-F. ID 23-405 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Laborers International Union of North America, Local Union 294 v. City of Fresno; Fresno Superior Court Case No. 22CECG03719 The above item was discussed in closed session. Following closed session, City Attorney Janz reported the following in open session: With a 5-0 vote, Council approved a settlement on this matter. The settlement involves the developer paying all legal fees incurred by the Petitioner which are $40,000. The settlement is contingent on the trail court approving the terms of the settlement which includes any future development project on the subject property be CEQA compliant. DISCUSSED ADJOURNMENT Adjourned from open session at 6:00 p.m. The above minutes were approved by unanimous vote of the City Council during the March 30, 2023, regular meeting. City of Fresno ***Subject to Mayoral Veto Page 16