Thursday, March 10, 2022
9:00 AM
City of Fresno
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
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
City Attorney - Douglas T. Sloan
City Clerk - Todd Stermer, CMC
Meeting Minutes - Final
Regular Meeting
March 10, 2022City Council Meeting Minutes - Final
The City Council for the City of Fresno convened in regular session on March 10, 2022 at 9:00 A.M.
9:03 A.M. ROLL CALL
Councilmember Karbassi was absent during roll call and joined the meeting at 10:38 A.M.
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
Present: 7 -
Invocation by The Very Reverend Samuel Colley-Toothaker from St. James Episcopal Cathedral
Pledge of Allegiance to the Flag
APPROVE AGENDA
City Clerk Stermer announced the following changes to the agenda:
The invocation was provided by The Reverend Deacon Nancy Key from St.
James Episcopal Cathedral; the resolution on Consent Calendar item 1-BB (22-423) regarding an agreement with the San Joaquin Air Pollution Control District was subject to Mayor's veto; and Delfino Neira was removed from consideration for Consent Calendar item 1-Y (ID 22-421) regarding appointments to the Fresno Regional Workforce Development Board.
The City Clerk also announced Special Closed Session item ID 22-455 regarding Existing Litigation for Dennis Cooper vs. Nathan Hannah and City of Fresno had been separately noticed and would be heard by the City Council.
The following was read into the record by City Clerk Stermer regarding Consent Calendar item 1-C (ID 22-415) regarding contracts for demolition of dangerous structures:
"For the JSA Agreement add: 'the effective date of the agreement shall be City of Fresno ***Subject to Mayoral Veto Page 2
March 10, 2022City Council Meeting Minutes - Final
January 1, 2022," and Section 3 shall be amended to say 'shall continue in full force and effect through a period of up to six months from March 10, 2022, and may be terminated by either party upon 30 days written notice, subject to any earlier termination in accordance with this Agreement.' Also, for the DKI and Centec Agreements, Section 5 is modified to state '[t]he term of this Contract shall be effective January 1, 2022, and shall continue in full force and effect through period of up to six months from March 10, 2022.
The Contract may be terminated by either party upon 30 days written notice.'"
The following Consent Calendar item was removed from the agenda with no return date:
1-AA (ID 22-420) pertaining to nondisclosure agreements - removed from the agenda by Councilmember Arias.
The following items were moved from the Consent Calendar to the Contested Consent Calendar for further discussion:
1-Q (ID 22-386) regarding the 2021 Off-Highway Vehicle (OHV) Grant Program - moved to Contested Consent by Vice President Maxwell. 1-BB (ID 22-423) regarding San Joaquin Air Pollution Control District notification and processing procedures for applications with the South Central Fresno Community.
1-CC (ID 22-416) regarding prioritizing certain infrastructure General Fund and ARPA Funded Projects - moved to Contested Consent by Council President Esparza.
Councilmember Chavez requested the meeting be adjourned in the memory of Major Nhia Long Vang.
Councilmember Soria requested the meeting also be adjourned in memory of prominent LGBT activist, Jeffery Robinson.
Lastly, Councilmember Bredefeld registered a "no" vote on Consent City of Fresno ***Subject to Mayoral Veto Page 3
March 10, 2022City Council Meeting Minutes - Final
Calendar item 1-DD (ID 22-389) pertaining to emergency conditions impacting the ability of legislative bodies to meet safely in person.
AGENDA APPROVED AS AMENDED
On motion of Councilmember Soria, seconded by Vice President Maxwell,the above Action was APPROVED AS AMENDED. The motion carried by the following vote:
Aye: Esparza, Maxwell, Soria, Arias, Chavez and Bredefeld6 -
Absent: Karbassi1 -
CEREMONIAL PRESENTATIONS
ID 22-241 Proclamation for “International Sikh Women’s Day (March 7)”
PRESENTED
ID 22-242 Proclamation Honoring Justin Garza Traditional Competition Cheer Team “Universal Cheerleaders Association National High School Cheerleading Championship”
PRESENTED
COUNCILMEMBER REPORTS AND COMMENTS
The Councilmembers wished City Manager White a happy birthday.
Councilmember Soria discussed tree trimming and a Beautify Fresno event at Shields and Weber.
Councilmember Chavez discussed the following: a new Ad Hoc Committee concerning homeless programs with members to include Councilmember Chavez, Council President Esparza, and Councilmember Arias; housing the homeless at Fancher Creek; the 60th anniverary of the FAX Department; and the promotion of Ryan Westenberg to Senior Administrative Clerk.
Councilmember Bredefeld addressed the lifting of Covid-19 restrictions.
Vice President Maxwell discussed tree trimming, road paving and the Neighborhood Watch meeting at the Northeast Police Station.
City of Fresno ***Subject to Mayoral Veto Page 4
March 10, 2022City Council Meeting Minutes - Final
Council President Esparza commented on: the cleaning crew pilot program in District 7; the $5 million "Clean California" grant; the Ukrainian flag raising event at Eaton Plaza; the March 16, 2022 community meeting at Manchester Park; town hall meetings planned for the spring; and the lifting of Covid-19 restrictions.
Councilmember Arias discussed the following: housing the homeless in downtown; Chief of Staff Barajas' move to the Governor’s office and Gabriela Olea's move to Interim Chief of Staff; and he addressed comments made by District Attorney Smittcamp regarding the investigation involving Councilmembers.
MAYOR/MANAGER REPORTS AND COMMENTS
Mayor Dyer discussed the following: the American Rescue Funds and ARPA; speaking in opposition of PG&E increases; tree trimming and planting in the City of Fresno; and attending "first pitch" events for little league baseball.
City Manager White discussed: Ryan Westenberg's promotion in the Personnel Department; the 60th anniversary of the FAX Department; the upcoming 60th anniversary for Airports; and the District 3 Chief of Staff move to the Governor's Office. City Manager White also reported the Councilmembers had been provided with: a memo regarding Covid-19 funding for the Airports and FAX Departments; a memo regarding the March schedule for Operation Cleanup; and a memo regarding the China Town PBID Feasibility study and Transform Fresno.
UNSCHEDULED COMMUNICATION
Upon call, the following members of the public addressed Council:
Fernando Elizondo, Lourin Hubbard, Shian, Guadalupe Ramirez, Leonard True, Dez Martinez, Grecia Elenes (Opposed 1-BB & 1-CC), Jessica Ramirez, and Gabriella Juarez. The following members of the public spoke in support of item 1-O: Karla Martinez, Cindy Vargas, Antonia Flores, Maria Gasca, Ilola Villa, Lilia Becerril, Isabel Vargas, Martina Leon, Alexandra Awarado, Kimberly McCoy, Ruben Espinoza, Galvia Juarez, Yonas Paulos, Christopher Washington, Amber Crowell, Brandi Nuse-Villegas, Jaine Nkoski, Robert McCloskey, Martha D., and Jalen Swank.
City of Fresno ***Subject to Mayoral Veto Page 5
March 10, 2022City Council Meeting Minutes - Final
Councilmembers and City Manager White responded briefly to public comment concerns regarding services and housing for the homeless.
ID 22-471 The attached public comments were submitted for the March 10, 2022 Regular City Council meeting and were not directly related to any specific item(s) on the published agenda.
1. CONSENT CALENDAR
APPROVAL OF THE CONSENT CALENDAR
On motion of Vice President Maxwell, seconded by Councilmember Chavez, the CONSENT CALENDAR was hereby adopted by the
following vote:
Aye: Esparza, Maxwell, Arias, Chavez and Bredefeld5 -
Absent: Soria and Karbassi2 -
1.-A. ID 22-306 Approval of the Minutes of the February 10, 2022 Regular City Council Meeting, the two February 16, 2022 Special City Council Meetings, the February 17, 2022 Special City Council Meeting, and the February 17, 2022 Regular City Council Meeting.
APPROVED ON CONSENT CALENDAR
1.-B. ID 22-63
Actions related to Amendment No. 14 to the Engineering and Related Environmental Support Services Agreement with ERM-West, Inc.:
1. Affirm the City Manager’s determination that ERM-West, Inc., is uniquely qualified to perform environmental and remedial services at Fresno Yosemite International Airport
2. Approve Amendment No. 14 to the Agreement between City of Fresno and ERM-West, Inc., to provide ongoing engineering, environmental and remedial actions concerning groundwater contamination at Fresno Yosemite International Airport for an amount not to exceed $361,014, for a total contract amount of $4,674,925 (Council District 4)
APPROVED ON CONSENT CALENDAR
1.-C. ID 22-415 Actions pertaining to entering into contracts for the demolition of dangerous structures:
City of Fresno ***Subject to Mayoral Veto Page 6
March 10, 2022City Council Meeting Minutes - Final
1. ***RESOLUTION - Declaring an urgent necessity for the preservation of life, health, and property and authorizing the Purchasing Manager of the Finance Department or designee to enter into and administer contracts for the demolition of dangerous structures, and the removal of hazardous materials (Subject to Mayor’s Veto).
2. Approve a requirements contract with Dave Knott Incorporated (DKI) for demolition services for a term of up to six months, with an amount not to exceed $300,000.
3. Approve a requirements contract with JSA Inspections for consultant and testing services for hazardous materials (i.e., lead and asbestos) for a term of up to six months, with an amount not to exceed $100,000, and uphold the City Manager’s determination that exigent circumstances exist to award without a RFP/RFQ process.
4. Approve a requirements contract with Centec Construction for the removal of hazardous materials from the demolition site, for a term of up to six months, with an amount not to exceed $250,000.
5. Approve authority for the City Attorney to sign the contracts RESOLUTION 2022-060 ADOPTED
APPROVED ON CONSENT CALENDAR
1.-D. ID 22-340 Actions pertaining to a FY 2019 five-year Requirements Contract awarded to Vincent Communications, of Fresno, for the purchase of radio equipment for Police Department vehicles:
1. Approve a one -time increase of $170,346 to the
Requirements Contract with Vincent Communications, Inc ., of Fresno California, for a one -year total amount of $347,403. This one -time increase is required due to the additional police vehicles approved for purchase utilizing American Rescue Plan Act funds. The FY 2019 contract authorizes the purchase of a maximum of 70 units annually, whereas 121 units are needed in FY2022.
2. Approve the purchase of 121 Kenwood radio sets for Police Department vehicles in the amount of $347,403 (Bid File 9477).
APPROVED ON CONSENT CALENDAR
1.-E. ID 22-365
***BILL No. 3 (Intro. 2/17/2022) (For Adoption) - Amending Chapter 6, Article 2 of the Fresno Municipal Code, relating to waste collection and disposal (Subject to Mayor’s Veto).
ORDINANCE 2022-003 ADOPTED
APPROVED ON CONSENT CALENDAR
City of Fresno ***Subject to Mayoral Veto Page 7
March 10, 2022City Council Meeting Minutes - Final
1.-F. ID 22-360 Approve the Requirements Contract with Core & Main LP to supply tapping sleeves and tapping gate valves for an annual amount of $ 204,378.83 for one year, with the option of two one -year extensions (Bid File 9634) (Citywide).
APPROVED ON CONSENT CALENDAR
1.-G. ID 22-361 Award a consultant services agreement to SEAM Group, LLC in the amount not to exceed $ 237,200, inclusive of a $ 20,000 contingency, for providing an Occupational Safety and Health Administration compliant lockout-tagout program for equipment at the Fresno -Clovis Regional Wastewater Reclamation Facility (Council District 3).
APPROVED ON CONSENT CALENDAR
1.-H. ID 22-363 Reject the sole bid received for sewer main Access Structure Rehabilitation in Jensen Avenue from Fruit Avenue to Cherry Avenue (Bid File 3804) (Council District 3).
APPROVED ON CONSENT CALENDAR
1.-I. ID 22-385 Actions pertaining to the replacement of pump and motor controllers in the Dewatering and Headworks Buildings at the Fresno -Clovis Regional Wastewater Reclamation Facility (Bid File 9602) (District 3):
1. Adopt a finding of Categorical Exemption pursuant to Section15301/Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines.
2. Award a construction contract to Telstar Instruments, in the amount of $579,142.00.
APPROVED ON CONSENT CALENDAR
1.-J. ID 22-362 ***RESOLUTION - Authorizing the Department of Public Utilities to apply for and participate in the California Water and Wastewater Arrearage Payment Program for wastewater arrearages funding (Subject to Mayor ’s Veto).
RESOLUTION 2022-061 ADOPTED
APPROVED ON CONSENT CALENDAR
1.-K. ID 22-374 ***RESOLUTION: Adopt the 50th amendment to the Annual Appropriation Resolution (AAR) No. 2021-178 to appropriate $ 500,000 for the new established Computer Replacement Fund in the Information Services Department. ( Citywide) (Requires 5 Affirmative Votes) (Subject to Mayor ’s Veto).
RESOLUTION 2022-062 ADOPTED
City of Fresno ***Subject to Mayoral Veto Page 8
March 10, 2022City Council Meeting Minutes - Final
APPROVED ON CONSENT CALENDAR
1.-L. ID 22-403 Approve the appointment of Jerry Zuniga to the Mobile Home Rent Review Stabilization Commission. Approve the appointment of Terry Metters and reappointments of Scott Miller and Edgar Blunt to the Fresno Regional Workforce Development Board. Approve the reappointment of Peggy Brisendine to the Consolidated Mosquito Abatement District.
APPROVED ON CONSENT CALENDAR
1.-M. ID 22-413 Approve a First Amendment to the Disposition and Development Agreement between Metro Hospitality Services, Inc ., and City of Fresno to update the project ’s construction schedule for the Downtown Fresno Marriott Courtyard Hotel located at the northeast corner of Inyo and M Street (District 3)
APPROVED ON CONSENT CALENDAR
1.-N. ID 22-384 ***RESOLUTION - Adopting the 48th Amendment to the Annual Appropriation Resolution (AAR) No. 2021-178 to appropriate $ 1,995,000 for two park developments; $ 1,265,000 for the Milburn and Dakota New Park Project (Council District 1) and $ 730,000 for the Radio Park Renovation Project (Council District 7) (Requires 5 Affirmative Votes ) (Subject to Mayor’s Veto).
RESOLUTION 2022-063 ADOPTED
APPROVED ON CONSENT CALENDAR
1.-O. ID 22-383 Actions pertaining to construction of 78 affordable multifamily apartments at 1538 E. Clinton Avenue in Central Fresno (District 7):
1. Adopt a finding of Categorical Exemption pursuant to Section 15332/Class 32 of the California Environmental Quality Act (CEQA) Guidelines
2. Approve an Owner Participation Agreement with 1538 E. Clinton Ave ., L.P. for the construction of 78 units of affordable multi -family apartments
APPROVED ON CONSENT CALENDAR
1.-P. ID 22-373 Award a Requirements Contract for Sexual Assault Kit Initiative Grant 2020 “Testing of Partially Tested Kits” in an amount not to exceed $ 203,700 for three years with no extension options to Bode Cellmark Forensics, Bid File No. 9616.
APPROVED ON CONSENT CALENDAR
1.-R. ID 22-325 Approve a Purchase and Sale Agreement for a 3,032 square foot City of Fresno ***Subject to Mayoral Veto Page 9
March 10, 2022City Council Meeting Minutes - Final
Permanent Easement and a 10,815 square foot Irrevocable Offer to Dedicate, from a portion of 3945 N. Polk Avenue (APN: 511-011-08), owned by Robert A. Knight and Pamela M. Knight to facilitate the Installation of the North Polk Avenue and West Ashlan Avenue Traffic Signal and the widening of North Polk Avenue and West Ashlan Avenue for $335,000 in compensation (Council District 1).
APPROVED ON CONSENT CALENDAR
1.-S. ID 22-341 Approve Second Amendment to Agreement with Jeff Katz Architecture adding $ 50,700 for a total of $ 559,700 for the Fire Station No. 18 project (Council District 1).
APPROVED ON CONSENT CALENDAR
1.-T. ID 22-05 Approve a relinquishment agreement with the California Department of Transportation for a portion of the old State Route 41 Bridge at the San Joaquin River. (Council District 6)
APPROVED ON CONSENT CALENDAR
1.-U. ID 22-381 Actions pertaining to the Sierra Avenue and West Avenue Traffic Signal Improvements Project- Bid File 3837 (Council District 2):
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 $597,777 to Alfaro Communications Construction, Inc. of Compton, California
APPROVED ON CONSENT CALENDAR
1.-V. ID 22-376 Actions pertaining to the Hughes Avenue and Shields Avenue Traffic Signal Improvements Project - Bid File 3840 (Council District 1):
1. Adopt a finding of Categorical Exemption per staff determination pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines
2. Award a construction contract in the amount of $799,731.50 to American Paving Co. of Fresno, California
APPROVED ON CONSENT CALENDAR
1.-W. ID 22-324 ***RESOLUTION - Authorizing Submission of a Grant Application to the United States Economic Development Administration (EDA) American Rescue Plan Act Build Back Better Regional Challenge for the Opportunity Walkway; and Authorizing the Execution of Grant Application and Grant Agreement Documents by the Public Works Director or Designee (Council District 3) (Subject to Mayor’s Veto).
City of Fresno ***Subject to Mayoral Veto Page 10
March 10, 2022City Council Meeting Minutes - Final
RESOLUTION 2022-065 ADOPTED
APPROVED ON CONSENT CALENDAR
1.-X. ID 22-402 Actions pertaining to Resolution of Intention Number 1146-D to vacate the most northerly corner cut-off of M Street and Inyo Street (Council District 3):
1. Adopt a finding of Categorical Exemption per Environmental Assessment Number P 21-04415 per staff determination, pursuant to Section 15301/Class 1 of the California Environmental Quality Act (CEQA) Guidelines
2. RESOLUTION - Adopt the attached Resolution of Intention Number 1146-D to vacate the most northerly corner cut -off of M street and Inyo Street
APPROVED ON CONSENT CALENDAR
1.-Y. ID 22-421 Approve the appointments of Ken Elvington, Wyatt Meadows, and reappointments of Alysia Bonner, Delfino Neira, Sherry Neil, Chuck Riojas, Lenora Lacy Barnes, and Raine Bumatay as Joint City/County members to the Fresno Regional Workforce Development Board (FRWDB).
Delfino Neira was removed from the appointment from the Fresno Regional Workforce Development Board (FRWDB).
APPROVED AS AMENDED
APPROVED ON CONSENT CALENDAR
1.-AA. ID 22-420 ***RESOLUTION - Regarding nondisclosure agreements (Subject to Mayor’s Veto).
The above item was removed from the agenda with no specific return date.
TABLED
1.-DD. ID 22-389 ***RESOLUTION - Confirming emergency conditions continue to directly impact the ability of legislative bodies to meet safely in person, and authorizing remote teleconference meetings of City legislative bodies for 30 days, pursuant to Brown Act provisions (Subject to Mayor’s Veto).
RESOLUTION 2022-066 ADOPTED
APPROVED ON CONSENT CALENDAR
Aye: Esparza, Maxwell, Arias and Chavez4 -
No: Bredefeld1 -
Absent: Soria and Karbassi2 -
City of Fresno ***Subject to Mayoral Veto Page 11
March 10, 2022City Council Meeting Minutes - Final
CONTESTED CONSENT CALENDAR
1.-Q. ID 22-386 Actions pertaining to the 2021 Off-Highway Vehicle (OHV) Grant Program:
1. Authorize the Chief of Police to accept $31,844 in grant funding for the 2021 Off -Highway Vehicle grant program awarded to the Fresno Police Department from the State of California Department of Parks and Recreation;
2. Authorize the Chief of Police to execute the agreement and all related documents applicable to the 2021 OHV grant including amendments and extensions; and
3. ***RESOLUTION - Adopt a Resolution authorizing approval of $31,844 in grant funding from the State of California Department of Parks and Recreation for the Fresno Police Department ’s 2021 Off-Highway Vehicle grant (Subject to Mayor’s Veto)
There was no staff presentation on this item. Deputy Police Chief Reid and City Manager White responded to questions.
Discussion on this item included: the return of bike units in districts; overtime hours and percentage of overall duties dedicated to the area; subsidizing the County of Fresno; overtime incentive in District 4; potential fires in the area; access to the river; street racing; safety issues around schools; daily patrolling in Motel Drive; contract policing throughout the districts; and prioritizing Tower District.
RESOLUTION 2022-064 ADOPTED
On motion of Vice President Maxwell, seconded by Councilmember Karbassi, the above Action Item was ADOPTED. The motion carried by the following vote:
Aye: Esparza, Maxwell, Soria, Karbassi, Arias, Chavez and Bredefeld
7 -
City Council recessed for lunch at 12:00 P.M. and returned from lunch at 1:37 P.M.
1.-Z. ID 22-410 BILL (for introduction) - Amending Section 12-4.1603 of the Fresno Municipal Code, relating to fee waiver program for certain residential infill projects.
There was no staff presentation on this item. Councilmember Bredefeld asked if District 6 would be included in the infill projects. City Manager White responded.
City of Fresno ***Subject to Mayoral Veto Page 12
March 10, 2022City Council Meeting Minutes - Final
BILL B-4, APPROVED, INTRODUCED AND LAID OVER
On motion of Councilmember Arias, seconded by Councilmember Bredefeld, the above Action Item was ADOPTED. The motion carried by the following vote:
Aye: Esparza, Maxwell, Karbassi, Arias, Chavez and Bredefeld6 -
Absent: Soria1 -
1.-BB. ID 22-423 RESOLUTION- Directing staff to prepare an agreement between the City of Fresno and San Joaquin Air Pollution Control District regarding notification and processing procedures for applications within the South Central Fresno Community as defined in the Central South Fresno CERP pursuant to AB 617
There was no presentation on this item: Councilmember Bredefeld asked staff to address their concerns regarding the item. Planning and Development Director Clark responded.
Councilmember Arias withdrew the item and announced he would work with the administration on a Memorandum of Understanding (MOU) to address concerns.
Upon consensus of the Council the above item was removed from the agenda.
REMOVED FROM THE AGENDA
1.-CC. ID 22-416 ***RESOLUTION - Prioritizing certain infrastructure General Fund and ARPA Funded Projects (Subject to Mayor’s Veto).
There was no staff presentation on this item. Council President Esparza withdrew the item and directed the administration to proceed with a process to get projects in the pipeline and to get the structure built. He requested Councilmembers re-submit their priority project list to the administration.
Upon consensus of the Council the item was removed from the agenda and tabled with no specific return date.
REMOVED FROM THE AGENDA AND TABLED
City of Fresno ***Subject to Mayoral Veto Page 13
March 10, 2022City Council Meeting Minutes - Final
2. SCHEDULED COUNCIL HEARINGS AND MATTERS
10:05 A.M.
ID 22-232 HEARING to consider the vacation of a portion of East Kaviland Avenue at South Rose Avenue (Council District 3):
1. ***RESOLUTION - Ordering the vacation of a portion of East Kaviland Avenue at South Rose Avenue (Subject to Mayor’s Veto)
The hearing was called to order at 1:56 P.M. There was no Council discussion and no staff presentation. Upon call, there was no public comment. The hearing was closed at 1:57 P.M.
RESOLUTION 2022-067 ADOPTED
On motion of Councilmember Arias, seconded by Councilmember Chavez, that the above Action Item be ADOPTED. The motion carried by the following vote:
Aye: Esparza, Maxwell, Karbassi, Arias, Chavez and Bredefeld6 -
Absent: Soria1 -
3. GENERAL ADMINISTRATION
3.-A. ID 22-412 Progress of Code Enforcement, including ASET Quarterly report.
The above quarterly report was presented to Council by Assistant City Attorney Roberson and City Attorney Sloan.
PRESENTED
4. CITY COUNCIL
5. CLOSED SESSION
Upon call, there was no public comment for Closed Session items and City Council adjourned into Closed Session at 2:24 P.M.
During open session, City Attorney Sloan announced each of the Closed Session items listed on the agenda and stated there would be nothing to announce following Closed Session. City Attorney Sloan also announced that Councilmember Chavez would be recused from Closed Session item 5-A (ID 22-399) Conference with Legal Council - Existing litigation for CMG City of Fresno ***Subject to Mayoral Veto Page 14
March 10, 2022City Council Meeting Minutes - Final
Construction Management, Inc., vs. City of Fresno, et al. and 5-B (ID 22-400) Conference with Real Property Negotiator for property: UMC Campus.
5.-A. ID 22-399
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Government Code Section 54956.9, subdivision (d)(1)
CMG Construction Management, Inc. v. City of Fresno, et al., Fresno Superior Court Case No. 22CECG00271
Councilmember Chavez recused himself from the above item and was not present for the course of the discussion
DISCUSSED
5.-B. ID 22-400
CONFERENCE WITH REAL PROPERTY NEGOTIATOR Government
Code Section 54956.8
Property: UMC Campus; Negotiating Parties: City Manager, County of Fresno; Under Negotiations: Price and terms of sale.
Councilmember Chavez recused himself from the above item and was not present for the course of the discussion
DISCUSSED
5.-C. ID 22-335
CONFERENCE WITH REAL PROPERTY NEGOTIATOR Government
Code Section 54956.8
Property: APN 468-400-54T
Negotiating Parties: City Manager White, Prosperous Terra, LLC. (Ruelas, Inc.)
Under Negotiation: Price and terms of sale.
The above item was removed from the agenda by Councilmember Arias and was not discussed during Closed Session.
5.-D. ID 22-411 CONFERENCE WITH LEGAL COUNSEL - PUBLIC SECURITY - Government Code Section 54957(a)
Matters posing a threat to the security of public buildings, the security of essential public services, and to the public’s right of access to public services and public facilities, and related actions pertaining to the Declaration by Governor Newsom of a State of Emergency to Help State City of Fresno ***Subject to Mayoral Veto Page 15
March 10, 2022City Council Meeting Minutes - Final
Prepare for Broader Spread of COVID-19, and related local concerns.
DISCUSSED
5.-E. ID 22-418 CONFERENCE WITH LEGAL COUNSEL - PUBLIC SECURITY - Government Code Section 54957(a): Discuss security of City Hall.
DISCUSSED
5.-F. ID 22-369
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);
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)
DISCUSSED
ADJOURNMENT
City Council adjourned from closed session at 3:52 P.M. in memory of Major Nhia Long Vang and Jeffery Robinson.
These minutes were approved by unanimous vote of the City Council during the March 24, 2022 Regular Council meetings.
City of Fresno ***Subject to Mayoral Veto Page 16