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Minutes, regular meeting, first session

Fresno City Council
October 20, 2022

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Minutes, regular meeting, first session
Meeting
October 20, 2022
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Fresno City Council
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Text extracted from the city's file for reading and search. Open the original on legistar2.granicus.com. That file is the official record.

Thursday, October 20, 2022
9:00 AM
City of Fresno
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
Council Chambers (In Person and/or Electronic)
City Council
President - Nelson Esparza
Vice President - Tyler Maxwell
Councilmembers:

Esmeralda Z. Soria, Mike Karbassi, Miguel Angel Arias, Luis Chavez, Garry Bredefeld
City Manager - Georgeanne A. White
Interim City Attorney - Rina Gonzales
City Clerk - Todd Stermer, CMC
Meeting Minutes
Regular Meeting
October 20, 2022City Council Meeting Minutes
The City Council for the City of Fresno convened in regular session on October 20, 2022, at 9:00 A.M. concurrently with a separately noticed special meeting for closed session items.
9:06 A.M. ROLL CALL
Councilmember Bredefeld was absent during roll call but joined the meeting at 9:22 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 led by Deputy Mayor Grundy, Office of the Mayor and City Manager's Office.

Pledge of Allegiance to the Flag

APPROVE AGENDA
City Clerk Stermer announced there was a separately noticed special meeting to hear the following closed session items:

ID 22-1648 regarding public employee appointment: City Controller ID 22-1649 regarding anticipated Litigation: Howard Jarvis Taxpayers Association v. City of Fresno
The following changes to the agenda were also announced:

Changes were made to section 5(a)(ii) and Section 8 of the grant agreement with Advance Peace in Consent Calendar item 1-G (ID 22-1599).

Supplements regarding the changes were distributed.

Consent Calendar item 1-H (ID 22-1547) regarding use of Parking Garage 7 – Councilmember Arias would like the motion to approve the Second Amendment to the License Agreement with T-Mobile West LLC, to include an amendment for the term of the License Agreement to expire on October City of Fresno ***Subject to Mayoral Veto Page 2
October 20, 2022City Council Meeting Minutes
27, 2024, with no additional renewal terms. Councilmember Soria announced a conflict on this item and recused herself.

Councilmember Bredefeld registered a "no" vote on Consent Calendar item 1-Q (ID 22-1375) regarding emergency conditions impacting the ability to meet safely in person.

Interim City Attorney Gonzales announced a conflict with Closed Session item 5-E (ID 22-1627) and recused herself from that item.

Council President Esparza announced conflicts with Closed Session items 5-G (ID 22-1629) and 5-H (ID 22-1633) and recused himself from those items.

THE FOLLOWING ITEMS WERE REMOVED FROM THE AGENDA AND
TABLED TO THE NOVEMBER 3, 2022, REGULAR MEETING
Consent Calendar item 1-A (ID 22-1601) regarding approval of the minutes – tabled to November 3, 2022, by staff.

Consent Calendar item 1-C (ID 22-1615) regarding an agreement with Moss Adams LLP - tabled to November 3, 2022, by Councilmember Arias.

Consent Calendar item 1-D (ID 22-1616) regarding acceptance of the Staffing for Adequate Fire and Emergency Response (SAFER) grant – tabled to November 3, 2022, by the administration.

Consent Calendar item 1-P (22-1617) - regarding incentivizing job creation along certain corridors - tabled to November 3, 2022, by Councilmember Chavez

THE FOLLOWING ITEMS WERE MOVED FROM THE CONSENT

CALENDAR TO THE CONTESTED CONSENT CALENDAR FOR

FURTHER DISCUSSION
1-B (ID 22-1546) regarding Tower Theatre Fees - moved to Contested Consent by Councilmember Bredefeld.

City of Fresno ***Subject to Mayoral Veto Page 3
October 20, 2022City Council Meeting Minutes
1-F (ID 22-1608) regarding the Local Agency Technical Assistance (LATA) grant - moved to Contested Consent by Councilmember Arias. 1-G (ID 22-1599) regarding funding for the Violence Intervention and Prevention Initiative Grant Program - moved to Contested Consent by Councilmember Bredefeld.
1-H (ID 22-1547) regarding the use of Parking Garage 7 - moved to contested Consent by Councilmember Karbassi.
1-J (ID 22-1623) regarding establishing Community Facilities District 18 - moved to Contested Consent by Councilmember Soria.

On motion of Councilmember Arias, seconded by Vice President Maxwell ,the Agenda was APPROVED AS AMENDED. The motion carried by the following vote:

Aye: Esparza, Maxwell, Soria, Karbassi, Arias and Chavez6 -

Absent: Bredefeld1 -

CEREMONIAL PRESENTATIONS
ID 22-1610 Proclamation for “October Breast Cancer Awareness Month and Metastatic Breast Cancer Action Week”

PRESENTED
ID 22-1606 Proclamation for “Health Literacy Awareness Month”

PRESENTED
ID 22-1602 Announcement of Fall Employee of the Quarter (EOQ) Recipients

PRESENTED

COUNCILMEMBER REPORTS AND COMMENTS
Councilmember Soria made reports. There was a community meeting in the Tower District to receive input and discuss the bike lane project in that area.

October 26, 2022 would be the Tower Theater community meeting to discuss how people could access the theatre. The meeting would be followed by a movie night. The District 1 Fall Festival would take place at City of Fresno ***Subject to Mayoral Veto Page 4
October 20, 2022City Council Meeting Minutes
Inspiration park on October 29, 2022.

Councilmember Arias had announcements. The City intervened to provide additional time for District 6 residents that were being mass evicted from their apartments for, "substantial improvements." Forty to fifty District 6 residents were recently displaced due to an apartment fire on Belmont Avenue. Policy changes will be needed to combat a disturbing trend where foreign investment firms purchase rental properties and legally evict tenants in order to rent to higher paying tenants. The Department of Public Works (DPW) has been replacing missing trees in Downtown Fresno. DPW staff did a great job answering questions regarding the protected bike lanes during the recent Tower District community meeting. A memo or workshop was requested from the administration regarding the quality of insurance coverage for city employees.

Councilmember Bredefeld announced he recently had a basal-cell carcinoma removed from his scalp and reminded people the importance of having their skinned checked regularly. The Public Safety Memorial unveiling was scheduled for November 2, 2022, in front of City Hall.

Councilmember Bredefeld engaged the administration in a brief conversation about the timing of Consent Calendar item 1-C (22-1646) which had been removed from the agenda by Councilmember Arias.

Vice President Maxwell announced the District 4 Fall Fest was scheduled for October 29 at Large Park and would include free pumpkins, snacks and a costume party.

Council President Esparza made reports. Eighteen AmeriCorps members were sworn in at the Fresno Center in District 7 on October 15. The Fresno Center's annual multicultural resource fair, Embrace Diversity Day, will happen on October 22. The Fresno Police Department, Central Precinct will host a Trunk-or-Treat event at the Manchester Center on October 22.

MAYOR/MANAGER REPORTS AND COMMENTS
Mayor Dyer reported to Council. Fresno City College scheduled a meeting tonight at Gaston Middle School to provide an update on the West Fresno Campus and the delays related to Pacific Gas and Electric. Beautify Fresno City of Fresno ***Subject to Mayoral Veto Page 5
October 20, 2022City Council Meeting Minutes
will be hosting alley clean up events in the Tower District, southeast and southwest Fresno over the weekend. The Mayor will be attending the Embrace Diversity event at the Fresno Center in District 7.

City Manager White noted the Parks, Recreation and Arts Commission recommend approval of the Tower Theater Fees currently on the agenda as Consent Calendar item 1-B (ID 22-1546). A memo was previously delivered to the Councilmembers with the recommendation.

UNSCHEDULED COMMUNICATION
Council President Esparza called for public comment on all Consent, Contested Consent and Closed Session items including Unscheduled Communication. The following members of the public addressed Council:

Fernando Paul Elizando, Jenny Copeland, Dez Martinez, Regina Bell and Chalet Pelham, Christina Martinez, Lisa Flores, Brandi Nuse-Villegas.

The following speakers were in support of Consent Calendar item 1-H (ID 22- 1547) regarding the use of Parking Garage 7: Brianna Gallas, Lance Roberts, Nicole Orr, Jessica Rodriguez, Shelby Mendenall, Joseph Mesa, Gabriel Hernandez, Randal Soto, Yasmin Soto, Henriques Tarpin, Raylene Pino, Sia Parker, Rodrigo De La Rosa and Pa Richardson.

The following speakers were in support of Consent Calendar item 1-G (ID 22-1547) regarding funding for the Ciolence Intervention and Prevention Initiative Grant Program: Gloria Hernandez, Dez Martinez, Brandi Nuse-Villegas and Reverend Simon Bessel.

1. CONSENT CALENDAR

APPROVAL OF THE CONSENT CALENDAR
On motion of Vice President Maxwell, seconded by Councilmember Karbassi, the CONSENT CALENDAR was hereby adopted by the following vote:

Aye: Esparza, Maxwell, Soria, Karbassi, Arias, Chavez and Bredefeld
7 -

1.-A. ID 22-1601 Approval of the regular meeting minutes of October 13, 2022 and special meeting minutes of September 29, 2022.

City of Fresno ***Subject to Mayoral Veto Page 6
October 20, 2022City Council Meeting Minutes
The above item was tabled to November 3, 2022, by staff.

TABLED

1.-C. ID 22-1615 Approve agreement with Moss Adams, LLP for consultant services for agreed-upon procedures for $190,640 (RFP No. 10121)
The above item was tabled to November 3, 2022, by Councilmember Arias.

TABLED

1.-D. ID 22-1616 ***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) The above item was tabled to November 3, 2022, by the administration.

TABLED

1.-E. ID 22-1509 Award a two -year Requirements Contract with three one -year extensions to West Star Environmental, Inc. of Fresno, California, for citywide fuel site maintenance, repair, and testing required to remain in compliance with the County of Fresno and San Joaquin Valley Air Pollution Control District regulations not to exceed the five -year total amount of $ 280,162 plus CPI adjustments (Bid File 9636) (Citywide)

APPROVED ON CONSENT CALENDAR

1.-I. ID 22-1530 Action relating to repealing and adding Building Regulations in the Fresno Municipal Code

1. BILL (For Introduction) - Adopting express findings related to local climatic, topographical and geological conditions that make the City’s amendments to the California Mechanical Code and California Plumbing Code reasonably necessary and repealing Sections 11-101 through Section 11-109 of Article 1, Chapter 11 of the Fresno Municipal Code and adding Sections 11-101 through Section 11-109 of Article 1, of Chapter 11 to adopt and amend the California Building, Residential, Electrical, Mechanical, Plumbing, Energy and Green Building Standards Codes
BILL B-34 INTRODUCED AND LAID OVER

APPROVED ON CONSENT CALENDAR

1.-K. ID 22-1457 Authorize the Chief of Police to execute a services and facilities contract with the Fresno County Department of Behavioral Health (DBH) to enhance the Fresno Police Department ’s response to calls involving individuals City of Fresno ***Subject to Mayoral Veto Page 7
October 20, 2022City Council Meeting Minutes
experiencing a mental health crisis by continuing our existing partnership with DBH and contract mental health service providers

APPROVED ON CONSENT CALENDAR

1.-L. ID 22-1543 RESOLUTION - Approve a grant application for the Blackstone Avenue and McKinley Avenue BNSF Grade Separation Project for formulaic grant funds in the amount of $ 1,904,000 from the Local Partnership Program (Council Districts 1 and 7)
RESOLUTION 2022-236 ADOPTED

APPROVED ON CONSENT CALENDAR

1.-M. ID 22-1544 Approve the Sixth Amendment to the Consultant Services Agreement with QK Consulting Engineers, Inc., of Clovis, CA in the amount of $5,928, for a total increased contract amount of $86,998, for professional civil engineering design services and preparation of construction documents for the Jensen Avenue Overlay Project from State Route 41 to Martin Luther King Jr. Boulevard (Council District 3)

APPROVED ON CONSENT CALENDAR

1.-N. ID 22-1591 BILL - (For introduction) Amending the uncodified ordinance to adopt changes and additions to the official list of designated special speed zones for various streets within the City of Fresno pursuant to Section 14-1501 of the Fresno Municipal Code (Citywide) (Subject to Mayor’s veto) BILL B-35 INTRODUCED AND LAID OVER

APPROVED ON CONSENT CALENDAR

1.-O. ID 22-1618 ***BILL B-30 (Intro’d 10/13/2022) (For Adoption) - Amending Section 9-613 of the Fresno Municipal Code relating to Exceptions from the Pawnbrokers and Secondhand Dealers Ordinance. (Subject to Mayor’s Veto)
ORDINANCE 2022-033 ADOPTED

APPROVED ON CONSENT CALENDAR

1.-P. ID 22-1617 ***RESOLUTION - Adopting a program to incentivize job creation along the Ventura/Kings Canyon/Avenida Cesar Chavez corridor east of First Street (Subject to Mayor’s Veto)
The above item was tabled to November 3, 2022, by Councilmember Chavez.

TABLED
City of Fresno ***Subject to Mayoral Veto Page 8
October 20, 2022City Council Meeting Minutes

1.-Q. ID 22-1375 ***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).

Councilmember Bredefeld registered a "no" vote on the above item. As such, this item was APPROVED 6-1 by the following vote:

Aye (6): Soria, Karbassi, Arias, Chavez, Maxwell, Esparza No (1): Bredefeld
RESOLUTION 2022-237 ADOPTED

APPROVED ON CONSENT CALENDAR

1.-R. ID 22-1631 RESOLUTION - Amending Rule 6 of the Council Rules of Procedure Related to Sponsorship of Agenda Items.

RESOLUTION 2022-238 ADOPTED

APPROVED ON CONSENT CALENDAR

CONTESTED CONSENT CALENDAR

1.-B. ID 22-1546 ***RESOLUTION - Adopting the 573rd Amendment to the Master Fee Schedule Resolution No. 80-420 to add and
revise various fees for the Tower Theatre and move all Tower Theatre fees from the General Government Section to the Parks, After School, Recreation, and Community Services Section (Subject to Mayor’s Veto)
Councilmember Bredefeld moved the above item to the Contested Consent Calendar to ask if fees would be added for use of the parking lot. City Manager White and Assistant City Manger Quinto responded to questions.

Council discussion also included the insurance and indemnification requirements required to lease the building and the screen installed within the theatre. A memo regarding insurance and indemnification was requested from the administration.

RESOLUTION 2022-232 ADOPTED
On motion of Councilmember Arias, seconded by Council President Esparza, that the above Action Item be APPROVED. The motion City of Fresno ***Subject to Mayoral Veto Page 9
October 20, 2022City Council Meeting Minutes
carried by the following vote:

Aye: Esparza, Maxwell, Soria, Karbassi, Arias, Chavez and Bredefeld
7 -

1.-F. ID 22-1608 Actions pertaining to the Local Agency Technical Assistance (LATA) grant:

1. Authorize the Chief information Officer to accept $496,874 in grant funding for the LATA grant awarded to the City of Fresno from the California Public Utilities Commission (CPUC).

2. ***RESOLUTION - Adopt the 13th Amendment to the Annual Appropriation Resolution (AAR) No. 2022-154 appropriating $496,874 for the LATA grant (Requires five affirmative votes ) (Subject to Mayor’s veto).

Councilmember Arias moved the above item to the Contested Consent Calendar to ask why projects had not yet been identified. Chief Information Officer Horn responded to questions.

RESOLUTION 2022-233 ADOPTED
On motion of Vice President Maxwell, seconded by Councilmember Arias, that the above Action Item be APPROVED. The motion carried by the following vote:

Aye: Esparza, Maxwell, Soria, Karbassi, Arias, Chavez and Bredefeld
7 -

1.-G. ID 22-1599 Actions pertaining to the allocation of funding for the Violence Intervention and Prevention Initiative Grant Program:

1. Approve the recommendation of grant proposals allocating $950,000 from American Rescue Plan Act (ARPA) and $550,000 in General funding to local Community Based Organizations totaling $1,500,000 to the following organizations: Boys & Girls Club of Fresno County ($165,000); Every Neighborhood Partnership ($75,000); Focus Forward ($50,000); Fresno Economic
Opportunities Commission /Advance Peace ($375,000); Fresno Police Activities League ($75,000); HandsOn Central
California/Fresno Street Saints ($75,000); Hope Now for Youth ($130,000); Live Again Fresno ($150,000); Take a Stand
Committee ($50,000); The Resiliency Center ($50,000); Trauma Research and Education Foundation of Fresno ($130,000); West Fresno Health Care Coalition dba West Fresno Family Resource Center ($150,000) and Integral Community Solutions Institute ($25,000) for evaluation services.

2. RESOLUTION - Granting Authority to the Parks, After School, Recreation and Community Services (PARCS) Director or their City of Fresno ***Subject to Mayoral Veto Page 10
October 20, 2022City Council Meeting Minutes
Designee to Enter Into Agreements with Community Based
Organizations For One Year With The Option of One, One -Year Extension and Amendment to Provide Programs and Services Funded by the American Rescue Plan Act (ARPA) and General Fund to Aid in the COVID-19 Recovery Effort. (Citywide) The above item was moved to the Contested Consent Calendar by Councilmember Bredefeld to determine if the previous concerns with Advance Peace had been addressed. Business Manager MacNab City Manager White and Mayor Dyer responded to questions.

Council discussion on this item included: the ages of Advance Peace participants; whether or not stipends were provided to Advance Peace participants; how Advance Peace would interact with the Police Department; the need to take proper steps to protect the safety of the public; and the difference between this agreement with Advance Peace and the previously proposed agreement.

During approval of the agenda, City Clerk Stermer noted a supplement had been distributed with changes to the "Grant Agreement Between the City of Fresno and Fresno Economic Opportunities Commission Regarding Funding for the Advance Peace Program."
RESOLUTION 2022-234 ADOPTED
On motion of Councilmember Bredefeld, seconded by Vice President Maxwell, that the above Action Item be APPROVED. The motion carried by the following vote:

Aye: Esparza, Maxwell, Soria, Karbassi, Arias, Chavez and Bredefeld
7 -

1.-H. ID 22-1547 Actions pertaining to the use of Parking Garage 7:

1. Adopt a finding of Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines.

2. Approve the Second Amendment to the License Agreement between the City of Fresno, and T -Mobile West, LLC ., to license use of certain real property, together with access and utility rights located at the Fresno City Parking Garage 7 ( 801 Van Ness Avenue, Fresno, CA 93721) for four (4) five-year terms and total City of Fresno ***Subject to Mayoral Veto Page 11
October 20, 2022City Council Meeting Minutes
contract revenue of $436,920 (District 3)
The above item was moved to the Contested Consent Calendar by Councilmember Karbassi to discuss the differences in lease terms between T-Mobile and AT&T under the proposed T-Mobile amendment by Councilmember Arias. City Manager White, Director Clark and T-Mobile representatives responded to questions.

Councilmember Arias motioned to approve the Second Amendment to the License Agreement with T-Mobile West LLC, with an amendment for the term of the License Agreement to expire on October 27, 2024, with no additional renewal terms.

Discussion on this item included: the availability of intersections and towers as an alternative to the parking garage for T-Mobile equipment; the plans for historic designation of the parking garage; the location of graffiti at the garage and the impacts from its removal; the two years T-Mobile would have to make alternate agreements; the parking needs for housing; the total rental fees for the garage location; treating businesses fairly; and the history behind the AT&T agreement.

APPROVED AS AMENDED
On motion of Councilmember Arias, seconded by Council President Esparza, that the above Action Item be APPROVED AS AMENDED. The motion carried by the following vote:

Aye: Esparza, Maxwell, Arias and Chavez4 -
No: Karbassi and Bredefeld2 -
Recused: Soria1 -

1.-J. ID 22-1623 RESOLUTION - Of Intention to Establish a Community Facilities District (Community Facilities District No. 18 - Public Safety Services) and future annexation area and to Authorize the Levy of a Special Tax; and setting the public hearing for Thursday, December 1, 2022 at 10:10am (T-6310, near the northwest corner of Dakota and Polk Avenues; T -6234, southwest corner of Dakota & Hayes Avenues; future annexation area
encompasses entire City of Fresno) (Citywide)
Councilmember Soria moved the above item to the Contested Consent City of Fresno ***Subject to Mayoral Veto Page 12
October 20, 2022City Council Meeting Minutes
Calendar to ensure the agenda item included the conditions that were set when the annexation was originally approved.

Council discussion of this item included: the details of the attached map as opposed to the final map; the reasons for the public safety Community Facilities District; other public safety taxes from the City; if failure of this item would cause a moratorium on building; and the position of the Building Industry Association.

RESOLUTION 2022-235 ADOPTED
On motion of Councilmember Soria, seconded by Vice President Maxwell, that the above Action Item be ADOPTED. The motion carried by the following vote:

Aye: Esparza, Maxwell, Soria, Karbassi, Arias and Chavez6 - No: Bredefeld1 -

2. SCHEDULED COUNCIL HEARINGS AND MATTERS
10:00 A.M.

ID 22-1603 Appearance by Mary Padilla to discuss Returning Rightful Living to America. (Speaker Resides in District 2)

APPEARED
10:05 A.M.

ID 22-1604 Appearance by Steve Markus to discuss alley gate breaches. (Speaker Resides in District 7)

APPEARED

3. GENERAL ADMINISTRATION

3.-A. ID 22-1626 WORKSHOP - Fresno Chaffee Zoo Master Plan - presented by Fresno Chaffee Zoo Chief Executive Officer & Zoo Director, Jon Forrest Dohlin.

The above workshop was presented to Council by Chaffee Zoo CEO Dohlin.

City Manager White also addressed Council.

Council discussion on this item included: a dislike of pavement parking that takes up green space; how decisions are made regarding the Zoo Master City of Fresno ***Subject to Mayoral Veto Page 13
October 20, 2022City Council Meeting Minutes
Plan; the timing of goals related to the parking garage; Measure "Z" money not being used outside the footprint of the zoo; project funding sources; the timeline for the Zoo Master Plan; zoo attendance; Roeding Park improvements currently in the works; the aquarium project and proposed timeline; and the family friendly drag show held at the zoo.

WORKSHOP PRESENTED

4. CITY COUNCIL
There were no City Council items on the agenda.

5. CLOSED SESSION
Council adjourned to closed session at 3:13 P.M. During open session, interim City Attorney Gonzales listed the items to be discussed in closed session. She reported a conflict of interest and recused herself from closed session item 5-E (ID 22-1627) regarding the appointment of the City Attorney. She did not expect there to be any report of action from closed session.

5.-A. ID 22-1534

CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Government Code Section 54956.9, subdivision (d)(1)
Case Name: City of Fresno v. Fresno Building Healthy Communities Court of Appeal Case No.: F084662; and
Case Name: Fresno Building Healthy Communities v. City of Fresno Court of Appeal Case No.: F084666 (PARCS Department)
The above item was discussed in closed session. There were no open session announcements regarding this item.

DISCUSSED

5.-B. ID 22-1613

CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Government Code Section 54956.9, subdivision (d)(1)
Gianna Provenzano v. City of Fresno, et al.

Fresno Superior Court Case No. 21CECG01263
City of Fresno ***Subject to Mayoral Veto Page 14
October 20, 2022City Council Meeting Minutes
The above item was discussed in closed session. There were no open session announcements regarding this item.

DISCUSSED

5.-C. ID 22-1614 CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Government Code Section 54956.8
Property: 937-945 F Street; APN 467-07-402
Negotiating Parties: City Manager, Wilson and Yolanda Wong Under Negotiation: Terms and conditions of sale
The above item was discussed in closed session. There were no open session announcements regarding this item.

DISCUSSED

5.-D. ID 22-1612
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 discussed in closed session. There were no open session announcements regarding this item.

DISCUSSED

5.-E. ID 22-1627 CONSIDER PUBLIC EMPLOYEE APPOINTMENT - Government Code Section 54957(b):

Consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee.

Title: City Attorney
In open session, Interim City Attorney Gonzales announced a conflict recused herself from the above item. She was absent for the duration of the discussion. There were no open session announcements regarding this item.

DISCUSSED

5.-F. ID 22-1620

CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION,
Government Code Section 54956.9(d)(4) - City Council is considering whether to initiate litigation: One (1) potential case City of Fresno ***Subject to Mayoral Veto Page 15
October 20, 2022City Council Meeting Minutes
The above item was discussed in closed session. There were no open session announcements regarding this item.

DISCUSSED

5.-G. ID 22-1629

CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION,
Government Code Section 54956.9, subdivision (d)(2);
Nelson Esparza v. City of Fresno

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION,
Government Code Section 54956.9, subdivision (d)(1);
People v. Nelson Esparza (F22905037)
In open session, Council President Esparza announced a conflict recused himself from the above item. He was absent for the duration of the discussion. There were no open session announcements regarding this item.

DISCUSSED

5.-H. ID 22-1633

CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION,
Government Code Section 54956.9(d)(4) - City Council is considering whether to initiate litigation: One (1) potential case In open session, Council President Esparza announced a conflict recused himself from the above item. He was absent for the duration of the discussion. There were no open session announcements regarding this item.

DISCUSSED

ADJOURNMENT
Council adjourned from open session at 3:13 P.M.

The above minutes were approved by unanimous vote of the City Council during the November 3, 2022, regular meeting with Councilmember Karbassi absent.

City of Fresno ***Subject to Mayoral Veto Page 16

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