2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
City of Fresno
Meeting Minutes
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
9:00 AM Council Chambers (In
Person And/Or Electronic)
Thursday, December 1, 2022
Regular Meeting
The City Council met in regular session in the Council Chamber, City Hall, on the date and time above written.
9:07 A.M. ROLL CALL
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 Rev. Mike Chastain, Pastor with New Covenant Community Church, Fresno
Pledge of Allegiance to the Flag
APPROVE AGENDA
City Clerk Stermer announced the following changes to the agenda:
Councilmember Chavez had requested the meeting be adjourned in the memory of Pastor Paul McCoy.
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Councilmember Bredefeld and Councilmember Karbassi each registered a "no" vote on Consent Calendar item 1-I (ID 22-1811) regarding compensation and benefits for city employees and charter officials.
President Esparza announced conflict and recused himself from Closed Session item 5-D (ID 22-1810) regarding Nelson Esparza v. City of Fresno and People v. Nelson Esparza.
Consent Calendar item 1-C (ID 22-1657), regarding Airport Improvement Program grants, only requires a simple majority vote to pass, not five votes as listed on the agenda.
Consent Calendar item 1-J (ID 22-1803), regarding the Justice Assistance Grant - part one of this item which authorizes the PARCS Director or designee to accept the funding, is subject to mayoral veto.
Consent Calendar item 1-BB (ID 22-1812) regarding the at will employment agreement of the City Attorney has been amended to include the following:
[e]mployee agrees not to participate as an officer, board member, or in any other capacity in any political action committee.
Consent Calendar 1-G (ID 22-1805), regarding the Staffing for Adequate Fire and Emergency Response (SAFER) grant, was moved to the December 15, 2022, agenda by staff.
10:10 A.M. #4 Scheduled Matter (ID 22-1840), regarding an update on the State Center Community College District Projects, was moved to the December 15, 2022 agenda by Councilmember Arias.
Consent Calendar item 1-E (ID 22-1817), regarding the sixth amendment to the FY 2023 Salary Resolution, was removed from the agenda with no specified return date by Councilmember Arias.
THE FOLLOWING ITEMS WERE MOVED FROM THE CONSENT
CALENDAR TO THE CONTESTED CONSENT CALENDAR FOR
FURTHER DISCUSSION
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1-J (ID 22-1803) regarding the Justice Assistance Grant - moved to Contested Consent by Councilmember Bredefeld.
1-K (ID 22-1807) regarding a memorandum of understanding with the American Red Cross - moved to Contested Consent by Councilmember Arias.
1-N (ID 22-1797) regarding the 16th amendment to the Annual Appropriation Resolution - moved to Contested Consent by Councilmember Arias. 1-P (ID 22-1802) regarding a contract with the Fresno Police Chaplaincy - moved to Contested Consent by Councilmember Arias.
1-BB (ID 22-1812) regarding the at will employment agreement of the City Attorney - moved to Contested Consent by Councilmember Bredefeld.
On motion of Councilmember Arias, seconded by Councilmember Soria, the agenda was APPROVED AS AMENDED. The motion carried by the following vote:
Aye: Esparza, Maxwell, Soria, Karbassi, Arias, Chavez and Bredefeld
7 -
CEREMONIAL PRESENTATIONS
ID 22-1188 Proclamation for “Dr. Lori Bennett, President of Clovis Community College”
PRESENTED
ID 22-1762 Proclamation for "Trans Day of Remembrance"
PRESENTED
Councilmember Soria was recognized for her eight years of service to the City with a surprise proclamation.
COUNCILMEMBER REPORTS AND COMMENTS
Councilmember Soria Reports and Comments. Councilmember Soria submitted a resignation letter to the Council President and City Clerk, effective December 5, 2022, at 11:59 A.M. in order to assume the 27th Assembly District seat for the State of California.
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Councilmember Karbassi Reports and Comments. The partners that made District 2's second annual Operation Gobble a success by providing Thanksgiving dinners to 400 families were recognized. Districts 2 and 4 sponsored "World Day of Remembrance" on November 20 to remember the victims of traffic accidents. Northwest Fresno continues to develop with the opening of a Chipotlane, a drive-thru Chipotle Mexican Grill, at Brawley and Herndon avenues. Rina Gonzales was recognized for the excellent service she provided District 2 and the City of Fresno as interim City Attorney.
Councilmember Arias Reports and Comments. Rina Gonzales was recognized and thanked for her amazing service to the City of Fresno as the interim City Attorney.
Councilmember Bredefeld Reports and Comments. Public Work staff, "Josh and Stuart," were recognized for going above and beyond by answering the questions and interacting with a five year old District 6 resident curious about the concrete work they were performing.
Vice President Maxwell Reports and Comments. The second annual District 4 Toy Drive was scheduled for December 8 at Yosemite Falls Cafe.
Food and drinks would be provided and the cost of admission was a new unwrapped toy.
Council President Esparza Reports and Comments. A ribbon cutting ceremony was recently held for the new parking structure at Fresno City College.
MAYOR/MANAGER REPORTS AND COMMENTS
City Manager White Reports and Comments. Councilmember Soria was recognized for her years of services and dedication to the residents of District 1. Rina Gonzales was thanked for her service as interim City Attorney during a busy period of time for the City. The Monarch building in Chinatown recently received a "safe to occupy" certification. The warming centers at Maxi L. Parks, Mosqueda, Pinedale and Ted C. Wills community centers would be open from 7:00 P.M. until 7:00 A.M. tomorrow as temperatures were expected to be below 35 degrees Fahrenheit. Busses City of Fresno ***Subject to Mayoral Veto Page 4
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would provide free transportation to the centers. Notice of the warming center openings was issued the previous day.
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: Steve Diddy (1-F), Fernando Paul Elizando Sr., Lisa Flores (1-I), Eric Payne (10:10 A.M. #3), Robert McCloskey (1-K), Dez Martinez (1-K), Cynthia Piombino (1-K, 10:05 A.M.#2), Samuel Molina (10:10 A.M.#3), Karla Martinez (1-M), Brandi Nuse-Villegas (1-M, 1-K), Lynisha Senegal (1-C, 10:10 A.M.#3), D'Aungillique Jackson (10:10 A.M.#3, 1-M) and Kevin Williams (10:10 A.M.#3).
1. CONSENT CALENDAR
APPROVAL OF THE CONSENT CALENDAR
On motion of Councilmember Chavez, seconded by Council President Esparza, the CONSENT CALENDAR was hereby adopted by the following vote:
Aye: Esparza, Maxwell, Karbassi, Arias, Chavez and Bredefeld6 -
Absent: Soria1 -
1.-A. ID 22-1801 Approval of the minutes for November 15, 2022, Special Meeting, November 17, 2022, Regular Meeting, and November 17, 2022, Special Meeting.
APPROVED ON CONSENT CALENDAR
1.-B. ID 22-1804 Approval of City Council Meeting Schedule for Calendar Year 2023.
APPROVED ON CONSENT CALENDAR
1.-C. ID 22-1657 ***RESOLUTION - Authorizing the Director of Aviation or other authorized representative to: execute all implicated documentation for pre -application and application to the Federal Aviation Administration (FAA) for Airport Improvement Program (AIP) grants for federal fiscal years 2023 and 2024 for both Fresno Yosemite International Airport (FAT) and Fresno Chandler Executive Airport (FCH), accept FAA AIP grant (s) for FY 2023 and FY 2024 projects at both airports including all subsequent amendments thereto offered by the FAA; and apply for and accept grants and all subsequent amendments thereto offered by the California Department of City of Fresno ***Subject to Mayoral Veto Page 5
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Transportation Aeronautics Division for matching funds for FY 2023 and 2024 FAA grants for the Fresno Chandler Executive Airport. (Requires 5 votes) (Subject to Mayor’s Veto)
RESOLUTION 2022-266 ADOPTED
APPROVED ON CONSENT CALENDAR
1.-D. ID 22-1818 RESOLUTION - Declaring its official intent to use proceeds of indebtedness to reimburse the City for certain expenditures related to the Terminal Expansion Project at Fresno Yosemite International Airport (Requires 5 votes).
RESOLUTION 2022-267 ADOPTED
APPROVED ON CONSENT CALENDAR
1.-E. ID 22-1817 1. *** RESOLUTION: Adopt the Sixth Amendment to FY 2023 Salary Resolution No. 2022-152, amending Exhibit 2, Unit 2 - Non-Represented Management and Confidential Classes, to create the new classification of Senior City Attorney Investigator (Subject to Mayor’s Veto) The above item was removed from the agenda by Councilmember Arias with no specified return date.
TABLED
1.-F. ID 22-1829 Approve the reappointments of Gerald Lee to the Fresno/Clovis Community Media Authority, and Michael McDonald to the Civil Service Board. Approve the appointments of Julie Federico and Elizabeth Laval to the Historic Preservation Commission, and Ruth F. Quinto, CPA to the City of Fresno Employees Retirement Board
APPROVED ON CONSENT CALENDAR
1.-G. ID 22-1805 ***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 December 15, 2022, by staff.
TABLED
1.-H. ID 22-1716 Award a construction contract with Bush Engineering Incorporated, of Fresno, California, in the amount of $ 811,122 for the construction of a new park at North Van Ness Boulevard and East Weldon Avenue and authorize the Director of General Services or designee to sign and execute related documents (Bid File 12300704) (District 1)
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APPROVED ON CONSENT CALENDAR
1.-I. ID 22-1811 Actions pertaining to adopting the ordinances related to compensation and benefits for city employees and charter officials
1. ***Bill B -38 (Intro’d 11/17/2022) (For Adoption) -Amending Ordinance No. 2022-22 of the Fresno Municipal Code and Adopting an Ordinance Setting Forth the Compensation of Elective Officers (Subject to Mayor ’s Veto)
2. ***Bill B -39 (Intro’d 11/17/2022) (For Adoption) -Amending Ordinance No. 2017-10 of the Fresno Municipal Code and Adopting an Ordinance Related to Reimbursement of Expenses for Elected Officials (Subject to Mayor’s Veto)
Councilmember Karbassi and Councilmember Bredefeld each registered a "no" vote on the above item. As such, this item was APPROVED 4-2 by the following vote:
Aye (4): Arias, Chavez, Maxwell, Esparza
No (2): Karbassi, Bredefeld
Absent (1): Soria
ORDINANCE 2022-040 ADOPTED
ORDINANCE 2022-041 ADOPTED
APPROVED ON CONSENT CALENDAR
1.-L. ID 22-1752 Approve the Fifth Amendment to the consultant services agreement with Rami + Associates, Inc ., extending the contract performance period to June 30, 2023. No additional funding is requested.
APPROVED ON CONSENT CALENDAR
1.-M. ID 22-1799 ***RESOLUTION - Adopting the 14th Amendment to the Annual Appropriation Resolution (AAR) No. 2022-154 appropriating $3,500,000 in the City of Fresno Local Housing Trust Fund (requires 5 Affirmative Votes) (Subject to Mayor’s Veto)
RESOLUTION 2022-270 ADOPTED
APPROVED ON CONSENT CALENDAR
1.-O. ID 22-1744 Approve the award of a cooperative purchase agreement to Lehr Auto of Sacramento, California for the purchase of 24 Panasonic CF -33 Toughbook laptops in the amount of $ 161,900 to replace aging, out of date computers in Police vehicles.
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APPROVED ON CONSENT CALENDAR
1.-Q. ID 22-1730 Approve an agreement for Professional Engineering Services with Mark Thomas & Company, Inc. for $ 455,407.11, with a $ 45,000 contingency, for design and construction support services for the Midtown Trail Segment 1 (Phase II) Project (Council District 7)
APPROVED ON CONSENT CALENDAR
1.-R. ID 22-1770 Annual Review and Acceptance of the FY 2022 Impact Fee Annual Report as Required by California Government Code
APPROVED ON CONSENT CALENDAR
1.-S. ID 22-1771 Approve a substitution of a listed Subcontractor DeAnda Company, for Prefabricated Restroom at Hinton Park. (Council District 3)
APPROVED ON CONSENT CALENDAR
1.-T. ID 22-1780 Actions pertaining to the Capital Improvement Projects within the City of Fresno street right of way (All Council Districts)
1. Approve agreement in the amount of $958,000 with RMA GeoScience for materials testing and acceptance services
2. Approve agreement in the amount of $958,000 with Salem Engineering Group Inc. for materials testing and acceptance services
3. Approve agreement in the amount of $958,000 with Krazan & Associates, Inc. for materials testing and acceptance services
4. Approve agreement in the amount of $117,000 with Moore Twining & Associates, Inc. for independent assurance testing
5. Authorize the Public Works Director or designee to execute the agreements on behalf of the City
APPROVED ON CONSENT CALENDAR
1.-U. ID 22-1773 Actions pertaining to Final Map of Tract No. 6201 RESOLUTION - Approving the Final Map of Tract No. 6201, and accepting dedicated public uses offered therein except for dedications offered subject to City acceptance of developer installed required improvements - located on the northeast corner of North Armstrong Avenue and East Floradora Avenue (Council District 7)
RESOLUTION 2022-271 ADOPTED
APPROVED ON CONSENT CALENDAR
1.-V. ID 22-1791
Approve a Cost Share Agreement with the Fresno Irrigation District, the City of Fresno ***Subject to Mayoral Veto Page 8
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City of Clovis, and the County of Fresno, for Consultant Services Related to Legislative Support for Big Dry Creek Reservoir Operational Changes in the amount of $ 15,000 for the time period from January 1, 2022, to December 31, 2022, with three optional one -year extensions in the amount of $15,000 per year, for a total of $60,000.
APPROVED ON CONSENT CALENDAR
1.-W. ID 22-1772 Designate alternates to serve as the City of Fresno ’s representative on the Board of Directors of the Upper Kings Basin Integrated Regional Water Management Joint Powers Authority (Citywide)
APPROVED ON CONSENT CALENDAR
1.-X. ID 22-1837 Actions pertaining to an Extraterritorial Service and Offsite Infrastructure Agreement with State Center Community College District for the First Responders Campus Project (County):
1. Resolution - Adopting findings pursuant to California Environmental Quality Act (CEQA) Guidelines Sections 15091 and 15093 as required for Responsible Agencies by CEQA Guidelines Section 15096 for the First Responders Campus Project
2. Approve an Extraterritorial Service and Offsite Infrastructure Agreement with State Center Community College District to provide for connections to the City of Fresno ’s municipal water and sewer systems
As confirmed by interim Chief Assistant City Attorney Badhesha, Councilmember Soria and President Esparza each announced their past interactions with the State Center Community College District did not create a conflict on the above item.
RESOLUTION 2022-272 ADOPTED
APPROVED ON CONSENT CALENDAR
1.-Y. ID 22-1813 Approve the Title VI Fare Equity Analysis for the Department of Transportation/Fresno Area Express (FAX) for reduced student fares.
APPROVED ON CONSENT CALENDAR
1.-Z. ID 22-1814 ***RESOLUTION - Adopting the 574th Amendment to the Master Fee Schedule Resolution No. 80-420 to Add and Adjust Various Fees in the Transportation/FAX Department. (Subject to Mayor’s Veto) RESOLUTION 2022-273 ADOPTED
APPROVED ON CONSENT CALENDAR
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1.-AA. ID 22-1701 Authorize the Department of Transportation Director or their Designee to execute revenue agreements with the State Community Center College District and California State University, Fresno, subsidizing transit fares on Fresno Area Express buses
As confirmed by interim Chief Assistant City Attorney Badhesha, Councilmember Soria and President Esparza each announced their past interactions with the State Center Community College District did not create a conflict on the above item.
APPROVED
APPROVED ON CONSENT CALENDAR
CONTESTED CONSENT CALENDAR
1.-J. ID 22-1803 Actions Pertaining to the Bureau of Justice Assistance Grant:
1. Authorize the PARCS Director or Designee to Accept $300,000 in Federal Grant Funding from the Byrne Community Project/ Byrne Discretionary Grants Program and Enter into Grant Related Agreements Subject to Review as to Form by the City Attorney (Citywide).
2. ***RESOLUTION - Adopting the 15th Amendment to the Annual Appropriation Resolution No. 2022-154 to Appropriate $100,000 From the Bureau of Justice Assistance U .S. Department of Justice . (Requires five affirmative votes) (Subject to Mayor's Veto) Councilmember Bredefeld moved this item to the Contested Consent Calendar to verify that mental health services would be provided by licensed mental heath professionals and that stipends were not a part of the Advance Peace program.
RESOLUTION 2022-168 ADOPTED
On motion of Councilmember Bredefeld, seconded by
Councilmember Chavez, that the above Action Item be APPROVED.
The motion carried by the following vote:
Aye: Esparza, Maxwell, Karbassi, Arias, Chavez and Bredefeld6 -
Absent: Soria1 -
1.-K. ID 22-1807 RESOLUTION - Authorizing City Manager or Designee to Enter into a Memorandum of Understanding (MOU) with the American Red Cross (Red Cross) and any related Facility Use Agreements for Emergency Readiness and Response Activities Including Warming Center Operations (Citywide) City of Fresno ***Subject to Mayoral Veto Page 10
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Councilmember Arias moved this item to the Contested Consent Calendar to determine if this item also applied to cooling centers and how the program would change with American Red Cross involvement.
RESOLUTION 2022-269 ADOPTED
On motion of Councilmember Arias, seconded by Councilmember Chavez, that the above Action Item be APPROVED. The motion carried by the following vote:
Aye: Esparza, Maxwell, Karbassi, Arias, Chavez and Bredefeld6 -
Absent: Soria1 -
1.-N. ID 22-1797 ***RESOLUTION - Adopting the 16th Amendment to the Annual Appropriation Resolution (AAR) No. 2022-154 appropriating $59,946,400 for Homekey Program related activities (requires 5 Affirmative Votes) (Subject to Mayor’s Veto)
Councilmember Arias moved this item to the Contested Consent Calendar to propose tabling it to allow for a sub-committee briefing from staff.
TABLED TO DECEMBER 15, 2022
On motion of Councilmember Arias, seconded by Councilmember Chavez, that the above Action Item be TABLED TO DECEMBER 15, 2022. The motion carried by the following vote:
Aye: Esparza, Maxwell, Karbassi, Arias, Chavez and Bredefeld6 -
Absent: Soria1 -
1.-P. ID 22-1802 Authorize the Chief of Police to enter into a three-year contract with two one-year extensions with The Fresno Police Chaplaincy to provide chaplain services to the Fresno Police Department in an amount not to exceed $75,000 each year ($375,000 over five years).
Councilmember Arias moved this item to the Contested Consent Calendar to ask about the non-profit status of the Fresno Police Chaplaincy as a separate entity from the City of Fresno.
APPROVED
On motion of Councilmember Arias, seconded by Councilmember Chavez, that the above Action Item be APPROVED. The motion carried by the following vote:
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Aye: Esparza, Maxwell, Karbassi, Arias, Chavez and Bredefeld6 -
Absent: Soria1 -
1.-BB. ID 22-1812 Approve At-Will Employment Agreement of City Attorney Councilmember Bredefeld moved this item to the Contested Consent Calendar to ensure additional language regarding political action committees had been included in the agreement and to ask Mr. Janz how he had been preparing for work in a municipal setting.
As read into the record during approval of the agenda, the employment agreement was updated to include the following term: [e]mployee agrees not to participate as an officer, board member, or in any other capacity in any political action committee.
APPROVED AS UPDATED
On motion of Councilmember Bredefeld, seconded by Council President Esparza, that the above Action Item be APPROVED AS UPDATED. The motion carried by the following vote:
Aye: Esparza, Maxwell, Soria, Karbassi, Arias, Chavez and Bredefeld
7 -
2. SCHEDULED COUNCIL HEARINGS AND MATTERS
10:00 A.M. #1
ID 22-1776 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. 134 (Final Tract Map No. 6325) (Northwest corner of East Clinton Avenue and North Armstrong Avenue) (Council District 7)
1. ***RESOLUTION - to Annex Territory to Community Facilities District No. 11 and Authorizing the Levy of a Special Tax for Annexation No . 134 (Subject to Mayor’s Veto)
2. ***RESOLUTION - Calling Special Mailed -Ballot Election (Subject to Mayor’s Veto)
3. ***RESOLUTION - Declaring Election Results (Subject to Mayor ’s Veto)
4. ***BILL - (For introduction and adoption) - Levying a Special Tax for the Property Tax Year 2022-2023 and Future Tax Years Within and Relating to Community Facilities District No. 11, Annexation No. 134 (Subject to Mayor’s Veto)
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The above hearing was called to order at 11:04 A.M. Upon call, there was no public comment for this item. The public comment period was closed at 11:05 A.M. There was no Council discussion.
RESOLUTION 2022-274 ADOPTED
RESOLUTION 2022-275 ADOPTED
RESOLUTION 2022-276 ADOPTED
BILL B-42 INTRODUCED / ADOPTED AS ORDINANCE 2022-042
On motion of Council President Esparza, seconded by
Councilmember Chavez, that the above Action Item be APPROVED.
The motion carried by the following vote:
Aye: Esparza, Maxwell, Soria, Karbassi, Arias, Chavez and Bredefeld
7 -
10:00 A.M. #2
ID 22-1768 HEARING to consider the vacation of a portion of the southeasterly side of North State Street between West Mission Avenue and Golden State Boulevard (Council District 1)
1. ***RESOLUTION - Ordering the vacation of a portion of the southeasterly side of North State Street between West Mission Avenue and Golden State Boulevard (Subject to Mayor’s Veto) The above hearing was called to order at 11:05 A.M. Upon call, there was no public comment for this item. The public comment period was closed at 11:06 A.M. There was no Council discussion.
RESOLUTION 2022-277 ADOPTED
On motion of Councilmember Soria, seconded by Council President Esparza, that the above Action Item be APPROVED. The motion carried by the following vote:
Aye: Esparza, Maxwell, Soria, Karbassi, Arias, Chavez and Bredefeld
7 -
10:05 A.M. #1
ID 22-1769 HEARING to consider the vacation of a portion of the North Glenn Avenue-North Blackstone Avenue Alley, between East Simpson Avenue and East Cornell Avenue (Council District 7):
1. ***RESOLUTION - Ordering the vacation of a portion of the North City of Fresno ***Subject to Mayoral Veto Page 13
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Glenn Avenue -North Blackstone Avenue Alley, between East Simpson Avenue and East Cornell Avenue (Subject to Mayor ’s Veto)
The above hearing was called to order at 11:07 A.M. Upon call, there was no public comment for this item. The public comment period was closed at 11:08 A.M. There was no Council discussion.
RESOLUTION 2022-278 ADOPTED
On motion of Council President Esparza, seconded by
Councilmember Chavez, that the above Action Item be APPROVED.
The motion carried by the following vote:
Aye: Esparza, Maxwell, Soria, Karbassi, Arias, Chavez and Bredefeld
7 -
10:05 A.M. #2
ID 22-1759 HEARING to obtain public comments regarding community needs for consideration in the development of the 2023-2024 Annual Action Plan for federal funding through the U .S. Department of Housing and Urban Development’s Office of Community Planning and Development (HUD CPD).
The above hearing was called to order at 11:08 A.M.
Upon call, the following people addressed spoke on this item: Cindy Piombino, Robert McCLooskey, Brandi Nuse-Villegas and Dez Martinez.
The public comment period was closed at 11:19 A.M.
HEARING HELD
10:10 A.M. #1
ID 22-1800 Appearance by Mary Padilla to discuss Renewing Values and Morals. (Speaker Resides in District 2)
The speaker was not present upon call at 10:54 A.M.
DID NOT APPEAR
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10:10 A.M. #2
ID 22-1790 HEARING to adopt resolutions and ordinance to establish a Community Facilities District (Community Facilities District No. 18 - Public Safety Services), future annexation area, and Authorizing the Levy of a Special Tax (T6234, southwest corner of Dakota and Hayes Avenues; T 6310, near the northwest corner of Dakota and Polk Avenues; future annexation area encompasses entire City of Fresno) (new Citywide district; projects located in District 1)
1. ***RESOLUTION - to Establish a Community Facilities District (Community Facilities District No. 18 - Public Safety Services ), future annexation area and Authorizing the Levy of a Special Tax (Subject to Mayor’s Veto)
2. ***RESOLUTION - Calling Special Mailed -Ballot Election (Subject to Mayor’s Veto)
3. ***RESOLUTION - Declaring Election Results (Subject to Mayor ’s Veto)
4. ***BILL - (For introduction and adoption) - Levying a Special Tax for the Property Tax Year 2022-2023 and Future Tax Years Within and Relating to Community Facilities District No. 18 (Subject to Mayor ’s Veto)
The above hearing was called to order at 11:19 A.M. Upon call, there was no public comment for this item. The public comment period was closed at 11:19 A.M. There was no Council discussion.
RESOLUTION 2022-279 ADOPTED
RESOLUTION 2022-280 ADOPTED
RESOLUTION 2022-281 ADOPTED
BILL B-43 INTRODUCED / ADOPTED AS ORDINANCE 2022-043
On motion of Councilmember Arias, seconded by Councilmember Chavez, that the above Action Item be APPROVED. The motion carried by the following vote:
Aye: Esparza, Maxwell, Soria, Karbassi, Arias, Chavez and Bredefeld
7 -
10:10 A.M. #3
ID 22-1703 Presentation regarding “Community Choice Energy” by Destiny Rodriquez.
The above item was presented by Destiny Rodriguez, Program Consultant for the Climate Center.
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Council discussion on this item included the criteria for potential committee members.
PRESENTED
10:10 A.M. #4
ID 22-1840 Update on State Center Community College District Projects by Chancellor Dr.
Carole Goldsmith
The above item was removed from the agenda by Councilmember Arias by Councilmember Arias and tabled to December 15, 2022.
10:15 A.M.
JOINT MEETING WITH THE FRESNO JOINT POWERS FINANCING
AUTHORITY (JPFA). MEMBERS OF JPFA BOARD: MAYOR DYER,
CHAIR BREDEFELD, COUNCILMEMBER KARBASSI
JPFA ACTION
A. ID 22-1783 HEARING to adopt Resolution designating and authorizing certain Finance Officers of the City of Fresno (“City”) to take certain actions as required for prudent financial administration and safekeeping of Fresno Joint Powers Finance Authority (“JPFA”) funds and property
The above item was discussed simultaneously with JPFA item B (ID 22-1784).
The hearing was called to order at 11:23 A.M. Upon call, there was no public comment. The public comment period was closed at 11:25 A.M.
There was no staff presentation and no discussion on this item.
RESOLUTION JPFA 54 ADOPTED
On motion of Member Dyer, seconded by Member Karbassi, the above JPFA action item was adopted. The motion PASSED by the following vote:
Aye (3): Bredefeld, Karbassi, Dyer
No (0): -
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B. ID 22-1784 HEARING to adopt Resolution designating and authorizing certain Finance Officers of the City of Fresno to deposit and withdraw funds into and out of the Local Agency Investment Fund (“LAIF”) in the custody of the State Treasurer
The above item was discussed simultaneously with JPFA item A (ID 22-1783).
The hearing was called to order at 11:23 A.M. Upon call, there was no public comment. The public comment period was closed at 11:25 A.M.
There was no staff presentation and no discussion on this item.
RESOLUTION JPFA 55 ADOPTED
On motion of Member Dyer, seconded by Member Karbassi, the above JPFA action item was adopted. The motion PASSED by the following vote:
Aye (3): Bredefeld, Karbassi, Dyer
No (0): -
CITY ACTION
C. ID 22-1785 RESOLUTION - Authorizing certain Finance Officers of the City of Fresno (“City”) to sign City checks and various investment and commercial banking documents, and to provide verbal instruction required for the prudent financial administration and safekeeping of City funds The above item was heard simultaneously with City Action item D (ID 22-1786). There was no staff presentation and no Council discussion.
Upon call, there was no public comment.
RESOLUTION 2022-282 ADOPTED
On motion of Vice President Maxwell, seconded by Councilmember Chavez, that the above Action Item be APPROVED. The motion carried by the following vote:
Aye: Esparza, Maxwell, Soria, Karbassi, Chavez and Bredefeld6 -
Absent: Arias1 -
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D. ID 22-1786 RESOLUTION - Consenting to and authorizing investment of monies in the Local Agency Investment Fund (“LAIF”) in the custody of the State Treasurer for purposes of investment, and authorizing certain Finance Officers in connection therewith
The above item was heard simultaneously with City Action item C (ID 22-1785). There was no staff presentation and no Council discussion.
Upon call, there was no public comment.
RESOLUTION 2022-283 ADOPTED
On motion of Vice President Maxwell, seconded by Councilmember Chavez, that the above Action Item be APPROVED. The motion carried by the following vote:
Aye: Esparza, Maxwell, Soria, Karbassi, Chavez and Bredefeld6 -
Absent: Arias1 -
3. GENERAL ADMINISTRATION
4. CITY COUNCIL
4.-A. ID 22-1841 ***RESOLUTION - Naming the Park Located at Dakota and Milburn Avenues “Dolores Huerta Park” (Subject to Mayor’s Veto) The above item was introduced to Council by Councilmember Soria.
Upon call, there was no public comment.
RESOLUTION 2022-284 ADOPTED
On motion of Councilmember Soria, seconded by Councilmember Chavez, that the above Action Item be APPROVED. The motion carried by the following vote:
Aye: Esparza, Maxwell, Soria, Karbassi, Arias and Chavez6 -
Absent: Bredefeld1 -
Council recessed for lunch at 11:54 A.M. and resumed in closed session at 1:43 P.M.
5. CLOSED SESSION
In open session, interim City Attorney Gonzales listed the items that would City of Fresno ***Subject to Mayoral Veto Page 18
December 1, 2022City Council Meeting Minutes
be heard in closed session. President Esparza announced a conflict with item 5-D (ID 22-1810).
5.-A. ID 22-1728
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Government Code Section 54956.9, subdivision (d)(2)
Case Name: Graves Family Trust v. City of Fresno
The above item was discussed in closed session. There were no open session announcements regarding this item.
DISCUSSED
5.-B. ID 22-1815
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Government Code Section 54956.9, subdivision (d)(1)
Case Name: Pismos of Fresno, LLC, et al. v. City of Fresno, et al. Fresno Superior Court Case No. 20CECG03646
The above item was discussed in closed session. There were no open session announcements regarding this item.
DISCUSSED
5.-C. ID 22-1816
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
The above item was discussed in closed session. There were no open session announcements regarding this item.
DISCUSSED
5.-D. ID 22-1810 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);
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People v. Nelson Esparza (F22905037)
Sponsors: Special Counsel Meyers Nave
The above item was not discussed in closed session.
NOT DISCUSSED
ADJOURNMENT
Council adjourned from closed session at 1:58 P.M. in memory of Pastor Paul McCoy
The above minutes were approved by unanimous vote of the City Council during the December 15, 2022, regular meeting with Councilmember Luis Chavez absent.
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