2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
City of Fresno
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
9:00 AM Council Chambers (In
Person and/or Electronic)
Thursday, November 2, 2023
Regular Meeting
The City Council met in regular session in the Council Chamber, City Hall, on the date and time above written.
9:14 A.M. ROLL CALL
Councilmember Nelson Esparza
Council President Tyler Maxwell
Vice President Annalisa Perea
Councilmember Mike Karbassi
Councilmember Miguel Angel Arias
Councilmember Luis Chavez
Councilmember Garry Bredefeld
Present: 7 -
Invocation by Senior Pastor, DJ Criner from Saint Rest Baptist Church Senior Pastor, DJ Criner gave 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:
There was a special meeting notice posted for November 2, 2023, 9:00 a.m.
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November 2, 2023City Council Meeting Minutes - Final
or thereafter for Closed Session A (ID 23-1620) regarding Conference with Legal Counsel – Anticipated Litigation regarding Letter on behalf of Lance-Kashian Company.
THE FOLLOWING CONSENT CALENDAR ITEMS WERE MOVED TO
CONTESTED CONSENT FOR FURTHER DISCUSSION:
1-B (ID 23-1554) regarding the Measure P Expanded Access to Arts and Culture Grant guidelines.- was moved to contested consent by Council President Maxwell and Councilmember Arias.
1-E (ID 23-1530) regarding an agreement for professional architectural engineering services with NJA Architecture - was moved to contested consent by Councilmember Arias.
1-I (ID 23-1559) regarding the first amendment to a service contract with Holloway Environmental Solutions, LLC.- was moved to contested consent by Councilmember Arias.
1-J ( ID 23-1543) regarding 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 - was moved to contested consent by Councilmember Arias.
THE FOLLOWING ITEMS WERE BEEN REMOVED FROM THE AGENDA
Consent Calendar item 1-D (ID 23-1425) regarding the HOME Investment Partnerships Program, Community Housing Development Organization Agreement with Habitat for Humanity Fresno County, Inc. – was removed from the agenda by staff and tabled to November 16, 2023.
Consent Calendar item 1-O (ID 23-1607) regarding resolution directing the City Manager or Designee to notify the Council of any delays to existing citywide and district projects caused by new Public Works or Capital Projects, Acceptance of Grant Funds for the reprogramming of funds – was removed from the agenda by Council President Maxwell and tabled to City of Fresno ***Subject to Mayoral Veto Page 2
November 2, 2023City Council Meeting Minutes - Final
November 16, 2023.
On motion of Councilmember Arias, seconded by Councilmember Esparza, the above agenda was APPROVED AS AMENDED. The motion carried by the following vote:
Aye: Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld
7 -
CEREMONIAL PRESENTATIONS
ID 23-1608 Celebrating EPU’s Gala of Light Honorees
PRESENTED
ID 23-1593 Proclamation for “Poverello House 50th Anniversary”
PRESENTED
ID 23-1582 Proclamation for “World Day of Remembrance”
PRESENTED
ID 23-1517 Proclamation for “Honoring Sikh Heritage Month”
PRESENTED
ID 23-1520 National Animal Shelter Appreciation Week
PRESENTED
COUNCILMEMBER REPORTS AND COMMENTS
Councilmember Karbassi Reports and Comments: Wished everyone a Happy Halloween and announced there was a “Trunk or Treat” event at Gibson Elementary and a Haunted House event at Pinedale Community Center. Attended the International Transportation Innovations Summit PEDAL event held at the Convention Center. Congratulated Fresno Teachers Association on their negotiations. Announced the upcoming second annual California Pickleball Classic and registration.
Councilmember Arias Reports and Comments: Announced upcoming bike and helmet giveaway in Tower District. Acknowledged PARCS staff for the resurfacing of tennis courts at Roading Park. Acknowledged Public Works staff for the street resurfacing and reconstruction including area in the Van City of Fresno ***Subject to Mayoral Veto Page 3
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Ness, Olive, and Blackstone area. Invited everyone to attend Saturday's Día de Muertos event. Discussed his concerns with outdoor fires on Santa Clara Street in front of Poverello.
Councilmember Chavez Reports and Comments: Acknowledged staff for attending the park/community garden project in the Jackson / Huntington neighborhood. Acknowledged those who provided assistance in the Roosevelt incident and acknowledged Dr. Jack who volunteered dental work for the injured children. Acknowledged Public Works staff for the completion of street projects from Cedar to Sixth Street, complete with sidewalks, bike lanes, pedestrian paths, lighting, and improved bus stops. Attended Roselyn 'Roz' Clark’s Services and thanked those who coordinated the service.
Councilmember Esparza Reports and Comments: Acknowledged staff for a successful “Trunk or Treat” event at Manchester Center. Attended the Taco Truck Throwdown. Acknowledged the Public Works department for the Fresno / Clinton repaving. Attended the Trinity Development Center Ribbon Cutting ceremony.
Vice President Perea Reports and Comments: Attended the ribbon-cutting for Cen Cal Sports for their kickoff of the Palm and Shields Little League.
Participated and co-hosted the Domestic Violence Committee Hearing with Assembly Member Blanca Rubio. Celebrated two district 1 centenarians, Aldina Lehman, 100 years old and Mary Tanaka, 101 years old. Partnered with District 3 on the bike and helmet Giveaway.
Council President Maxwell Reports and Comments: Acknowledged those who attended the third annual Fall Fest. Discussed the upcoming Senior Center Preliminary Designs. Invited those interested in viewing and adding their input into the preliminary designs to attend this coming Tuesday.
MAYOR/MANAGER REPORTS AND COMMENTS
City Manager White Reports and Comments: Acknowledged Ros Clark and her Funeral Services. Announced the third quarter Economic Development report was released by the Economic Development Department and noted that the department is making significant progress. Discussed the delinquent utility billing accounts.
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CITY CLERK AND CITY ATTORNEY REPORTS AND COMMENTS
Assistant City Clerk Parra Reports and Comments: Announced the City Council meeting now offer American Sign Language (ASL) services through Zoom.
UNSCHEDULED COMMUNICATION
The following members of the public addressed Council: Jaidaa Hussein; Camille Russell; Raneem Al-Almed; Hugo Morales (1-B); Linda Merson; Samai Munoz; Layla; Yasir Amirech; Brandi Nuse-Villegas; Yusuf Robinson; Hanan Elmasry; Rex Hime (10:00 a.m.); Kim Sands; David Willis; Raymond Juarez; Faisal Elhadad; Steven Diddy; Jermaine; Haya Qutob; Moses Khan; Lisa Flores; Robert McCloskey; Salam Alloh; Deep Singh; Shoukat Khan; Amber Kausin; Sohaib Qadri, and Israa Qutob.
ID 23-1650 Public Comment
1. CONSENT CALENDAR
APPROVAL OF THE CONSENT CALENDAR
On motion of Councilmember Karbassi, seconded by Councilmember Esparza, the CONSENT CALENDAR was hereby adopted by the following vote:
Aye: Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld
7 -
1.-A. ID 23-1574 Approval of Minutes for October 19, 2023, Regular Meeting
APPROVED ON THE CONSENT CALENDAR
1.-C. ID 23-1592 ***RESOLUTION - Adopting the Sixth Amendment to Fiscal Year 2024 Salary Resolution No. 2023-183, amending Exhibit 14, Unit 14, Management Classes (CFMEA) by adding the new classification and providing a monthly salary step plan range for Clinic Manager, effective November 6, 2023 (Subject to Mayor’s Veto).
RESOLUTION 2023-288 ADOPTED
APPROVED ON THE CONSENT CALENDAR
1.-D. ID 23-1425 Approve a $ 253,673 HOME Investment Partnerships Program, Community Housing Development Organization Agreement with Habitat for Humanity City of Fresno ***Subject to Mayoral Veto Page 5
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Fresno County, Inc ., for the construction of a single -family house at 64 E.
Atchison Street in southwest Fresno (Council District 3).
The above item was removed from the agenda and table to November 16, 2023.
TABLED
1.-F. ID 23-1472 Actions pertaining to the Concrete Liner Installation at the Northeast Surface Water Treatment Facility Sludge Drying Beds 1 and 2 (Bid File 12400215) (Council District 6):
1. Adopt a finding of Categorical Exemption pursuant to Sections 15301/Class 1 and 15302/Class 2 of the California Environmental Quality Act (CEQA) Guidelines
2. Award a construction contract to Unified Field Services Corporation of Bakersfield, California, in the amount of $3,533,654
APPROVED ON THE CONSENT CALENDAR
1.-G. ID 23-1518 Approve the First Amendment to Service Contract with Partners in Control Inc., dba Enterprise Automation, to increase the value of the Service Contract by $ 97,754, for a revised fee of $ 247,673, to complete operational programming at Pump Station 117 (Fresno County island near Council Districts 4 and 6).
APPROVED ON THE CONSENT CALENDAR
1.-H. ID 23-1539 Reject the bid for the Bridge Preventive Maintenance Program Phase II Project at Various Locations - Bid File Number 12400024 (Council District 4 and 7)
APPROVED ON THE CONSENT CALENDAR
1.-K. ID 23-1545 ***RESOLUTION- Authorizing the submission of grant applications to California Air Resource Board (CARB) Sustainable Transportation Equity Project (STEP) Grant Program for Environmental Justice and Transportation Equity in West Fresno Projects totaling up to $ 12 million in requests of grant application funding and authorizing the execution of grant application and accepting the grant and completing grant agreement documents by the Department of Transportation Director or Designee (s). (Subject to Mayor’s Veto).
RESOLUTION 2023-289 ADOPTED
APPROVED ON THE CONSENT CALENDAR
1.-L. ID 23-1586 Approve the reappointment of Dr. Carole Goldsmith to the Regional City of Fresno ***Subject to Mayoral Veto Page 6
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Workforce Development Board for a term ending November 1, 2025.
APPROVED ON THE CONSENT CALENDAR
1.-M. ID 23-1588 Resolution renaming the Roeding Dog Park Run to “Puppy Love” Dog Park RESOLUTION 2023-290 ADOPTED
APPROVED ON THE CONSENT CALENDAR
1.-N. ID 23-1589 ***RESOLUTION - Establishing the City of Fresno CHIPS Incentive Program (Subject to Mayor’s Veto)
RESOLUTION 2023-291 ADOPTED
APPROVED ON THE CONSENT CALENDAR
1.-O. ID 23-1607 ***Resolution - Directing the City Manager or Designee to Notify the Council of Any Delays to Existing Citywide and District Projects Caused by New Public Works or Capital Projects, Acceptance of Grant Funds or the Reprograming of Funds (Subject to Mayor’s Veto)
The above item was removed from the agenda and table to November 16, 2023.
TABLED
CONTESTED CONSENT CALENDAR
1.-B. ID 23-1554 RESOLUTION - Adopting the Measure P Expanded Access to Arts and Culture Grant guidelines.
Councilmember Arias moved this item to Contested Consent to request the matter be continued to November 16, 2023.
TABLED
On motion of Councilmember Arias, seconded by Councilmember Esparza, that the above Action Item be TABLED to November 16, 2023.
The motion carried by the following vote:
Aye: Esparza, Perea, Karbassi, Arias, Chavez and Bredefeld6 -
Absent: Maxwell1 -
1.-E. ID 23-1530 Approve an agreement for professional architectural engineering services with NJA Architecture, of Lodi, CA for $ 1,072,670, with an $ 80,000 City of Fresno ***Subject to Mayoral Veto Page 7
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contingency, for community outreach, infrastructure assessment, master planning, and schematic development services for the West Fresno Community Centers Rehabilitation Planning Project (Council District 3).
Councilmember Arias moved this item to Contested Consent to discuss using Measure P funds for community center renovations and addresses concerns about the impact on warming centers during the winter.
APPROVED
On motion of Councilmember Arias, seconded by Councilmember Esparza, that the above Action Item be APPROVED. The motion carried by the following vote:
Aye: Esparza, Perea, Karbassi, Arias, Chavez and Bredefeld6 -
Absent: Maxwell1 -
1.-I. ID 23-1559 Approve a first amendment to a service contract with Holloway Environmental Solutions, LLC ., to increase the contract not -to-exceed amount for Biosolids reuse and disposal services in the amount of $2,826,866.69, for a total contract value of $ 9,198,866.69 (Bid File No . 9468) (Citywide)
Councilmember Arias moved this item to Contested Consent to discuss the contract increase, why the proposed increase is only for one of the two vendors, and preparing for an RFP for new contractors.
APPROVED
On motion of Councilmember Arias, seconded by Councilmember Bredefeld, that the above Action Item be APPROVED. The motion carried by the following vote:
Aye: Esparza, Perea, Karbassi, Arias, Chavez and Bredefeld6 -
Absent: Maxwell1 -
1.-J. ID 23-1543 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).
Councilmember Arias moved this item to Contested Consent to discuss speed limits on various streets in the city.
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Council discussion on this item included: Acknowledgement of Public Works Department and Assistant Director Gormley for their recent awards; the request of speed reduction in neighborhoods for safety, and the state's process for setting speed limits.
BILL B-34 APPROVED, INTRODUCED AND LAID OVER
On motion of Councilmember Arias, seconded by Councilmember Karbassi, that the above Action Item be APPROVED. The motion carried by the following vote:
Aye: Esparza, Perea, Karbassi, Arias, Chavez and Bredefeld6 -
Absent: Maxwell1 -
2. SCHEDULED COUNCIL HEARINGS AND MATTERS
10:00 A.M.
ID 23-1506 HEARING to consider Environmental Assessment No. P22-04122 pertaining to approximately 8.0 acres of property located on the east side of North Abby Street, between East Minarets /East Alluvial and East Spruce Avenues (Council District 6) - Planning & Development Department.
1. DENY the appeal and ADOPT Environmental Assessment P 22- 04122, dated May 5, 2023, a Mitigated Negative Declaration for the proposed project pursuant to California Environmental Quality Act (CEQA) Guidelines.
The above hearing was called to order at 11:36 a.m. and was introduced to Council by Supervising Planner Holt, Applicant Brian Saltikov, and Appellant Victoria Yundt. Upon call, there was no public comment. The public comment period closed at 11:51 a.m.
Council discussion on this item included: the council's role in permitting the project following a CEQA appeal. If the CEQA appeal is denied, and whether the council can approve the project later.
APPROVED STAFF RECOMMENDATION
On motion of Councilmember Bredefeld, seconded by
Councilmember Esparza, that the above Action Item be APPROVED.
The motion carried by the following vote:
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Aye: Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld
7 -
10:05 A.M.
ID 23-1594 Appearance by Camilla Sutherland to discuss Roading Park resurface of the tennis courts start date. (District 3 Resident)
Upon call, Camilla Sutherland did not appear.
3. GENERAL ADMINISTRATION
4. CITY COUNCIL
5. CLOSED SESSION
During open session, City Attorney Janz announced the items that would be discussed in closed session.
Council withdrew to closed session at 2:02 p.m.
5.-A. ID 23-1489
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Government Code Section 54956.9, subdivision (d)(1)
Case Name: Leonard Lujan v. City of Fresno, PSI, Admin by Tristar Risk Management; Tristar Claim No.: 1010103818-ADR-1
The above item was discussed in closed session. There were no open session announcements regarding this item.
DISCUSSED
5.-B. ID 23-1510
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Government Code Section 54956.9, subdivision (d)(1)
Case Name: Michael Brogdon v. City of Fresno, PSI, Admin by Tristar Risk Management; Tristar Claim No.: 1010104473-ADR-1
The above item was discussed in closed session. There were no open session announcements regarding this item.
DISCUSSED
5.-C. ID 23-1513
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
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Government Code Section 54956.9, subdivision (d)(4): 1 potential case The above item was discussed in closed session. There were no open session announcements regarding this item.
DISCUSSED
5.-D. ID 23-1488
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Government Code Section 54956.9, subdivision (d)(4): 1 potential case The above item was discussed in closed session. There were no open session announcements regarding this item.
DISCUSSED
5.-E. ID 23-1601 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Government Code Section 54956.9, subdivision (d)(4): 1 potential case The above item was discussed in closed session. There were no open session announcements regarding this item.
DISCUSSED
5.-F. ID 23-1603 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Government Code Section 54956.9, subdivision (d)(2): 2 potential cases The above item was discussed in closed session. There were no open session announcements regarding this item.
DISCUSSED
ADJOURNMENT
City Council adjourned from the Special Closed Session at 3:44 p.m.
The above minutes were approved by unanimous vote of the City Council during the November 16, 2023, regular meeting.
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