City Council

City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Meeting Minutes - Final City Council President - Annalisa Perea Vice President - Mike Karbassi Councilmembers: Miguel Angel Arias, Tyler Maxwell, Luis Chavez, Garry Bredefeld, Nelson Esparza City Manager - Georgeanne A. White City Attorney - Andrew Janz City Clerk - Todd Stermer, CMC Thursday, March 21, 2024 9:00 AM Council Chambers (In Person and/or Electronic) https://www.fresno.gov/cou ncil-meeting Regular Meeting The City Council met in regular session in the Council Chamber, City Hall, on the date and time above written. 9:15 A.M. ROLL CALL Present: 7 - President Annalisa Perea Vice President Mike Karbassi Councilmember Miguel Angel Arias Councilmember Tyler Maxwell Councilmember Luis Chavez Councilmember Garry Bredefeld Councilmember Nelson Esparza Invocation by Padre Nelson Serrano from St. James Episcopal Cathedral Invocation given by Padre Nelson Serrano from St. James Episcopal Cathedral. Pledge of Allegiance to the Flag Pledge of Allegiance led by Councilmember Bredefeld. APPROVE AGENDA City Clerk Stermer announced the following changes to the agenda: City of Fresno ***Subject to Mayoral Veto Page 1 City Council Meeting Minutes - Final March 21, 2024 Consent Calendar item 2-F (ID 24-264) regarding a five-year instructional services reimbursement agreement with Fresno City College - Councilmember Esparza is an employee of Fresno City College, yet pursuant to the Government Code he does not have a conflict with Consent Calendar item 2-F (ID 24-264). Consent Calendar item 2-Z (ID 24-406) regarding Bill for introduction adding Article 6 to Chapter 1 of the Fresno Municipal Code, Relating to City Attorney Subpoena Power - The following changes to Section 1-602 (c) were read into the record "The City Attorney shall notify Council of all subpoenas issued." Proclamation (ID 24-353) regarding Proclamation for Fresno Elite Trypticon and Bombshell Cheer Champions – City Manager’s Office was removed as co-sponsor. City Manager White noted for the record that she supports the Fresno Elite Trypticon and Bombshell Cheer Champions and that the Office of Mayor and City Manager was mistakenly added as a co-sponsor. Closed Session item 5-A (ID 24-388) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION-Government Code Section 54956.9, subdivision (d)(2) Significant Exposure to Litigation: 1 potential case- It should read "Government Code Section 54956.9, subdivision (d) (4)." Consent Calendar item 2-BB (ID 24-416) regarding resolution - outdoor Warming Fires to be a Health and Safety Hazard and a Public Nuisance and direct the City Manager to cause them to be extinguished - was removed by Councilmember Arias and tabled to April 4, 2024. Councilmember Bredefeld requested Consent Calendar item 2-A (ID 24-394) regarding approval of the minutes for March 7, 2024, regular meeting be corrected to reflect clarification for registering a "no" vote on Consent Calendar item 2-G (ID 24-285) item #2 related to the Fresno Economic Opportunities Commission funding for operational costs supporting the Fresno EOC's LGBTQ+ Resource Center. Additionally, Councilmember Bredefeld registered a no vote on Consent Calendar item 2-S (ID 24-401) regarding the second amendment to the Plan Review and Construction Management Services Agreement. Due to a campaign contribution he received, Councilmember Bredefeld City of Fresno ***Subject to Mayoral Veto Page 2 City Council Meeting Minutes - Final March 21, 2024 recused himself from the 9:15 am hearing (ID 24-355) to consider a Conditional Use Permit. THE FOLLOWING ITEM WERE MOVED TO CONTESTED CONSENT FOR FURTHER DISCUSSION 2-E (ID 24-328) regarding resolution adopting the 578th Amendment to the Master Fee Schedule to revise the Fireworks Administrative Citation Fees - was moved to Contested Consent by Vice President Karbassi. 2-I (ID 24-281) regarding reject all proposals received for a citywide requirements contract for elevator maintenance - was moved to Contested Consent by Vice President Karbassi. 2-Q (ID 24-306) regarding approving the Second Amendment to the Consultant Services with Dudek extending the consultants performance period - was moved to the Contested Consent by Councilmember Maxwell and Vice President Karbassi. On motion of Councilmember Maxwell, seconded by Councilmember Arias, the above agenda was ADOPTED AS AMENDED. The motion carried by the following vote: Aye: 7 - Perea, Karbassi, Arias, Maxwell, Chavez, Bredefeld and Esparza CEREMONIAL PRESENTATIONS ID 24-353 Proclamation for Fresno Elite Trypticon and Bombshell Cheer Champions PRESENTED ID 24-238 Proclamation for Special Olympics Northern California, Fresno Polar Plunge PRESENTED ID 24-402 Fresno Animal Center presents “Pet of the Month” PRESENTED COUNCILMEMBER REPORTS AND COMMENTS Councilmember Arias Reports and Comments: Acknowledged the efforts of public works for improving Traffic Safety in various areas. Acknowledged Pastor David Criner for hosting the St. Rest Baptist Church fundraising, City of Fresno ***Subject to Mayoral Veto Page 3 City Council Meeting Minutes - Final March 21, 2024 aimed at providing a food hub in West Fresno. Acknowledged the Fresno International Airport for hosting a nonprofit organization's efforts to reunite immigrant families through visitor visas. Raised concerns about communication regarding Prop 218 rate increases, advocating for equitable information access in multiple languages. Councilmember Maxwell Reports and Comments: Recognized and awarded Shawna Blair as the 2024 Woman of the Year. Announced the upcoming annual District 4 Easter egg hunt event. Councilmember Chavez Reports and Comments: Participated in the Mobile Food Fundraiser event and acknowledged everyone who came and showed support and donated to the cause for the recent individuals who passed. Councilmember Bredefeld Reports and Comments: Held a press conference with Councilmember Arias to discuss the excessive salaries and compensation packages of executives at Valley Children's Hospital. Councilmember Esparza Reports and Comments: Recognized and honored Belen Melendrez as the District 7 Woman of the Year. Participated in the Beautify Fresno event off McKinley and First. Attended a welcome reception for the new executive director of the Maddy Institute, Blake Zante, hosted by President Jimenez Sandoval. Acknowledged Eduardo Gonzalez for being accepted into UC Berkeley's public policy and international affairs fellowship program. Vice President Karbassi Reports and Comment: Participated in Read Across America at Bullard Talent, attended the Rotary Public Safety Luncheon, and recognized outstanding law enforcement members. Reported on infrastructure projects off Audubon and Del Mar, including road repaving. Congratulated Debra Bolls from District 2 for being honored as Woman of the Year. Acknowledged City Manger White for her hard work on the budget. Wished everyone a Happy Persian New Year. Council President Perea Reports and Comments: Acknowledged staff for the recent success of infrastructure project in District 1. Participated in celebrating Women's History Month at the Terrance at San Joaquin Gardens. Congratulated Debi Ruud for being honored as Woman of the Year for District 1. Acknowledged District 1 and District 2 team for the successful event of the Annual Women's Commission. Wished everyone a happy and safe Easter and reminding residents to drive safely and respect City of Fresno ***Subject to Mayoral Veto Page 4 City Council Meeting Minutes - Final March 21, 2024 speed laws. MAYOR/MANAGER REPORTS AND COMMENTS Mayor Dyer Reports and Comments: Thanked the council president and her team for organizing the Woman of the Year event. Congratulated Diane Dyer as Mayor's Woman of the Year. Participated in the groundbreaking ceremony at Mariposa Plaza in the Mariposa Mall. Announced upcoming design-build competition through a Career Technical Education program. Will be participating in a tree planting event with Councilmember Maxwell. City Manager White Reports and Comments: Distributed the following tray memos to Council: fourth-quarter report for the Economic Development Department and a multi-jurisdictional housing element. Congratulated Diane Dyer for being recognized as the Mayor's Woman of the Year. CITY CLERK AND CITY ATTORNEY REPORTS AND COMMENTS City Clerk Stermer Reports and Comments: Announced vacancies in the Council Project Review Committees, the Immigration and Resident Affairs Committee, and the Mobilehome Park Rent Stabilization Committee. Vice President Karbassi raised concerns with the Planning Commission Member's attendance. City Attorney Janz Reports and Comments: Provided legal updates regarding a ruling denying a preliminary injunction and a lawsuit against the City of Fresno regarding the naming of Caesar Chavez Boulevard. A tray memo will be provided to Council on social media laws. 1. SCHEDULED COUNCIL HEARINGS AND MATTERS 9:10 A.M. ID 24-393 Appearance by Pete Lugo & Juana Iris Meza to discuss the petition for a request for public workshop on the affordable housing component of the One Fresno Housing Plan (District 5 Resident) APPEARED 9:15 A.M. ID 24-355 Hearing to consider Conditional Use Permit Application No. P23-00835, Planned Development Permit Application No. P23-02080, and related Environmental Assessment; regarding a phased, multi-tenant commercial community development project with Starbucks Café and City of Fresno ***Subject to Mayoral Veto Page 5 City Council Meeting Minutes - Final March 21, 2024 drive-through located on approximately ± 2.98 acres of property located on the southwest corner of the intersection of South Martin Luther King Boulevard and East Church Avenue. (Council District 3) - Planning & Development Department. 1. ADOPT Environmental Assessment No. P23-00835/P23- 02080 dated January 3, 2024, an Addendum to the Southwest Fresno Specific Plan Final Program EIR (the “Program EIR”), prepared in accordance with Section 15164 of the California Environmental Quality Act (CEQA) Guidelines. 2. DENY the appeal submitted by Councilmember Arias on January 17, 2024, and UPHOLD the action of the Planning and Development Department Director approving Conditional Use Permit Application No. P23-00835 and Planned Development Permit Application No. P23-02080 authorizing the construction of a ± 5,781 square foot multi-tenant shell building with Starbucks Café with drive-thru; and full development of the site with associated parking lot, landscaping, trash enclosures, and pad for a future building to be entitled under separate permit. Councilmember Bredefeld recused himself from the above item. The above item was called to order at 11:05 am and was presented to Council by Planning Manager Siegrist. Applicant - Jim Shehadey and Sylvesta Hall. Upon call, the following members of the public addressed Council: Neutral Bob Mitchell; Support - Michaelynn Lewis; Support- Keshia Thompson; Support - Kimberly Tapscott; Support - Brad Morris, and Opposition - Lisa Flores. Public comment closed at 11:42 am. Council discussion included: Concerns about pedestrian safety and traffic congestion; existing investments and efforts to improve safety near schools; environmental conditions and pollution levels in West Fresno, and infrastructure limitations and challenges. Councilmember Arias motioned to close the public hearing and continue the matter to April 4, 2024, for the Council to review and consider comments and update recommendations. On motion of Councilmember Arias, seconded by Councilmember Maxwell, that the above Action Item be CONTINUED. The motion carried by the following vote: Aye: 5 - Perea, Karbassi, Arias, Maxwell and Esparza Absent: 1 - Chavez City of Fresno ***Subject to Mayoral Veto Page 6 City Council Meeting Minutes - Final March 21, 2024 Recused: 1 - Bredefeld 9:20 A.M. ID 24-326 HEARING to consider Rezone Application No. P23-03475, Development Permit Application No. P23-00186, and related Environmental Assessment No. P23-03475/P23-00186, pertaining to approximately 1.96 acres of property located on the north side of East Gettysburg Avenue between North First and North Second Streets (Council District 4) - Planning and Development Department. 1. ADOPT - Mitigated Negative Declaration as prepared for Environmental Assessment No. P23-03475/P23-00186, dated January 26, 2024, for the proposed project pursuant to California Environmental Quality Act (CEQA); and, 2. BILL - (for Introduction and Adoption) Amending the Official Zoning Map of the City of Fresno to rezone the subject property from the O/cz (Office/conditions of zoning) zone district to the O (Office) zone district in order to remove conditions of zoning pursuant to Article 58, Chapter 15 of the Fresno Municipal Code; and, 3. APPROVE - Development Permit Application No. P23-00186, requesting authorization to construct an approximately 11,360 square foot medical office (clinic) building and one pad for a future 5,010 square foot future medical office (clinic) building on the subject property. The above item was called to order at 11:59am and presented by Supervising Planner Holt. There was no council discussion. Upon call the following members of the public addressed Council: Bryan Pok; Brad Morris; Lisa Flores, and Lynn Owens. BILL B-7 APPROVED / ADOPTED AS ORDINANCE 2024-007 On motion of Councilmember Maxwell, seconded by Vice President Karbassi, that the above Action Item be ADOPTED. The motion carried by the following vote: Aye: 6 - Perea, Karbassi, Maxwell, Chavez, Bredefeld and Esparza Absent: 1 - Arias 9:25 A.M. ID 24-359 HEARING to receive public comment on the 2023 Housing Element and General Plan Annual Progress Reports City of Fresno ***Subject to Mayoral Veto Page 7 City Council Meeting Minutes - Final March 21, 2024 The above item was called to order at 1:36 pm. and presented to Council by Planner Manager Pagoulatos. Upon call, the following members of the public addressed Council: Jasmine Robinson; Brandi Nuse-Villegas; Luisana Ayers; Bob McCloskey, and Lynn Owens. Public comment period closed at 1:58 pm. Council discussion included: Housing planning; resource allocation; compliance with state requirements, and strategies for addressing housing needs. On motion of Vice President Karbassi, seconded by Councilmember Bredefeld, that the above Action Item be APPROVED. The motion carried by the following vote: Aye: 6 - Perea, Karbassi, Maxwell, Chavez, Bredefeld and Esparza No: 1 - Arias 2. CONSENT CALENDAR Upon call, there was no public comment. APPROVAL OF THE CONSENT CALENDAR On motion of Vice President Karbassi, seconded by Councilmember Bredefeld, the CONSENT CALENDAR was hereby adopted by the following vote: Aye: 6 - Perea, Karbassi, Arias, Maxwell, Bredefeld and Esparza Absent: 1 - Chavez 2.-A. ID 24-394 Approval of the minutes for March 7, 2024, regular meeting and approval of the minutes for March 7, 2024, special meeting Councilmember Bredefeld requested the minutes for March 7, 2024, regular meeting be corrected to reflect clarification for registering a "no" vote on Consent Calendar item 2-G (ID 24-285) item #2 related to the Fresno Economic Opportunities Commission funding for operational costs supporting the Fresno EOC's LGBTQ+ Resource Center. APPROVED AS AMENDED APPROVED ON THE CONSENT CALENDAR 2.-B. ID 24-375 Actions pertaining to the Litigation Unit in the City Attorney’s Office: 1. ***RESOLUTION - Adopt the 7th Amendment to the Position City of Fresno ***Subject to Mayoral Veto Page 8 City Council Meeting Minutes - Final March 21, 2024 Authorization Resolution (“PAR”) No. 2023-184, adding one full-time Paralegal position in the City Attorney’s Office (Subject to Mayor’s Veto). RESOLUTION 2024-059 ADOPTED APPROVED ON THE CONSENT CALENDAR 2.-C. ID 24-379 Approve the appointment of Reynaldo Villarreal to the Disability Advisory Commission to a term ending June 30, 2024. Approve the reappointment of David Criner to the Planning Commission to a term ending June 30, 2027. APPROVED ON THE CONSENT CALENDAR 2.-D. ID 24-389 Actions pertaining to the First Amendment to the Consultant Services Agreement with HdL Companies for Sales and Use Tax auditing, Information services, Quarterly sales tax reporting and Revenue projection analysis (Forecasting) and auditing sales tax records: 1. Approve the First Amendment to the Consultant Services Agreement with HdL Companies for Sales and Use Tax auditing, Information services, Quarterly sales tax reporting and Revenue projection analysis (Forecasting) and auditing sales tax records; 2. Authorize the City Manager, or designee, to sign the First Amendment to the Consultant Services Agreement with HdL Companies on behalf of the City. APPROVED ON THE CONSENT CALENDAR 2.-F. ID 24-264 Authorize the Fire Chief to enter into a five-year instructional services reimbursement agreement with Fresno City College to collect state monetary reimbursement for City instructional training costs The following was read into the record - Councilmember Esparza is an employee of Fresno City College, yet pursuant to the Government Code he does not have a conflict with the above item. APPROVED ON THE CONSENT CALENDAR 2.-G. ID 24-383 Actions pertaining to American Rescue Plan Act (ARPA) funding: 1. Approve an agreement with Fresno Police Neighborhood Watch (FPNW) allocating $100,000 in ARPA funding for operational costs to enhance capacity, training and general operations for the Neighborhood Watch program. APPROVED ON THE CONSENT CALENDAR 2.-H. ID 24-324 Approve the award of a citywide requirements contract to Pacific Storage Company of Fresno, California for two years with three optional City of Fresno ***Subject to Mayoral Veto Page 9 City Council Meeting Minutes - Final March 21, 2024 one-year extensions for document storage and shredding services in an amount not to exceed $125,000 per year plus annual CPI increases (Bid File 9668) APPROVED ON THE CONSENT CALENDAR 2.-J. ID 24-347 Approve a Consultant Services Agreement with Yao Engineering, Inc. of Pasadena, California, for the design of Fresno-Clovis Regional Wastewater Reclamation Facility Duct Bank at Primary Sludge Pump Station #1 in the amount of $59,135, with a $15,000 contingency (Council District 3) APPROVED ON THE CONSENT CALENDAR 2.-K. ID 24-365 Actions pertaining to the Roof Membrane Replacement at the Fresno-Clovis Regional Wastewater Reclamation Facility Warehouse and Maintenance Building and Digester-13 Heating and Mixing Building (Bid File 12401198) (Council District 3): 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 Nations Roof West, LLC, of Fresno, California, in the amount of $324,889. APPROVED ON THE CONSENT CALENDAR 2.-L. ID 24-270 Approve a consultant services agreement with Pcubed Associates Inc . of Buena Park, California, for the design of the Replacement of One Makeup Air Unit and Two Air Handling Units in the Headworks Building at the Fresno-Clovis Regional Wastewater Reclamation Facility in the amount of $128,195, with a $15,000 contingency. (Council District 3) APPROVED ON THE CONSENT CALENDAR 2.-M. ID 24-345 RESOLUTION - A Resolution of the Council of the City of Fresno, California granting authority to the City Manager or designee to execute Uniform Relocation Act Rental Assistance Program packages for the tenants being relocated as a result of the Blackstone McKinley BNSF Grade Separation Project. (Council Districts 1 and 7) RESOLUTION 2024-061 ADOPTED APPROVED ON THE CONSENT CALENDAR 2.-N. ID 24-354 Approve the Agreement for Purchase and Sale of Real Property and Escrow Instructions to acquire fee interest from a portion of Assessor ’s Parcel Number 477-040-58 for a total cost of $32,000 for the Southwest Fresno Trail Project. (Council District 3) APPROVED ON THE CONSENT CALENDAR City of Fresno ***Subject to Mayoral Veto Page 10 City Council Meeting Minutes - Final March 21, 2024 2.-O. ID 24-369 Approve the Second Amendment to the Professional Engineering Services Agreement with Community Works Design Group of Riverside, California, in the amount of $21,860, increasing the total contract amount to $761,500, with a remaining contingency of $50, due to an increased scope of services for the Dolores Huerta Park (formerly Milburn and Dakota Park) Project. (Council District 1) APPROVED ON THE CONSENT CALENDAR 2.-P. ID 24-331 RESOLUTION - Of Intention to Annex the Territory Known as Assessor’s Parcel Number 329-090-19 as Annexation Number 57 to the City of Fresno Community Facilities District Number 9 and to Authorize the Levy of Special Taxes; and setting the Public Hearing for Thursday, May 2, 2024, at 9:30 am (Southwest corner of East North Avenue and South East Avenue) (Council District 3) RESOLUTION 2024-062 ADOPTED APPROVED ON THE CONSENT CALENDAR 2.-R. ID 24-360 RESOLUTION - Of Intention to Annex Final Parcel Map Number 2004-36 as Annexation Number 59 to the City of Fresno Community Facilities District Number 9 and to Authorize the Levy of Special Taxes; and setting the Public Hearing for Thursday, April 18, 2024, at 10:00 am (East Belmont Avenue and North Laverne Avenue). (Council District 5) RESOLUTION 2024-063 ADOPTED APPROVED ON THE CONSENT CALENDAR 2.-S. ID 24-401 Approve the Second Amendment to the Plan Review and Construction Management Services Agreement, to extend the term of the agreement by three months from March 31, 2024 to June 30, 2024, with Tutor Perini/Zachry/Parsons, a Joint Venture. (Council Districts 1, 2 and 3) Councilmember Bredefeld registered a no vote on the above item. The above item was approved and the motion carried by the following vote: Ayes (5) - Perea, Karbassi, Arias, Maxwell, Esparza No (1): Bredefeld Absent (1): Chavez APPROVED ON THE CONSENT CALENDAR 2.-T. ID 24-346 Approve a consultant services agreement with Partners in Control Inc ., dba Enterprise Automation, for a total amount not to exceed $450,000 to provide on-call Supervisory Control and Data Acquisition support services for a three-year period. (Bid File 12401128) (Citywide) City of Fresno ***Subject to Mayoral Veto Page 11 City Council Meeting Minutes - Final March 21, 2024 APPROVED ON THE CONSENT CALENDAR 2.-U. ID 24-378 ***RESOLUTION - Adopt the 43rd Amendment to the Annual Appropriation Resolution No. 2023-185 appropriating $50,000 for the Department of Resources Recycling and Recovery 2023-2024 Household Hazardous Waste Discretionary Grant Agreement in the Solid Waste Management Division of Public Utilities. (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto) (Citywide) RESOLUTION 2024-064 ADOPTED APPROVED ON THE CONSENT CALENDAR 2.-V. ID 24-386 Actions pertaining to an Extraterritorial Service and Offsite Infrastructure Agreement between Sandra R. Deazevedo and David M. Lantis and the City of Fresno (City of Fresno Sphere of Influence and County of Fresno): 1. Adopt a finding of Categorical Exemption pursuant to California Environmental Quality Act Guidelines section 15301(c)/Class 1, 2. Approve an Extraterritorial Service and Offsite Infrastructure Agreement between Sandra R. Deazevedo and David M. Lantis and the City of Fresno. APPROVED ON THE CONSENT CALENDAR 2.-W. ID 24-371 Actions pertaining to the Supplemental Law Enforcement Services Account (SLESA) Grant program and Acquisition of new Military Equipment as required by Government Code sections 7070-7075: 1. ***RESOLUTION - Adopt the 47th Amendment to the Annual Appropriations Resolution (AAR) No. 2023-185 appropriating $1,400,000 in the Supplemental Law Enforcement Services Account (SLESA) to continue supporting front line law enforcement operations in FY 2024 (Requires 5 Affirmative Votes)(Subject to Mayor’s Veto) 2. Approve the acquisition of several new pieces of military equipment as required by Government Code sections 7070-7075 in an amount not to exceed $279,000, to enhance the safety of officers and the community and authorize the Chief of Police or designee to execute all related and necessary documents. RESOLUTION 2024-065 ADOPTED APPROVED ON THE CONSENT CALENDAR 2.-X. ID 24-384 ***BILL B-4 (Intro’d March 7, 2024)(For Adoption) - Amending Section 4304 of Chapter 15 of the Fresno Municipal Code relating to the language of the required findings for approval of tentative map amendments from “and” to “or.” (Subject to Mayor’s Veto) City of Fresno ***Subject to Mayoral Veto Page 12 City Council Meeting Minutes - Final March 21, 2024 ORDINANCE 2024-008 ADOPTED APPROVED ON THE CONSENT CALENDAR 2.-Y. ID 24-267 Approve a one year agreement with Computer Sciences Corporation (CSC) for the renewal of Assure Claims, MEASA (formerly known as RiskMaster) in the amount of $27,698 for licensing and support services. APPROVED ON THE CONSENT CALENDAR 2.-Z. ID 24-406 BILL (for introduction) - Adding Article 6 to Chapter 1 of the Fresno Municipal Code, Relating to City Attorney Subpoena Power The following changes to Section 1-602 (c) were read into the record "The City Attorney shall notify Council of all subpoenas issued. BILL B-8 APPROVED AS AMENDED, INTRODUCED AND LAID OVER APPROVED ON THE CONSENT CALENDAR 2.-AA. ID 24-363 Approve the Appointment of Edna Pedroza to the Active Transportation Advisory Committee (ATAC) for a three year term ending March 21, 2027. APPROVED ON THE CONSENT CALENDAR 2.-BB. ID 24-416 ***Resolution - Declaring Outdoor Warming Fires to be a Health and Safety Hazard and a Public Nuisance and Direct the City Manager to Cause Them to be Extinguished (Subject to Mayor’s Veto). The above item was removed from the agenda by Councilmember Arias and tabled to April 4, 2024. TABLED CONTESTED CONSENT CALENDAR 2.-E. ID 24-328 ***RESOLUTION - Adopting the 578th Amendment to the Master Fee Schedule Resolution No. 80-420 to revise the Fireworks Administrative Citation Fees in Compliance with FMC 10-55602.11 (Subject to Mayor’s Veto) Vice President Karbassi moved the above item to Contested Consent to approve the item as written and bring back to the Council new language to modify the ordinance to extend the window beyond 12 months. This adjustment aims to address the issues of repeated offender by implementing progressively higher fines for frequent violations, such as those occurring annually on July 4th. City of Fresno ***Subject to Mayoral Veto Page 13 City Council Meeting Minutes - Final March 21, 2024 RESOLUTION 2024-060 ADOPTED On motion of Vice President Karbassi, seconded by Councilmember Bredefeld, that the above Action Item be ADOPTED. The motion carried by the following vote: Aye: 6 - Perea, Karbassi, Arias, Maxwell, Bredefeld and Esparza Absent: 1 - Chavez 2.-I. ID 24-281 Reject all proposals received for a citywide requirements contract for elevator maintenance and repair services at various City locations (Bid File 9618) Vice President Karbassi moved the above item to Contested Consent, however questions were answered by City Manager White. Councilmember Arias inquired about the repairing of the City Hall elevators. APPROVED On motion of Vice President Karbassi, seconded by Councilmember Bredefeld, that the above Action Item be APPROVED. The motion carried by the following vote: Aye: 6 - Perea, Karbassi, Arias, Maxwell, Bredefeld and Esparza Absent: 1 - Chavez 2.-Q. ID 24-306 Approve the Second Amendment to the Consultant Services Agreement with Dudek extending the consultants performance period by three months to June 30, 2024, to continue professional services related to the development of the Urban Forest Management Plan. (Citywide) Councilmember Maxwell moved the above item to Contested Consent to discuss the scope of services for the contract and the reason for the contract extension and the delay in the project. APPROVED On motion of Councilmember Maxwell, seconded by Vice President Karbassi, that the above Action Item be APPROVED. The motion carried by the following vote: Aye: 6 - Perea, Karbassi, Arias, Maxwell, Bredefeld and Esparza Absent: 1 - Chavez 3. GENERAL ADMINISTRATION City of Fresno ***Subject to Mayoral Veto Page 14 City Council Meeting Minutes - Final March 21, 2024 3.-A. ID 24-373 WORKSHOP - 5-Year Budget Forecast The above workshop was presented to Council by Mayor Dyer. Council discussion on this item included: Cannabis generated revenue; a request on the data for the longest length of delinquency and a memo on utilities delinquent accounts; traffic safety and motor unit staffing; City reserve; property tax prediction and revenue; Transient Occupancy Tax (TOT) collections; vacancies in city departments; PG&E rate increase; explore using ARPA funds for solar energy investment and protection against potential PG&E rate increases; water rate collections; borrowing to offset the budget; Chandler Airport contribution; reductions in staff and frozen funds, and the purchase of a new holicopter. Council directed the administration to return the swept funds to the Office of the City Clerk in the amount of $83,000 and to the City Attorney’s Office in the amount of $1.9 million. PRESENTED 3.-B. ID 24-295 WORKSHOP - Comprehensive Economic Development Strategy The above workshop was presented to Council by Vicki Doll with Chabin Concepts. Upon call, there was no council discussion. PRESENTED UNSCHEDULED COMMUNICATION Upon call, the following members of the public addressed Council: Eddie Cannel; Desiree Ledezma; Lynn Owens, and Krystal Pothier. 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 10:08 am and returned from Closed Session at 10:55 am. 5.-A. ID 24-388 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Government Code Section 54956.9, subdivision (d)(2): 1 potential case City of Fresno ***Subject to Mayoral Veto Page 15 City Council Meeting Minutes - Final March 21, 2024 There was a correction read into the record: Government Code Section 54956.9, subdivision should read "(d)(4)." City Attorney Janz reported out the following direction was to initiate litigation against the County of Fresno regarding the County's General Plan update and the final EIR has been given. The vote carried by the following: Ayes (4): Arias, Chavez, Bredefeld, Esparza No (3): Perea, Karbassi, Maxwell 5.-B. ID 24-403 PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code Section 54957(b): consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee. Title: City Attorney The above item was discussed in closed session. There were no open session announcements regarding this item. DISCUSSED ADJOURNMENT City Council adjourned from the regular session at 4:40 pm. The above minutes were approved by unanimous vote of the City Council during the April 4, 2024, regular meeting. City of Fresno ***Subject to Mayoral Veto Page 16