City Council
Regular MeetingFresno, CA · April 4, 2024
Minutes
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, April 4, 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.
9:04 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 Pastor Eli Loera from Family Christian Assembly
Invocation led by Pastor Eli Loera from Family Christian Assembly.
Pledge of Allegiance to the Flag
Pledge of Allegiance led by Councilmember Bredefeld.
APPROVE AGENDA
Assistant City Clerk Parra announced the following changes to the agenda:
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Consent Calendar item 2-G (ID 24-429) 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 does not have a conflict with item 2-G.
Consent Calendar item 2-O (ID 24-444) regarding Resolution Declaring
Outdoor Warming Fires to be a Health and Safety Hazard - was removed
from the agenda by Councilmember Arias and tabled to April 18, 2024.
Councilmember Bredefeld registered a no vote on Consent Calendar item
2-K (ID 24-370) regarding Bill for introduction adding Article 35 to Chapter 9
of the Fresno Municipal Code, relating to Naloxone.
Due to a campaign contribution he received, Councilmember Bredefeld
recused himself from the 9:15 am hearing (ID 24-442) to consider a
Conditional Use Permit.
THE FOLLOWING ITEMS WERE MOVED TO CONTESTED CONSENT
FOR FURTHER DISCUSSION:
2-C (ID 24-376) regarding Submission and Acceptance of the City of Fresno
Annual Comprehensive Financial Report (ACFR) - was moved to contested
consent by Councilmember Arias.
2-D (ID 24-434) regarding the Spiral Parking Garage 7 High Priority Repairs
project - was moved to contested consent by Councilmember Arias.
2-H (ID 24-162) regarding the homeless mobile shower operations - was
moved to contested consent by Councilmember Arias.
2-I (ID 24-425) regarding Resolution Repealing Resolution No. 2024-052 -
was moved to contested consent by Councilmember Arias.
2-K (ID 24-370) regarding Bill for introduction adding Article 35 to Chapter 9
of the Fresno Municipal Code, relating to Naloxone - was moved to
contested consent by Council President Perea.
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2-N (ID 24-474) regarding Resolution to Immediately Suspending Funding
for and Requesting the City Manager to Investigate the Street Outreach
Training Services Agreement - was moved to contested consent by Vice
President Karbassi.
On motion of Councilmember Arias, seconded by Vice President
Karbassi, that the above be ADOPTED AS AMENDED. The motion
carried by the following vote:
Aye: 7 - Perea, Karbassi, Arias, Maxwell, Chavez, Bredefeld and
Esparza
CEREMONIAL PRESENTATIONS
ID 24-395 Proclamation for "Fair Housing Month"
PRESENTED
ID 24-419 Proclamation for "Black Maternal Health Week"
PRESENTED
ID 24-435 Proclamation for “Sexual Assault Awareness Month”
PRESENTED
ID 24-239 Proclamation for “National Crime Victims’ Right Week”
PRESENTED
COUNCILMEMBER REPORTS AND COMMENTS
Councilmember Arias Reports and Comments: Announced the upcoming
April 2024 Budget Neighborhood Meetings in District 3. Acknowledged the
PARCs staff for revitalizing community centers in West Fresno. Participated
in the groundbreaking of the new park at MLK Magnet Core. Celebrated the
completion of the Promesa Commons. Announced opening night for the
Fresno Grizzlies. Discussed the correspondence from Valley Children’s
Chief Legal Counsel.
Councilmember Maxwell Reports and Comments: Acknowledged staff and
volunteers for the successful 2nd Annual Easter Egg Hunt Event. Discussed
and reported on the trip to Tokyo - the purpose of the visit was to explore the
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High Speed Rail.
Councilmember Chavez Reports and Comments: Acknowledged the PARCs
staff and announced the upcoming Annual Senior Spring Fling at Mosqueda
on May 3, 2024. Acknowledged the Public Works staff for listing all the
upcoming projects in Southeast Fresno.
Councilmember Esparza Reports and Comments: Announced District 7 staff
participated in the Jackson CDC Easter Celebration. Announced upcoming
Beautify Fresno Event at Manchester Center. Discussed and reported on the
trip to Tokyo to learn more about the High Speed Rail.
Vice President Karbassi Reports and Comments: Wished everyone a Happy
Easter. Gave gratitude to his colleagues and the Mayor for taking a trip to
Tokyo and learning more about the High Speed Rail. Expressed
condolences to Debra Rush whose daughter was recently murdered.
Participated in a community meeting to discuss recent burglaries in
Northwest Fresno.
Council President Perea Reports and Comments: Expressed gratitude to
CSO Danny Guzman and Neighborhood Watch Group for discussing petty
crimes and announced anyone who wishes to start a Neighborhood Watch
Group they can reach out to MakeFresnoSafer.org or District 1 at 559-
621-7817 for more details. Hosted a Roundtable with Assemblymember
Juan Carrillo to discuss issues and the impact of the Central Valley.
Acknowledged the Fresno Association of Realtors for attending the
Executive Meeting. Acknowledged Public Works staff for the infrastructure
work that continues in District 1. Recognized all recipients of the City of
Fresno Employee of the Quarter.
MAYOR/MANAGER REPORTS AND COMMENTS
Mayor Dyer Reports and Comments: Attended the groundbreaking of the
new park at MLK Magnet Core. Attended the ribbon cutting ceremony
completion of Promesa Commons. Discussed trip to Tokyo.
City Manager White Reports and Comments: Acknowledged staff who were
involved with City Easter Events for all their hard work.
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CITY CLERK AND CITY ATTORNEY REPORTS AND COMMENTS
City Attorney Janz Reports and Comments: Discussed the correspondence
that was received by Children’s Hospital Legal Counsel.
1. SCHEDULED COUNCIL HEARINGS AND MATTERS
9:15 A.M. #1
ID 24-442 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 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
hearing was called to order at 10:14 A.M. and introduced to Council by
Planning Manager Siegrist. Upon call, the following members of the public
addressed Council: Bob Mitchell and Mayor Dyer. The public comment
period closed at 10:26 A.M.
Council discussion on this item included: One drive through on the same
parcel, bringing amenities into the location, and the request to employ those
within the community.
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Councilmember Arias motioned to adopt the Environmental Assessment
dated January 3, 2024, to deny the appeal and uphold the staff
determination to make the findings B of the plan development permit, that
the subject site is suitable for the type of the land use being proposed and
can only support one drive through facility and amend the staff's
recommendation with the following additional conditions: 1) that the site is
limited to one drive-through; and 2) striping of the future right turn lane on
Church Ave will be extended to reach West Creek Village Way shown on
the site plan, in order to prevent further traffic on Church Ave.
APPROVED AS AMENDED
On motion of Councilmember Arias, seconded by Councilmember
Chavez, that the above Action Item be ADOPTED AS AMENDED. The
motion carried by the following vote:
Aye: 6 - Perea, Karbassi, Arias, Maxwell, Chavez and Esparza
Recused: 1 - Bredefeld
9:15 A.M. #2
ID 24-421 HEARING to consider Rezone Application No. P23-02992 and related
Environmental Assessment No. P23-02992 relative to property generally
located between North Friant Road, East Copper Avenue, North Willow
Avenue and East Silaxo Road (Council District 6) - Planning and
Development Department
1. ADOPT Environmental Assessment No. P23-02992, dated March 13,
2024, an Addendum to the Subsequent Environmental Impact Report
(SEIR) State Clearinghouse (SCH) No. 2000021003 for the proposed
project pursuant to the California Environmental Quality Act (CEQA);
and,
2. BILL (for introduction and adoption) of Rezone Application No. P23-
02992, proposing to amend the Official Zoning Map and existing
conditions of zoning, regarding timing of construction of traffic signals,
pursuant to Article 58, Chapter 15 of the Fresno Municipal Code,
currently placed on the following property: ± 35.59 acres of property
from the RS-3/UGM/cz (Single-Family Residential, Low Density/Urban
Growth Management/conditions of zoning) zone district to RS-
3/UGM/cz (Single-Family Residential, Low Density/Urban Growth
Management/conditions of zoning) zone district, ± 0.93 acres of
property from the RM-2/UGM/cz (Multi-Family Residential, Urban
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Neighborhood/Urban Growth Management/conditions of zoning) zone
district to RM-2/UGM/cz (Multi-Family Residential, Urban
Neighborhood/Urban Growth Management/conditions of zoning) zone
district, ± 7.23 acres of property from the RS-5/UGM/cz (Single
Family Residential, Medium Density/Urban Growth
Management/conditions of zoning) zone district to RS-5/UGM/cz
(Single Family Residential, Medium Density/Urban Growth
Management/conditions of zoning) zone district, ± 0.79 acre of
property from the RS-4/UGM/cz (Single Family Residential, Medium
Low Density/Urban Growth Management/conditions of zoning) zone
district to RS-4/UGM/cz (Single Family Residential, Medium Low
Density/Urban Growth Management/conditions of zoning) zone
district, ± 2.68 acres of property from the CC/UGM/cz (Community
Commercial/Urban Growth Management/conditions of zoning) zone
district to CC/UGM/cz (Community Commercial/Urban Growth
Management/conditions of zoning) zone district, ± 2.07 acres of
property from the RS-4/UGM/cz (Single Family Residential, Medium
Low Density/Urban Growth Management/conditions of zoning) zone
district to RS-4/UGM/cz (Single Family Residential, Medium Low
Density/Urban Growth Management/conditions of zoning) zone
district, ± 1.17 acres of property from the RS-3/UGM/cz (Single
Family Residential, Low Density/Urban Growth
Management/conditions of zoning) zone district to RS-3/UGM/cz
(Single Family Residential, Low Density/Urban Growth
Management/conditions of zoning) zone district, ± 8.17 acres of
property from the RM-2/UGM/cz (Multi-Family Residential, Urban
Neighborhood/Urban Growth Management/conditions of zoning) zone
district to RM-2/UGM/cz (Multi-Family Residential, Urban
Neighborhood/Urban Growth Management/conditions of zoning) zone
district, ± 2.68 acres of property from the RS-4/UGM/cz (Single
Family Residential, Medium Low Density /Urban Growth
Management/conditions of zoning) zone district to RS-4/UGM/cz
(Single Family Residential, Medium Low Density /Urban Growth
Management/conditions of zoning) zone district, and ± 4.53 acres of
property from the RS-3/UGM/cz (Single Family Residential, Low
Density /Urban Growth Management/conditions of zoning) zone
district to RS-3/UGM/cz (Single Family Residential, Low Density
/Urban Growth Management/conditions of zoning) zone district.
The above hearing was called to order at 10:35 A.M. and introduced to
Council by Planning Manager Trejo and Applicant Garry McDonald. Upon
call, the following members of the public addressed Council in opposition:
Dez Martinez and Bob McCloskey. The public comment period closed at
10:44 A.M.
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Council discussion on this item included: the installation and operation of
the traffic signals before occupancy; the responsibility and liability for the
traffic signals; terms of the deferral agreement and whether the city would
cover costs if 100 occupancies occur before the lights are operational, and
intention to occupy homes before intersection lights are operational.
BILL B-9 APPROVED / ADOPTED AS ORDINANCE 2024-009
On motion of Councilmember Bredefeld, seconded by Vice President
Karbassi, that the above Action Item be ADOPTED. The motion carried
by the following vote:
Aye: 7 - Perea, Karbassi, Arias, Maxwell, Chavez, Bredefeld and
Esparza
9:20 A.M. Joint Meeting of the City Council, City of Fresno in its
Capacity as Housing Successor to the Redevelopment Agency of
the City of Fresno, and the Fresno Revitalization Corporation
ID 24-458 Approve a First Amended and Restated Disposition and Development
Agreement between the City of Fresno, in its capacity as Housing
Successor to the Redevelopment Agency of the City of Fresno and
Self-Help Enterprises regarding the disposition of approximately 3.05
acres located at the Southwest corner of Florence and Walnut and the
Northwest corner of Florence and Plumas Avenue for the development of a
single-family affordable housing project.
The above hearing was called to order at 10:55 A.M. and was introduced to
Council by Executive Director Murphey and Councilmember Arias. Upon
call, the following members of the public addressed Council: Fernando
Elizando; Lynn Owens, and Dez Martinez. The public comment period
closed at 11:04 A.M. There was no Council discussion.
FRC Motion
On Motion of Member Dyer, seconded by Member Perea, that the above
Action Item be APPROVED. The motion carried by the following vote:
Ayes (8): Perea, Karbassi, Arias, Maxwell, Chavez, Bredefeld, Esparza,
Dyer
No (0):
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APPROVED
On motion of Councilmember Arias, seconded by Vice President
Karbassi, that the above Action Item be APPROVED. The motion
carried by the following vote:
Aye: 7 - Perea, Karbassi, Arias, Maxwell, Chavez, Bredefeld and
Esparza
2. CONSENT CALENDAR
Upon call, the following members of the public addressed Council: Elaine
Reynoso (2-H); Fernando Elizando (2-H); Maggie Navarro (2-N); Marcel
Woodruff (2-N); Dez Martinez (2-H); Bob McCloskey (2-N); Eric Lam (2-N);
Brandi Nuse-Villegas (2-K & 2-N); Lynn Owens; Krystal Pothie (2-N);
Emmanuel Torres (2-I), and DJ Criner (2-N).
APPROVAL OF THE CONSENT CALENDAR
On motion of Vice President Karbassi, seconded by Councilmember
Arias, the CONSENT CALENDAR was hereby adopted by the following
vote:
Aye: 7 - Perea, Karbassi, Arias, Maxwell, Chavez, Bredefeld and
Esparza
2.-A. ID 24-451 Approval of the minutes for March 21, 2024, regular meeting
APPROVED ON THE CONSENT CALENDAR
2.-B. ID 24-428 Actions pertaining to RFP 12401452 for Central Services Cost Allocation
Plan (CAP) and Indirect Cost Rate Proposal (ICRP) Consultant Services
1. Approve a three (3) year consultant services agreement, with two
optional one-year extensions, exercisable at the City’s sole
discretion not to exceed $29,750 per year with MGT of America
Consulting, LLC to perform Central Services Cost Allocation Plan
(CAP) and Indirect Cost Rate Proposal (ICRP) Services
2. Authorize the City Manager, or designee, to sign the consultant
services agreement on behalf of the City.
APPROVED ON THE CONSENT CALENDAR
2.-E. ID 24-409 Actions pertaining to the Crown Castle Tower Site License Agreement:
1. ***RESOLUTION: Adopt the 48th amendment to the Annual
Appropriation Resolution (AAR) No 2023-185 appropriating
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$326,100 from the Information Services Department (ISD) FY23
carryover (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto)
2. Approve the 2nd Amendment to the Crown Castle Tower Site
License Agreement increasing the rent by $700 per month ($500
per month from September 1, 2023, and $200 per month from
January 1, 2024)
3. Authorize the Chief Information Officer or designee to approve and
execute the change order for $85,638 for the installation of a
generator pad and propane tank pad and $34,834 for previously
installed radio antennas.
RESOLUTION 2024-066 ADOPTED
APPROVED ON THE CONSENT CALENDAR
2.-F. ID 24-423 Actions pertaining to the purchase of sodium hypochlorite (Citywide):
1. Reject all bids for the Requirements Contract for Bulk Sodium
Hypochlorite (Bid File 12401016);
2. Approve an increase to the Requirements Contract for Sodium
Hypochlorite with Univar USA, Inc., to an annual amount of
$1,399,422 for an extended term to June 11, 2024 (Bid File 9487).
APPROVED ON THE CONSENT CALENDAR
2.-G. ID 24-429
Authorize the Chief of Police to enter into a five-year instructional services
reimbursement agreement with Fresno City College to collect state
monetary reimbursement for City instructor time at the Police Department
Regional Training Center.
Councilmember Esparza is an employee of Fresno City College, yet
pursuant to the Government Code does not have a conflict with the above
item.
APPROVED ON THE CONSENT CALENDAR
2.-J. ID 24-305 Award a two-year Service Contract, with options for three one-year
extensions to EagleShield Pest Control (Bid File 12400439) in the amount
of $50,960, for pest control services at the FAX facilities.
APPROVED ON THE CONSENT CALENDAR
2.-L. ID 24-443 ***BILL B-8 (Intro’d March 21, 2024)(For Adoption) - Adding
Article 6 to Chapter 1 of the Fresno Municipal Code, Relating
to City Attorney Subpoena Power (Subject to Mayor’s Veto)
ORDINANCE 2024-010 ADOPTED
APPROVED ON THE CONSENT CALENDAR
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2.-M. ID 24-466 Approve the Appointment of Laura Gromis to the Active Transportation
Advisory Committee (ATAC) for a three year term ending April 4, 2027.
APPROVED ON THE CONSENT CALENDAR
2.-O. ID 24-444 ***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 and tabled to April 18, 2024.
TABLED
CONTESTED CONSENT CALENDAR
2.-C. ID 24-376 Submission and Acceptance of the City of Fresno Annual Comprehensive
Financial Report (ACFR) and Annual Comprehensive Dept Report (ACDR)
for Fiscal Year 2023
Councilmember Arias moved the above item to Contested Consent to
discuss the annual comprehensive financial report.
Council discussion on this item included: Submission and acceptance of
City of Fresno annual comprehensive financial report; potential losses and
fraudulent activity, and arrest and recovery of funds related to fraudulent
activity.
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: 6 - Perea, Karbassi, Arias, Maxwell, Bredefeld and Esparza
Absent: 1 - Chavez
2.-D. ID 24-434 Actions pertaining to the Spiral Parking Garage 7 High Priority Repairs
project located at 801 Van Ness Avenue:
1. Adopt a finding of Categorical Exemption pursuant to Section
15301 of the California Environmental Quality Act Guidelines
2. Approve an agreement for Professional Engineering Services
with Brooks Ransom Associates, of Fresno, California, in the
amount of $69,500 with a $8,000 contingency, for the design,
preparation of construction documents, and construction
support services for the Spiral Parking Garage 7 High
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Priority Repairs project.
3. Authorize the Director of General Services or designee to
execute all related documents
Councilmember Arias moved the above item to Contested Consent to
discuss Spiral Garage 7.
Council discussion on this item included: consultant agreement for
construction documents to complete high priority repairs for Garage 7;
funding source from the American Rescue Plan, and timeline for completion
of the construction work.
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: 6 - Perea, Karbassi, Arias, Maxwell, Bredefeld and Esparza
Absent: 1 - Chavez
2.-H. ID 24-162 Actions pertaining to homeless mobile shower operations agreement
provided by Gracebound under the Homeless Housing, Assistance, and
Prevention (HHAP) program:
1. Approve the first amendment to the Agreement with Gracebound to
operate two mobile shower and restroom trailers increasing funding
by $42,799.42 for a total agreement amount of $342,799.42
Councilmember Arias moved the above item to Contested Consent to
discuss allegations of employees not being paid for their time worked.
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: 7 - Perea, Karbassi, Arias, Maxwell, Chavez, Bredefeld and
Esparza
2.-I. ID 24-425 ***RESOLUTION - Repealing Resolution Number 2024-052 and
authorizing submission of an application for and acceptance of funding
from the California Department of Housing and Community Development
Prohousing Incentive Program (PIP) Round 2 and authorizing the City
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Manager or designee to sign and submit the application and all necessary
implementing documents. (Subject to Mayor’s Veto)
Councilmember Arias moved the above item to Contested Consent to
discuss funding eligibility from the Housing Trust Fund.
Council discussion on this item included: funding eligibility from the
Housing Trust Fund and whether it's already designated for specific
projects; confirmation that a new Notice of Funding Availability (NOFA)
would be necessary; timeline for issuing a new NOFA once the funds are
received; current balance of the Housing Trust Fund, and the request for a
memo detailing the breakdown of projects assigned funds from the Housing
Trust Fund.
RESOLUTION 2024-067 ADOPTED
On motion of Councilmember Arias, seconded by Councilmember
Esparza, that the above Action Item be ADOPTED. The motion carried
by the following vote:
Aye: 7 - Perea, Karbassi, Arias, Maxwell, Chavez, Bredefeld and
Esparza
2.-K. ID 24-370 BILL (for introduction) - Adding Article 35 to Chapter 9 of the Fresno
Municipal Code, Relating to Naloxone
Council President Perea moved this item to Contested Consent to
introduced the item to Council.
Council discussion on this item included: concerns with liability and
insurance implications for businesses; potential for lawsuits; assurance that
the ordinance won't impose an undue burden on businesses as the Fresno
County Public Health Department will provide free doses of naloxone and
offer training in its administration; the Good Samaritan Law, and the request
for clarification and confirmation that all ABC holders in city facilities will be
required to follow the proposed ordinance and asked if there is naloxone
onsite of homeless shelters, cooling centers, and emergency centers.
BILL B-10 INTRODUCED AND LAID OVER
On motion of President Perea, seconded by Vice President Karbassi,
that the above Action Item be APPROVED. The motion carried by the
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following vote:
Aye: 5 - Perea, Karbassi, Maxwell, Chavez and Esparza
No: 2 - Arias and Bredefeld
2.-N. ID 24-474 RESOLUTION - To Immediately Suspend Funding for and Requesting the
City Manager to Investigate the Street Outreach Training Services
Agreement with the Urban Peace Institute
Vice President Karbassi moved the above item to Contested Consent to
discuss temporary suspension of the funding for the program.
Council discussion on this item included: temporary suspension of the
funding for the program; recent criminal activities regarding an individual
who completed the training program; vetting process and standards;
suggestions requiring participants to sign a declaration stating they will not
commit crimes, including felonies, while participating in the program;
collaboration with law enforcement; ongoing monitoring on participants
even after completing the program, and establishing a timeline for criminal
activity cutoffs.
CONTINUED
On motion of Vice President Karbassi, seconded by Councilmember
Esparza, that the above Action Item be CONTINUED. The motion
carried by the following vote:
Aye: 6 - Perea, Karbassi, Arias, Maxwell, Bredefeld and Esparza
Absent: 1 - Chavez
3. GENERAL ADMINISTRATION
UNSCHEDULED COMMUNICATION
Upon call, the following members of the public addressed Council: Gerald
Howell; Lynn Owens; Dez Martinez; Candis Crowley; Bob McCloskey, and
Tonya Peden.
4. CITY COUNCIL
5. CLOSED SESSION
During open session, City Attorney Janz announced the items that would be
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City Council Meeting Minutes - Final April 4, 2024
discussed in closed session.
Council withdrew to closed session at 2:49 P.M.
5.-A. ID 24-417
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Government Code Section 54956.9, subdivision (d)(1)
Case Name: Georgette Purnell v. R.T. Mora; Eastern District Court Case
No. 1:19-cv-00210.
The above item was discussed in closed session. There were no open
session announcements regarding this item.
DISCUSSED
ADJOURNMENT
City Council adjourned from the closed session at 2:59 P.M.
The above minutes were approved by unanimous vote of the City Council
during the April 18, 2024, regular meeting.
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Agenda
City of Fresno
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
Meeting Agenda - Final
Thursday, April 4, 2024
9:00 AM
Regular Meeting
Council Chambers (In Person and/or Electronic)
https://www.fresno.gov/council-meeting
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
City Council Meeting Agenda - Final April 4, 2024
THE FRESNO CITY COUNCIL WELCOMES YOU TO CITY COUNCIL CHAMBER,
LOCATED IN CITY HALL, 2ND FLOOR, 2600 FRESNO STREET, FRESNO,
CALIFORNIA 93721.
PUBLIC PARTICIPATION – Public participation during Fresno City Council meetings is
always encouraged and can occur in one of the two following ways:
1) Participate In Person: Council Chambers, City Hall, 2nd Floor, 2600 Fresno Street,
Fresno, CA 93721
a) To speak during a City Council meeting in person: fill out a speaker card
(available in the Council Chamber) and place it in the speaker card collection
basket at the front of the Council Chamber. You may also approach the speaker
podium upon the Council President’s call for public comment.
2) Participate Remotely via Zoom: https://www.fresno.gov/council-meeting
a) The above link will allow you to register in advance for remote participation in
the meeting via the Zoom platform. After registering, you will receive a
confirmation email containing additional details about joining the meeting.
b) To speak during a City Council meeting while attending remotely: while in the
Zoom application, click on the icon labeled “Participants” at the bottom of the
screen. Then select “RaiseHand” at the bottom of the Participants window. Your
digital hand will now be raised. You will be asked to “unmute” when your name is
called to speak. You will not be visible via video and there will be no opportunity to
share your screen.
All public speakers will have up to 3 minutes to address Council pursuant to Rule No. 10 of
the Rules of Procedure for the City Council of the City of Fresno (available in the City
Clerk’s Office).
SUBMIT DOCUMENTS / WRITTEN COMMENTS - Pursuant to Rule 11 (c) of the Rules of
Procedure, no documents shall be accepted for Council review unless submitted to the City
Clerk at least 24 hours prior to the Council Agenda item be heard. Documents / written
comments related to an agenda item can be submitted by one of the following methods:
1) eComment – eComment allows the public to submit agenda related comments
through a website prior to the meeting. Submitted comments are limited to 1440
characters and will be a part of the official record.
City of Fresno ***Subject to Mayoral Veto Page 2
City Council Meeting Agenda - Final April 4, 2024
a) Submit an e-Comment by visiting https://fresno.legistar.com/Calendar.aspx and
selecting the “eComment” link.
b) e-Comment is available for use upon publication of the agenda and closes 24
hours prior to the meeting start time [pursuant to Rule 11(c)].
c) e-Comment is not permitted for Land use or CEQA items
d) The e-Comment Electronic User Agreement can be viewed at:
https://www.fresno.gov/cityclerk/
2) E-mail – Agenda related documents and comments can be e-mailed to the Office of
the City Clerk at least 24 hours prior to the agenda item being heard, pursuant to Rule
11(c).
a) E-mail the Clerk’s Office at clerk@fresno.gov
b) E-mails should include the agenda date, and the related agenda item number.
VIEWING CITY COUNCIL MEETINGS (non-participatory) - For your convenience, there
are several ways to view Fresno City Council meetings live:
1) City of Fresno website: https://fresno.legistar.com/Calendar.aspx (click “In Progress”
to view the live meeting).
2) Community Media Access Collaborative website: https://cmac.tv/
3) YouTube - City of Fresno Council, Boards and Commissions Channel:
https://www.youtube.com/channel/UC3ld83D8QGn1YBDw6aD5dZA/videos
4) Facebook: https://www.facebook.com/FresnoCA/videos
5) Cable Television: Comcast Channel 96 and AT&T Channel 99
Should any of the five viewing methods listed above experience technical difficulties, the
Council meeting will continue uninterrupted. Council meetings will only be paused to
address verifiable technical difficulties for all users participating via Zoom or in the Council
Chamber.
The City of Fresno’s goal is to comply with the Americans with Disabilities Act (ADA).
Anyone requiring reasonable ADA accommodations, including sign language interpreters,
or other reasonable accommodations such as language translation, should contact the
office of the City Clerk at (559) 621-7650 or clerk@fresno.gov. To help ensure availability
of these services, you are advised to make your request a minimum of three business days
prior to the scheduled meeting.
City of Fresno ***Subject to Mayoral Veto Page 3
City Council Meeting Agenda - Final April 4, 2024
GOVERNMENT CODE 84308 CONTRIBUTION PROHIBITIONS AND MANDATORY
DISCLOSURES - The Political Reform Act of 1974 (Act) restricts campaign contributions
over $250 from a party to or participant in a proceeding involving a license, permit,
contract, or entitlement for use before the City. The Act requires disclosure of the
contribution and creates a conflict where a decisionmaker has received $250 or more from
a party or participant to a proceeding in the prior 12 months. A decisionmaker must
disclose on the record during the proceeding that they have received contributions from a
party, participant, or agent of a party or participant, greater than $250 within the preceding
12 months and the name(s) of the contributor(s). (See 2 CCR 18438.8(a).) Parties and
participants to a proceeding are required to disclose on the record if they made
contributions over $250 within the prior 12 months, and are prohibited from making
contributions to a decisionmaker during the proceeding and for 12 months after the date a
final decision is rendered on the proceeding. Violations of these provisions are punishable
as a misdemeanor.
City of Fresno ***Subject to Mayoral Veto Page 4
City Council Meeting Agenda - Final April 4, 2024
9:00 A.M. ROLL CALL
Invocation by Pastor Eli Loera from Family Christian Assembly
Pledge of Allegiance to the Flag
APPROVE AGENDA
CEREMONIAL PRESENTATIONS
ID 24-395 Proclamation for "Fair Housing Month"
Sponsors: Councilmember Esparza and Councilmember Maxwell
ID 24-419 Proclamation for "Black Maternal Health Week"
Sponsors: Councilmember Esparza and Council President Perea
ID 24-435 Proclamation for “Sexual Assault Awareness Month”
Sponsors: Council President Perea
ID 24-239 Proclamation for “National Crime Victims’ Right Week”
Sponsors: Councilmember Maxwell
COUNCILMEMBER REPORTS AND COMMENTS
MAYOR/MANAGER REPORTS AND COMMENTS
CITY CLERK AND CITY ATTORNEY REPORTS AND COMMENTS
1. SCHEDULED COUNCIL HEARINGS AND MATTERS
9:15 A.M. #1
ID 24-442 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 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
City of Fresno ***Subject to Mayoral Veto Page 5
City Council Meeting Agenda - Final April 4, 2024
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.
Sponsors: Planning and Development Department
9:15 A.M. #2
ID 24-421 HEARING to consider Rezone Application No. P23-02992
and related Environmental Assessment No. P23-02992
relative to property generally located between North Friant
Road, East Copper Avenue, North Willow Avenue and East
Silaxo Road (Council District 6) - Planning and Development
Department
1. ADOPT Environmental Assessment No. P23-02992, dated
March 13, 2024, an Addendum to the Subsequent
Environmental Impact Report (SEIR) State Clearinghouse
(SCH) No. 2000021003 for the proposed project pursuant to
the California Environmental Quality Act (CEQA); and,
2. BILL (for introduction and adoption) of Rezone Application
No. P23-02992, proposing to amend the Official Zoning Map
and existing conditions of zoning, regarding timing of
construction of traffic signals, pursuant to Article 58, Chapter
15 of the Fresno Municipal Code, currently placed on the
City of Fresno ***Subject to Mayoral Veto Page 6
City Council Meeting Agenda - Final April 4, 2024
following property: ± 35.59 acres of property from the RS-
3/UGM/cz (Single-Family Residential, Low Density/Urban
Growth Management/conditions of zoning) zone district to
RS-3/UGM/cz (Single-Family Residential, Low Density/Urban
Growth Management/conditions of zoning) zone district, ±
0.93 acres of property from the RM-2/UGM/cz (Multi-Family
Residential, Urban Neighborhood/Urban Growth
Management/conditions of zoning) zone district to RM-
2/UGM/cz (Multi-Family Residential, Urban
Neighborhood/Urban Growth Management/conditions of
zoning) zone district, ± 7.23 acres of property from the RS-
5/UGM/cz (Single Family Residential, Medium Density/Urban
Growth Management/conditions of zoning) zone district to
RS-5/UGM/cz (Single Family Residential, Medium
Density/Urban Growth Management/conditions of zoning)
zone district, ± 0.79 acre of property from the RS-4/UGM/cz
(Single Family Residential, Medium Low Density/Urban
Growth Management/conditions of zoning) zone district to
RS-4/UGM/cz (Single Family Residential, Medium Low
Density/Urban Growth Management/conditions of zoning)
zone district, ± 2.68 acres of property from the CC/UGM/cz
(Community Commercial/Urban Growth
Management/conditions of zoning) zone district to
CC/UGM/cz (Community Commercial/Urban Growth
Management/conditions of zoning) zone district, ± 2.07 acres
of property from the RS-4/UGM/cz (Single Family Residential,
Medium Low Density/Urban Growth Management/conditions
of zoning) zone district to RS-4/UGM/cz (Single Family
Residential, Medium Low Density/Urban Growth
Management/conditions of zoning) zone district, ± 1.17 acres
of property from the RS-3/UGM/cz (Single Family Residential,
Low Density/Urban Growth Management/conditions of
zoning) zone district to RS-3/UGM/cz (Single Family
Residential, Low Density/Urban Growth
Management/conditions of zoning) zone district, ± 8.17 acres
of property from the RM-2/UGM/cz (Multi-Family Residential,
Urban Neighborhood/Urban Growth Management/conditions
of zoning) zone district to RM-2/UGM/cz (Multi-Family
Residential, Urban Neighborhood/Urban Growth
City of Fresno ***Subject to Mayoral Veto Page 7
City Council Meeting Agenda - Final April 4, 2024
Management/conditions of zoning) zone district, ± 2.68 acres
of property from the RS-4/UGM/cz (Single Family Residential,
Medium Low Density /Urban Growth Management/conditions
of zoning) zone district to RS-4/UGM/cz (Single Family
Residential, Medium Low Density /Urban Growth
Management/conditions of zoning) zone district, and ± 4.53
acres of property from the RS-3/UGM/cz (Single Family
Residential, Low Density /Urban Growth
Management/conditions of zoning) zone district to RS-
3/UGM/cz (Single Family Residential, Low Density /Urban
Growth Management/conditions of zoning) zone district.
Sponsors: Planning and Development Department
9:20 A.M. Joint Meeting of the City Council, City of Fresno in its
Capacity as Housing Successor to the Redevelopment Agency of
the City of Fresno, and the Fresno Revitalization Corporation
ID 24-458 Approve a First Amended and Restated Disposition and
Development Agreement between the City of Fresno, in its
capacity as Housing Successor to the Redevelopment
Agency of the City of Fresno and Self-Help Enterprises
regarding the disposition of approximately 3.05 acres located
at the Southwest corner of Florence and Walnut and the
Northwest corner of Florence and Plumas Avenue for the
development of a single-family affordable housing project.
Sponsors: Successor Agency to the Redevelopment Agency
2. CONSENT CALENDAR
2.-A. ID 24-451 Approval of the minutes for March 21, 2024, regular meeting
Sponsors: Office of the City Clerk
City of Fresno ***Subject to Mayoral Veto Page 8
City Council Meeting Agenda - Final April 4, 2024
2.-B. ID 24-428 Actions pertaining to RFP 12401452 for Central Services
Cost Allocation Plan (CAP) and Indirect Cost Rate Proposal
(ICRP) Consultant Services
1. Approve a three (3) year consultant services agreement,
with two optional one-year extensions, exercisable at the
City’s sole discretion not to exceed $29,750 per year with
MGT of America Consulting, LLC to perform Central Services
Cost Allocation Plan (CAP) and Indirect Cost Rate Proposal
(ICRP) Services
2. Authorize the City Manager, or designee, to sign the
consultant services agreement on behalf of the City.
Sponsors: Budget and Management Studies Department
2.-C. ID 24-376 Submission and Acceptance of the City of Fresno Annual
Comprehensive Financial Report (ACFR) and Annual
Comprehensive Dept Report (ACDR) for Fiscal Year 2023
Sponsors: Finance Department
2.-D. ID 24-434 Actions pertaining to the Spiral Parking Garage 7 High
Priority Repairs project located at 801 Van Ness Avenue:
1. Adopt a finding of Categorical Exemption pursuant to
Section 15301 of the California Environmental Quality Act
Guidelines
2. Approve an agreement for Professional Engineering
Services with Brooks Ransom Associates, of Fresno,
California, in the amount of $69,500 with a $8,000
contingency, for the design, preparation of construction
documents, and construction support services for the Spiral
Parking Garage 7 High Priority Repairs project.
3. Authorize the Director of General Services or designee to
execute all related documents
Sponsors: General Services Department
2.-E. ID 24-409 Actions pertaining to the Crown Castle Tower Site License
Agreement:
1. ***RESOLUTION: Adopt the 48th amendment to the
Annual Appropriation Resolution (AAR) No 2023-185
appropriating $326,100 from the Information Services
Department (ISD) FY23 carryover (Requires 5 Affirmative
City of Fresno ***Subject to Mayoral Veto Page 9
City Council Meeting Agenda - Final April 4, 2024
Votes) (Subject to Mayor’s Veto)
2. Approve the 2nd Amendment to the Crown Castle Tower
Site License Agreement increasing the rent by $700 per
month ($500 per month from September 1, 2023, and $200
per month from January 1, 2024)
3. Authorize the Chief Information Officer or designee to
approve and execute the change order for $85,638 for the
installation of a generator pad and propane tank pad and
$34,834 for previously installed radio antennas.
Sponsors: Information Services Department
2.-F. ID 24-423 Actions pertaining to the purchase of sodium hypochlorite
(Citywide):
1. Reject all bids for the Requirements Contract for Bulk
Sodium Hypochlorite (Bid File 12401016);
2. Approve an increase to the Requirements Contract for
Sodium Hypochlorite with Univar USA, Inc., to an annual
amount of $1,399,422 for an extended term to June 11, 2024
(Bid File 9487).
Sponsors: Department of Public Utilities
2.-G. ID 24-429 Authorize the Chief of Police to enter into a five-year
instructional services reimbursement agreement with Fresno
City College to collect state monetary reimbursement for City
instructor time at the Police Department Regional Training
Center.
Sponsors: Police Department
2.-H. ID 24-162 Actions pertaining to homeless mobile shower operations
agreement provided by Gracebound under the Homeless
Housing, Assistance, and Prevention (HHAP) program:
1. Approve the first amendment to the Agreement with
Gracebound to operate two mobile shower and restroom
trailers increasing funding by $42,799.42 for a total
agreement amount of $342,799.42
Sponsors: Planning and Development Department
City of Fresno ***Subject to Mayoral Veto Page 10
City Council Meeting Agenda - Final April 4, 2024
2.-I. ID 24-425 ***RESOLUTION - Repealing Resolution Number 2024-052
and authorizing submission of an application for and
acceptance of funding from the California Department of
Housing and Community Development Prohousing Incentive
Program (PIP) Round 2 and authorizing the City Manager or
designee to sign and submit the application and all necessary
implementing documents. (Subject to Mayor’s Veto)
Sponsors: Planning and Development Department
2.-J. ID 24-305 Award a two-year Service Contract, with options for three
one-year extensions to EagleShield Pest Control (Bid File
12400439) in the amount of $50,960, for pest control services
at the FAX facilities.
Sponsors: Department of Transportation
2.-K. ID 24-370 BILL (for introduction) - Adding Article 35 to Chapter 9 of the
Fresno Municipal Code, Relating to Naloxone
Sponsors: Council President Perea
2.-L. ID 24-443 ***BILL B-8 (Intro’d March 21, 2024)(For Adoption) - Adding
Article 6 to Chapter 1 of the Fresno Municipal Code, Relating
to City Attorney Subpoena Power (Subject to Mayor’s Veto)
Sponsors: Council President Perea and City Attorney's Office
2.-M. ID 24-466 Approve the Appointment of Laura Gromis to the Active
Transportation Advisory Committee (ATAC) for a three year
term ending April 4, 2027.
Sponsors: Vice President Karbassi
2.-N. ID 24-474 RESOLUTION - To Immediately Suspend Funding for and
Requesting the City Manager to Investigate the Street
Outreach Training Services Agreement with the Urban Peace
Institute
Sponsors: Vice President Karbassi
City of Fresno ***Subject to Mayoral Veto Page 11
City Council Meeting Agenda - Final April 4, 2024
2.-O. ID 24-444 ***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).
Sponsors: Councilmember Arias
CONTESTED CONSENT CALENDAR
3. GENERAL ADMINISTRATION
UNSCHEDULED COMMUNICATION
PLEASE NOTE: UNSCHEDULED COMMUNICATION IS NOT SCHEDULED FOR A
SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING
4. CITY COUNCIL
5. CLOSED SESSION
5.-A. ID 24-417 CONFERENCE WITH LEGAL COUNSEL-EXISTING
LITIGATION
Government Code Section 54956.9, subdivision (d)(1)
Case Name: Georgette Purnell v. R.T. Mora; Eastern District
Court Case No. 1:19-cv-00210.
Sponsors: City Attorney's Office
ADJOURNMENT
UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS
APRIL 18, 2024
9:15 A.M.- Actions pertaining to the fee interest acquisition of a parcel to benefit
the Blackstone McKinley BNSF Grade Separation Project (Pertaining to APN
444-314-20S)
APRIL 18, 2024
9:20 A.M.- Actions pertaining to the fee interest acquisition of a parcel to benefit
the Blackstone McKinley BNSF Grade Separation Project (Pertaining to APN
451-071-35)
City of Fresno ***Subject to Mayoral Veto Page 12
City Council Meeting Agenda - Final April 4, 2024
APRIL 18, 2024
10:00 A.M.- HEARING to adopt Resolutions and Ordinance to Annex territory and
Levy a Special Tax regarding City of Fresno Community Facilities District Number
9, Annexation Number 59 (Parcel Map Number 2004-36) (East Belmont Avenue
and North Laverne Avenue) (Council District 5)
MAY 2, 2024
9:30 A.M. - HEARING to adopt Resolutions and Ordinance to Annex Territory and
Levy a Special Tax regarding City of Fresno Community Facilities District Number
9, Annexation Number 57 (territory known as Assessor’s Parcel Number
329-090-19) (Southwest corner of East North Avenue and South East Avenue)
(Council District 3)
UPCOMING EMPLOYEE CEREMONIES
EMPLOYEE OF THE QUARTER - 10:00 A.M.
• July 17, 2024 (Wednesday) - Employee of the Summer Quarter
• October 16, 2024 (Wednesday) - Employee of the Fall Quarter
EMPLOYEE SERVICE AWARDS
• April 25, 2024 (Thursday) - Employee Service Awards - 10:30 A.M.
• November 20, 2024 (Wednesday) - Employee Service Awards - 10:00 A.M.
2024 CITY COUNCIL MEETING SCHEDULE
April 18, 2024 - 9:00 A.M.
May 2, 2024 - 9:00 A.M.
May 16, 2024 - 9:00 A.M. (Special Meeting - Mayor's Budget Presentation)
May 23, 2024 - 9:00 A.M.
June 3, 2024 - 9:00 A.M. (Budget Hearings)
June 4, 2024 - 9:00 A.M. (Budget Hearings)
June 5, 2024 - 9:00 A.M. (Budget Hearings)
June 6, 2024 - 9:00 A.M.
June 12, 2024 - 9:00 A.M. (Budget Hearings -Budget Motions)
June 13, 2024 - 9:00 A.M.
June 20, 2024 - 9:00 A.M.
June 27, 2024 - 9:00 A.M.
City of Fresno ***Subject to Mayoral Veto Page 13
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