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City Council

Regular Meeting

Fresno, CA · April 4, 2024

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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: City of Fresno ***Subject to Mayoral Veto Page 1 City Council Meeting Minutes - Final April 4, 2024 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. City of Fresno ***Subject to Mayoral Veto Page 2 City Council Meeting Minutes - Final April 4, 2024 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 City of Fresno ***Subject to Mayoral Veto Page 3 City Council Meeting Minutes - Final April 4, 2024 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. City of Fresno ***Subject to Mayoral Veto Page 4 City Council Meeting Minutes - Final April 4, 2024 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. City of Fresno ***Subject to Mayoral Veto Page 5 City Council Meeting Minutes - Final April 4, 2024 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 City of Fresno ***Subject to Mayoral Veto Page 6 City Council Meeting Minutes - Final April 4, 2024 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. City of Fresno ***Subject to Mayoral Veto Page 7 City Council Meeting Minutes - Final April 4, 2024 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): City of Fresno ***Subject to Mayoral Veto Page 8 City Council Meeting Minutes - Final April 4, 2024 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 City of Fresno ***Subject to Mayoral Veto Page 9 City Council Meeting Minutes - Final April 4, 2024 $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 City of Fresno ***Subject to Mayoral Veto Page 10 City Council Meeting Minutes - Final April 4, 2024 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 City of Fresno ***Subject to Mayoral Veto Page 11 City Council Meeting Minutes - Final April 4, 2024 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 City of Fresno ***Subject to Mayoral Veto Page 12 City Council Meeting Minutes - Final April 4, 2024 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 City of Fresno ***Subject to Mayoral Veto Page 13 City Council Meeting Minutes - Final April 4, 2024 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 City of Fresno ***Subject to Mayoral Veto Page 14 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. City of Fresno ***Subject to Mayoral Veto Page 15

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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