City Council

City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Meeting Minutes - Final City Council President - Annalisa Perea Vice President - Mike Karbassi Councilmembers: Miguel Angel Arias, Tyler Maxwell, Luis Chavez, Garry Bredefeld, Nelson Esparza City Manager - Georgeanne A. White City Attorney - Andrew Janz City Clerk - Todd Stermer, CMC Thursday, April 18, 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. 9:09 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 Young Adults Pastor Michael Loera from Family Christian Assembly Young Adults Pastor Michael Loera gave the invocation. Pledge of Allegiance to the Flag Pledge of Allegiance led by Councilmember Bredefeld. APPROVE AGENDA City Clerk Stermer announced the following changes to the agenda: City of Fresno ***Subject to Mayoral Veto Page 1 City Council Meeting Minutes - Final April 18, 2024 Ceremonial Item (ID 24-454) Title change from “Central Valley Fuego FC” to “Proclamation for Central Valley Fuego FC.” Consent Calendar item 2-L (ID 24-465) regarding Woodward and Roeding Tot Lots and ADA accessibility Improvements Project – Council President Perea recused herself from this item because the consulting firm Quad Knopf is involved in the project and is also a source of income and business interest of hers. Schedule Timed Item 10:00 A.M. (ID 24-476) regarding Hearing to adopt resolutions and ordinance to annex territory and Levy a Special Tax regarding City of Fresno CFD Number 9, Annexation Number 59 – was tabled to May 2, 2024, at 10:00 A.M. by Staff. Consent Calendar item 2-F (ID 24-486) regarding the Retirement Boards and Deferred Compensation Board - was removed from the agenda by staff with no return date. Consent Calendar item 2-S (ID 24-531) regarding authorize the City Manager to accept $9,300,000 in grant funding from the San Joaquin River Conservancy – was removed from the agenda by Vice President Karbassi with no return date. Consent Calendar item 2-U (ID 24-500) regarding 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 - was removed from the agenda by Councilmember Arias and tabled to May 2, 2024. Councilmember Bredefeld registered a no vote on Consent Calendar item 2-R (ID 24-502) regarding adopting ordinance relating to Naloxone. THE FOLLOWING ITEM WERE MOVED TO CONTESTED CONSENT FOR FURTHER DISCUSSION: 2-C (ID 24-306) regarding approving the appointment of Ronald Sheppard, City of Fresno ***Subject to Mayoral Veto Page 2 City Council Meeting Minutes - Final April 18, 2024 and the reappointment of Frances Reyes Acosta to the Disability Advisory Commission. Approve the appointment of Brad Hardie to the Civil Service Board. Approve the reappointment of Paul Idsvoog to the Housing Authority of the City of Fresno. Approve the reappointments of Kimberly McCoy, Jon Dohlin and Jose Barraza to the Parks, Recreation, and Arts Commission – was moved to Contested Consent by Councilmember Arias. 2-I (ID 24-452) regarding Resolution regarding California Department of Toxic Substances Control’s Office of Brownfields Equitable Community Revitalization Grant for the Remediation of the 1457 H Street Site Round 2 - was moved to Contested Consent by Councilmember Arias. 2-K (ID 24-408) regarding Actions pertaining to the North Granville Avenue and East Behymer Avenue Safety Improvements Project - was moved to Contested Consent by Councilmember Bredefeld. 2-Q (ID 24-475) regarding actions pertaining to professional consulting services for the Vision Zero Action Place - was moved to Contested Consent by Councilmember Bredefeld. On motion of Vice President Karbassi, seconded by Councilmember Arias, the above Agenda was ADOPTED AS AMENDED. The motion carried by the following vote: Aye: 7 - Perea, Karbassi, Arias, Maxwell, Chavez, Bredefeld and Esparza CEREMONIAL PRESENTATIONS ID 24-454 Central Valley Fuego FC There was a correction read into the record regarding the Proclamation for "Central Valley Fuego FC.” PRESENTED ID 24-453 Proclamation for “Igal Francis Day” PRESENTED ID 24-482 Proclamation for Exceptional Parents Unlimited’s 31st Annual “Fiesta de los Niños” City of Fresno ***Subject to Mayoral Veto Page 3 City Council Meeting Minutes - Final April 18, 2024 PRESENTED ID 24-520 KMJ’s Broadcasting Excellence Awards Recognition PRESENTED ID 24-491 Proclamation for “Arbor Day” PRESENTED ID 24-447 Fresno Animal Center presents “Pet of the Month” PRESENTED COUNCILMEMBER REPORTS AND COMMENTS Councilmember Arias Reports and Comments: Hosted community meetings in various neighborhoods to gather input for the upcoming budget deliberations. Announced an upcoming event to recognize International Workers' Day at Ian Plaza, starting at 5:00 p.m. Expressed gratitude to the administration and staff for addressing issues related to Parkway encampments. Councilmember Maxwell Reports and Comments: Attended the Police Chief Gala. Presented the National Student Athlete Day award to Aiden Medina, a high school senior at Hoover High School, recognizing his athletic and academic achievements. Attended the California Restaurant Association event to recognize outstanding restaurants in the Central Valley. Participated in the opening night at Grizzlies Stadium. Participated in the city's food truck program at Fresno Yosemite International Airport. Awarded certificates to dispatchers at Fresno Police Headquarters in honor of Emergency Dispatcher Appreciation Week. Participated in the Central Valley Honor Flight event. Councilmember Chavez Reports and Comments: Attended a meeting with the Fresno Madera Agency on Aging to discuss the comprehensive analysis of the senior population in the region, highlighting challenges such as inflation, food insecurity, and rent affordability. Councilmember Bredefeld Reports and Comments: Expressed gratitude to Captain Gross and the Northeast Police Department officers for their efforts City of Fresno ***Subject to Mayoral Veto Page 4 City Council Meeting Minutes - Final April 18, 2024 in addressing increased burglaries in a neighborhood. Attended various events, including the Police Chief Gala, the California Restaurant Association dinner, opening night at the Grizzlies Stadium, and the California Rifle and Pistol Club fundraiser. Councilmember Esparza Reports and Comments: Attended a career day at Phoenix Elementary Academy and thanked the veterans at the 509th and the veteran’s community for inviting him to a dinner to show gratitude for those who support the Veterans Day parade. Participated in a ribbon-cutting event for a gym within the Fresno Police Department Central District Precinct. Attended the opening at the Grizzlies Stadium. Thanked residents of District 7 and staff for attending town hall meetings. Attended a soft grand opening for the first cannabis shop in District 7. Participated in the city's food truck program at Fresno Yosemite International Airport. Mentioned forthcoming events, including the Fresno Economic Development Corporation real estate forecast, the state of downtown event, and the Great American Cleanup. Vice President Karbassi Reports and Comments: Mentioned an increase in home burglaries in Northwest Fresno and highlighted collaborative efforts between city and county law enforcement agencies to address the issue. Recognized birthdays within the office, including former intern, Arriyah Champion, and Council Assistant Ryan Howeth. Council President Perea Reports and Comments: Attended various events, including the Stop the Hate Summit, Transgender Day of Visibility event, and neighborhood watch meeting. Highlighted the first Park social at the new Trolley Park in District 1 and encouraged residents to visit the park. Congratulated two businesses in the Tower District, Roger Rockas and The Peach Pit, for undergoing renovations as part of the Small Business Facade Grant Program. Extended congratulations to Duce Upfront on their upcoming grand opening celebration. Announced upcoming Beautify Fresno events in District 1, both in the Tower District and Highway City. Promoted Porch Fest in the Tower District, scheduled for the weekend of April 27, 2024. MAYOR/MANAGER REPORTS AND COMMENTS City of Fresno ***Subject to Mayoral Veto Page 5 City Council Meeting Minutes - Final April 18, 2024 Mayor Dyer Reports and Comments: Providing an update on the Parkway area. Announced the upcoming Lobby day with the 13 Mayors to discuss homelessness. Attended the California Restaurant Association Best of the Valley Awards. Attended the San Joaquin Political Academy. Attending opening night at the Grizzlies Stadium. Highlighted the recent food truck launch at the Fresno Airports. Attended Woodward Park Baptist. Launched the first Monopoly Search in Fresno. Attended the Khmer New Year celebrations. Announced the upcoming Great American Cleanup with an after hour party at Grizzlies Stadium. Announced the upcoming the State of Downtown event. Announced a virtual press conference with the governor to discuss new awards for resolving encampments statewide. City Manager White Reports and Comments: Gave a shoutout to the Community Development Division and the Planning and Development Department for successfully meeting the timeliness test for Community Development Block Grant (CDBG) funds, ensuring the full allocation of funds for the next program year without penalty. Thanked several staff including, Jennifer Clark, Phil Skei, Karen Jenks, Kimberly Archie, Jose Cano, Erica Castanada, James Day, Melissa Franco, Akio Lopez, Erica Lopez, Corrina Nunez, Chelsea O'Connor, Anthony Saldate, Brandon Sisk, Austin Robinson, and Ian Jong for their hard work. CITY CLERK AND CITY ATTORNEY REPORTS AND COMMENTS City Clerk Stermer Reports and Comments: Attended the City Clerk's Association of California annual conference and was re-elected as Board of Directors for the Association. Encouraged the public to visit the city clerk's website to view the vacant seat on boards and commissions and highlighted the need for alternates on the Mobile Home Park Rent Review and Stabilization Commission. Reminded the public about the deadline for voter registration for the November 5, 2024 general election. 1. SCHEDULED COUNCIL HEARINGS AND MATTERS 9:10 A.M. - JOINT MEETING WITH THE FRESNO JOINT POWERS FINANCING AUTHORITY (JPFA). MEMBERS OF JPFA BOARD: MAYOR JERRY DYER, MEMBER MIKE KARBASSI, AND CHAIR GARRY BREDEFELD City of Fresno ***Subject to Mayoral Veto Page 6 City Council Meeting Minutes - Final April 18, 2024 JPFA ACTION A. ID 24-461 HEARING designating and authorizing certain Finance Officers of the City of Fresno (“City”) to sign various investment and commercial banking documents, and to provide verbal instruction required for prudent financial administration and safekeeping of Fresno Joint Powers Finance Authority (“JPFA”) funds and property The hearing was called to order at 10:49 A.M. and was discussed simultaneously with JPFA item B (ID 24-463). The item was presented to Council by Director Danisi. Upon call, the following member of the public addressed Council: Lisa Flores. Council discussion on this item included: Reassurance about the implementation of safeguards for public funds; inquiry about the transition to the Tyler system for financials and whether it is working as expected, and alternative process implemented for bank reconciliations. On motion of Member Karbassi, seconded by Chair Bredefeld, the above JPFA action item was adopted. The motion APPROVED by the following vote: Aye (3): - Bredefeld, Karbassi, Dyer No (0): RESOLUTION JPFA -58 ADOPTED B. ID 24-463 HEARING to consent to and authorize the investment monies in the Local Agency Investment Fund (“LAIF”) in the custody of the State Treasurer for purposes of prudent financial administration and safekeeping of Fresno Joint Powers Finance Authority (“JPFA”) funds, and authorize certain Finance Officers of the City of Fresno (“City”) in connection therewith The hearing was called to order at 10:49 A.M. and was discussed simultaneously with JPFA item A (ID 24-461). On motion of Member Karbassi, seconded by Chair Bredefeld, the above JPFA action item was adopted. The motion APPROVED by the following vote: City of Fresno ***Subject to Mayoral Veto Page 7 City Council Meeting Minutes - Final April 18, 2024 Aye (3): - Bredefeld, Karbassi, Dyer No (0): RESOLUTION JPFA -59 ADOPTED CITY ACTION C. ID 24-460 Appoint and authorize certain Finance Officers of the City of Fresno (“City”) to sign City checks and various investment and commercial banking documents, and to provide verbal instruction required for the prudent financial administration and safekeeping of City funds The above item was discussed simultaneously with City Action item D (ID 24-462). Upon call, there was no staff presentation, no Council discussion, and no public comment on this item. RESOLUTION 2024-068 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 D. ID 24-462 Consent to and authorization of the investment of monies in the Local Agency Investment Fund (“LAIF”) in the custody of the State Treasurer for purposes of investment and authorize certain Finance Officers in connection therewith The above item was discussed simultaneously with City Action item C (ID 24-460). Upon call, there was no staff presentation, no Council discussion, and no public comment on this item. RESOLUTION 2024-069 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 9:15 A.M. City of Fresno ***Subject to Mayoral Veto Page 8 City Council Meeting Minutes - Final April 18, 2024 ID 24-467 Actions pertaining to the fee interest acquisition of a parcel to construct the Blackstone McKinley BNSF Grade Separation Project (Council Districts 1 and 7): 1. HEARING to consider a Resolution of Necessity for acquisition of fee title interest of Assessor’s Parcel Number (APN) 444-314-20S, owned by Bettina Daniels Cervantes and Tracy Deshler, as successor trustees of the Brackin-Daniels Trust dated January 19, 2008, for the construction of the Blackstone McKinley BNSF Grade Separation Project; 2. ***RESOLUTION - Determining that public interest and necessity require fee title interest acquisition of APN 444-314-20S, owned by Bettina Daniels Cervantes and Tracy Deshler, as successor trustees of the Brackin-Daniels Trust dated January 19, 2008, for the construction of the Blackstone McKinley BNSF Grade Separation Project and authorizing eminent domain proceedings for public use and purpose (Requires 5 affirmative votes) (Subject to Mayor’s Veto). The above hearing was called to order at 10:55 A.M. and was introduced to Council by Supervising Real Estate Agent Bruno. Upon call, there was no public comment and Council discussion. The public comment period closed at 10:58 A.M. RESOLUTION 2024-070 ADOPTED On motion of Councilmember Esparza, seconded by Councilmember Arias, 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. ID 24-469 Actions pertaining to the fee interest acquisition of a parcel to construct the Blackstone McKinley BNSF Grade Separation Project (Council Districts 1 and 7): 1. HEARING to consider a Resolution of Necessity for acquisition of fee title interest of Assessor’s Parcel Number (APN) 451- 071-35, owned by Art A. Terzian, for the construction of the Blackstone McKinley BNSF Grade Separation Project; 2. ***RESOLUTION - Determining that public interest and necessity require fee title interest acquisition of APN 451-071-35, owned by Art A. Terzian, for the construction of the City of Fresno ***Subject to Mayoral Veto Page 9 City Council Meeting Minutes - Final April 18, 2024 Blackstone McKinley BNSF Grade Separation Project and authorizing eminent domain proceedings for public use and purpose (Requires 5 affirmative votes) (Subject to Mayor’s Veto). The above hearing was called to order at 10:59 A.M. and was introduced to Council by Supervising Real Estate Agent Bruno, Applicant Terzian and Applicant Attorney Tagert. Upon call, the following members of the public addressed Council: Lynn Owens and Lisa Flores. The public comment period closed at 11:45 A.M. Council discussion on this item included: The process and timeline for negotiating with property owners; clarification on why the proposed alternative does not work for the project; confirmation that the project requires permanent use of the property; relocation costs incurred by the applicant; title issue and the need for legal proceedings to clear title; request for clarification from the City Attorney about the two-step process of eminent domain and the ongoing negotiations despite the resolution of necessity being brought forward; the scope of the overall project; the estimated project cost; how long has this project been in development; when is the anticipated start date for construction; if the initial estimate for the project increased from the original estimate, and why the transfer of the deed insured or certified by a title company. RESOLUTION 2024-071 ADOPTED On motion of Councilmember Esparza, seconded by Councilmember Arias, that the above Action Item be ADOPTED. The motion carried by the following vote: Aye: 6 - Perea, Karbassi, Arias, Maxwell, Bredefeld and Esparza No: 1 - Chavez 9:25 A.M. ID 24-487 HEARING to Consider Plan Amendment and Rezone Application No. P21-01960, Conditional Use Permit Application No. P21-01959, Conditional Use Permit Application No. P21-03251, Planned Development Permit Application No. P21-03252 and related Final Environmental Impact Report (FEIR), State Clearinghouse (SCH) No. 2021100443 pertaining to ±22.4 acres of property located on the northeast corner of West Herndon Avenue and North Riverside Drive (Council District 2) - Planning & City of Fresno ***Subject to Mayoral Veto Page 10 City Council Meeting Minutes - Final April 18, 2024 Development Department. 1. RESOLUTION - CERTIFYING Final Environmental Impact Report (SCH No. 2021100443), for the proposed Costco Commercial Center Project; a. Adopt the Findings of Fact and Statement of Overriding Considerations pursuant to CEQA Guidelines Section 15091; and, b. Adopt the Mitigation Monitoring and Reporting Program (MMRP) pursuant to CEQA Guidelines section 15097; and, 2. APPROVE Plan Amendment Application No. P21-01960, requesting authorization to amend the Fresno General Plan and Bullard Community Plan to change the planned land use designation for the subject property from Community Commercial to General Commercial, and reclassify West Herndon Avenue, from North Riverside to North Hayes Avenue, from an Expressway to a Super Arterial; and, 3. BILL (for introduction and adoption) to approve Rezone Application No. P21-01960, requesting authorization to amend the Official Zoning Map of the City of Fresno to rezone the subject property from the CC/EA/UGM/cz (Community Commercial/Expressway Overlay/Urban Growth Management) zone district to the CG/UGM/cz (Commercial General/Urban Growth Management/conditions of zoning) zone district in accordance with the Plan Amendment Application; and 4. APPROVE Conditional Use Permit Application No. P21-01959, requesting authorization to construct a ±219,216 square-foot Costco warehouse retail building, with a ±4,800 square-foot carwash and a ±13,000 square-foot fuel canopy with 32 fuel pumps, subject to compliance with the Conditions of Approval dated March 7, 2024. 5. APPROVE Conditional Use Permit Application No. P21-03251, requesting authorization to establish a State of California Alcoholic Beverage Control (ABC) Type 21 alcohol license that will allow the sale of beer, wine, and distilled spirits for consumption off the premises where sold, subject to compliance the Conditions of Approval dated March 7, 2024. 6. APPROVE Planned Development Permit Application No. P21- 03252, requesting authorization to modify parking lot development standards to allow for 36.5-foot-tall parking lot light fixtures rather than 25-foot-tall fixtures. The above item was called to order at 1:20 P.M. and introduced to Council by Planning Manager Siegrist. Upon call, the following members of the public addressed Council: Daniel Branett (opposed); Lisa Flores, and Lynn Owens. City of Fresno ***Subject to Mayoral Veto Page 11 City Council Meeting Minutes - Final April 18, 2024 Council discussion on this item included: clarification on the environmental impact; land use regulations; the potential impact of future traffic changes; traffic mitigation measures; the implications of opening Spruce Avenue on the general plan and traffic patterns in the neighborhood; delivery routes; the mitigation measures related to noise and visual impact on residents; the installation of netting for ball containment, and the provision of accessible parking stalls. Vice President Karbassi motioned to approve staff's recommendation with the following additional conditions, which are necessary to make the findings required to approve the CUP, Plan Amendment, and Rezone: 1. Require the project proponent to provide the three (3) traffic calming measures as recommended/provided by the Public Works Department (Exhibit N) as a condition of approval and which include: a. Install an all-way stop control at the intersection of W Spruce and N Hayes Aves (2 way to 4 way stop) along with high visibility crosswalks in all directions. b. Install a refuge island (Non-ped crossing) at the east end of the golf course for the W Spruce Ave connection to provide a traffic calming measures approaching/exiting Costco from the east on W Spruce Ave. c. Install a refuge island (Non-ped crossing) near the intersection of W Spruce and North Sandrini Aves. 2.Condition the site and operations to restrict/prohibit all Costco related truck traffic, including other vendors, from utilizing North Riverside Drive as a condition of approval. 3.Require the project proponent to make the necessary improvements (resurface and restripe) the westbound lane of Herndon Avenue as deemed appropriate by the City of Fresno Public Works Department. 4. Add 20 additional accessible stalls in coordination with the Planning Department. RESOLUTION 2024-072 ADOPTED RESOLUTION 2024-073 ADOPTED BILL B-11 / ORDINANCE ADOPTED AS 2024-011 On motion of Vice President Karbassi, seconded by Councilmember Esparza, that the above Action Item be ADOPTED AS AMENDED. The City of Fresno ***Subject to Mayoral Veto Page 12 City Council Meeting Minutes - Final April 18, 2024 motion carried by the following vote: Aye: 7 - Perea, Karbassi, Arias, Maxwell, Chavez, Bredefeld and Esparza 10:00 A.M. ID 24-476 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 (Final Parcel Map Number 2004-36) (East Belmont Avenue and North Laverne Avenue) (Council District 5): 1. ***RESOLUTION - to Annex Territory to Community Facilities District No. 9 and Authorizing the Levy of a Special Tax for Annexation No. 59 (Subject to Mayor’s Veto); 2. ***RESOLUTION - Calling Special Mailed-Ballot Election (Subject to Mayor’s Veto); 3. ***RESOLUTION - Declaring Election Results (Subject to Mayor’s Veto); 4. ***BILL - (For introduction and adoption) - Levying a Special Tax for the Property Tax Year 2024-2025 and Future Tax Years Within and Relating to Community Facilities District No. 9, Annexation No. 59 (Subject to Mayor’s Veto). The above item was removed from the agenda by staff and tabled to May 2, 2024, at 10:00 A.M. 2. CONSENT CALENDAR 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 24-501 Approval of the minutes for April 4, 2024, regular meeting APPROVED ON THE CONSENT CALENDAR 2.-B. ID 24-464 ***RESOLUTION - Declaring the results of the consolidated Presidential Primary Election held on March 5, 2024. (Subject to Mayor’s veto) RESOLUTION 2024-074 ADOPTED APPROVED ON THE CONSENT CALENDAR City of Fresno ***Subject to Mayoral Veto Page 13 City Council Meeting Minutes - Final April 18, 2024 2.-D. ID 24-484 Approve the First Amendment to a Consultant Services Agreement with Covino Smith & Simon (formerly known as Simon and Company, Inc.), to extend the Agreement to April 20, 2025, and increase the contract value by $5,200.04 to $70,200 per year for Professional Lobbying and Consulting Services in Washington DC. APPROVED ON THE CONSENT CALENDAR 2.-E. ID 24-481 Approve a three-year Agreement with Dell Marketing L.P. to renew Microsoft Enterprise licensing for the City in the amount of $4,659,649.05, in accordance with purchasing procedures from cooperative purchase agreements as set forth in Administrative Order 3-1. APPROVED ON THE CONSENT CALENDAR 2.-F. ID 24-486 The above item was removed from the agenda by staff and tabled to an unknown date. TABLED 2.-G. ID 24-492 Actions pertaining to the Parks, After School Recreation and Community Services Department’s (PARCS) Summer Swim Program with Fresno Unified School District: 1. Approve a one-year facility use “Blue Space” Agreement with Fresno Unified School District (FUSD) to use FUSD high school pools for City-led swim lessons and recreational swim (aquatics). 2. Authorize the City Manager or designee to execute the Facility Use Blue Space Agreement with FUSD. APPROVED ON THE CONSENT CALENDAR 2.-H. ID 24-362 Actions pertaining to the City Studios affordable housing development located at 3876 North Blackstone Avenue, Fresno, California (District 4): 1. ***RESOLUTION - Authorizing acceptance of funding from the California Department of Housing and Community Development Homekey Round 3 Program in the amount of $9,598,131 for the City Studios project and authorizing the City Manager, or designee, to enter into and execute a standard agreement to secure the Homekey Round 3 program funds and to participate in the Homekey Round 3 Program. (Subject to Mayor’s veto) 2. ***RESOLUTION - Adopt the 50th Amendment to the Annual Appropriation Resolution (AAR) No. 2023-185 to appropriate $9,598,200 for the City Studios project from the Homekey Round 3 Program Grant. (Requires 5 Affirmative Votes) (Subject to Mayor’s veto) City of Fresno ***Subject to Mayoral Veto Page 14 City Council Meeting Minutes - Final April 18, 2024 3. ***RESOLUTION - Finding good cause and clear and convincing benefit to the public pursuant to Fresno Municipal Code Section 4- 204 relating to the disposition of real property identified as Assessor’s Parcel Number 436-260-22 (3876 North Blackstone Avenue) for an affordable housing development. (Requires 5 Affirmative Votes) (Subject to Mayor’s veto) 4. Approve a Memorandum of Understanding between the City of Fresno and Fresno Mission Communities, Inc. 5. Approve a Repair Services Agreement between the City of Fresno and RH Community Builders, LP. 6. Approve a License and Right of Entry Agreement between the City of Fresno and RH Community Builders, LP. RESOLUTION 2024-075 ADOPTED RESOLUTION 2024-076 ADOPTED RESOLUTION 2024-077 ADOPTED APPROVED ON THE CONSENT CALENDAR 2.-J. ID 24-483 Actions pertaining to the 2024 Law Enforcement Specialized Unit Program: ***RESOLUTION Adopt a Resolution authorizing acceptance of $203,143 in grant funding from the California Governor’s Office of Emergency Services’ Law Enforcement Specialized Unit Program for the Fresno Police Department’s Domestic Violence Unit 2024 Law Enforcement Specialized Unit Program (Subject to Mayor’s veto) RESOLUTION 2024-079 ADOPTED APPROVED ON THE CONSENT CALENDAR 2.-L. ID 24-465 Actions Pertaining to the Woodward and Roeding Tot Lots and ADA Accessibility Improvements Project, Bid File 12401362 (Council District 3 and Council District 6): 1. Adopt a finding of Categorical Exemption per staff’s determination, pursuant to Section 15301/Class 1 of the California Environmental Quality Act Guidelines, Environmental Assessment No. PC00362, for Roeding Tot Lot and ADA Accessibility Improvement Project; 2. Adopt of finding of Categorical Exemption per staff’s determination, pursuant to Section 15301/Class 1 of the California Environmental Quality Act Guidelines, Environmental Assessment No. PC00363, for Woodward Tot Lot and ADA Accessibility Improvement Project; 3. Award a construction contract in the amount of $1,962,257 to American Paving Company of Fresno, California, as the lowest responsive and responsible bidder for the Woodward and Roeding Tot Lots and ADA Accessibility Improvements Project. City of Fresno ***Subject to Mayoral Veto Page 15 City Council Meeting Minutes - Final April 18, 2024 Council President Perea recused herself from the above item because the consulting firm Quad Knopf is involved in the project and is also a source of income and business interest of hers. APPROVED ON THE CONSENT CALENDAR 2.-M. ID 24-468 Actions pertaining to the Chestnut Avenue Overlay Project, from Cesar Chavez Boulevard (Kings Canyon Road) to Butler Avenue (Bid File No. 12401042) (Council District 5): 1. Adopt a finding of Categorical Exemption per staff determination, pursuant to Sections 15301/Class 1, 15302/Class 2, and 15303/Class 3 of the California Environmental Quality Act (CEQA) Guidelines; 2. Award a construction contract in the amount of $1,484,956 to Cal Valley Construction, Inc. of Fresno, CA as the lowest responsive and responsible bidder. APPROVED ON THE CONSENT CALENDAR 2.-N. ID 24-477 Approve consultant services agreement with Akel Engineering Group, Inc., for a total amount not to exceed $120,000, to provide on-call water distribution system hydraulic modeling services (Bid File No. 12400549) (Citywide). APPROVED ON THE CONSENT CALENDAR 2.-O. ID 24-478 Actions pertaining to the Digester Centrifugal Pump Replacement at the Fresno-Clovis Regional Wastewater Reclamation Facility (Bid File 12400504-1) (Council District 3): 1. Adopt a finding of Categorical Exemption pursuant to Class 2, Section 15302 (Replacement or Reconstruction) of the California Environmental Quality Act Guidelines; 2. Approve the award of a purchase contract to Rockwell Engineering and Equipment Company, Inc., of Tustin, California, for the purchase of seven (7) heated sludge pumps in the amount of $107,305.51 for the Fresno-Clovis Regional Wastewater Reclamation Facility. APPROVED ON THE CONSENT CALENDAR 2.-P. ID 24-323 Award requirements contract for CNG Station Service and Maintenance with Chart International Inc. of Ball Ground, Georgia for two years for an amount not to exceed $315,936, with five optional one-year extensions (Bid File 12400018) APPROVED ON THE CONSENT CALENDAR 2.-R. ID 24-502 ***BILL B-10 (Intro’d April 4, 2024)(For Adoption) - Adding Article 35 to City of Fresno ***Subject to Mayoral Veto Page 16 City Council Meeting Minutes - Final April 18, 2024 Chapter 9 of the Fresno Municipal Code, Relating to Naloxone (Subject to Mayor’s Veto) Councilmember Bredefeld registered a no vote on the above item. ORDINANCE 2024-012 ADOPTED APPROVED ON THE CONSENT CALENDAR 2.-S. ID 24-531 ***Authorize the City Manager to accept $9,300,000 in grant funding from the San Joaquin River Conservancy to be used for the River West Project and execute all documents necessary for use of said funds. (Subject to Mayor’s Veto) The above item was removed from the agenda by Vice President Karbassi and tabled to an unknown date. TABLED 2.-T. ID 24-538 RESOLUTION 2024-080 ADOPTED APPROVED ON THE CONSENT CALENDAR 2.-U. ID 24-500 ***RESOLUTION - Declaring Outdoor Warming Fires to be a Health and Safety Hazard and a Public Nuisance and Direct the City Manager to Cause Them to be Extinguished (Subject to Mayor’s Veto). The above item was removed from the agenda by Councilmember Arias and tabled to May 2, 2024. TABLED CONTESTED CONSENT CALENDAR 2.-C. ID 24-498 Approve the appointment of Ronald Sheppard, and the reappointment of Frances Reyes Acosta to the Disability Advisory Commission. Approve the appointment of Brad Hardie to the Civil Service Board. Approve the reappointment of Paul Idsvoog to the Housing Authority of the City of Fresno. Approve the reappointments of Kimberly McCoy, Jon Dohlin and Jose Barraza to the Parks, Recreation, and Arts Commission. Councilmember Arias moved the above item to Contested Consent, however questions were answered by staff. There was no council discussion. APPROVED City of Fresno ***Subject to Mayoral Veto Page 17 City Council Meeting Minutes - Final April 18, 2024 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 24-452 Actions pertaining to the California Department of Toxic Substances Control’s Office of Brownfields Equitable Community Revitalization Grant for the Remediation of the 1457 H Street Site Round 2 (Council District 3): 1. ***RESOLUTION - Approve the Acceptance of Equitable Community Revitalization Grant Round 2 Funding from the State of California Department of Toxic Substances Control in the amount of $3,122,648 and authorize the City Manager or Designee to enter into and execute a grant agreement and any and all subsequent documents during the two-year funding period. (Subject to Mayor’s Veto) Councilmember Arias moved the above item to Contested Consent to discuss the completion of demolition. RESOLUTION 2024-078 ADOPTED On motion of Councilmember Arias, 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 2.-K. ID 24-408 Actions pertaining to the North Granville Avenue and East Behymer Avenue Safety Improvements Project (Bid File No. 12400905) (Council District 6): 1. Adopt a finding of Categorical Exemption pursuant to Section 15301/Class 1 of the California Environmental Quality Act Guidelines; 2. Award a construction contract in the amount of $624,487 to Dave Christian Construction Company Incorporated, of Fresno, California. Councilmember Bredefeld moved the above item to Contested Consent to discuss the start and completion of the project. APPROVED On motion of Councilmember Bredefeld, seconded by Vice President Karbassi, that the above Action Item be APPROVED. The motion City of Fresno ***Subject to Mayoral Veto Page 18 City Council Meeting Minutes - Final April 18, 2024 carried by the following vote: Aye: 7 - Perea, Karbassi, Arias, Maxwell, Chavez, Bredefeld and Esparza 2.-Q. ID 24-475 Actions pertaining to professional consulting services for the Vision Zero Action Plan (Citywide) 1. Approve a Professional Consultant Services Agreement with TDG Engineering, Inc., an affiliate of Toole Design Group, LLC., in the amount not to exceed four hundred thousand dollars ($400,000) and a contingency amount not to exceed fifteen thousand dollars ($15,000.00) for any additional work. Councilmember Bredefeld moved the above item to Contested Consent to discuss the importance of community engagement, collaboration, and tailored approaches in developing effective strategies to improve traffic safety and reduce injuries and fatalities. APPROVED On motion of Councilmember Bredefeld, 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 3. GENERAL ADMINISTRATION 3.-A. ID 24-368 WORKSHOP - Update from Fresno Housing The above workshop was presented to Council by Tyrone Williams. Council discussion on this item included: the amount given when applying for a voucher for rent purposes versus a developer. PRESENTED UNSCHEDULED COMMUNICATION Upon call, the following members of the public addressed Council: Brandi Nuse-Villegas; Ron Daliughi; Leslie Dillahunty; Lisa Flores; Dez Martinez; Lynn Owens, and Rikki Rodriguez. 4. CITY COUNCIL City of Fresno ***Subject to Mayoral Veto Page 19 City Council Meeting Minutes - Final April 18, 2024 5. CLOSED SESSION During open session, Chief Assistant City Attorney Badhesha announced the items that would be discussed in closed session. Council withdrew to closed session at 4:06 P.M. 5.-A. ID 24-470 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Ompreshia Vick v. City of Fresno; Fresno Superior Court Case No.: 23CECG00095 The above item was discussed in closed session. There were no open session announcements regarding this item. DISCUSSED 5.-B. ID 24-471 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Tammy Lynn Mitchell v. City of Fresno; Fresno Superior Court Case No.: 22CECG01107 The above item was discussed in closed session. There were no open session announcements regarding this item. DISCUSSED 5.-C. ID 24-518 CONFERENCE WITH LABOR NEGOTIATORS - Government Code Section 54957.6 City Negotiators: Jennifer Misner Employee Organization(s): 1. International Union of Operating Engineers, Stationary Engineers, Local 39 (Local 39); 2. Fresno City Employees Association (FCEA); 3. Fresno Police Officers Association (FPOA Basic), Unit 4; 4. International Association of Firefighters, Local 202, Unit 5 (Fire Basic); 5. Amalgamated Transit Union, Local 1027 (ATU); 6. International Brotherhood of Electrical Workers, Local 100 (IBEW); 7. Fresno Police Officers Association (FPOA Management) Unit 10; 8. International Association of Firefighters, Local 202, Unit 10 (Fire Management); 9. City of Fresno Professional Employees Association (CFPEA); 10. City of Fresno Management Employees Association (CFMEA). The above item was discussed in closed session. There were no open session announcements regarding this item. City of Fresno ***Subject to Mayoral Veto Page 20 City Council Meeting Minutes - Final April 18, 2024 DISCUSSED ADJOURNMENT City Council adjourned from the closed session at 4:30 P.M. The above minutes were approved by unanimous vote of the City Council during the May 2, 2024, regular meeting. City of Fresno ***Subject to Mayoral Veto Page 21