City Council

City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Meeting Minutes 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, May 23, 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. 9:14 A.M. ROLL CALL Present: 6 - President Annalisa Perea Councilmember Miguel Angel Arias Councilmember Tyler Maxwell Councilmember Luis Chavez Councilmember Garry Bredefeld Councilmember Nelson Esparza Absent: 1 - Vice President Mike Karbassi Invocation by Executive Pastor, Darren Vorderbruegge from CrossCity Christian Church Pastor Vorderbruegge gave the invocation. Pledge of Allegiance to the Flag Councilmember Bredefeld led the Pledge of Allegiance. 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 May 23, 2024 There was an update to the second sentence of the Executive Summary of the staff report for Consent Calendar item 2-FF (ID 24-615) regarding Encampment Resolution Funding, Round 2. The sentence should read: SHE will utilize the ERF-2R funding to acquire a Mobile Home Park located at 104 E. Sierra Avenue and provide 12 units of affordable housing to extremely-low income households, 14 units to support very low-income households and up to 32 additional affordable units will be preserved as lower-income housing. The agenda title was updated for Consent Calendar item 2-SS (ID 24-649) regarding the 2024-2025 Californians For All Youth Service Corps Grant. The updated title should be: ***RESOLUTION - Adopting the 58th Amendment to the Annual Appropriation Resolution No. 2023-185 to Appropriate $1,702,800 for the administration of the One Fresno Youth Corps Grant. THE FOLLOWING ITEMS WERE REMOVED FROM THE AGENDA Proclamation (ID 24-534) for “Jewish American Heritage Month” - moved to the June 6, 2024, agenda by Councilmember Bredefeld. 9:20 A.M. (ID 24-557) scheduled item regarding Conditional Use Permit Application No. P21-06064 - moved to the June 13, 2024, agenda at 9:20 A.M. by Council President Perea. 9:25 A.M. (ID 24-592) scheduled item regarding an appeal of Cannabis Conditional Use Permit Application No. P23-03086 - moved to the June 13, 2024, agenda at 9:25 A.M. by Councilmember Chavez. 2-C (ID 24-663) regarding emergency veterinary services – moved to June 6, 2024, by staff. 2-QQ (ID 24-703) regarding a Grant Agreement with the African American Historical and Cultural Museum of the San Joaquin Valley - removed from the agenda by Councilmember Arias with no specified return date. City of Fresno ***Subject to Mayoral Veto Page 2 City Council Meeting Minutes May 23, 2024 2-UU (ID 24-729) regarding the exemption of 10 residential streets in Council District 3 - removed from the agenda by Councilmember Arias to return sometime in June. 4-A (ID 24-526) WORKSHOP regarding SEDA – moved to the June 6, 2024, agenda by Councilmember Chavez. THE FOLLOWING CONSENT CALENDAR ITEMS WERE MOVED TO THE CONTESTED CONSENT CALENDAR FOR FURTHER DISCUSSION 2-E (ID 24-640) regarding the 55th amendment to the Annual Appropriation Resolution to fund the Fire Department's shift replacement and Workers’ Compensation expenditures - moved to Contested Consent by Councilmember Arias. 2-S (ID 24-619) declaring APNs 510-326-32T and 510-326-33T to be surplus - moved to Contested Consent by Councilmember Arias. 2-T (ID 24-620) regarding the 2024 Urban Forest Management Plan - moved to Contested Consent by Councilmember Maxwell. 2-V (ID 24-625) regarding the 54th amendment to the Annual Appropriation Resolution for operating programs and previously approved capital improvement projects in the Public Works Department - moved to Contested Consent by Councilmember Arias. 2-W (ID 24-622) approving contract change order No. 2 to the requirements contract with ScrubCan, Inc. - moved to Contested Consent by Councilmember Arias. 2-X (ID 24-627) regarding a grant application to the State of California Department of Forestry and Fire Protection (CalFire’s) Urban and Community Forestry Grants Program - moved to Contested Consent by Councilmember Maxwell. 2-Z (ID 24-654) regarding South Central Fresno AB 617 Community Truck Reroute Study and related health assessment - moved to Contested City of Fresno ***Subject to Mayoral Veto Page 3 City Council Meeting Minutes May 23, 2024 Consent by Councilmember Arias. 2-FF (ID 24-615) regarding an Encampment Resolution Funding, Round 2 Agreement, between the City of Fresno and Self-Help Enterprises - moved to Contested Consent by Councilmember Bredefeld. 2-KK (ID 24-573) regarding the second amendment to the service agreement with Poverello House to extend the operation of an emergency shelter and professional triage services at Clarion Pointe - moved to Contested Consent by Councilmember Arias. 2-MM (ID 24-495) regarding the Bureau of Justice Assistance (BJA) Byrne Discretionary Grant - moved to Contested Consent by Councilmember Bredefeld. 2-PP (ID 24-706) regarding grant agreements between the City of Fresno (City) and the Fresno Economic Opportunity Commission (FEOC) / Advance Peace - moved to Contested Consent by Councilmember Bredefeld. On motion of Councilmember Arias, seconded by Councilmember Bredefeld,the agenda was ADOPTED AS AMENDED by the following vote: Aye: 6 - Perea, Arias, Maxwell, Chavez, Bredefeld and Esparza Absent: 1 - Karbassi CEREMONIAL PRESENTATIONS ID 24-556 Proclamation for “Older Americans Month” PRESENTED ID 24-534 Proclamation for “Jewish American Heritage Month” The above item was removed from the agenda by Councilmember Bredefeld with a return date of June 6, 2024. ID 24-544 Proclamation for “Public Works Week” PRESENTED City of Fresno ***Subject to Mayoral Veto Page 4 City Council Meeting Minutes May 23, 2024 ID 24-561 Fresno Animal Center presents “Pet of the Month” PRESENTED COUNCILMEMBER REPORTS AND COMMENTS Councilmember Arias Reports and Comments. Announced Self-Help Enterprise had begun building single family homes in west Fresno and invited Councilmembers to help. Councilmember Esparza Reports and Comments. Attended a facade improvement unveiling at Best Tours and Travels. Discussed the recent PARCS Department community meeting at Manchester Park regarding a splash pad and skate park. Announced Beautify Fresno cleaned the Leavenworth Elementary School neighborhood during the District 7 annual neighborhood blitz. Council President Perea Reports and Comments. Recognized The Reclaim: A Therapy Collective, as the District 1 Business of the Month. Acknowledged residents and staff for participating in various District 1 town hall budget meetings. Announced Justin Garza High School had opened a new aquatics complex. Congratulated the eleventh graduating class of the Fresno Chamber Junior Board. Invited the public to the Tower District for the Pride Parade on June 1, 2024. MAYOR/MANAGER REPORTS AND COMMENTS There were no reports or comments from the Mayor or City Manager. CITY CLERK AND CITY ATTORNEY REPORTS AND COMMENTS City Attorney Janz Reports and Comments. Reported more than 1,400 waste tires were collected a recent tire amnesty even in District 5. Announced Chief Assistant City Attorney Raj Badhesha had been appointed to the superior court by Governor Newsom. City Clerk Stermer Reports and Comments. Acknowledged and apologized to the Public Works Department for a technical error that prevented a Public Works Week video from being played. Announced the May 24, 2024, meeting of the Disability Advisory Commission for Housing had been canceled due to a lack of quorum. Reported the Council District 3 Project City of Fresno ***Subject to Mayoral Veto Page 5 City Council Meeting Minutes May 23, 2024 Review Committee was scheduled to meet May 28, 2024, at 5:30 P.M. in room 2165 at City Hall. 1. SCHEDULED COUNCIL HEARINGS AND MATTERS 9:10 A.M. ID 24-657 Appearance by Paul Haros to discuss the Central Valley Veterans Day Parade (District 3 Resident) APPEARED 9:15 A.M. #1 ID 24-636 HEARING for Consideration of Text Amendment Application No. P23-01018 and related Environmental Finding for Environmental Assessment No. P23-01018, amending Section 15-2009 of the Fresno Municipal Code, relating to locations where razor wire fencing is permitted. 1. ADOPTION of a finding set forth in Environmental Assessment No. P23-01018, that Text Amendment Application No. P23- 01018 is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303/Class 3 of the CEQA Guidelines. 2. BILL (for introduction) amending Chapter 15 of the Fresno Municipal Code, Section 15-2009, relating to the locations where razor wire fencing is permitted. The above item was called to order at 10:01 A.M. and was presented to Council by Supervising Planner Gilbert. Upon call, following members of the public addressed Council: Dez Martinez. Public comment closed at 10:12 A.M. Council discussion included: revisions for cemeteries, freeways and railroad uses. Councilmember Arias clarified that razor wire was not allowed for residential uses, including shelters, and that would remain unchanged after passing this item. Councilmember Arias motioned to approved the item with the following revisions: that we allow for cemeteries alongside rail lines and commercial and industrial businesses alongside freeways, to be included in the qualification for razor wire along those corridors. BILL B-13 INTRODUCED AS AMENDED AND LAID OVER. City of Fresno ***Subject to Mayoral Veto Page 6 City Council Meeting Minutes May 23, 2024 On motion of Councilmember Arias, seconded by Councilmember Bredefeld, that the above Action Item be APPROVED AS AMENDED. The motion carried by the following vote: Aye: 6 - Perea, Arias, Maxwell, Chavez, Bredefeld and Esparza Absent: 1 - Karbassi 9:15 A.M. #2 ID 24-637 HEARING to consider Text Amendment Application No. P24-01100 and related Environmental Finding for Environmental Assessment No. P24-01100, amending Section 15-2706, 15-7604, and 15-6802 of the Fresno Municipal Code, relating to the sale of alcoholic beverages for off-site consumption, Commercial Use Classification of General Market, and definitions. 1. ADOPT Environmental Assessment No. P24-01100, dated April 15, 2024, that Text Amendment Application No. P24-01100 is exempt from the California Environmental Quality Act (CEQA) pursuant to the commonsense exemption that it can be seen with certainty that there is no possibility that the proposed text amendment may have a significant effect on the environment pursuant to CEQA Guidelines Section 15061(b)(3). 2. BILL (for introduction) - Amending Section 15-2706, 15-6704, and 15-6802 of the Fresno Municipal Code, relating to the sale of alcoholic beverages for off-site consumption, Commercial Use Classification of General Market, and definitions. The above item was called to order at 10:13 A.M. and was presented to Council by Project Liaison Mouavangsou. Upon call, the following members of the public addressed Council: Dez Martinez. The hearing was closed at 10:24 A.M. Council discussion on this item included the purpose of the revisions and the success of policies to decrease the number of licenses for alcohol sales. BILL B-14 INTRODUCED AND LAID OVER On motion of Councilmember Arias, seconded by Councilmember Esparza, that the above Action Item be APPROVED. The motion carried by the following vote: Aye: 6 - Perea, Arias, Maxwell, Chavez, Bredefeld and Esparza Absent: 1 - Karbassi City of Fresno ***Subject to Mayoral Veto Page 7 City Council Meeting Minutes May 23, 2024 9:20 A.M. ID 24-557 HEARING to consider Conditional Use Permit Application No. P21-06064, (Council District 1) - Planning & Development. 1. DENY the appeal and UPHOLD the action of the Planning Commission to deny Conditional Use Permit Application No. P21- 06064 requesting authorization to establish a State of California Alcoholic Beverage Control (ABC) Type 20 alcohol license (Off-Sale beer and wine) for a proposed Arco AM/PM combination automobile service station and convenience store. The above item was removed from the agenda by Council President Perea and tabled to June 13, 2024, at 9:20 A.M. 9:25 A.M. ID 24-592 HEARING to Consider an appeal regarding Cannabis Conditional Use Permit Application No. P23-03086 and related Environmental Assessment for property located at 4555 East Kings Canyon Road on the northeast corner of East Kings Canyon Road and South Jackson Avenue (Council District 5) - Planning and Development Department 1. ADOPT - Environmental Assessment No. P23-03086 dated November 9, 2023, a determination that the proposed project is exempt from the California Environmental Quality Act (CEQA) Guidelines through a Section 15301/Class 1 Categorical Exemption. 2. DENY the appeal and UPHOLD the action of the Planning and Development Department Director in the approval of Cannabis Conditional Use Permit Application No. P23-03086 authorizing the establishment of a cannabis retail business in an approximately 2,100 square foot existing commercial building, subject to the following: a. Development shall take place in accordance with the Conditions of Approval for Cannabis Conditional Use Permit Application No. P23-03086 dated January 9, 2024. The above item was removed from the agenda by Councilmember Chavez and tabled to June 13, 2024. 2. CONSENT CALENDAR Upon call, for public comment on all Consent, Contested Consent and Closed Session items, the following members of the public addressed Council: Ivanka Saunders (2-Z); Leticia Casillas Luquin (2-FF); Mariah (2-FF); Brandi Nuse-Villegas (2-FF, 2-G, 2-LL); Dez Martinez (2-FF); Natalie City of Fresno ***Subject to Mayoral Veto Page 8 City Council Meeting Minutes May 23, 2024 Delgado (2-Z). Councilmember Chavez Recused himself from agenda item 2-GG (24-601) as he lives near the project. APPROVAL OF THE CONSENT CALENDAR On motion of Councilmember Arias, seconded by Councilmember Esparza, the CONSENT CALENDAR was hereby adopted by the following vote: Aye: 6 - Perea, Arias, Maxwell, Chavez, Bredefeld and Esparza Absent: 1 - Karbassi 2.-A. ID 24-629 Approval of the minutes for May 2, 2024, regular meeting APPROVED ON CONSENT CALENDAR 2.-B. ID 24-650 Approve the First Amendment to the service agreement with Animal Balance, a California Public Benefit Nonprofit Corporation, in the amount of $160,000 for a total contract amount of $342,200 for spay and neuter surgical services at the Fresno Animal Center and extend the term of the service agreement to October 31, 2024. APPROVED ON CONSENT CALENDAR 2.-C. ID 24-663 Actions pertaining to RFP 12401385 for Emergency Veterinary Services: 1. Approve a nineteen (19) month Professional Services Agreement with 24/7 Pet Vets for an amount not to exceed $400,000 for emergency veterinary services. 2. Authorize the City Manager or designee to execute the Professional Services Agreement and sign all related documents on behalf of the City. The above item was removed from the agenda by staff and tabled to June 6, 2024. TABLED 2.-D. ID 24-580 Actions pertaining to Sherpa Government Solutions quote to upgrade the City of Fresno’s Budget Formulation and Management (BFM) software application (Bid File No. 9635): 1. Approve the First and Second Amendments to the Sherpa Budget Formulation and Management License and Service Agreement for a two-year agreement, not to exceed a one-time cost of $34,000 in FY 2024 and $25,000 per year fee starting in FY 2025, not to City of Fresno ***Subject to Mayoral Veto Page 9 City Council Meeting Minutes May 23, 2024 exceed $50,000, for a total not to exceed $84,000. 2. Authorize the City Manager, or designee, to sign the First and Second Amendments to the Sherpa Budget Formulation and Management License and Service Agreement on behalf of the City. APPROVED ON CONSENT CALENDAR 2.-F. ID 24-635 Actions pertaining to American Rescue Plan Act (ARPA) funding: 1. Approve the Second Amendment to the agreement with Centro La Familia Advocacy Services (CLFA) allocating an additional $75,000 in ARPA funding and extend the term one year to support the administrative and infrastructure needs. APPROVED ON CONSENT CALENDAR 2.-G. ID 24-711 Actions pertaining to a Grant Agreement funded by American Rescue Plan Act (ARPA) between City of Fresno (City) and Arte Americas: 1. Approve the First Amendment to the Grant Agreement (Agreement) with Arte Americas, extending the contract term to December 31, 2024, to support project completion. APPROVED ON CONSENT CALENDAR 2.-H. ID 24-612 Approve the award of a Cooperative Purchase Agreement to Papé Machinery of Fowler, California, for the purchase of one John Deere 772G motor grader in the amount of $446,134 for the Department of Public Utilities, Wastewater Management Division APPROVED ON CONSENT CALENDAR 2.-I. ID 24-591 Approve the award of a cooperative purchase agreement to Golden State Fire Apparatus, Inc. of Sacramento, California, a Pierce Manufacturing distributor, for the purchase of two Pierce heavy fire apparatuses in the amount of $2,816,856 for the Fresno Fire Department APPROVED ON CONSENT CALENDAR 2.-J. ID 24-696 Approve the award of a cooperative purchase agreement to Quinn Company of Fresno, California, for the purchase of one Caterpillar tandem vibratory roller in the amount of $203,706 for the Department of Public Works, Street Maintenance Division APPROVED ON CONSENT CALENDAR City of Fresno ***Subject to Mayoral Veto Page 10 City Council Meeting Minutes May 23, 2024 2.-K. ID 24-700 ***RESOLUTION - Adopt the 56th Amendment to the Annual Appropriation Resolution No. 2023-185 to reallocate $500,000 from Fleet Contingency to the Fleet Operations Fund to pay for inventory expense obligations through June 30, 2024 (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto) RESOLUTION 2024-090 ADOPTED APPROVED ON CONSENT CALENDAR 2.-L. ID 24-623 Approve use of Fresno Municipal Code Section 4-502(d), Design-Build Qualifications Method of procurement for the H Street Parking Structure Project generally bounded by Mono Street, Kern Street, Union Pacific Railroad and H Street (Council District 3). APPROVED ON CONSENT CALENDAR 2.-M. ID 24-621 Approve a Fourth Amendment to the Consultant Services Agreement with Blair Church & Flynn Consulting Engineers, Inc., in the amount of $40,300, for a total increased contract amount of $210,030, with an additional $8,000 remaining in contingency, for civil engineering design services and preparation of construction documents for the Southbound Polk Avenue Widening Project from Gettysburg Avenue to Shaw Avenue (Council District 1). APPROVED ON CONSENT CALENDAR 2.-N. ID 24-606 Approve the Third Amendment to the Consultant Services Agreement with Electrical Power Systems, Inc., of Fresno, California, in the amount of $49,076, increasing the total contract amount to $251,321, to provide expanded services on the Substation Expansion Project at the Fresno-Clovis Regional Wastewater Reclamation Facility (Council District 3). APPROVED ON CONSENT CALENDAR 2.-O. ID 24-634 Approve the Agreement for Purchase and Sale of Real Property and Escrow Instructions to acquire fee interest of a 1.37-acre (59,677 square feet) parcel located at 1649-1715 North Blackstone Avenue (Assessor’s Parcel Number 444-314-19), for a total cost of $3,058,700, for the construction of the Blackstone McKinley BNSF Grade Separation Project (Council Districts 1 and 7). APPROVED ON CONSENT CALENDAR 2.-P. ID 24-628 Approve an agreement for Professional Engineering services with O’Dell Engineering, Inc. of Fresno, California, in the amount of $291,735, with a $29,174 contingency, for design and construction support services for the City of Fresno ***Subject to Mayoral Veto Page 11 City Council Meeting Minutes May 23, 2024 E Street Complete Streets Project from El Dorado Street to Ventura Avenue (Council District 3). APPROVED ON CONSENT CALENDAR 2.-Q. ID 24-630 RESOLUTION - A Resolution of the Council of the City of Fresno, California granting authority to the City Manager or designee to execute Uniform Relocation Act Rental Assistance Program packages for commercial tenants being relocated as a result of the Blackstone McKinley BNSF Grade Separation Project (Council Districts 1 and 7). RESOLUTION 2024-091 ADOPTED APPROVED ON CONSENT CALENDAR 2.-R. ID 24-631 Approve an agreement for Professional Engineering Services with Provost and Pritchard Consulting Group Inc., of Clovis, California, in the amount of $287,700, with an $80,000 contingency, for design and construction support services for the Blackstone Avenue Smart Mobility Project from Pine Avenue to State Route 180 (Council Districts 1, 3 and 7). APPROVED ON CONSENT CALENDAR 2.-U. ID 24-618 RESOLUTION - Of Intention to Annex Final Tract Map Number 6392 as Annexation Number 149 to the City of Fresno Community Facilities District Number 11 and to Authorize the Levy of Special Taxes; and setting the public hearing for Thursday, June 27, 2024, at 9:15 am (located on the southwest corner of East Florence Avenue and South Walnut Avenue) (Council District 3). RESOLUTION 2024-094 ADOPTED APPROVED ON CONSENT CALENDAR 2.-Y. ID 24-624 Actions pertaining to Initiating Proceedings and Declaring Intention to Levy the Annual Assessment for the City of Fresno Landscaping and Lighting Maintenance District No. 1; and setting the public hearing for June 27, 2024, at 9:20 a.m. (Citywide): 1. RESOLUTION - Initiating proceedings for the annual levy of assessment for Landscaping and Lighting Maintenance District No . 1; 2. RESOLUTION - Of Intention to levy of assessment for Landscaping and Lighting Maintenance District No. 1. RESOLUTION 2024-097 ADOPTED RESOLUTION 2024-098 ADOPTED APPROVED ON CONSENT CALENDAR City of Fresno ***Subject to Mayoral Veto Page 12 City Council Meeting Minutes May 23, 2024 2.-AA. ID 24-594 Award a requirements contract to Holloway Environmental Solutions, LLC, for the removal of biosolids from the Fresno-Clovis Regional Wastewater Reclamation Facility, for three years with an option for two one-year extensions, in the amount of $5,687,500 per year plus price adjustments not to exceed ten percent annually (Bid File 12401371) (Council District 3). APPROVED ON CONSENT CALENDAR 2.-BB. ID 24-596 Award a requirements contract to Brenntag Pacific, Inc., for the purchase of citric acid, for three years with an option for two one-year extensions, in the amount of $30,424.68 per year plus annual Consumer Price Index increases (Bid File 12401502) (Council District 3). APPROVED ON CONSENT CALENDAR 2.-CC. ID 24-597 Award a requirements contract to Chemtrade Chemicals US, LLC., for the purchase of bulk aluminum sulfate, for three years with an option for two one-year extensions, in the amount of $4,597,832.25. (Bid File 12400533) (Citywide) APPROVED ON CONSENT CALENDAR 2.-DD. ID 24-653 Actions pertaining to the Daleville Avenue Sewer Construction Project (Unincorporated Fresno County): 1. Adopt a finding of Categorical Exemption per staff determination pursuant to Class 1, Section 15301 (Existing Facilities) of the California Environmental Quality Act Guidelines; 2. ***RESOLUTION - Authorizing the Director of Public Utilities, or designee(s), to prepare and submit grant applications, accept funds, and execute any financial assistance agreements and amendments with the California State Water Resources Control Board on behalf of the City of Fresno for the planning, design, and construction of the Daleville Avenue Sewer Construction Project. (Subject to Mayor’s Veto) RESOLUTION 2024-099 ADOPTED APPROVED ON CONSENT CALENDAR 2.-EE. ID 24-648 Actions pertaining to an Agreement to Transfer Ownership of Wastewater Assets and Wastewater Service between Pinedale Public Utility District and the City of Fresno (City of Fresno Sphere of Influence, County of Fresno, and City of Fresno Council District 2): 1. Adopt a finding that the proposed transfer of wastewater assets and assumption of wastewater services is exempt from the California Environmental Quality Act pursuant to the common sense exemption in that it can be seen with certainty that there is no possibility the City of Fresno ***Subject to Mayoral Veto Page 13 City Council Meeting Minutes May 23, 2024 proposed changes will have a significant effect on the environment pursuant to Section 15061(b)(3) of the California Environmental Quality Act Guidelines. 2. Approve an Agreement to Transfer Ownership of Wastewater Assets and Wastewater Service between Pinedale Public Utility District and the City of Fresno. APPROVED ON CONSENT CALENDAR 2.-GG. ID 24-601 RESOLUTION - Approve the Second Amendment to Resolution No. 2015-83 to add the property located at 3504 E. Huntington Blvd. to the existing Historic District upon request of the property owner (Council District 7) Councilmember Chavez recused himself from the above Consent Calendar item as he lives near the project. As such, this item was APPROVED 5-0 by the following vote: Aye: 5 - Perea, Arias, Maxwell, Bredefeld and Esparza Absent: 1 - Karbassi Recused: 1 - Chavez RESOLUTION 2024-100 ADOPTED APPROVED ON CONSENT CALENDAR 2.-HH. ID 24-568 Approve the First Amendment to the Service Agreement with Mental Health Systems to operate Fresno Home as an emergency shelter for unhoused individuals extending the contract term to June 30, 2025, and increasing funding by $1,492,659.40 in Homeless Housing, Assistance, and Prevention funds (HHAP) for a total program award of $2,941,843.29. APPROVED ON CONSENT CALENDAR 2.-II. ID 24-603 Approve a First Amendment to the Service Agreement with Turning Point of Central California to operate the Golden State Triage Center emergency shelter extending the contract term twelve months to June 30, 2025, and increasing funding by $1,599,726.12 through Homeless Housing, Assistance, and Prevention (HHAP) program funds, for a total contract value of $3,154,460.23. APPROVED ON CONSENT CALENDAR 2.-JJ. ID 24-567 Approve a First Amendment to the Service Agreement with Turning Point of Central California to operate the Bridge Point Triage Center emergency shelter extending the contract term to June 30, 2025, and increasing City of Fresno ***Subject to Mayoral Veto Page 14 City Council Meeting Minutes May 23, 2024 funding by $915,036.58 in Homeless Housing, Assistance, and Prevention funds (HHAP). APPROVED ON CONSENT CALENDAR 2.-LL. ID 24-564 Approve a First Amendment to the Service Agreement with Marjaree Mason Center to operate a homeless family emergency shelter by extending the contract term to June 30, 2025, and increasing funding by $113,472.00 in Homeless Housing, Assistance, and Prevention funds (HHAP). APPROVED ON CONSENT CALENDAR 2.-NN. ID 24-704 ***RESOLUTION - Authorize the City Manager or designee to apply for a grant of up to $200,000 from the California Public Utilities Commission to fund Digital Literacy Education and Digital Access and Authorize the City Manager or designee to execute all documents related to this grant on behalf of the City (Citywide) (Subject to Mayor’s Veto) RESOLUTION 2024-101 ADOPTED APPROVED ON CONSENT CALENDAR 2.-OO. ID 24-705 ***RESOLUTION- Actions Pertaining to a Grant Application for Community Violence Intervention and Prevention Funding (Citywide) (Subject to Mayor’s Veto): 1. Authorize the City Manager or designee to apply for a $2,000,000 grant from the Community Violence Intervention and Prevention Initiative (CVIPI) administered by the Federal Bureau of Justice Assistance (BJA); and 2. Authorize the City Manager or designee to execute the Grant Agreement and sign all documents related to this grant on behalf of the City. RESOLUTION 2024-102 ADOPTED APPROVED ON CONSENT CALENDAR 2.-QQ. ID 24-703 Actions Pertaining to a Grant Agreement with the African American Historical and Cultural Museum of the San Joaquin Valley (AAHCMSJV) for Interior and Exterior Deferred Maintenance Facility Projects (District 3): 1. Approve the Grant award of $200,000 to AAHCMSJV for interior and exterior deferred maintenance facility projects. 2. Authorize the City Manager or designee to execute the Grant Agreement and sign all related documents on behalf of the City. The above item was removed from the agenda by Councilmember Arias and tabled with no specified return date. City of Fresno ***Subject to Mayoral Veto Page 15 City Council Meeting Minutes May 23, 2024 TABLED 2.-RR. ID 24-727 ***RESOLUTION: Adopt the Tenth Amendment to Fiscal Year 2024 Salary Resolution No. 2023-183, amending Exhibit 2, Unit 2, Non-Represented Management and Confidential Classes, by adding the new classification of Executive Assistant to the City Council and providing the E19 salary range of $4,376 - $6,477 per month for the respective class, effective June 3, 2024 (Subject to Mayor’s Veto) RESOLUTION 2024-103 ADOPTED APPROVED ON CONSENT CALENDAR 2.-SS. ID 24-649 Actions pertaining to the 2024-2025 CaliforniansForAll Youth Service Corps Grant 1. Approve the 2024-2025 CaliforniansForAll Youth Service Corps Grant and authorize the City Manager or designee to execute all grant related documents. 2. ***RESOLUTION - Adopting the 58th amendment to the Annual Appropriation Resolution (AAR) No. 2023-185 appropriating $1,702,800 for the OneFresno Youth Jobs Corps Program (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto) During approval of the agenda, City Clerk Stermer announced the agenda title for this item had been updated to: ***RESOLUTION - Adopting the 58th Amendment to the Annual Appropriation Resolution No. 2023-185 to Appropriate $1,702,800 for the administration of the One Fresno Youth Corps Grant." RESOLUTION 2024-104 ADOPTED APPROVED ON CONSENT CALENDAR 2.-TT. ID 24-633 Approve the Second Amendment to the professional consultant agreement with PCubed Associates, Inc., a California corporation to provide additional design and engineering services to analyze the feasibility of meeting Title 24 requirements and the feasibility of replacing the diesel-powered emergency generator in the original scope with a hydrogen-powered emergency generator, increasing monetary consideration in an amount not to exceed $59,700 for a total contract price not to exceed $655,000, and authorize the Director of Transportation or designee to execute all related documents. APPROVED ON CONSENT CALENDAR City of Fresno ***Subject to Mayoral Veto Page 16 City Council Meeting Minutes May 23, 2024 2.-UU. ID 24-729 ***RESOLUTION - Exempting 10 Residential Streets In Council District 3 From Certain Requirements of Resolution No. 2022-035, The Residential Street Speed Hump Policy (Subject to Mayor’s Veto) The above item was removed from the agenda by Councilmember Arias and tabled to June 6, 2024. TABLED CONTESTED CONSENT CALENDAR 2.-E. ID 24-640 ***RESOLUTION - Adopt the 55th Amendment to the Annual Appropriation Resolution No. 2023-185 to increase appropriations by $3,157,000 for the Fire Department to fund Shift Replacement and Workers’ Compensation expenditures projected above the FY 2024 Amended Budget. (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto) Councilmember Arias moved the above item to Contested Consent to discuss how it relates to the FY 25 proposed budget. Council discussion on this item included: appropriations made to the budget; under funding of the Fire Department; overtime; budgeting in other departments. RESOLUTION 2024-089 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: 6 - Perea, Arias, Maxwell, Chavez, Bredefeld and Esparza Absent: 1 - Karbassi 2.-S. ID 24-619 ***RESOLUTION - Declaring APNs 510-326-32T and 510-326-33T to be surplus and directing staff to comply with the Surplus Land Act (Council District 1) (Subject to Mayor’s Veto). Councilmember Arias moved the above item to Contested Consent to discuss revenue generated from the surplus land sale. Council discussion on this item included: revenue allocated to a new Police Department helicopter; a grand jury report on under utilized properties; City of Fresno ***Subject to Mayoral Veto Page 17 City Council Meeting Minutes May 23, 2024 former and new fire stations, and; other surplus properties. RESOLUTION 2024-092 ADOPTED On motion of Councilmember Arias, seconded by Councilmember Bredefeld, that the above Action Item be ADOPTED. The motion carried by the following vote: Aye: 6 - Perea, Arias, Maxwell, Chavez, Bredefeld and Esparza Absent: 1 - Karbassi 2.-T. ID 24-620 ***RESOLUTION - Adopt a Resolution of the Council of the City of Fresno, California to Approve and Adopt the 2024 Urban Forest Management Plan (Subject to Mayor’s Veto). Councilmember Maxwell moved the above item to Contested Consent to discuss the 2024 Urban Forest Management Plan report. Council discussion on this item included: tree canopy trends in neighborhoods; tree canopy percentage compared to other cities; tree canopy increases over 50 years; the number of trees to be planted to meet goals; the cost of the study; tree equity in highest needs neighborhoods; appropriations allocated to trees in the proposed FY25 budget; subsidies; Cal Fire grant funding; Measure "P" money for freeway embankment cleanup; maintenance of trees; outside entities maintaining their jurisdictions; Measure "P" and Measure "C" funds; funding gaps for parks, and; Council infrastructure budgets. RESOLUTION 2024-093 ADOPTED On motion of Councilmember Maxwell, seconded by Councilmember Esparza, that the above Action Item be ADOPTED. The motion carried by the following vote: Aye: 6 - Perea, Arias, Maxwell, Chavez, Bredefeld and Esparza Absent: 1 - Karbassi 2.-V. ID 24-625 ***RESOLUTION - Adopting the 54th Amendment to the Annual Appropriation Resolution No. 2023-185 to appropriate $1,199,100 for operating programs and previously approved capital improvement projects in the Public Works Department (citywide) (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto). City of Fresno ***Subject to Mayoral Veto Page 18 City Council Meeting Minutes May 23, 2024 Councilmember Arias moved the above item to Contested Consent to get clarification on the cost savings for previously approved capital improvement projects. Council discussion on this item included adding these appropriations to the FY25 budget and timelines for money to be spent. RESOLUTION 2024-095 ADOPTED On motion of Councilmember Arias, seconded by Councilmember Maxwell, that the above Action Item be ADOPTED. The motion carried by the following vote: Aye: 6 - Perea, Arias, Maxwell, Chavez, Bredefeld and Esparza Absent: 1 - Karbassi 2.-W. ID 24-622 Approve Contract Change Order No. 2 to the Requirements Contract with ScrubCan, Inc. of Fresno for Business Corridor Litter Abatement Services, extending the contract by two (2) one-year terms for an amount not to exceed $359,616 per year, for a total contract value not to exceed $1,078,848 (Bid File Number 12301221) (Citywide). Councilmember Arias moved the above item to Contested Consent to discuss current boundaries. Council discussion on this item included: adjusting the boundary lines; the schedule that ScrubCan operates in the area; adjusting the days and boundary lines. Councilmember Arias requested the department to bring an update regarding the cost to adjust the boundary lines to end at Harrison Avenue or Fruit Avenue instead of Echo Avenue. Council President Perea requested a meeting to discuss the schedule which ScrubCan operates. APPROVED On motion of Councilmember Arias, seconded by President Perea, that the above Action Item be APPROVED. The motion carried by the following vote: Aye: 6 - Perea, Arias, Maxwell, Chavez, Bredefeld and Esparza City of Fresno ***Subject to Mayoral Veto Page 19 City Council Meeting Minutes May 23, 2024 Absent: 1 - Karbassi 2.-X. ID 24-627 RESOLUTION - Authorizing the Submission of a Grant Application to the State of California Department of Forestry and Fire Protection (CalFire’s) Urban and Community Forestry Grants Program totaling up to $1,500,000 in funding; and Authorizing the Execution of a Grant Application and Grant Agreement documents by the Public Works Director or Designee (Citywide) Councilmember Maxwell moved the above item to Contested Consent to discuss previous grant applications. Council discussion on this item included: dollar amount of the grant and the timeline of the award; scope of work; contingency plans if grant is not awarded; other grant opportunities; irrigation funded by grants; grant funding utilized for the urban forestry management plan for tree planting, and; eligible Council Districts. RESOLUTION 2024-096 ADOPTED On motion of Councilmember Maxwell, seconded by Councilmember Esparza, that the above Action Item be ADOPTED. The motion carried by the following vote: Aye: 6 - Perea, Arias, Maxwell, Chavez, Bredefeld and Esparza Absent: 1 - Karbassi 2.-Z. ID 24-654 Actions pertaining to South Central Fresno AB 617 Community Truck Reroute Study and related Health Assessment: 1. Approve the Second Amendment to the Consultant Services Agreement with Arcadis, formerly IBI Group, for additional consultant services related to the Truck Reroute Study, extending the agreement to September 30, 2024 and increasing funds in the amount of $52,670 for a total contract amount of $302,670 (Council Districts 1, 3, 5, and 7), and 2. Approve the Second Amendment to Research Agreement with the University of California, Merced, related to the Health Assessment, extending the agreement to September 30, 2024, at no additional monetary compensation, for a total contract amount of $303,473. (Council Districts 1, 3, 5, and 7). Councilmember Arias moved the above item to Contested Consent to discuss additional outreach. City of Fresno ***Subject to Mayoral Veto Page 20 City Council Meeting Minutes May 23, 2024 Council discussion on this item included: anticipated date for the Truck Reroute Study for Council consideration; roads that should not be truck routes; geographic map of the truck routes; advisory verses policy document; updating circulation maps, and; additional meetings. 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, Arias, Maxwell, Chavez, Bredefeld and Esparza Absent: 1 - Karbassi 2.-FF. ID 24-615 Actions pertaining to an Encampment Resolution Funding, Round 2 Agreement between the City of Fresno and Self-Help Enterprises for acquisition, rehabilitation and site development of a mobile home park located at 104 E. Sierra Avenue, Fresno to allow for the placement of affordable housing units (District 6): 1. Adopt a Categorical Exemption per staff determination pursuant to Section 15332/Class 32 of the California Environmental Quality Act (CEQA) Guidelines 2. Approve an Encampment Resolution Funding, Round 2 Agreement with Self-Help Enterprises in the amount of $3,500,000 Councilmember Bredefeld moved the above item to Contested Consent to discuss the project funding. Council discussion on this item included: protections to ensure the developer meets commitments; the number of units and types of homes; assurances to prevent crime, fires, and code violations. During approval of the agenda, City Clerk Stermer noted the second sentence of the Executive Summary of the staff report should read: SHE will utilize the ERF-2R funding to acquire a Mobile Home Park located at 104 E. Sierra Avenue and provide 12 units of affordable housing to extremely-low income households, 14 units to support very low-income households and up to 32 additional affordable units will be preserved as lower-income housing. APPROVED City of Fresno ***Subject to Mayoral Veto Page 21 City Council Meeting Minutes May 23, 2024 On motion of Councilmember Bredefeld, seconded by Councilmember Arias, that the above Action Item be APPROVED. The motion carried by the following vote: Aye: 6 - Perea, Arias, Maxwell, Chavez, Bredefeld and Esparza Absent: 1 - Karbassi 2.-KK. ID 24-573 Approve a Second Amendment to the Service Agreement with Poverello House to extend the operation of an emergency shelter and professional triage services for unhoused individuals at Clarion Pointe to May 31, 2025, and increase funding by $1,319,019.24 in Homeless, Housing, Assistance, and Prevention funds (HHAP) for a total program award of $3,079,107.43. Councilmember Maxwell moved the above item to Contested Consent to discuss the number of beds and rooms available. Council discussion on this item included: breakdown and transition of beds and rooms; total capacity; placement of individuals in need of emergency shelter; outreach to homeless individuals; how often the emergency shelters reach capacity; priority of District 4 residents in need of emergency shelter; funding sources, and length of time funds are extended; consequences of the state not funding the projects, and; the number of beds funded by HHAP and the length of time the additional funding will last. APPROVED On motion of Councilmember Maxwell, seconded by Councilmember Esparza, that the above Action Item be APPROVED. The motion carried by the following vote: Aye: 6 - Perea, Arias, Maxwell, Chavez, Bredefeld and Esparza Absent: 1 - Karbassi 2. ID 24-495 Actions Pertaining to the Bureau of Justice Assistance (BJA) Byrne -MM. Discretionary Grant: 1. Approving a grant subrecipient agreement (Agreement) with the Fresno Economic Opportunities Commission (EOC) to provide reimbursement for mental health services for Advance Peace Fellows and violence impacted individuals in amount not to exceed $270,000. 2. Authorizing the City Manager or Designee to execute the Agreement on behalf of the City of Fresno. City of Fresno ***Subject to Mayoral Veto Page 22 City Council Meeting Minutes May 23, 2024 Councilmember Bredefeld moved the above item to Contested Consent to discuss the qualifications of Dr. Tucker. Council discussion on this item included: the scope of work including cognitive behavioral therapy which requires licensure as a therapist. TABLED TO JUNE 6, 2024 On motion of Councilmember Arias, seconded by Councilmember Chavez, that the above Action Item be CONTINUED. The motion carried by the following vote: Aye: 6 - Perea, Arias, Maxwell, Chavez, Bredefeld and Esparza Absent: 1 - Karbassi 2.-PP. ID 24-706 Actions pertaining to grant agreements between the City of Fresno (City) and the Fresno Economic Opportunity Commission (FEOC)/Advance Peace: 1. Approve a second amendment to the American Rescue Plan Act (ARPA) grant agreement between the City and the FEOC/Advance Peace to extend the grant term through December 31, 2024 to provide violence intervention and prevention services to at -risk youth. 2. Approve a one-year grant agreement between the City and FEOC/Advance Peace for an amount not to exceed $375,000 from the General Fund to provide violence intervention and prevention services to at-risk youth. 3. Authorize the City Manager or designee to execute the amendment and grant agreement on behalf of the City. Councilmember Bredefeld moved the above item to Contested Consent to ensure that stipends were not included in the contract. APPROVED On motion of Councilmember Bredefeld, seconded by Councilmember Esparza, that the above Action Item be APPROVED. The motion carried by the following vote: Aye: 6 - Perea, Arias, Maxwell, Chavez, Bredefeld and Esparza Absent: 1 - Karbassi City of Fresno ***Subject to Mayoral Veto Page 23 City Council Meeting Minutes May 23, 2024 3. GENERAL ADMINISTRATION There were no General Administration items on the agenda. UNSCHEDULED COMMUNICATION Upon call, the following people addressed Council with unscheduled communication: Traci Robertson (homeless shelters, bridging divisions within Fresno and Porchfest), Lisa Flores (vetting homeless grants and programs before renewal, lack of notice before commencing park projects and Porchfest) The following people discussed the incident of violence against three women at the Tower District Porchfest event and the need for it to be prosecuted as a hate crime against Palestinians: Mike Rhodes, Jade Mcafee, Lana (a victim of the violence), Jim Grant, Areej Latif, Linda Tubach, Zahra (a victim of the violence), Moe Lash, Lori Garcia, Samai, Mel (a victim of the violence), Robert McCloskey (also, cease fire in Gaza and the treatment of homeless people in Fresno), Bee, Sarah, Valeria Rodriguez, Layli Shirani, Alex P., Zeina Rousan, Layla Darwish and Hashid K. 4. CITY COUNCIL 4.-A. ID 24-526 WORKSHOP - SEDA The above item was removed from the agenda by Councilmember Chavez and tabled to June 6, 2024. 5. CLOSED SESSION During open session, City Attorney Janz announced each of the items that would be discussed in closed session. Council withdrew to closed session at 2:34 P.M. 5.-A. ID 24-718 CONFERENCE WITH LABOR NEGOTIATORS - Government Code Section 54957.6 City Negotiators: Jennifer Misner; Sumeet Malhi Employee Organization(s): 1. International Union of Operating Engineers, Stationary Engineers, Local 39 (Local 39); 2. Fresno City Employees City of Fresno ***Subject to Mayoral Veto Page 24 City Council Meeting Minutes May 23, 2024 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 for this item. DISCUSSED 5.-B. ID 24-724 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Government Code Section 54956.9, subdivision (d)(2) Case Name: City of Fresno v. Jaime Rivera (Code Enforcement case number E24-02048) The above item was discussed in closed session. There were no open session announcements for this item. DISCUSSED ADJOURNMENT The Council meeting adjourned from closed session at 3:21 P.M. The above minutes were approved by unanimous vote of the City Council during the June 6, 2024, regular meeting. City of Fresno ***Subject to Mayoral Veto Page 25