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, July 25, 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. 9:07 A.M. ROLL CALL Pursuant to the provisions of California Government Code section 54953, Councilmember Esparza attended the meeting remotely, via the Zoom platform. During roll call he announced that a contagious illness prevented him from attending in person. Due to the Councilmember’s remote attendance under these provisions, members of the public were also afforded the opportunity to participate remotely. All votes were made by 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 Rabbi Rick Winer from the Temple Beth Israel City of Fresno ***Subject to Mayoral Veto Page 1 City Council Meeting Minutes July 25, 2024 Rabbi Rick Winer 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: 2-F (ID 24-990) Actions pertaining to the expansion of the Litigation Unit in the City Attorney’s Office – the resolution is subject to mayoral veto. 2-GG (ID 24-945) regarding an agreement with the City of Fresno and Pacific Gas and Electric Company (PG&E) – the first sentence to the agenda title should be updated from “Actions pertaining to a State and Local Fiscal Recovery Funds Grant Agreement between the City of Fresno and Centra California Land Trust” to “Actions pertaining to an Agreement with the City of Fresno and Pacific Gas and Electric Company (PG&E)”. THE FOLLOWING ITEMS WERE REMOVED FROM THE AGENDA: 2-N (ID 24-912) Actions pertaining to a State and Local Fiscal Recovery Funds Grant Agreement between the City of Fresno and Central California Land Trust- Removed with no return date by staff and Councilmember Arias. 2-O (ID 24-913) Actions pertaining to land use for Tiny Homes - removed with no return date per Staff and Councilmember Arias. 2-P (ID 24-632) Third amendment to the service Agreement with Poverello House for professional triage center services at Naomi’s House and Clarion Pointe – removed to the August 15, 2024 meeting by Councilmember Arias. 2-Y (ID 24-925) Actions pertaining to the disposition of a City owned, undeveloped parcel situated at the northeast corner of South Hughes Avenue and West Dan Ronquillo Drive - moved to the August 15, 2024 meeting by Councilmember Arias. 9:10 A.M. #1 (ID 24-956) HEARING to adopt resolutions and ordinance City of Fresno ***Subject to Mayoral Veto Page 2 City Council Meeting Minutes July 25, 2024 amending Annexation Number 37 of the City of Fresno Community Facilities District Number 11 – staff continued this item to 9:10 A.M. on August 15, 2024. THE FOLLOWING CONSENT CALENDAR ITEMS WERE MOVED TO THE CONTESTED CONSENT CALENDAR FOR FURTHER DISCUSSION: 2-F (ID 24-990) Actions pertaining to the expansion of the Litigation Unit in the City Attorney’s Office – moved to Contested Consent by Councilmember Maxwell. 2-S (ID 24-934) Actions pertaining to a Permanent Local Housing Allocation Agreement between the City of Fresno and Karahunj, LLC – moved to Contested Consent by Councilmember Arias. 2-T (ID 24-914) Actions pertaining to the Fresno Police Department’s technology contract with Axon Enterprises, Inc. – moved to Contested Consent by Councilmember Arias. On motion of Councilmember Arias, seconded by Vice President Karbassi, the 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 24-939 Fresno Animal Center presents “Pet of the Month” PRESENTED COUNCILMEMBER REPORTS AND COMMENTS Councilmember Arias Reports and Comments: Announced an upcoming event hosted by the Hmong community, to celebrate the renaming of streets to “Cesar Chavez Blvd.”. Discussed an upcoming meeting to provide the public with updates and developments regarding “Art Hop” and Fulton Street. and Invited the public to provide feedback on the Draft South Central Specific Plan and Draft Tower District Specific Plan. City of Fresno ***Subject to Mayoral Veto Page 3 City Council Meeting Minutes July 25, 2024 Councilmember Maxwell Reports and Comments: Recognized Deputy District 4 Director Isabel Salazar for the high level and compassionate work she performed in District 4. Councilmember Chavez Reports and Comments: Acknowledged the Mayor and Regal Theaters for creating and extending the successful Senior Movie Night program to get people out of the heat. Reported that cooling centers would be open and available during the heatwave. Announced District 5 would working with non-profits to provide grants to seniors for small window air conditioning units. Councilmember Esparza Reports and Comments: Reported on a multi-organizational partnership with aims to bring semiconductor manufacturing to the area. Announced a Movies in the Park event at Manchester Park on August 2nd and District 7’s sixth annual Beat the Heat event at Romain Park. Vice President Karbassi Reports and Comments: Discussed the repairs to the Pinedale pool by the PARCS Department. Thanked Pinedale Elementary for allowing kids to beat the heat at the Water Wednesday events on campus. Congratulated former Chief Assistant City Attorney Raj Badhesha on his appointment to Superior Court judge. Recognized Executive Assistant to City Council, Marisol Sanchez, as one of the Employees of the Quarter recipients. Wished Councilmember Bredefeld a happy birthday. Discussed the recent executive order by the Governor that will provide the City of Fresno a tool to address the health and safety concerns of homeless encampments. Council President Perea Reports and Comments: thanked the Public Works crews for the constant repairs and upkeep in District 1. Welcomed Chief Assistant City Attorney Collette to the dais. Discussed the success and extension of District 1 Movies in the Park events. Announced the grand re-opening of Veterans of Foreign Wars Post 8900 following the recent roof collapse. Invited the public to the 2nd annual District 1 Backpack Giveaway and Movies in the Park event at Inspiration Park. MAYOR/MANAGER REPORTS AND COMMENTS City of Fresno ***Subject to Mayoral Veto Page 4 City Council Meeting Minutes July 25, 2024 Mayor Dyer Reports and Comments: Recognized Producers Dair and the Shehadey family for donating 38,000 water bottles to help people beat the heat. Announced that splashpads, pools and the free senior movie program were also available to help people deal with the extreme weather. Discussed the Memorandum of Understanding signed with Silicon Farms and SEMI that would help get the central valley involved in portions of the semiconductor business. Announced an upcoming citywide community cleanup event complete with an afterparty at the Manchester Center. City Manager White Reports and Comments: Discussed the success of the Cool Movies for Seniors program that was extended by Regal Cinemas. CITY CLERK AND CITY ATTORNEY REPORTS AND COMMENTS There were no Reports and Comments from City Clerk Stermer, or City Attorney Janz. 1. SCHEDULED COUNCIL HEARINGS AND MATTERS 9:10 A.M. #1 ID 24-956 HEARING to adopt resolutions and ordinance amending Annexation Number 37 of the City of Fresno Community Facilities District Number 11, Final Tract Map Number 6410, to change the types of Services, the rate and method of apportionment of the special tax, and the Maximum Special Tax to be levied (Located on the northeast corner of East Church Avenue and South Peach Avenue): (Council District 5) 1. ***RESOLUTION - Authorizing the Amendment of Annexation No. 37 of Community Facilities District No. 11 and the Levy of a New Maximum Special Tax; (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) - Amending Ordinance No. 2011-11 and Levying a Changed Maximum Special Tax for the Property Tax Year 2024-2025 and Future Tax Years Within and Relating to Community Facilities District No. 11, Annexation No. 37, Final Tract Map No. 6410. (Subject to Mayor’s Veto) The above item was removed from the agenda by staff and continued to August 15, 2024 at 9:10 A.M. CONTINUED City of Fresno ***Subject to Mayoral Veto Page 5 City Council Meeting Minutes July 25, 2024 9:10 A.M. #2 (CONTINUED TO AUGUST 15, 2024, AT 9:10 A.M.) ID 24-847 HEARING to consider of an appeal regarding the denial of Conditional Use Permit Application No. P22-03906, requesting authorization to establish a State of California Alcoholic Beverage Control (ABC) Type 21 (Off-Sale Beer, Wine, & Distilled Spirits) alcohol license for Circle “D” Food & Liquor store located at 2520 East Olive Avenue on the southeast corner of North Fresno Street and East Olive Avenue. (Council District 7) 1. DENY the Appellant’s appeal and UPHOLD the action of the Planning and Development Department Director to deny CUP Application No. P22- 03906 requesting authorization to establish a State of California Alcoholic Beverage Control Type 21 (Off-Sale Beer, Wine, & Distilled Spirits) alcohol license for a Circle “D” Food & Liquor store. CONTINUED AS NOTED 9:20 A.M. (CONTINUED TO AUGUST 29, 2024, at 9:20 A.M.) ID 24-858 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. CONTINUED AS NOTED 9:25 A.M. #1 ID 24-904 Actions pertaining to the acquisition of fee title interest of a parcel to benefit 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 451-064-18, owned by Erik Samuel Honarchian, for the construction of the Blackstone McKinley BNSF Grade Separation Project; 2. ***RESOLUTION - Determining that public interest and necessity require acquisition of fee interest of Assessor’s Parcel Number 451 -064-18, owned by Erik Samuel Honarchian, 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 item was called to order at 9:32 A.M. and was presented to City of Fresno ***Subject to Mayoral Veto Page 6 City Council Meeting Minutes July 25, 2024 Council by Supervising Real Estate Agent Bruno, and Licensed Professional Engineer Lehman. Upon call, the following members of the public addressed Council: Erik Samuel Honarchian, and Lisa Flores. Public comment closed at 9:47 A.M. Council discussion included: relocation of the property owner; attempts to contact the property owner for negotiations; and receiving a counter offer. RESOLUTION 2024-157 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 9:25 A.M. #2 ID 24-909 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 called to order at 9:47 A.M. and was presented to Council by Planning Manager Trejo. Upon call, the following members of the public addressed Council: Jessica Reuven, Margarita Tsalyuk, Jose Nino, Sema, Lisa Flores, and Luis Rosales. Public comment closed at 10:09 City of Fresno ***Subject to Mayoral Veto Page 7 City Council Meeting Minutes July 25, 2024 A.M. Council discussion included: location of the dispensary; opportunities to move the location; fined or convicted for selling to minors; presenting a letter to council; engaging the surrounding businesses, and community; businesses in opposition; permitting the type of businesses; understanding the dynamics of the area; the Fresno Fair, visitors, and events; documents provided from businesses; class action law suite filed against the business; real estate agreement timeline; regulating cannabis; approval by the Planning Director and Planning Commission; understanding the neighborhood, community, and city; engaging and convincing the community; and conditional use permits. Councilmember Chavez motioned to DENY and OVERTURN the decision of the Planning Commission to approve this Conditional Use Permit (CUP) on the basis that the CUP cannot be made because the project will be substantially adverse to the public health, safety, and general welfare of the community and is detrimental to the surrounding properties and improvements given its proximity to the Fresno Fairgrounds which is a location of community and family oriented events and therefore this site would not be appropriate. DECISION OF PLANNING COMMISSION DENIED AND OVERTURNED Councilmember Chavez motioned to DENY and OVERTURN the decision of the Planning Commission. Vice President Karbassi seconded the motion which PASSED by the following vote: Aye: 7 - Perea, Karbassi, Arias, Maxwell, Chavez, Bredefeld and Esparza 9:30 A.M. ID 24-906 Actions pertaining to the acquisition of fee title interest of a parcel to benefit 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 Numbers 446-232-37S and 446- 232-41, owned by Donald J. Dal Porto and Shirley M. Dal Porto, Trustees of the Donald and Shirley Dal Porto Trust dated August 23, 1983, as amended and restated October 14, 2005, for the City of Fresno ***Subject to Mayoral Veto Page 8 City Council Meeting Minutes July 25, 2024 construction of the Blackstone McKinley BNSF Grade Separation Project; 2. ***RESOLUTION - Determining that public interest and necessity require acquisition of fee interest for rights of way for public street purposes of APNs 446-232-37S and 446-232-41, owned by Donald J. Dal Porto and Shirley M. Dal Porto, Trustees of the Donald and Shirley Dal Porto Trust dated August 23, 1983, as amended and restated October 14, 2005, 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 item was called to order at 10:29 A.M. and was presented to Council by Supervising Real Estate Agent Bruno, and Licensed Professional Engineer Lehman. Upon call, the following members of the public addressed Council: C.William Bruer, and Lisa Flores. Public comment closed at 10:42 A.M. Council discussion included: facts regarding the applicants statement; inspection of the property for an appraisal; and moving forward with the project. RESOLUTION 2024-158 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, Karbassi, Arias, Chavez, Bredefeld and Esparza Absent: 1 - Maxwell 9:35 A.M. ID 24-884 HEARING to consider Plan Amendment and Rezone Application No. P22-00388, Vesting Tentative Tract Map No. 6360, Planned Development Application No. P22-00387, and Final Environmental Impact Report (FEIR) State Clearinghouse (SCH) No. 2022080152 for a proposed 326-lot single-family residential development on the northeast corner of North Armstrong Avenue and the East McKinley Avenue Alignment (Council District 7) - Planning and Development Department 1. CERTIFY Final EIR SCH No. 2022080152 for a proposed 326-lot single-family residential development, apply the Council's independent judgment and analysis to the review, and then adopt the resolution certifying the FEIR, as having been completed in City of Fresno ***Subject to Mayoral Veto Page 9 City Council Meeting Minutes July 25, 2024 compliance with the California Environmental Quality Act (CEQA) on the proposed Final EIR and comments thereon; and, a. ADOPT Findings of Fact as required by Public Resources Code Section 21082(a) and CEQA Guidelines, Section 15091; and, b. APPROVE the Mitigation Monitoring and Reporting Program as required by Public Resources Code Section 21081.6 and CEQA Guidelines Section 15092; and, c. ADOPT the Statement of Overriding Considerations as required by Public Resources Code, Section 21081(b) and CEQA Guidelines, Section 15093. 2. RESOLUTION - Approving Plan Amendment Application No. P22- 00388 proposing to amend the Fresno General Plan and McLane Community Plan from the Low Density Residential (±28.6 acres) planned land use designation to the Medium Density Residential (± 28.6 acres) planned land use designation. 3. BILL (for introduction and adoption) - Approving Rezone Application No. P22-00388 proposing to amend the Official Zone Map to reclassify the ±28.6 acre property from the RS-3 (Single Family Residential, Low Density) zone district to the RS-5 (Single Family Residential, Medium Density) zone district. 4. APPROVE Vesting Tentative Tract Map No. 6360 which requests authorization to subdivide an approximately 28.6-acre property for purposes of creating a 326-lot single family residential subdivision on the northeast corner of North Armstrong Avenue and the East McKinley Avenue Alignment subject to the findings and compliance with the Conditions of Approval included within the Staff Report to the Planning Commission dated July 3, 2024. 5. APPROVE Planned Development Permit Application No. P22-00387 which requests authorization to establish a gated community with private streets and modified property development standards subject to compliance with the Conditions of Approval dated July 3, 2024. The above item was called to order at 10:42 A.M. and was presented to Council by Supervising Planner Lang. Upon call, the following members of the public addressed Council: Dirk Poeschel, Sema, Lisa Flores, and Brandi N. Public comment closed at 10:50 A.M. Council discussion included: park funding, regional trail, and open space; changes in density; number of units; and single family homes square footage. RESOLUTION 2024-159 ADOPTED RESOLUTION 2024-160 ADOPTED City of Fresno ***Subject to Mayoral Veto Page 10 City Council Meeting Minutes July 25, 2024 BILL B-21 APPROVED / ORDINANCE ADOPTED AS 2024-021 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 9:40 A.M. ID 24-962 Actions pertaining to the acquisition of fee interest of a parcel to benefit the expansion of Radio Park: (Council District 7) 1. Adopt findings of a Mitigated Negative Declaration pursuant to Sections § 15070, 15075, 15150, and 15152 of the California Quality Act Guidelines, for Assessor’s Parcel Number 446-020-10; 2. HEARING to consider a Resolution of Necessity for acquisition of fee title interest of Assessor’s Parcel Number 446-020-10, owned by Mohamed Nasser Salem, for the Radio Park Expansion Project; 3. ***RESOLUTION - Determining that public interest and necessity require acquisition of fee interest of Assessor’s Parcel Number 446 -020-10, owned by Mohamed Nasser Salem, for the Radio Park Expansion Project and authorizing eminent domain proceedings for public use and purpose. (Requires 5 affirmative votes) (Subject to Mayor’s Veto) The above item was called to order at 10:51A.M. and was presented to Council by Supervising Real Estate Agent Bruno. Upon call, following members of the public addressed Council: Richard Conway, and Lisa Flores. Public comment closed at 11:08 A.M. There was no council discussion. RESOLUTION 2024-161 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 9:50 A.M. ID 24-910 Actions pertaining to the acquisition of fee interest of a parcel to benefit the City of Fresno ***Subject to Mayoral Veto Page 11 City Council Meeting Minutes July 25, 2024 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 Numbers 451-141-05 and 451- 141-16, owned by Tehal Singh Thind and Daljit Kaur, for the construction of the Blackstone McKinley BNSF Grade Separation Project; 2. ***RESOLUTION - Determining that public interest and necessity require acquisition of fee interest for rights of way for public street purposes of APNs 451-141-05 and 451-141-16, owned by Tehal Singh Thind and Daljit Kaur, 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 item was called to order at 11:08 A.M. and was presented to Council by Supervising Real Estate Agent Bruno, and Licensed Professional Engineer Lehman. Upon call, the following members of the public addressed Council: Sema, and Lisa Flores. Public comment closed at 11:15 A.M. There was no council discussion. RESOLUTION 2024-162 ADOPTED On motion of Councilmember Bredefeld, seconded by Councilmember Maxwell, that the above Action Item be ADOPTED. The motion carried by the following vote: Aye: 6 - Perea, Karbassi, Arias, Maxwell, Chavez and Bredefeld Absent: 1 - Esparza 10:00 A.M. ID 24-968 Appearance by Fernando Elizondo to discuss the use of recycled water at Roeding Park. (District 1 Resident) APPEARED 10:05 A.M. ID 24-969 Appearance by Carol Goiburn to discuss the right to live in a peaceful world. (District 4 Resident) APPEARED City of Fresno ***Subject to Mayoral Veto Page 12 City Council Meeting Minutes July 25, 2024 5:00 P.M. ID 24-899 HEARING to Consider an appeal regarding Development Permit Application No. P21-00989 and related Environmental Assessment for property located at 7056 North Prospect Avenue on the northeast corner of West Herndon and North Prospect Avenues (Council District 2) - Planning and Development Department. 1. ADOPT - Environmental Assessment No. P21-00989 dated February 9, 2024, a determination that the proposed project is exempt from the California Environmental Quality Act (CEQA) under a CEQA Guidelines Section 15332/Class 32 Categorical Exemption. 2. GRANT the appeal and UPHOLD the Planning and Development Director’s approval of Development Permit Application No. P21- 00989 authorizing the construction of an 82-unit private gated multi-family development, subject to the following: a. Development shall take place in accordance with the Conditions of Approval for Development Permit Application No. P21-00989 dated May 15, 2024. The above item was called to order at 5:36 P.M. and was presented to Council by Planning Manager Trejo. Upon call, the following members of the public addressed Council: Lincoln Owensby, Christopher Brown, Matt Nutting, Peter Nunez, Debbie Nard, Lauren Strope, John Zanoni, Rod Deluca, Dwight Nelson, Laura Grauis, Reid Everett, Tabuise Brookins, Jan Weston, Jennifer Owens, Dennis Nard, Greg Weaver, MIke Shirinian, Miguel Arambla, Lisa Peacock, Ryan Christensen, Kris Kuelper, Lenore Schreiber, Bruce Kalashian, Wes Kahshian, Tara Pehier, Hanna C., Brandi N., Lisa Flores, Miss 5250, and Invested Citizen. Public comment closed at 8:05 P.M. Council discussion included: the city wide rezone; general plan; minimum required noticing; surrounding parcels; the previous mayor; set back for the development; other parcels with the same type of development; open space; District 2 Project Review Committee findings; community meetings, and attendance; federal, state, and city requirements; completed traffic study, and concerns; new Costco development in the area; parking; pollution; job creation; public noticing; increased crime concerns; Section "8" vouchers; rent amounts, and average income; multifamily housing; generating students from the development; affordable housing; developer and residents rights; administration support for the project; number of units per acre City of Fresno ***Subject to Mayoral Veto Page 13 City Council Meeting Minutes July 25, 2024 allowed on the parcel; location of the four story building; completed noise study; arena housing goal; reasons for the size, height and views from the buildings; addressing concerns of the community; total investment for the development; when the project was started, noise level, sex offenders, paths of children walking to and from school, impacts on the neighborhood, traffic issues, CEQA guidelines, and Housing Accountability Act. Vice President Karbassi motioned to DENY the appeal and uphold the decision of the Planning Commission to overturn the approval issued by the director of planning and development and my motion is based on the following determination: Finding C of the development permit findings cannot be made because the project does not comply with the applicable design guidelines adopted by the Fresno City Council specifically finding one(1) of the minor deviation granted by the planning director cannot be met because the subject sites physical characteristics are not unusual, and therefore the deviation is not necessary because the deviation cannot be granted the project as designed is not consistent with the applicable design guidelines adopted by the city council and cannot be approved . Councilmember Bredefeld seconded the motion. APPEAL DENIED Vice President Karbassi motioned to DENY the appeal and uphold the decision of the Planning Commission to overturn the approval issued by the Director of Planning. Councilmember Bredefeld seconded the motion which PASSED by the following vote: Aye: 4 - Karbassi, Maxwell, Chavez and Bredefeld No: 3 - Perea, Arias and Esparza 2. CONSENT CALENDAR Upon call, for public comment on all Consent, Contested Consent and Closed Session items, no members of the public addressed Council. APPROVAL OF THE CONSENT CALENDAR On motion of Councilmember Maxwell, seconded by Councilmember Arias, the CONSENT CALENDAR was hereby adopted by the following vote: City of Fresno ***Subject to Mayoral Veto Page 14 City Council Meeting Minutes July 25, 2024 Aye: 6 - Perea, Karbassi, Arias, Maxwell, Chavez and Bredefeld Absent: 1 - Esparza 2.-A. ID 24-967 Approval of the minutes for June 20, 2024, regular meeting and June 27, 2024, regular meeting APPROVED ON CONSENT CALENDAR 2.-B. ID 24-944 Actions pertaining to professional water lobbying, consulting, and regulatory services: 1. Approve the First Amendment to the Consultant Services Agreement with The Gualco Group Inc., for a period of one year in the amount not to exceed $60,000 annually, plus reimbursable costs incurred under the agreement not to exceed $2,500 per year; and 2. Authorize the City Manager, or designee, the authority to execute the First Amendment and grant the optional one-year extension APPROVED ON CONSENT CALENDAR 2.-C. ID 24-947 Approve the reappointment of Julie Federico to the Historic Preservation Commission to a term ending June 30, 2028. APPROVED ON CONSENT CALENDAR 2.-D. ID 24-965 Approve a change order to the Master Service Agreement with Innovative Computing Systems, Inc., for $26,000, for document management software APPROVED ON CONSENT CALENDAR 2.-E. ID 24-941 ***RESOLUTION - Authorizing the submission of applications for CalRecycle grant program funds, including up to $350,000 annually for Waste Tire Enforcement, up to $100,000 per two-year grant term for Waste Tire Cleanup, and up to $40,000 per two-year grant term for Waste Tire Amnesty, and acceptance of funding in amounts to be determined by CalRecycle, and authorizing the City Attorney and/or designee to sign all necessary implementing documents (Subject to Mayor’s Veto). RESOLUTION 2024-163 ADOPTED APPROVED ON CONSENT CALENDAR 2.-G. ID 24-926 RESOLUTION - Of the Council of the City of Fresno, California, Making Certifications and Claims Concerning Measure C Extension Local Transportation Purposes Pass-Through Projects And Program Funds Annual Allocation For Fiscal Year 2024-2025 And Requesting Allocation Of Available Funds RESOLUTION 2024-165 ADOPTED City of Fresno ***Subject to Mayoral Veto Page 15 City Council Meeting Minutes July 25, 2024 APPROVED ON CONSENT CALENDAR 2.-H. ID 24-984 Approve the third amendment to the Bank of America contract for banking services for an additional term to expire on June 30, 2025. APPROVED ON CONSENT CALENDAR 2.-I. ID 24-961 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 $2,911,410 for the Fresno Fire Department APPROVED ON CONSENT CALENDAR 2.-J. ID 24-963 Award a requirements contract for Liquid Natural Gas (LNG) Fuel Station Maintenance to Chart International Inc of New Prague, Minnesota with offices in Rancho Dominguez and Valencia, California for two years, with four optional one-year extensions for $27,380 per year and a not-to-exceed contingency of $10,000 per year, plus annual CPI adjustments (Bid File 12401803) APPROVED ON CONSENT CALENDAR 2.-K. ID 24-957 Approve the purchase of laptops, desktops, tablets, servers and storage including related peripherals and services from Dell Technologies (Dell) in an amount not to exceed $4,000,000, utilizing Minnesota NASPO ValuePoint Master Agreement Number 23026, California Participating Addendum Number 7-23-70-55-01. Councilmember Bredefeld recused himself from the above item due to stock ownership. As such, this item was approved 5-0 by the following vote: Aye: 5 – Perea, Karbassi, Arias, Maxwell, Chavez Recused: 1 – Bredefeld Absent: 1 - Esparza APPROVED ON CONSENT CALENDAR 2.-L. ID 24-946 ***RESOLUTION - Authorizing the City Manager or designee to apply for a grant of up to $500,000 from the California Natural Resources Agency (CNRA) to provide programming at Camp Fresno for underserved youth and Authorizing the City Manager or designee to sign all related documents on behalf of the City. (Citywide) (Subject to Mayor’s Veto) City of Fresno ***Subject to Mayoral Veto Page 16 City Council Meeting Minutes July 25, 2024 RESOLUTION 2024-166 ADOPTED APPROVED ON CONSENT CALENDAR 2.-M. ID 24-966 Actions pertaining to environmental engineering services at Maxie L. Parks Community Center: 1. Approve a Second Amendment for Consultant Services with Kleinfelder, Inc. for Environmental Engineering Services in the amount not to exceed of $85,200 to provide additional services for Maxie L. Parks site located at 2165 South Elm Street, Fresno, CA 93706. 2. Authorize City Manager or designee to execute the agreement on behalf of the City of Fresno. APPROVED ON CONSENT CALENDAR 2.-N. ID 24-912 Actions pertaining to a State and Local Fiscal Recovery Funds Grant Agreement between the City of Fresno and Central California Land Trust: 1. Adopt a finding of Categorical Exemption pursuant to Section 15301/Class 1 of the California Environmental Quality Act (CEQA) Guidelines; and 2. Approve a State and Local Fiscal Recovery Funds Grant Agreement in the amount of $800,000 with Central California Land Trust for the acquisition and rehabilitation of two single-family homes to be sold and preserved as affordable housing. The above item was removed from the agenda by staff, and Councilmember Arias with no return date. TABLED 2.-O. ID 24-913 Actions pertaining to land use for Tiny Homes (Bid File 12303048): 1. Adopt a finding of an Affordable Housing Exemption in accordance with Section 15194 of the California Environmental Quality Act. 2. Approve an Agreement to provide up to 24 tiny homes to the Lowell Community Development Corporation to provide affordable housing to low income households at or below 60% of the area median income. The above item was removed from the agenda by staff, and Councilmember Arias with no return date. TABLED 2.-P. ID 24-632 Approve the Third amendment to the service Agreement with Poverello House for professional triage center services at Naomi’s House and City of Fresno ***Subject to Mayoral Veto Page 17 City Council Meeting Minutes July 25, 2024 Clarion Pointe, and to increase funding by $525,405.56 in Homeless, Housing Assistance, and Prevention funds (HHAP) for total program award $3,125,195.25. The above item was removed from the agenda by Councilmember Arias and continued to August 15, 2024. 2.-Q. ID 24-870 Approve First Amendment to the $1.8 million HOME Investment Partnerships Program Agreement with Blythe Village LP to increase the HOME funding contribution by an additional $800,000, per funding Resolution No. 2024-085, for a total of $2.6 million in HOME Investment Partnership Program funding to the project. (District 1) APPROVED ON CONSENT CALENDAR 2.-R. ID 24-902 Approve a First Amendment to the Emergency Solutions Grant (ESG) agreement between the City of Fresno and Poverello House to extend the term of the agreement through November 30, 2024, and increase the funding by $20,707.57 for a total award of $222,069.57 for Street Outreach within the City of Fresno. APPROVED ON CONSENT CALENDAR 2.-U. ID 24-938 Actions pertaining to the 2023 Edward Byrne Memorial Justice Assistance Grant (JAG) Program: 1. Authorize the Chief of Police to accept $416,847 in total grant funding for the 2023 JAG Program from the U.S. Department of Justice, Bureau of Justice Assistance for the City and County of Fresno 2. Authorize the Chief of Police to execute all related documents for the acceptance, modification, extension and administration of 2023 JAG Program 3. Authorize the Chief of Police to execute an agreement between the City of Fresno and the County of Fresno regarding the 2023 JAG Program 4. ***RESOLUTION - Adopt the 3rd Amendment to the Annual Appropriation Resolution (AAR) No. 2024-122 appropriating $338,500 for the Police Department’s Edward Byrne Memorial Justice Assistance (JAG) Grant Program (Requires 5 Affirmative Votes) (Subject to Mayor’s veto) RESOLUTION 2024-168 ADOPTED APPROVED ON CONSENT CALENDAR 2.-V. ID 24-919 Actions pertaining to the Manchester Skate Park Project: (Council District 7) 1. Affirm the City Manager’s finding that Provost & Pritchard Engineering Group Inc., dba Provost & Pritchard Consulting Group, is uniquely qualified; City of Fresno ***Subject to Mayoral Veto Page 18 City Council Meeting Minutes July 25, 2024 2. Approve the professional engineering and architectural services agreement with Provost & Pritchard Engineering Group Inc., dba Provost & Pritchard Consulting Group, of Fresno, California in the amount of $95,500, and a $10,000 contingency, for the design and construction support services for the Manchester Skate Park Project. APPROVED ON CONSENT CALENDAR 2.-W. ID 24-917 Actions pertaining to two City owned parcels located at 4561 North Wishon Avenue, Fresno, California (Assessor Parcel Numbers 426-071-23T and 426-071-24): (City of Fresno Sphere of Influence and County of Fresno) 1. Adopt a finding that the proposed transfer of a vacant parcel with an abandoned and sealed water pump station 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 proposed changes will have a significant effect on the environment pursuant to Section 15061(b)(3) of the California Environmental Quality Act Guidelines; 2. ***RESOLUTION - Declaring Assessor Parcel Numbers 426-071- 23T and 426-071-24 located at 4561 North Wishon Avenue, Fresno, California to be exempt surplus land (Subject to Mayor’s Veto); 3. Approve the execution of the Agreement for Purchase and Sale of Real Property and Escrow Instructions and authorize the City Manager, or designee, to execute the Purchase and Sale Agreement, associated Grant Deeds, and all documents relevant to the sale with Gary D. Catron and Leslie D. Catron, Trustees of the Catron Family Trust uta dated April 12, 2022, for the transfer of the Subject Property. RESOLUTION 2024-169 ADOPTED APPROVED ON CONSENT CALENDAR 2.-X. ID 24-920 Actions pertaining to the Veterans Boulevard Interchange Weekly Landscape Maintenance Services Project. (Council District 2): 1. ***RESOLUTION - Adopting the 4th Amendment to the Annual Appropriations Resolution (AAR) No. 2024-122 appropriating $324,900 for the Veterans Boulevard Interchange Weekly Landscape Maintenance Services; (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto) 2. Award a Requirements Contract in the amount of $264,109.39 with a $26,410.94 contingency to Elite Maintenance & Tree Service, Inc. of Clovis, California, as the best value for Weekly Landscape Maintenance Services in the Veterans Interchange Project Area. (Request for Proposal No. 12401839) City of Fresno ***Subject to Mayoral Veto Page 19 City Council Meeting Minutes July 25, 2024 RESOLUTION 2024-170 ADOPTED APPROVED ON CONSENT CALENDAR 2.-Y. ID 24-925 Actions pertaining to the disposition of a City owned, undeveloped parcel situated at the northeast corner of South Hughes Avenue and West Dan Ronquillo Drive (Council District 3): 1. Adopt a Categorical Exemption per Environmental Assessment Number P21-06225, pursuant to Section 15332/Class 32 of the California Environmental Quality Act Guidelines; 2. Adopt the attached Resolution of Intention Number 1153-D to vacate a portion of public street right of way at the northeast corner of South Hughes Avenue and West Dan Ronquillo Drive; 3. ***RESOLUTION - Declaring a portion of a public street right of way located at the northeast corner of South Hughes Avenue and West Dan Ronquillo Drive to be exempt surplus land (Subject to Mayor’s Veto); 4. ***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 surplus property located at the northeast corner of South Hughes Avenue and West Dan Ronquillo Drive; (Requires 5 Affirmative Votes) (Subject to Mayor’s veto); 5. Approve the execution of the Agreement for Purchase and Sale of Real Property and Escrow Instructions to sell a 0.15-acre (6,642 square feet) City owned, undeveloped parcel of land, identified as a portion of Assessor’s Parcel Number 458-090-83, located at the northeast corner of South Hughes Avenue and West Dan Ronquillo Drive in the amount of $18,911.00 to GS Central Valley Investments, LLC a California limited liability company, and authorize the City Manager or designee to execute the Purchase and Sale Agreement and associated Grant Deed for the transfer of the subject property. The above item was removed from the agenda by Councilmember Arias and tabled to August 15, 2024. 2.-Z. ID 24-915 RESOLUTION - Approving the summary vacation of a portion of Arthur Avenue between West Herndon Avenue and West Spruce Avenue. (Council District 2) RESOLUTION 2024-171 ADOPTED APPROVED ON CONSENT CALENDAR 2.-AA. ID 24-821 Active Transportation Advisory Committee (ATAC) Semi-Annual Report (November 2023 through April 2024). (Citywide) APPROVED ON CONSENT CALENDAR City of Fresno ***Subject to Mayoral Veto Page 20 City Council Meeting Minutes July 25, 2024 2.-BB. ID 24-918 RESOLUTION - Authorizing the Submission of a Grant Application to the Fresno Council of Governments 2024/25 Measure C New Technology Reserve Grant Program for Advanced Transit and Transportation Projects Totaling up to $3 Million in Requests for Funding; and Authorizing the Execution of a Grant Application and Grant Agreement documents by the Public Works Director or Designee. (District 6) RESOLUTION 2024-156 ADOPTED APPROVED ON CONSENT CALENDAR 2.-CC. ID 24-958 Authorize the Director of Public Utilities, or designee, to accept $ 1,415,099 from the Department of Resources Recycling and Recovery - SB1383 Local Assistance Grant Program, awarded to the Department of Public Utilities’ Solid Waste Management Division (Citywide). APPROVED ON CONSENT CALENDAR 2.-DD. ID 24-959 Actions pertaining to the Advanced Metering Infrastructure System (Citywide): 1. Affirm the City Manager’s finding that Badger Meter, Inc., is uniquely qualified to perform services related to the City of Fresno’s Advanced Metering Infrastructure system, in accordance with Administrative Order 6-19; 2. Approve a Software Purchase and Services Agreement with Badger Meter, Inc., for a term of five years and a not-to-exceed amount of $4,731,378.75. APPROVED ON CONSENT CALENDAR 2.-EE. ID 24-911 Authorize a one-year FAX revenue agreement, with two optional one-year extensions between the City of Fresno (City) and California State University, Fresno (CSUF), to provide transit services for CSUF students, faculty, and staff on Fresno Area Express (FAX) fixed-route buses for a total compensation not to exceed $125,000 annually. APPROVED ON CONSENT CALENDAR 2.-FF. ID 24-922 Actions pertaining to UPholdings affordable housing development located at 3787 N. Blackstone, Fresno, California (District 4): 1. ***RESOLUTION - Adopt a Resolution authorizing acceptance of funding from the California Department of Housing and Community Development Round 7 Affordable Housing and Sustainable Communities (AHSC) Program Award in the amount of $15,581,049.00 for Transportation Related Amenities and Sustainable Transportation Improvements associated with the Dakota affordable housing project and authorizing the City City of Fresno ***Subject to Mayoral Veto Page 21 City Council Meeting Minutes July 25, 2024 Manager, or designee, to enter into and execute a standard agreement to secure the AHSC program funds and participate in the AHSC Program (Subject to Mayor’s veto). RESOLUTION 2024-172 ADOPTED APPROVED ON CONSENT CALENDAR 2.-GG. ID 24-945 Actions pertaining to a State and Local Fiscal Recovery Funds Grant Agreement between the City of Fresno and Central California Land Trust: 1. Adopt Environment Assessment No. P24-945, dated July 25, 2024, a determination that the proposed project qualifies for categorical exemption as set forth in the California Environmental Quality Act (CEQA) Guidelines Section 15301/Class 1 and Section 15302/Class 2. 2. Approve an agreement with Pacific Gas and Electric Company (PG&E) in the amount of $194,704.11 for construction services to implement an electrical service extension to the Department of Transportation/Fresno Area Express (FAX) bus facility located at 2223 G Street and authorize the Director of Transportation or designee to execute all required documents. 3. ***RESOLUTION - Adopt a resolution authorizing an exception to the formal bidding procedures and award a Sole Source Agreement with Pacific Gas and Electric Company (PG&E) for the extension of electrical service to the FAX facility within the Municipal Service Center (Subject to Mayor’s Veto). During approval of the agenda, City Clerk Stermer announced the first sentence to the agenda title should be updated from “Actions pertaining to a State and Local Fiscal Recovery Funds Grant Agreement between the City of Fresno and Centra California Land Trust” to “Actions pertaining to an Agreement with the City of Fresno and Pacific Gas and Electric Company (PG&E)”. RESOLUTION 2024-155 ADOPTED APPROVED ON CONSENT CALENDAR 2.-HH. ID 24-955 ***RESOLUTION - to amend Resolution 2016-41 to require an annual report be made due to Council no later than April 30th of each year. (Subject to Mayor’s Veto) RESOLUTION 2024-173 ADOPTED APPROVED ON CONSENT CALENDAR City of Fresno ***Subject to Mayoral Veto Page 22 City Council Meeting Minutes July 25, 2024 2.-II. ID 24-975 BILL (For Introduction) - Amending Chapter 12, Article 4.12 of the Fresno Municipal Code Relating to the Fee Waiver Program Definition of Residential Infill Projects (Citywide) BILL B-22 INTRODUCED AND LAID OVER APPROVED ON CONSENT CALENDAR CONTESTED CONSENT CALENDAR 2.-F. ID 24-990 Actions pertaining to the expansion of the Litigation Unit in the City Attorney’s Office: ***RESOLUTION - Adopt the First Amendment to the Position Authorization Resolution (“PAR”) No. 2024-121, adding one full-time Senior Deputy City Attorney, one full-time Deputy City Attorney, two full-time City Attorney Investigators, one full-time Paralegal, and one full-time Legal Secretary positions in the City Attorney’s Office. During approval of the agenda, City Clerk Stermer announced the resolution is subject to mayoral veto. Councilmember Maxwell moved the above item to Contested Consent to discuss the money allocated to the theft unit. Council discussion included: how money will be spent; types of positions, and dedicated positions; timeline of the launch; and grant funding. RESOLUTION 2024-164 ADOPTED On motion of Councilmember Maxwell, seconded by Councilmember Bredefeld, that the above Resolution be ADOPTED. The motion carried by the following vote: Aye: 6 - Perea, Arias, Maxwell, Chavez, Bredefeld and Esparza Absent: 1 - Karbassi 2.-S. ID 24-934 Actions pertaining to a Permanent Local Housing Allocation Agreement between the City of Fresno and Karahunj, LLC for the construction of a multi-family senior affordable rental housing project location at 1514 East Bullard Avenue, Fresno (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 a Permanent Local Housing Allocation (PLHA) Agreement City of Fresno ***Subject to Mayoral Veto Page 23 City Council Meeting Minutes July 25, 2024 with Karahunj, LLC, in the amount of $1,000,000 for the construction of the Solterra Senior Living Affordable Rental Housing Development Phase I, located at 1514 East Bullard Avenue, Fresno, California 93710 Councilmember Arias moved the above item to Contested Consent to discuss the RFP, and the funding. Councilmember Maxwell Recused himself due to living within proximity of the project. Council discussion included: proposed, and types of units; the applicant; investments made to the project; the LLC; history of the project; project budget; other affordable projects; homelessness; return on investment; current unites available in the city; senior citizens and incomes; merits of the decision by staff; percentage of construction costs; market rate projects; rational for not going through the RFP and NOFA process; equal access to projects; affordable units in the project; average price of monthly rent; market rate cost of other units; other project completed without going through the NOFA process; need for housing; infill project; lobbyist; recourses from the state; supporting the project; funds available for other projects; and continuing the project. Councilmember Bredefeld motioned to CONTINUE the item. Councilmember Esparza seconded the motion which FAILED by the following vote: Aye: 3 - Chavez, Bredefeld and Esparza No: 2 - Perea, and Arias Absent: 1 - Karbassi Recused: 1 - Maxwell City Manager White subsequently withdrew the item from the agenda. WITHDRAWN 2.-T. ID 24-914 Actions pertaining to the Fresno Police Department’s technology contract with Axon Enterprises, Inc. 1. Award a sole source contract with Axon Enterprise, Inc., hereinafter referred to as “Axon” in an amount not to exceed $18,368,264.68 for City of Fresno ***Subject to Mayoral Veto Page 24 City Council Meeting Minutes July 25, 2024 five years ($1,247,549.76 year one, $1,871,789.27 year two, $3,702,094.40 year three, $5,659,592.77 year four and $5,887,238.48 year five) for the purchase, maintenance and upgrade of 800 body-worn cameras and TASERS, unlimited video and data storage through Evidence.com, a computer aided dispatch system (CAD system), a records management system (RMS system) and multiple software programs to increase efficiency, transparency and accountability within the department. 2. ***RESOLUTION - Adopt a Resolution authorizing the establishment of a contract for the purchase and service of body-worn cameras, TASERS, RMS and CAD systems, data storage and other related software with Axon Enterprises, Inc. without advertised competitive bidding (Subject to Mayor’s Veto) Councilmember Arias moved the above item to Contested Consent to discuss the additional language in the contract. Council discussion included: scope of the contract, and automatic renewal; control of the Police Department apparatus; in house software development; ownership of the content; free services and equipment; squaring up costs of the contract; recovering costs, and profit; partnership with the company; artificial intelligence for report writing; other companies with similar technologies providing the services; monopoly of the vendor; translation services; legal parameters; length of time with the company; developing a Request For Proposal (RFP) for the service provided; approving a four(4) year agreement; review of the reports; streamlining services; preferred method for prosecutions; lawsuits, and liability; implications of AI generated support; back up plan for company failure; issues with the providers system going down; current changes to the policy; responsibility of officers, meeting confer with the union to change the policy; workshop about Artificial Intelligence; and getting the best deal. Councilmember Arias gave direction to complete new RFP after five(5) years. RESOLUTION 2024-167 ADOPTED On motion of Councilmember Arias, seconded by President Perea, that the above Action Item be ADOPTED. The motion carried by the following vote: City of Fresno ***Subject to Mayoral Veto Page 25 City Council Meeting Minutes July 25, 2024 Aye: 7 - Perea, Karbassi, Arias, Maxwell, Chavez, Bredefeld and Esparza 3. GENERAL ADMINISTRATION 3.-A. ID 24-985 WORKSHOP - City of Fresno Retirement Systems The above item was removed from the agenda by the administration with no return date. UNSCHEDULED COMMUNICATION Upon call, the following members of the public addressed Council with unscheduled communication: Cindy Peombino, Pedro Colin Jr., Vincent Apodaca, Joseph Adam Rodriguez, Bob McKloski, Dakari Cleveland, Crystal Rocha, Dez Martinez, Charlie Hazel, Miss 5250, Hannah C., Brandi N., Jade Mcafee, Chimine Arfuso, Jazzmine Young, Lisa Flores, Luis Everk, and Steven Chan. 4. CITY COUNCIL 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 2:43 P.M. 5.-A. ID 24-970 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) City of Fresno v. County of Fresno; Fresno Superior Court Case No.: 24CECG01199 The above item was discussed in closed session. There were no open session announcements for this item. DISCUSSED 5.-B. ID 24-971 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) GPP II, LLC v. Central Valley Community Sports Foundation; City of Fresno; Fresno Superior Court Case No.: 24CECG02635 City of Fresno ***Subject to Mayoral Veto Page 26 City Council Meeting Minutes July 25, 2024 The above item was discussed in closed session. There were no open session announcements for this item. DISCUSSED 5.-C. ID 24-972 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Case Name: Johnny Barbosa, et al. v. City of Fresno, et al.; Fresno Superior Court Case No.: 23CECG03438 The above item was discussed in closed session. There were no open session announcements for this item. DISCUSSED 5.-D. ID 24-973 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Case Name: Ella Burton v. City of Fresno, et al.; Fresno Superior Court Case No.: 22CECG00712 The above item was discussed in closed session. There were no open session announcements for this item. DISCUSSED 5.-E. ID 24-997 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Government Code Section 54956.9, subdivision (d)(2) Potential Case Name: City of Fresno Fire & Police Retirement System, et al. v. City of Fresno The above item was discussed in closed session. There were no open session announcements for this item. DISCUSSED 5.-F. ID 24-979 CONFERENCE WITH LEGAL COUNSEL - PUBLIC SECURITY - Government Code Section 54957(a): Discuss security of City Hall. The above item was discussed in closed session to reschedule the item. There were no open session announcements for this item. DISCUSSED City of Fresno ***Subject to Mayoral Veto Page 27 City Council Meeting Minutes July 25, 2024 5.-G. ID 24-981 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 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 9; 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); 11. Fresno Airports Public Safety Officers Association (FAPSOA) The above item was discussed in closed session to reschedule the item. There were no open session announcements for this item. DISCUSSED ADJOURNMENT The Council meeting adjourned from regular session at 8:32 P.M. The above minutes were approved by unanimous vote of the City Council during the August 15, 2024, regular meeting. City of Fresno ***Subject to Mayoral Veto Page 28