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, October 31, 2024 9:00 AM Council Chambers Regular Meeting The City Council met in regular session in the Council Chamber, City Hall, on the date and time above written 9:05 A.M. ROLL CALL Present: 6 - President Annalisa Perea Vice President Mike Karbassi Councilmember Miguel Angel Arias Councilmember Luis Chavez Councilmember Garry Bredefeld Councilmember Nelson Esparza Absent: 1 - Councilmember Tyler Maxwell Invocation by Michael Loera, Young Adults Pastor of Family Christian Assembly Michael Loera 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-BB (ID 24-1382) regarding actions pertaining to final map of Tract No. City of Fresno ***Subject to Mayoral Veto Page 1 City Council Meeting Minutes October 31, 2024 6379 – Language in the legend of sheets 4 and 5 of Subdivision Map of Tract No. 6379 has been updated. The text next to the triangle with a circle inside now reads as follows: Previously dedicated to the City of Fresno as an easement for public street and public utility purposes per deed recorded [blank space], 2024 as document no. 2024- [blank space], O.R.F.C. THE FOLLOWING ITEMS WERE REMOVED FROM THE AGENDA: 9:10 A.M. (ID 24-1411) regarding hearing to adopt resolutions and ordinance to annex territory and Levy a Special Tax regarding City of Fresno Community Facilities District Number 9, Annexation Number 63 (Territory known as Assessor’s Parcel Number 511-250-02) (Located on the east side of North Blythe - tabled to November 7, 2024 at 9:10 A.M. by staff. 2-E (ID 24-1435) regarding a grant agreement with Lighthouse for Children, Inc. to support a partnership with the Dollywood Foundation for the Imagination Library Program – tabled to November 21, 2024 by Councilmember Maxwell and Staff. THE FOLLOWING CONSENT CALENDAR ITEMS WERE MOVED TO THE CONTESTED CONSENT CALENDAR FOR FURTHER DISCUSSION: 2-V (ID 24-1398) Approve an Agreement with Community Health Improvement Partners to administer an Independent Living Home - Rapid Rehousing program (ILA-RR) in the total amount of $2,882,282.63 using Encampment Resolution Funding (ERF-3R) - was moved to Contested Consent by Councilmember Bredefeld. Councilmember Bredefeld Recused himself from Consent Calendar item 2-H (ID 24-1340) due to owning stock. On motion of Councilmember Arias, seconded by Councilmember Esparza,the Agenda was APPROVED AS AMENDED. The motion carried by the following vote: Aye (6): Perea, Karbassi, Arias, Chavez, Bredefeld and Esparza Absent (1): Maxwell City of Fresno ***Subject to Mayoral Veto Page 2 City Council Meeting Minutes October 31, 2024 On motion of Councilmember Arias, seconded by Councilmember Chavez, the Agenda was RECONSIDERED. The motion carried by the following vote: Aye (6): Perea, Karbassi, Arias, Chavez, Bredefeld and Esparza Absent (1): Maxwell On motion of Councilmember Arias, seconded by Councilmember Chavez, the Agenda was to Remove item 2-KK (ID 24-11478) with no return date. The motion carried by the following vote: Aye (6): Perea, Karbassi, Arias, Chavez, Bredefeld and Esparza Absent (1): Maxwell On motion of Councilmember Arias, seconded by Councilmember Chavez, the Agenda was APPROVED AS AMENDED. The motion carried by the following vote: Aye: 6 - Perea, Karbassi, Arias, Chavez, Bredefeld and Esparza Absent: 1 - Maxwell CEREMONIAL PRESENTATIONS ID 24-1344 Proclamation for Red Ribbon Week PRESENTED ID 24-1405 “Proclamation of Fresno Police Department SWAT Team’s 50th Anniversary” PRESENTED ID 24-1404 “Proclamation for Disability Awareness Month” PRESENTED ID 24-1323 “Honoring Joy Goto New Honorary Consul of Japan in Fresno” PRESENTED ID 24-1475 Proclamation for Manufacturing Month PRESENTED City of Fresno ***Subject to Mayoral Veto Page 3 City Council Meeting Minutes October 31, 2024 COUNCILMEMBER REPORTS AND COMMENTS Councilmember Arias Reports and Comments: Acknowledged the residents of West Fresno who participated in painting the historic pedestrian lights on Kerney Boulevard. Announced a $100,000 investment by District 3 to restore and repair the historic signage, aiming to beautify the area. Acknowledged the police department for arresting an arsonist responsible for several dumpster fires in Downtown Fresno and Chinatown. Councilmember Chavez Reports and Comments: Acknowledged the police response to the recent incident where an officer was ambushed. Expressed gratitude to the special unit team that was honored with a proclamation. Well-Wishes were extended for a speedy recovery for the injured officers and for continued support for the other officers involved in the incident. Councilmember Esparza Reports and Comments: Echoed Councilmember Chavez remarks expressing gratitude to the police department for their service regarding the incident where an officer was shot. Attended the Special Guerrilla Units (SGU) Veterans Reception at the Fresno Center, honoring the courage and sacrifice of SGU veterans and their families. Attended the Central Valley Latino Leadership Academy (CVLA) graduation ceremony, congratulating the fellows on their achievements and growth as community leaders. Participated in a Trunk or Treat event at Manchester Center Halloween celebration organized with the police department, Manchester Center, and community organizations. Wished everyone a safe and happy Halloween, reminding families to stay safe while trick-or-treating. Vice President Karbassi Reports and Comments: Wished everyone a happy Halloween, reminded drivers to watch for trick-or-treaters, and encouraged parents to be vigilant. Attended a Trunk or Treat at Kratt Elementary and Gibson Elementary and the Literary Festival at Bullard Talent, expressing appreciation to Fig Garden Village for welcoming trick-or-treaters. Acknowledged Diwali, the Hindu festival of lights, and wished everyone celebrating a safe holiday. Congratulated the Los Angeles Dodgers fans on the recent win, with a special shoutout to Kevin Mahan for being a fan. Expressed gratitude to Directors Scott Mozier and Jennifer Clark for their informative and patient collaboration. Recognized the Public Works City of Fresno ***Subject to Mayoral Veto Page 4 City Council Meeting Minutes October 31, 2024 Department for their ongoing work on the Marks Avenue project, thanking crews for maintaining traffic flow and improving the road. Mentioned landscaping improvements along the Audubon Corridor and a new traffic signal. Participated in the “Firefighter for a Day” challenge, gaining an appreciation for the physical demands of the job and the value of the Automatic External Defibrillator (AED). Acknowledged the recent injury of a sergeant in the line of duty, appreciating the Mayor, Chief Casto, and Employee Services for their leadership and support. Recognized the sacrifice of the officer’s family and highlighted the bravery of law enforcement in keeping the community safe. Council President Perea Reports and Comments: Acknowledged the ongoing infrastructure projects throughout District One, including road repairs, curb and gutter improvements, and sidewalk fixes, with thanks to the public works team for prioritizing these efforts. Hosted several meetings across the district, engaging with neighbors on topics like public safety and community growth, with support from the Planning Department and Police Department. Hosted a community-centered Pumpkins in the Park event at Trolley Park in the historical Fresno High District. Recognized the City Attorney and Code Enforcement team for securing a tobacco grant, highlighting its importance for public safety. MAYOR/MANAGER REPORTS AND COMMENTS Mayor Dyer Reports and Comments: Appreciation expressed to council members who reached out regarding the sergeant who was shot in the line of duty. The sergeant showed remarkable bravery, pursuing a suspect after being shot multiple times, and displayed a positive attitude during a hospital visit, eager to return to work. Announced the free vaccination and microchipping clinic held at the animal center in partnership with the San Francisco SPCA. Due to high demand, another clinic is planned soon. Attended an event at Campus Point highlighting the new Hino Oishi restaurant the largest in Fresno, and possibly the largest in California. Announced the opening of 57 new housing units and the development of the Hyatt House hotel contributing to Fresno's economic growth. CITY CLERK AND CITY ATTORNEY REPORTS AND COMMENTS There were no reports from City Clerk Stermer, or City Attorney Janz. City of Fresno ***Subject to Mayoral Veto Page 5 City Council Meeting Minutes October 31, 2024 1. SCHEDULED COUNCIL HEARINGS AND MATTERS 9:10 A.M. ID 24-1411 HEARING to adopt resolutions and ordinance to annex territory and Levy a Special Tax regarding City of Fresno Community Facilities District Number 9, Annexation Number 63 (Territory known as Assessor’s Parcel Number 511-250-02) (Located on the east side of North Blythe Avenue, south of West Ashlan Avenue): (Council District 1) 1. ***RESOLUTION - to Annex Territory to Community Facilities District No. 9 and Authorizing the Levy of a Special Tax for Annexation No. 63; (Subject to Mayor’s Veto) 2. ***RESOLUTION - Calling Special Mailed-Ballot Election; (Subject to Mayor’s Veto) 3. ***RESOLUTION - Declaring Election Results; (Subject to Mayor’s Veto) 4. ***BILL - (For introduction and adoption) - Levying a Special Tax for the Property Tax Year 2024-2025 and Future Tax Years Within and Relating to Community Facilities District No. 9, Annexation No. 63. (Subject to Mayor’s Veto) During approval of the agenda, City Clerk Stermer announced this item was tabled to November 21, 2024 at 9:10 A.M. by staff. TABLED 9:20 A.M. (CONTINUED TO NOVEMBER 7, 2024, AT 9:20 A.M.) ID 24-1307 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. ID 24-1400 HEARING to consider adoption of a resolution designating a property to the Local Register of Historic Resources. 1. RESOLUTION - Designating the Property Located at 1235 N. Arthur Avenue to the Local Register of Historic Resources (Council District City of Fresno ***Subject to Mayoral Veto Page 6 City Council Meeting Minutes October 31, 2024 3) The above item was called to order at 9:16 A.M. and was presented to Council by Historic Preservation Specialist Chen. Upon call, no members of the public addressed Council. Public comment closed at 10:21 A.M. There was no Council discussion. RESOLUTION 2024-250 ADOPTED On motion of Councilmember Chavez, seconded by Councilmember Bredefeld, that the above Action Item be ADOPTED. The motion carried by the following vote: Aye: 5 - Perea, Karbassi, Chavez, Bredefeld and Esparza Absent: 2 - Arias and Maxwell 9:30 A.M. ID 24-1403 HEARING to consider adoption of a Resolution designating a property to the Local Register of Historic Resources. 1. RESOLUTION - Designating the Property Located at 914 F Street to the Local Register of Historic Resources (Council District 3) The above item was called to order at 10:21A.M. and was presented to Council by Historic Preservation Specialist Chen. Upon call, no members of the public addressed Council. Public comment closed at10:27A.M. There was no Council discussion. RESOLUTION 2024-251 ADOPTED On motion of Councilmember Chavez, seconded by Councilmember Bredefeld, that the above Action Item be ADOPTED. The motion carried by the following vote: Aye: 5 - Perea, Karbassi, Chavez, Bredefeld and Esparza Absent: 2 - Arias and Maxwell 9:35 A.M. ID 24-1364 HEARING to consider adoption of a Resolution designating a property to the Local Register of Historic Resources. 1. RESOLUTION - Designating the Property Located at 420 E Terrace City of Fresno ***Subject to Mayoral Veto Page 7 City Council Meeting Minutes October 31, 2024 Ave to the Local Register of Historic Resources (Council District 7) The resolution title incorrectly reflects the property as "Council District 7". The property is actually in "Council District 1". The above item was called to order at 10:32 A.M. and was presented to Council by Historic Preservation Specialist Chen. Upon call, the following members of the public addressed Council: Kristina Mansfield. Public comment closed at 10:40 A.M. There was no Council discussion. RESOLUTION 2024-252 ADOPTED On motion of Councilmember Esparza, seconded by Councilmember Chavez, that the above Action Item be ADOPTED. The motion carried by the following vote: Aye: 4 - Karbassi, Chavez, Bredefeld and Esparza Absent: 2 - Arias and Maxwell Recused: 1 - Perea 10:00 A.M. ID 24-1453 Appearance by Camilla Sutherland to thank the City Council for the use of Measure P funds for the resurfacing and improvement of the Roeding Park Tennis Courts. (District 6 Resident) APPEARED 1:30 P.M. ID 24-1347 HEARING to consider an appeal related to Conditional Use Permit Application No. P23-03592 and related Environmental Assessment No. P23-03592, pertaining to an existing ±11,250 square-foot vacant building located on a ±0.26-acre parcel at the northwest corner of Stanislaus and M Streets in downtown Fresno (Council District 3) - Planning & Development Department. 1. CONSIDERATION of Environmental Assessment No. P23-03592, dated July 23, 2024, a determination that the proposed project is exempt from the California Environmental Quality Act (CEQA) through a Class 1 (Existing Facilities) Categorical Exemption; and, 2. DENY the appeal and UPHOLD the action of the Planning Commission to approve Conditional Use Permit Application No. City of Fresno ***Subject to Mayoral Veto Page 8 City Council Meeting Minutes October 31, 2024 P23-03592 and related Environmental Assessment No. P23-03592, authorizing the expansion of an existing legal non-conforming Auto/Vehicle Repair (Major) land use and related site operations into a vacant building located across the street subject to compliance with the Conditions of Approval dated April 23, 2024. The above item was called to order at 1:38 P.M. and was presented to Council by Planning Manager Siegrist. Upon call, no members of the public addressed Council. Public comment closed at 2:13 A.M. Council discussion included: Current condition of the property, and code violations. Returning the item back to staff for reconsideration, or denying the application. Timeline for processing, and approval of the Conditional Use Permit (CUP). Removing the "X" from the building. Councilmember Arias motioned to deny the appeal and uphold the decision by the Planning Commission and planning director to approve the conditional use permit for the property specifically 2320, 2340, 2345 with the condition that they bring forward within 90 days a conditional use permit application for the old YMCA building or expansion of the existing CUP. On motion of Councilmember Arias, seconded by Councilmember Chavez, that the above Action Item be APPROVED WITH CONDITIONS. The motion carried by the following vote: Aye: 6 - Perea, Karbassi, Arias, Chavez, Bredefeld and Esparza Absent: 1 - Maxwell 2. CONSENT CALENDAR Upon call, for public comment on all Consent, Contested Consent and Closed Session items, no members of the public addressed Council: Councilmember Bredefeld RECUSED himself from agenda item 2-H (ID 24-1340) due to owning stock. Councilmember Bredefeld registered a NO vote on agenda item 2-JJ (ID 24-1456) APPROVAL OF THE CONSENT CALENDAR On motion of Vice President Karbassi, seconded by Councilmember City of Fresno ***Subject to Mayoral Veto Page 9 City Council Meeting Minutes October 31, 2024 Chavez, the CONSENT CALENDAR was hereby adopted by the following vote: Aye: 5 - Perea, Karbassi, Chavez, Bredefeld and Esparza Absent: 2 - Arias and Maxwell 2.-A. ID 24-1447 Approval of the minutes for October 10, 2024, regular meeting APPROVED ON CONSENT CALENDAR 2.-B. ID 24-1348 Approve Grant Agreement with Marjaree Mason Center (MMC) allocating $75,000 in funding for the MMC Community Resource Building Project. APPROVED ON CONSENT CALENDAR 2.-C. ID 24-1428 Approve the reappointments of Sandra Vicente-Martinez and Douglas Dart to the Fresno Regional Workforce Development Board to terms ending November 1, 2026. APPROVED ON CONSENT CALENDAR 2.-D. ID 24-1350 Actions pertaining to a grant agreement between the City of Fresno and Cultiva La Salud, a California Non-Profit Corporation: 1. Adopt a finding of Categorial Exemption pursuant to Class 32, Section 15332 (In-Fill Development Project) of the California Environmental Quality Act (CEQA) Guidelines . 2. Approve the Grant Agreement with Cultiva La Salud for $700,000 to support the development of a commercial community kitchen for mobile food vendors . APPROVED ON CONSENT CALENDAR 2.-E. ID 24-1435 Approve a Grant Agreement with Lighthouse for Children, Inc. allocating $150,000 in American Rescue Plan Act (ARPA) funding to support a partnership with the Dollywood Foundation implementing the Imagination Library program in the City of Fresno. During approval of the agenda, City Clerk Stermer announced this item was tabled to November 21, 2024 by Councilmember Maxwell and Staff. TABLED 2.-F. ID 24-1353 Actions pertaining to conservation of 15 pieces of artwork located at Fulton Street, Convention Center, and Mariposa Mall: 1. Affirm the City Manager’s determination that Sculpture Conservation Studio is uniquely qualified to perform conservation City of Fresno ***Subject to Mayoral Veto Page 10 City Council Meeting Minutes October 31, 2024 services for city owned artwork; 2. Award a services contract to Sculpture Conservation Studio in the amount of $275,000 to provide non-professional maintenance services to artworks located at Fulton Street, Convention Center, and Mariposa Mall; 3. Authorize the City Manager or designee to sign the contract on behalf of the City and execute all related documents APPROVED ON CONSENT CALENDAR 2.-G. ID 24-1420 Approve a Cooperative Purchase Agreement with Robert V. Jensen, Inc. of Fresno, California for the purchase of gasoline and diesel fuel for three years, with two optional one-year extensions, for an amount not-to-exceed $8,000,000 per year, plus semi-annual CPI adjustments, and a contingency of $500,000 per year (Bid File 12500405) APPROVED ON CONSENT CALENDAR 2.-H. ID 24-1340 Approve a two-year agreement with Dell Technologies for the citywide Adobe Enterprise Agreement, covering all Adobe products with an annual cost of $186,157.13, for a total contract amount of $372,314.26. During the approval of the agenda Councilmember Bredefeld Recused himself from this item due to owning stock. As such, this item was approved 4-0 by the following vote: Aye: 4 - Perea, Karbassi, Chavez and Esparza Absent: 2 - Arias, and Maxwell Recused: 1 - Bredefeld APPROVED ON CONSENT CALENDAR 2.-I. ID 24-1372 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. RESOLUTION - 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 City of Fresno ***Subject to Mayoral Veto Page 11 City Council Meeting Minutes October 31, 2024 Veto) 4. ***RESOLUTION - Finding Good Cause and Clear and Convincing Benefit 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. RESOLUTION OF INTENTION NUMBER 1153-D ADOPTED RESOLUTION 2024-254 ADOPTED RESOLUTION 2024-255 ADOPTED APPROVED ON CONSENT CALENDAR 2.-J. ID 24-1379 Reject all bids received for the Radio Park Renovation Project. (Bid File 12402889) (Council District 7) APPROVED ON CONSENT CALENDAR 2.-K. ID 24-1387 Approve the Agreement for Purchase and Sale of Real Property and Escrow Instructions to acquire fee interest of a combined 0.40-acre (17,583 square feet) improved parcel, identified as Assessor’s Parcel Numbers 451-071-17 and 451-071-34, owned by Arthur Velasquez and Patricia Velasquez for an amount of $1,347,500, for the construction of the Blackstone McKinley BNSF Grade Separation Project. (Council Districts 1 and 7) APPROVED ON CONSENT CALENDAR 2.-L. ID 24-1388 Approve the Agreement for Purchase and Sale of Real Property and Escrow Instructions to acquire fee interest of a combined 0.5795-acre (25,241 square feet) improved parcel, identified as Assessor’s Parcel Numbers 446-232-36 and 446-232-40, owned by Maninder Singh Sandhu and Palwinder Kaur Sandhu for an amount of $1,572,850, for the construction of the Blackstone McKinley BNSF Grade Separation Project. (Council Districts 1 and 7) APPROVED ON CONSENT CALENDAR City of Fresno ***Subject to Mayoral Veto Page 12 City Council Meeting Minutes October 31, 2024 2.-M. ID 24-1392 Approve use of Fresno Municipal Code Section 4-502(d), Design-Build Qualifications Method of procurement for the North Fulton Parking Structure Project generally bounded by Tuolumne Street, Merced Street, Broadway Street and Congo Alley. (Council District 3) APPROVED ON CONSENT CALENDAR 2.-N. ID 24-1393 Actions pertaining to the Barstow and Bond Traffic Signal Project (Bid File No. 12500264) at the intersection of East Barstow Avenue and North Bond Street (Council District 4): 1. Adopt a finding of Categorical Exemption pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15301/Class1 and Section 15302/Class2 for the Barstow and Bond Traffic Signal Project; 2. Award a construction contract in the amount of $1,260,917.00 to American Paving, Co. of Fresno, CA, as the lowest responsive and responsible bidder, and authorize the Capital Projects Director or designee to sign the construction contract. APPROVED ON CONSENT CALENDAR 2.-O. ID 24-1414 ***RESOLUTION- Authorizing the submission of a grant application to the California Coastal Commission Whale Tail® Grants program of up to $50,000 to provide marine stewardship education for youth and authorizing the City Manager or designee to accept grant funds, and sign all related documents on behalf of the City (Citywide) (Subject to Mayor’s Veto) RESOLUTION 2024-256 ADOPTED APPROVED ON CONSENT CALENDAR 2.-P. ID 24-1427 Actions pertaining to the Fresno City Employees Association, FCEA for Unit 3 1. ***Adopt a Successor Memorandum of Understanding between the City of Fresno and the Fresno City Employees Association (Non-Supervisory White Collar - Unit 3) (Subject to Mayor’s veto) 2. ***RESOLUTION: Adopt the Fourth Amendment to FY 2025 Salary Resolution No. 2024-120, amending Exhibit 3, Unit 3 - Non-Supervisory White Collar (FCEA), to provide a salary increase for respective classes as required by the Memorandum of Understanding between the City of Fresno and the Fresno City Employees Association (Non-Supervisory White Collar - Unit 3) (Subject to Mayor’s veto) RESOLUTION 2024-257 ADOPTED APPROVED ON CONSENT CALENDAR City of Fresno ***Subject to Mayoral Veto Page 13 City Council Meeting Minutes October 31, 2024 2.-Q. ID 24-1210 ***RESOLUTION - Authorizing submission of an application for and acceptance of funds from the California Department of Housing and Community Development Prohousing Incentive Program (PIP) Round 3, and authorizing the City Manager or designee to sign all necessary implementing documents. (Subject to Mayor’s Veto) RESOLUTION 2024-258 ADOPTED APPROVED ON CONSENT CALENDAR 2.-R. ID 24-1270 Actions pertaining to the West Area Neighborhoods Specific Plan: 1. Approve the Fourth Amendment to the consultant services agreement with De Novo Planning Group for environmental analysis services for the West Area Neighborhoods Specific Plan Environmental Impact Report, extending the contract performance period to June 30, 2025. APPROVED ON CONSENT CALENDAR 2.-S. ID 24-1293 Approve a Service Agreement with Fresno Economic Opportunities Commission (FEOC) to operate eight (8) Youth Bridge Housing beds located at 1046 T Street, Fresno CA 93721 (District 3), through June 30, 2026, in the total amount of $395,332.00 funded with Homeless Housing, Assistance, and Prevention (HHAP) Youth Set-Aside funds. APPROVED ON CONSENT CALENDAR 2.-T. ID 24-1357 *** RESOLUTION - Authorizing the submission of a grant application and the acceptance of funds totaling up to $500,000 from the U.S. Environmental Protection Agency FY25 Brownfield Community-Wide Assessment Grant to fund the assessment of Brownfields and authorizing the City Manager or designee to sign all necessary implementing documents (Subject to Mayor’s Veto) RESOLUTION 2024-259 ADOPTED APPROVED ON CONSENT CALENDAR 2.-U. ID 24-1358 Actions pertaining to the South Fresno Community Alliance Settlement Agreement (related to the development project located at 3611 S. Northpointe Drive) amending the South Central Community Benefits Fund: 1. RESOLUTION - Amending the Community Benefits Fund and Expenditure Plan RESOLUTION 2024-260 ADOPTED APPROVED ON CONSENT CALENDAR 2.-W. ID 24-1425 City of Fresno ***Subject to Mayoral Veto Page 14 City Council Meeting Minutes October 31, 2024 Actions pertaining to the 2022-2023 Officer Wellness and Mental Health grant program 1. Authorize the Chief of Police to accept $557,453.63 in grant funding for the 2022-2023 Officer Wellness and Mental Health grant awarded to the Fresno Police Department from the California Board of State and Community Corrections (BSCC). 2. Authorize the Chief of Police or her designee to execute all related documentation applicable to the 2022-2023 Officer Wellness and Mental Health grant award. APPROVED ON CONSENT CALENDAR 2.-X. ID 24-1426 Actions pertaining to the 2021 State Homeland Security Grant Program (SHSGP) 1. Authorize the Chief of Police to accept $129,800 in grant funding for the 2021 State Homeland Security Grant awarded to the Fresno Police Department by the California Office of Emergency Services (CalOES) through the County of Fresno Department of Behavioral Health. 2. Authorize the Chief of Police or her designee to execute the agreement and all related documentation applicable to the 2021 SHSGP grant. 3. ***RESOLUTION - Adopt the 13th Amendment to the Annual Appropriation Resolution (AAR) No. 2024-122 appropriating $64,300 for the Police Department’s extended 2021 State Homeland Security Grant Program (Subject to Mayor’s veto) RESOLUTION 2024-261 ADOPTED APPROVED ON CONSENT CALENDAR 2.-Y. ID 24-1334 Actions pertaining to Wellhead Treatment System at Pump Station 347 (Council District 7): 1. ***RESOLUTION - Adopt a resolution authorizing an exception to formal bidding procedures and award of a sole source purchase agreement with ATEC Water Systems, LLC., in an amount not to exceed $191,016.62 (Subject to Mayor’s Veto); 2. Award a sole source purchase agreement to ATEC Water Systems, LLC., in the amount of $191,016.62, to provide and deliver the ATEC Water Filtration System to Pump Station 347. RESOLUTION 2024-262 ADOPTED APPROVED ON CONSENT CALENDAR 2.-Z. ID 24-1417 Approve the Fourth Amendment to the Consultant Services Agreement with CDM Smith, Inc., to expand the scope of services and increase the contract amount by $526,490 for a total amount of $1,916,893 for City of Fresno ***Subject to Mayoral Veto Page 15 City Council Meeting Minutes October 31, 2024 Groundwater and Landfill Remediation Services at the City of Fresno Sanitary Landfill (Council District 3). APPROVED ON CONSENT CALENDAR 2.-AA. ID 24-1381 RESOLUTION - Approving the Final Map of Tract No. 6265, and accepting dedicated public uses offered therein except for dedications offered subject to City acceptance of developer installed required improvements - located on the north side of East Tulare Avenue west of North Fowler Avenue (Council District 5) RESOLUTION 2024-263 ADOPTED APPROVED ON CONSENT CALENDAR 2.-BB. ID 24-1382 Actions pertaining to Final Map of Tract No. 6379: 1. RESOLUTION - Approving the Final Map of Tract No. 6379, and accepting dedicated public uses offered therein except for dedications offered subject to City acceptance of developer installed required improvements - located on the northwest corner of South Peach Avenue and East Florence Avenue; (Council District 5) 2. ***RESOLUTION - Adopting the 19th Amendment to the Annual Appropriation Resolution (AAR) No. 2024-122 to appropriate $55,300 in developer contributions for the acquisition of right-of-way for public street and public utility easements for the Final Map of Tract No 6379 at the northwest corner of South Peach Avenue and East Florence Avenue. (Council District 5) (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto) During approval of the agenda, City Clerk Stermer announced the language in the legend of sheets 4 and 5 of Subdivision Map of Tract No. 6379 has been updated. The text next to the triangle with a circle inside now reads as follows: Previously dedicated to the City of Fresno as an easement for public street and public utility purposes per deed recorded [blank space], 2024 as document no. 2024- [blank space], O.R.F.C. RESOLUTION 2024-264 ADOPTED RESOLUTION 2024-265 ADOPTED APPROVED ON CONSENT CALENDAR 2.-CC. ID 24-1383 RESOLUTION - Approving the Final Map of Tract No. 6362, and accepting dedicated public uses offered therein except for dedications offered subject to City acceptance of developer installed required improvements - located on the southeast corner of North Garfield Avenue and West City of Fresno ***Subject to Mayoral Veto Page 16 City Council Meeting Minutes October 31, 2024 Gettysburg Avenue alignment. (Council District 1) RESOLUTION 2024-266 ADOPTED APPROVED ON CONSENT CALENDAR 2.-DD. ID 24-1385 Actions pertaining to the summary vacation of a portion of the public pedestrian easement on East Dakota Avenue, east of North Blattella Lane : (Council District 4) 1. Adopt a finding of Categorical Exemption per staff determination, pursuant to Section 15332/Class 32 of the California Environmental Quality Act (CEQA) Guidelines, Environmental Assessment Number P23-01228; 2. RESOLUTION - Approving the summary vacation of a portion of the public pedestrian easement on East Dakota Avenue, east of North Blattella Lane. RESOLUTION 2024-267 ADOPTED APPROVED ON CONSENT CALENDAR 2.-EE. ID 24-1394 Active Transportation Advisory Committee (ATAC) Semi-Annual Report (May 2024 through September 2024). (Citywide) APPROVED ON CONSENT CALENDAR 2.-FF. ID 24-1399 Actions pertaining to Resolution of Intention Number 1155-D to vacate portions of excess public street right of way on the northeast side of North Weber Avenue and the southeast side of West Farrington Avenue, northwest of West Herndon Avenue (Council District 2): 1. Adopt a finding of Categorical Exemption per staff determination, pursuant to Section 15332 of the California Environmental Quality Act (CEQA) Guidelines, Environmental Assessment for Planned Development & Development Permit Application No. P22-00207 2. Adopt the attached Resolution of Intention Number 1155-D to vacate portions of excess public street right of way on the northeast side of North Weber Avenue and the southeast side of West Farrington Avenue, northwest of West Herndon Avenue 3. Set the required public hearing at 9:00 a.m. on November 21, 2024 APPROVED ON CONSENT CALENDAR 2.-GG. ID 24-1389 Approve the appointment of Kendy Villa to the City of Fresno Women’s Commission for a term ending October 31, 2026 APPROVED ON CONSENT CALENDAR City of Fresno ***Subject to Mayoral Veto Page 17 City Council Meeting Minutes October 31, 2024 2.-HH. ID 24-1406 ***Bill B-37- (Intro’d October 10, 2024)(For Adoption) - Amending 11-115 of the Fresno Municipal Code relating to the adoption of rules and regulations restricting vehicular or pedestrian traffic through alleys (Subject to Mayor’s Veto) ORDINANCE 2024-037 ADOPTED APPROVED ON CONSENT CALENDAR 2.-II. ID 24-1401 ***Bill B-38 - (Intro’d October 10, 2024) (For Adoption) - Amending Section 13-305 of the Fresno Municipal Code, relating to Tree Preservation (Subject to Mayor’s Veto) ORDINANCE 2024-038 ADOPTED APPROVED ON CONSENT CALENDAR 2.-JJ. ID 24-1456 ***Resolution repealing and replacing resolution no. 2024-211 and granting authority to the City Manager or his or her designee to enter into agreements with community-based organizations to provide programs and services funded by the American Rescue Plan Act (ARPA) to aid in the LGBTQIA+ community-based organizations. (Subject to Mayor’s Veto). During the approval of the Consent Calendar, Councilmember Bredefeld registered a NO vote. As such, this item was approved 4-1 by the following vote: Aye: 4 – Perea, Karbassi, Chavez, and Esparza No: 1 – Bredefeld Absent: 2 - Arias, and Maxwell RESOLUTION 2024-268 ADOPTED APPROVED ON CONSENT CALENDAR 2.-KK. ID 24-1478 Actions pertaining to the Warnors Theater Roof Repair Project (District 3): 1. Adopt a finding of Categorical Exemption pursuant to Class 1, Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines 2. ***RESOLUTION - Adopting the 23rd Amendment to the Annual Appropriation Resolution No. 2024-122 appropriating $86,900 from the Public Works Department District 3 Infrastructure Project to the City Council Department for the Warnors Theater Roof Repair Project (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto) During approval of the agenda, this item was tabled with no return date by City of Fresno ***Subject to Mayoral Veto Page 18 City Council Meeting Minutes October 31, 2024 Councilmember Arias. TABLED 2.-LL. ID 24-1482 ***RESOLUTION - Establishing Policies and Procedures for Placing Murals on City-Owned Property(Subject to Mayor’s Veto) RESOLUTION 2024-269 ADOPTED APPROVED ON CONSENT CALENDAR CONTESTED CONSENT CALENDAR 2.-V. ID 24-1398 Approve an Agreement with Community Health Improvement Partners to administer an Independent Living Home - Rapid Rehousing program (ILA-RR) in the total amount of $2,882,282.63 using Encampment Resolution Funding (ERF-3R). Councilmember Bredefeld moved the above item to Contested Consent to get clarification on how the program will work. Council discussion included: Existing facility. On motion of Councilmember Bredefeld, seconded by President Perea, that the above Action Item be APPROVED. The motion carried by the following vote: Aye: 4 - Perea, Karbassi, Bredefeld and Esparza Absent: 3 - Arias, Maxwell and Chavez 3. GENERAL ADMINISTRATION 3.-A. ID 24-1454 WORKSHOP - Annual Report of the Cannabis Administrative Prosecutor Program (CAPP) The above item was presented to Council by City Attorney Janz, Deputy Attorney General Justin Buller from the Justice Department, Chief Assistant City Attorney Camarena, City Attorney Investigator Lysdahl, Senior Community Revitalization Specialist Valdes, and Supervising Deputy City Attorney Martin. Council discussion included: Fines and business licenses for illegal businesses. Number of smoke shops that have been closed. Fees for opening businesses. Code Enforcement resources. Illegal smoke shops throughout the city, illegal gambling, selling to homeless and minors. City of Fresno ***Subject to Mayoral Veto Page 19 City Council Meeting Minutes October 31, 2024 Violations and citations for illegal businesses. Adding language to the smoke shop ordinance currently being developed. Re-inspections of businesses that received citations. Process for selecting businesses to be inspected. PRESENTED UNSCHEDULED COMMUNICATION Upon call, no members of the public addressed Council with unscheduled communication. ID 24-1537 Public Comment Received 4. CITY COUNCIL 4.-A. ID 24-1016 WORKSHOP- Measure C Progress The above item was presented to Council by Terry Ogle and Robert Phipps from the Fresno County Transportation Authority. Council discussion included: Crafting a new Measure "C" for the renewal of the current Measure "C". Support for Measure "C". Leadership Council negotiations. American Rescue Plan Act (ARPA) funding running out, and improvements to the roads and transportation. Cities self taxing for transportation efforts, and taxing capacity for cities. Support for public transportation, and pedestrian infrastructure. Completing the current measure as promised. Fresno Council of Governments (COG) appointee, the alternant and the term of the seat. Voters and their position on Measure "C". Agricultural land preservation, mass transit, and electrical charging. Housing moratorium. Surveys of the population. Concerns of residents, differed maintenance, the needs and requests of residents. PRESENTED 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 10:49 A.M., and again at 3:48 P.M. City of Fresno ***Subject to Mayoral Veto Page 20 City Council Meeting Minutes October 31, 2024 5.-A. ID 24-1363 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 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); 11. Fresno Airports Public Safety Officers Association (FAPSOA) The above item was discussed in closed session. There were no open session announcements for this item. DISCUSSED 5.-B. ID 24-1354 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Margarita Cingoz v. City of Fresno, et al.; Fresno Superior Court Case No.: 23CECG04597 The above item was discussed in closed session. There were no open session announcements for this item. DISCUSSED 5.-C. ID 24-1380 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Park 7, LLC., and, LandValue Management LLC., v. City of Fresno; Fresno Superior Court Case No. 24CECG04298 The above item was discussed in closed session. There were no open session announcements for this item. DISCUSSED 5.-D. ID 24-1408 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) City of Fresno ***Subject to Mayoral Veto Page 21 City Council Meeting Minutes October 31, 2024 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.-E. ID 24-1410 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) City of Fresno Fire & Police Retirement System, et al. v. City of Fresno; Fresno Superior Court Case No. 24CECG03835 The above item was discussed in closed session. There were no open session announcements for this item. DISCUSSED 5.-F. ID 24-1484 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 The above item was discussed in closed session. There were no open session announcements for this item. DISCUSSED 5.-G. ID 24-1409 CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: 1 potential case The above item was discussed in closed session. There were no open session announcements for this item. DISCUSSED 5.-H. ID 24-1412 PUBLIC EMPLOYEE PERFORMANCE EVALUATION 1. Government Code Section 54957(b): consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee. City of Fresno ***Subject to Mayoral Veto Page 22 City Council Meeting Minutes October 31, 2024 Title: City Attorney 2. Government Code Section 54957.6: conference with labor negotiator. City Negotiator: Council President Annalisa Perea. Unrepresented Employee: City Attorney 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 4:01 P.M. The above minutes were approved by unanimous vote of the City Council during the November 21, 2024, regular meeting. City of Fresno ***Subject to Mayoral Veto Page 23