2600 Fresno Street  
Fresno, CA 93721  
www.fresno.gov  
City of Fresno  
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  
9:00 AM  
Thursday, September 12, 2024  
Council Chambers  
The City Council met in regular session in the Council Chamber, City Hall, on the  
date and time above written.  
9:02 A.M. ROLL CALL  
Councilmember Chavez arrived at 9:06 A.M.  
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 Bishop David Rice from the Episcopal Diocese of San Joaquin  
Bishop David Rice 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-D (ID 24-1231) regarding the amendment of FMC Section 2-409 related to  
hearing officer authority – the title should read "Bill (for Introduction)," not  
"Ordinance (for introduction)."  
2-O (ID 24-1195) regarding first amendment to the lease agreement  
between the City of Fresno and Tutelian Holdings I, LLC. – section 2 on  
page 1 of the first amendment references 6,449 square feet as the size of  
the current space. This should be changed to reflect 6,499 square feet.  
THE FOLLOWING ITEMS WERE REMOVED FROM THE AGENDA:  
2-F (ID 24-1199) regarding 10th amendment to the annual appropriation  
resolution (AAR), to appropriate $3,252,100 in FY 2024 city council  
department operating and capital carryover and trueing up the department of  
public works council infrastructure capital project budgeted carryover totals –  
moved to the September 26, 2024, agenda by Councilmember Chavez and  
Councilmember Arias.  
2-N (ID 24-1147) regarding reject all bids for the requirement contract to  
furnish and install pavement undulations on various city streets – moved to  
the September 26, 2024, agenda by Councilmember Arias, and Vice  
President Karbassi.  
2-S (ID 24-1214) regarding amending section 13-305 of the Fresno  
municipal code, relating to tree preservation – removed from the agenda  
with no return date by Councilmembers Arias, Maxwell, and Esparza.  
2-T (ID 24-1215) regarding repealing and restating resolution 2022-086  
establishing the City of Fresno tree policy – removed from the agenda with  
no return date by Councilmembers Arias, Maxwell, and Esparza.  
Councilmember Bredefeld reregistered a "No" vote on Consent Calendar  
item 2-C (ID 24-1217).  
On motion of Councilmember Arias, seconded by Councilmember Chavez,  
the AGENDA was adopted as amended. The motion PASSED by the  
following vote:  
Aye (7): Perea, Karbassi, Arias, Maxwell, Chavez, Bredefeld, Esparza  
No (0):  
The initial approval of the agenda (above) included Consent Calendar item  
2-M (ID 24-1155) moved to Contested Consent by Councilmember  
Bredefeld. Councilmember Bredefeld subsequently announced he no longer  
had questions about the item and moved 2-M (ID 24-1155) back onto the  
Consent Calendar by motioning to re-open approval of the agenda.  
On motion of Councilmember Bredefeld, seconded by Councilmember  
Chavez to re-open approval of the agenda. The motion carried by the  
following vote:  
Aye (7): Perea, Karbassi, Arias, Maxwell, Chavez, Bredefeld, Esparza  
No (0):  
On motion of Councilmember Arias, seconded by Councilmember  
Chavez, the item 2-M (ID 24-1155) was moved back to the Consent  
Calendar and 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  
Proclamation recognizing the 2024 National Voter Registration Day  
(Sept 17), Disability Voting Rights Week (Sept 9 to Sept 13), and  
California High School Voter Education Weeks (Sept 16 through Sept  
27)  
ID 24-1218  
PRESENTED  
Proclamation for “Honoring Holy Spirit Catholic Church’s Outreach  
Committee”  
ID 24-1116  
PRESENTED  
COUNCILMEMBER REPORTS AND COMMENTS  
Councilmember Arias Reports and Comments: Announced the  
groundbreaking of Heritage Estates, and Broadway Park in District 3.  
Reported Crime Stoppers taking tips regarding the sale of fentanyl in  
Fresno.  
Councilmember Maxwell Reports and Comments: Discussed a recent  
Neighborhood Watch meeting, and acknowledged Mary Haskin, Captain  
Gross, the HART Team, and Code Enforcement Team for attending.  
Congratulated Fresno State Athletics for securing an invitation to the Pac-12  
division.  
Councilmember Chavez Reports and Comments: Acknowledged Public  
Works staff for restoring the lights on Huntington Boulevard, and expressed  
appreciation to the crews for their work. Noted a request was sent to Public  
Works to review the traffic flow in the area of Tulare and Fowler Avenues  
where Clovis East student Austin Ly tragically lost his life in a traffic  
accident. Condolences were expressed to the Ly family and the meeting  
was requested to adjourn in the memory of Austin Ly.  
Councilmember Bredefeld Reports and Comments: Acknowledged the  
Police Department, Fire Department, and Sheriff’s Office for their  
participation in the "9/11" event at Todd Beamer Park. Acknowledged  
Teens That Care for reading poems they wrote about the significance of  
“9/11”. Noted the importance of teaching the younger generation about the  
heroism of the First Responders on “9/11”. Recognized Todd Beamer, one  
of the heroes of” 9/11” who led the first counterattack against the terrorists.  
Councilmember Esparza Reports and Comments: Participated as a panelist  
in programming for the Central Valley Latino Leadership Academy, and  
expressed gratitude to the academy for the opportunity to speak to their  
fellows. Attended the California “9/11” Memorial alongside First Responders  
and community members. Announced the Beautify Fresno event in District 7  
focusing on cleaning up the Burrows Elementary neighborhood. Announced  
Fiestas Patrias in downtown Fresno, and the Mexican Independence  
Festival at Willow and Balch. Reminded the public that flu shots and COVID  
vaccines were available.  
Vice President Karbassi Reports and Comments: Attended the swearing-in  
ceremony for the new Fresno State Chief of Police, Anthony Martinez.  
Expressed gratitude for California's Natural Resources Secretary Wade  
Crowfoot for visiting Fresno and attending the 30x30 event, aiming to  
increase public access along the Fresno side of the San Joaquin River.  
Discussed a recent meeting with the new leadership team of the Salvation  
Army in Fresno. Attended the California Health Science University  
accreditation celebration and recognized the importance of more physicians  
in Fresno. Attended the California “9/11” Memorial with Mayor Dyer and  
Councilmember Esparza, to honor those who lost their lives. Discussed the  
Beautify Fresno event that cleaned up Stallion Park. Expressed concern  
over the senseless attack of a sleeping homeless individual and announced  
a $1,000 contribution to Crime Stoppers to help identify the assailant.  
Announced that the Police Department / Fire Department baseball game  
ended in a tie.  
Council President Perea Reports and Comments: Extended gratitude to  
Council Vice President Karbassi for helping unveil Fresno's Small Business  
Security Camera Rebate Program in partnership with City of Fresno, Fresno  
Chamber of Commerce, and Fresno Police Department. Extended an  
invitation to the public to join the Mayor and City Council in front of City Hall  
for the Mexican flag-raising ceremony in celebration of Mexican  
Independence Day.  
MAYOR/MANAGER REPORTS AND COMMENTS  
Mayor Dyer Reports and Comments: Discussed the admission of Fresno  
State University into the Pac-12. Expressed condolences for the passing of  
Kathy Bonilla and announced her memorial. Announced he would be  
presenting a proclamation to the People's Church for the 70th anniversary.  
Discussed community projects by the People's Church including painting of  
the spiral garage. Attended a 9/11 memorial event to honor the firefighters  
and police officers who lost their lives. Announced throwing the first pitch at  
the Fire Department / Police Department baseball game that went into extra  
innings and ended in a tie. Discussed the Chaffee Zoo's participation in the  
"purple pipe program" for reclaimed water. Expressed gratitude to the city’s  
Assistant City Managers team for handling day-to-day operations while the  
City Manager is on vacation.  
CITY CLERK AND CITY ATTORNEY REPORTS AND COMMENTS  
City Clerk Stermer Reports and Comments: Announced that information  
regarding upcoming committee meetings could be found on the City Clerk's  
website at "www.fresno.gov/cityclerk." Noted public voter registration  
information was available on the "Elections and Voter Information" portion of  
the City Clerk's website.  
1. SCHEDULED COUNCIL HEARINGS AND MATTERS  
9:10 A.M. #1  
HEARING to adopt resolutions and ordinance to annex territory and  
ID 24-1201  
Levy  
District  
a
Special Tax regarding City of Fresno Community Facilities  
Number 9, Annexation Number 61 (Territory known as  
Assessor’s Parcel Number 506-470-48S) (Located on the east side of  
North Cecelia Avenue and West Ellery Way) (Council District 2):  
1. ***RESOLUTION  
-
to Annex Territory to Community Facilities  
District No. 9 and Authorizing the Levy of a Special Tax for  
Annexation No. 61 (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. 61. (Subject to Mayor’s Veto)  
The above item was called to order at 9:43 A.M. and was presented to  
Council by Supervising Engineering Technician Gonzalez. Upon call, no  
members of the public addressed Council. Public comment closed at 9:45  
A.M.  
There was no Council discussion.  
RESOLUTION 2024-208 ADOPTED  
RESOLUTION 2024-209 ADOPTED  
RESOLUTION 2024-210 ADOPTED  
BILL B-30 APPROVED / ORDINANCE ADOPTED AS 2024-0029  
On motion of Vice President Karbassi, seconded by Councilmember  
Esparza, that the above Action Item be ADOPTED. The motion carried  
by the following vote:  
Aye: 7 - Perea, Karbassi, Arias, Maxwell, Chavez, Bredefeld and  
Esparza  
9:10 A.M. #2  
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)  
ID 24-1212  
1. DENY the 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.  
The above item was called to order at 9:46 A.M. and was presented to  
Council by Planning Manager Siegrist. Upon call, the following members of  
the public addressed Council: Dirk Poeschel, Fernando Paul Elizondo, Sr.,  
Dez Martinez, Adel Resender, Nancy Her, Kaylee Tadena, Valeria Salazar,  
Daniel Gonzales, Julio Lopez, Heldy Velasquez, Michael Yamamura, Noel  
Aguilar, Joe Escobedo, and "Mrs. 52/50" Lynn Owens. Public comment  
closed at 10:58 A.M.  
Council discussion included: The number of existing liquor licenses in the  
census tract, and saturation according to state law, crime levels, and the  
Police Chief’s determination. The process and reasoning behind granting an  
exemption for liquor licenses. Relationship between liquor stores and calls  
for service. The City's authority to revoke Conditional Use Permits (CUPs)  
for businesses that become problematic. The possibility of operating a store  
without a liquor license to avoid needing exemptions. Whether the CUP is  
considered new, and all regulations in the Responsible Neighborhood  
Market Act (RNMA) that apply to the new CUP. The RNMA's failure to  
account for businesses struck by disasters. ABC (Alcoholic Beverage  
Control) violations at the location, and complaints from law enforcement.  
Support from other businesses, and people in the area. Protocols for  
preventing sales to minors, and whether the operator ever had an incident of  
selling to minors. Percentage of alcohol sales occupied by the store's floor  
area, and how it contributes to the store's profit. Amount of alcohol sales a  
store like this would normally generate. Examples of healthy choices that  
would be offered at the store. The proposed operating hours for the  
business as outlined within the RNMA. The possibility to condition the  
business to operate without tobacco use or selling tobacco paraphernalia.  
Past instances the city approved liquor stores near schools and imposed  
restrictions on alcohol sales. Whether the establishment would be selling  
alcohol from 6:00 a.m. until 2:00 a.m. as currently proposed.  
**** While making his motion, Councilmember Esparza stated the motion  
was made based on the following findings evidenced in the record: The  
applicant is excepted from the location restrictions in the Responsible  
Neighborhood Market Act (RNMA) because the use is not within an area  
where the Chief of Police has determined that this use would be detrimental  
to the health safety and welfare of the people in the area, or increases the  
severity of existing law enforcement or public nuisance problems in the area.  
This is because the Chief of Police authored memo that was discussed  
earlier, dated September 5, 2024, supporting the RNMA location restriction  
exemption. Additionally, the sale of alcoholic beverages is incidental and  
appurtenant to the larger retail use because the project meets the definition  
of a General Market by primarily selling food and grocery items for off-site  
preparation and consumption with 54 square feet, to be exact, out of the  
total store size of 2,932 square feet dedicated to selling alcoholic beverages.  
Additionally, the project would serve as a public convenience or necessity to  
an under-served portion of the community without presenting significant  
adverse impacts on public health or safety because the project would align  
with State priorities to use general markets and small markets to expand  
access to foods such as fruits, vegetables, nuts, meats, and dairy products  
to a greater number of residents. The input from the surrounding neighbors  
weighed very heavily, so their support of this establishment did weigh heavy  
in the final decision. Additionally, the primary use of the establishment meets  
the definition of a General Market based on the totality of information  
provided by the applicants as the Planning Department has already noted  
earlier here in the hearing. So, based on the evidence in the record the  
findings for the CUP can be made specifically because the proposed use is  
allowed within the zone district and complies with all other applicable  
provisions of the Fresno Municipal Code, because the site is zoned  
Commercial General which allows alcohol sales with a CUP it has been  
deemed exempted from location restrictions in the RNMA, and it complies  
with all the other provisions of the Fresno Municipal Code. Also, because  
the proposed use is consistent with the general plan as noted by staff here  
and within the exhibits within the staff report, and is consistent with the  
general plan policies as it serves as a public convenience and does not  
present a significant adverse impact on public health, and we know this  
because of the pre-existing nature of the actual establishment, and what the  
stats are now. As just noted, the use will not substantially impact public  
health adversely, safety, or general welfare of the community or be  
detrimental to the surrounding properties. The design, location, size,  
operating characteristics of the project are compatible with the existing, and  
reasonably foreseeable future land uses within the vicinity because prior to  
the fire damaging to the business in 2018, they have operated since 1994  
without incident - and tend to reopen aligned with its operation prior to the  
incident. The site is physically suitable for this type of use the density, and  
the intensity of the use being proposed because the building currently sits in  
operational, and there was no proposed change to the land use of the zone  
district between the fire in 2018 and today so that land use is still the same  
and again it will be nice to have for the community there in the neighborhood  
to have an operational business there again the proposed use is not located  
within an area of influence of the Fresno County airport land use  
compatibility plan as well that had to be noted for the record.  
Councilmember Esparza noted that, as a smoke-shop policy would be  
forthcoming, he would not include a ban on tobacco sales or tobacco  
paraphernalia in his motion.  
Councilmember Esparza motioned to approve the Conditional Use Permit  
(CUP) and the California Environmental Quality Act (CEQA) to uphold the  
appeal, to (i) adopt a categorical exemption pursuant to section 15301, class  
one of the California Environmental Quality act guidelines, and (ii) approve  
conditional use permit application number P22-03906 requesting  
authorization to establish a state California type 21 license for this General  
Market in the application. The motion included changing the hours for  
alcohol sales to conclude at midnight.  
On motion of Councilmember Esparza, seconded by Vice President  
Karbassi, that the above Action Item be APPROVED AS AMENDED. The  
motion carried by the following vote:  
Aye: 6 - Perea, Karbassi, Maxwell, Chavez, Bredefeld and Esparza  
No: 1 - Arias  
9:15 A.M.  
Actions pertaining to the Program Year (PY) 2023 Consolidated Annual  
Performance Evaluation Report (CAPER) for U.S. Department of  
Housing and Urban Development (HUD) Community Planning and  
Development (CPD) programs:  
ID 24-1162  
1. HEARING to obtain public comments regarding the PY 2023  
CAPER; and  
2. Adopt PY 2023 CAPER and authorize submission to the U.S.  
Department of Housing and Urban Development (HUD).  
The above item was called to order at 11:24 A.M. and was presented to  
Council by Karen Jenks. Upon call, the following members of the public  
addressed Council: Brandi N, Dez Martinez, Adel Resender, Ivanka  
Sanders, Lynn Owens, and Fernando Paul Elizondo, Sr. Public comment  
closed at 11:44 A.M.  
Council discussion included: Exploitation of homeless children, poverty, and  
homeless funds. Public Comment, and pros and cons of free speech. Verbal  
attacks on the council and the mayor.  
On motion of Councilmember Esparza, seconded by Councilmember  
Bredefeld, that the above Action Item be APPROVED. The motion  
carried by the following vote:  
Aye: 6 - Perea, Karbassi, Maxwell, Chavez, Bredefeld and Esparza  
No: 1 - Arias  
9:20 A.M.(CONTINUED TO SEPTEMBER 26, 2024 AT 9:20 A.M.#2)  
HEARING  
to  
consider  
Conditional  
Use  
Permit  
Application  
No.  
ID 24-1173  
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  
2. CONSENT CALENDAR  
Upon call, for public comment on all Consent, Contested Consent and  
Closed Session items, the following members of the public addressed  
Council: Brand N. (2-C, 2-Q) Lynn Owens (Consent Calendar, Closed  
Session) Dez Martinez (Council Rules and Procedures, Agenda).  
APPROVAL OF THE CONSENT CALENDAR  
On motion of Councilmember Arias, seconded by Vice President  
Karbassi, the CONSENT CALENDAR was hereby adopted by the  
following vote:  
Aye: 6 - Perea, Karbassi, Arias, Maxwell, Chavez and Bredefeld  
Absent: 1 - Esparza  
Approval of the minutes for August 29, 2024, regular meeting  
2.-A.  
2.-B.  
ID 24-1220  
APPROVED ON CONSENT CALENDAR  
Approve the appointment of Ryan Eddings to the Historic Preservation  
ID 24-1194  
Commission to a term ending June 30, 2028. Approve the appointment  
of Mahon Brown to the Fresno/Clovis Community Media Authority to a  
term ending June 30, 2026.  
APPROVED ON CONSENT CALENDAR  
Actions pertaining to allocation of American Rescue Plan Act funding:  
2.-C.  
ID 24-1217  
1. Approve the recommendation of seven service proposals allocating  
American Rescue Plan Act (ARPA) funding for local Community Based  
Organizations (CBOs) totaling $100,000 (Bid File 12402305) to the  
following organizations: (1) Trans-e-motion $10,000; (2) BlaQueer  
Fresno $20,000; (3) Casita Feliz $13,500; (4) Dulce Upfront Labs  
$13,600; (5) South Tower Land Trust $5,000; (6) LGBTQ Fresno  
$12,740; (7) Oasis Legal $25,160;  
2. RESOLUTION - Repealing and replacing Resolution No. 2024-192  
and Granting Authority to the City Manager or 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 COVID-19 Recovery Effort.  
During approval of the Consent Calendar, Councilmember Bredefeld  
reregistered a NO vote. As such, this item was approved 5-1-1 by the  
following vote:  
Aye: 5 - Perea, Karbassi, Arias, Maxwell, Chavez  
No: 1 - Bredefeld  
Absent: 1 - Esparza  
RESOLUTION 2024-211 ADOPTED  
APPROVED ON CONSENT CALENDAR  
Ordinance (for introduction) - Amending Hearing Officer Authority, FMC  
ID 24-1231  
2.-D.  
section 1-409, to provide authority for limited reductions in fines.  
During approval of the agenda, City Clerk Stermer announced the title  
should read bill (for introduction).  
BILL B-31 INTRODUCED AND LAID OVER  
APPROVED ON CONSENT CALENDAR  
2.-E.  
ID 24-1044  
Actions pertaining to the 2023 Bureau of Justice Assistance Patrick  
Leahy Bulletproof Vest Partnership Program grant award (Council  
District 4):  
1. Authorize the Director of Aviation to accept the Bureau of Justice  
Assistance (BJA) Patrick Leahy Bulletproof Vest (BVP) program grant  
award totaling $6,512.50 for the reimbursement of up to 50 percent of  
the cost of body armor vests purchased for law enforcement officers  
at the Airport.  
2. Authorize the City Manager or designee to execute all related  
documents for acceptance, modification, extension and administration  
of the 2023 BJA BVP grant program.  
3. ***RESOLUTION  
-
Adopt the 8th Amendment to the Annual  
Appropriation Resolution (AAR) No. 2024-122 appropriating $6,600  
for the Bureau of Justice Assistance (BJA) Patrick Leahy Bulletproof  
Vest Partnership (BVP) Fifty-Percent Grant Match Program (Requires  
5 affirmative votes) (Subject to Mayor’s veto).  
RESOLUTION 2024-212 ADOPTED  
APPROVED ON CONSENT CALENDAR  
***RESOLUTION  
-
Adopt the 10th Amendment to the Annual  
2.-F.  
ID 24-1199  
Appropriation Resolution (AAR) No. 2024-122 to appropriate $3,252,100  
in FY 2024 City Council Department operating and capital carryover and  
trueing up the Department of Public Works Council Infrastructure Capital  
Project  
budgeted  
carryover  
totals  
(Requires  
5 Affirmative  
Votes)  
(Subject to Mayor’s Veto).  
Councilmembers Chavez, and Arias tabled the above item to September 26,  
2024.  
TABLED  
2.-G.  
2.-H.  
ID 24-1156  
Approve  
a
Grant Agreement with The Central Valley Honor Flight  
allocating $100,000 in American Rescue Plan Act (ARPA) funding to  
support and honor 70 Valley veterans by providing resources to pay for  
a trip to Washington, DC to visit their military memorials.  
APPROVED ON CONSENT CALENDAR  
Approve Contract Change Order No. 05 in the amount of $0.00 with  
American Paving Company of Fresno, California, which extends the  
ID 24-1169  
date of completion to June 21, 2024 by increasing the contract time by  
twenty-two (22) additional working days, for the Fink-White Splash Play  
Area Project. (Council District 3)  
APPROVED ON CONSENT CALENDAR  
Approve a professional engineering services agreement with Provost &  
Pritchard Engineering Group Inc., dba Provost & Pritchard Consulting  
Group, of Fresno, California, in the amount of $310,567 for the design of  
Improvements for the Leaky Acres Groundwater Recharge Facility  
Project. (Council District 4)  
2.-I.  
ID 24-1172  
APPROVED ON CONSENT CALENDAR  
Actions pertaining to the Kaviland and Villa Park Improvements Project  
(Bid File 12402849) (Council District 5):  
1. Adopt finding of Categorical staff’s  
2.-J.  
ID 24-1160  
a
Exemption  
per  
determination, pursuant to Sections 15301/Class 1, 15302/Class  
2, and 15303/Class 3 of the California Environmental Quality Act  
Guidelines, Environmental Assessment No. PW01041, for the  
Kaviland and Villa Park Improvements Project;  
2. Award a construction contract in the amount of $220,713.75 to  
Geometric Construction, Inc. of Fresno, California, as the lowest  
responsive and responsible bidder for the Kaviland and Villa Park  
Improvements Project.  
APPROVED ON CONSENT CALENDAR  
Award a construction contract in the amount of $6,860,785.12 to Yarbs  
Grading and Paving Inc. of Fowler, California for the MLK Center Active  
Transportation Project. (Bid File No. 12401530) (Council District 3)  
2.-K.  
2.-L.  
ID 24-1167  
APPROVED ON CONSENT CALENDAR  
Approve Amendment No. 3 to Measure “C” Cooperative Project  
ID 24-1174  
Agreement, Grade Separation Program, for the Blackstone & McKinley  
BNSF Grade Separation Project, in the amount of $23,380,062, for a  
total increased agreement amount not to exceed $58,500,000, with the  
Fresno County Transportation Authority. (Council Districts 1 and 7)  
APPROVED ON CONSENT CALENDAR  
RESOLUTION  
-
Of Intention to Annex the Territory Known as  
2.-M.  
ID 24-1155  
Assessor’s Parcel Number 444-092-40 as Annexation Number 62 to the  
City of Fresno Community Facilities District Number 9 and to Authorize  
the Levy of Special Taxes; and setting the Public Hearing for Thursday,  
October 10, 2024, at 9:10 am. (Located on the south side of East  
Clinton Avenue, west of North Blackstone Avenue) (Council District 7)  
RESOLUTION 2024-213 ADOPTED  
APPROVED ON CONSENT CALENDAR  
Reject all bids for the requirement contract to Furnish and Install  
Pavement Undulations on Various City Streets. (Bid File 12402144)  
(Citywide)  
2.-N.  
2.-O.  
ID 24-1147  
Councilmember Arias and Karbassi tabled the above item to September 26,  
2024.  
TABLED  
Approve the first amendment to the lease agreement between the City  
ID 24-1195  
of Fresno and Tutelian Holdings I, LLC, a California limited liability  
company to expand the office space by 928 square feet, for $20,602  
annually,  
with  
an  
annual  
increase  
averaging  
2.5%,  
plus  
the  
proportionate share of the building and operating costs estimated at  
$10,580 annually  
During approval of the agenda, City Clerk Stermer announced section 2 on  
page 1 of the first amendment references 6,449 square feet as the size of  
the current space. This should be changed to reflect 6,499 square feet.  
APPROVED ON CONSENT CALENDAR  
***RESOLUTION  
-
Adopting the 12th Amendment to the Annual  
2.-P.  
ID 24-1200  
Appropriation Resolution (AAR) No. 2024-122 to appropriate $107,500  
from Fresno Unified School District (FUSD) to the Parks, After School,  
Recreation, and Community Services (PARCS) Department for Summer  
Swim (Aquatics) programming. (Citywide) (Requires 5 Affirmative Votes)  
(Subject to Mayor’s Veto).  
RESOLUTION 2024-214 ADOPTED  
APPROVED ON CONSENT CALENDAR  
***RESOLUTION  
-
Adopt  
a
resolution authorizing submission of an  
2.-Q.  
ID 24-1004  
application and acceptance of funding from the State of California  
Department of Housing and Community Development Local Housing  
Trust Fund Grant program to provide matching funds to the City of  
Fresno Local Housing Trust Fund and authorizing the City Manager or  
designee to sign and submit the application and all necessary  
implementing documents (Subject to Mayor’s veto)  
RESOLUTION 2024-215 ADOPTED  
APPROVED ON CONSENT CALENDAR  
Actions pertaining to the FAX Bus Stop ADA Upgrades Phase A project:  
2.-R.  
ID 24-1149  
1. Adopt Environment Assessment No. P24-1149, dated September  
12, 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, of the State of California CEQA  
Guidelines.  
2. Award a construction contract to Harris Development Corp. dba  
HBC Enterprises, of Clovis California, in the amount of $577,999  
for the Department of Transportation Fresno Area Express (FAX)  
Bus Stop ADA Upgrades Phase A project, within the City of  
Fresno, and authorize the Director of Transportation to execute  
all related documents. Bids will expire on date October 9, 2024  
(Bid File #12403045)  
APPROVED ON CONSENT CALENDAR  
Bill - (For Introduction) - Amending Section 13-305 of the Fresno  
Municipal Code, relating to Tree Preservation  
2.-S.  
2.-T.  
2.-U.  
ID 24-1214  
Councilmembers Arias, Maxwell, and Esparza tabled the above item with no  
return date.  
TABLED  
***RESOLUTION - Repealing and Restating Resolution 2022-086  
ID 24-1215  
Establishing the City of Fresno Tree Policy (Subject to Mayor’s Veto)  
Councilmembers Arias, Maxwell, and Esparza tabled the above item with no  
return date.  
TABLED  
***BILL B-29 - (Intro’d August 29, 2024) (For Adoption) - Adding Chapter  
ID 24-1216  
10, Article 24 To The Fresno Municipal Code, Authorizing Local  
Businesses To Enforce Private Property Rights Against Trespassers At  
Privately Owned Locations Open To The Public (Subject to Mayor’s  
Veto).  
BILL B-29 APPROVED / ORDINANCE ADOPTED AS 2024-028  
APPROVED ON CONSENT CALENDAR  
CONTESTED CONSENT CALENDAR  
3. GENERAL ADMINISTRATION  
WORKSHOP - South Central Fresno AB 617 Community Truck Reroute  
Study  
3.-A.  
ID 24-1209  
The above item was presented to Council by Assistant Director Gormley,  
and Project Manager Aguilar.  
Council discussion included: roads designated as truck routes and when  
they must be utilized. State laws limiting restrictions on truck routes.  
Inconsistent traffic conditions, and development standards between county  
and city jurisdictions. Warehouse impacts on neighborhoods. Concerns  
about truck routes near sensitive uses. Whether large corporations are held  
to the same standards of mitigation as residential developments. Budget  
allocations to fix roads in South Fresno, especially those impacted by  
industrial traffic. Who was involved in the truck route policy formation, and  
how outreach occurred. The level of California Environmental Quality Act  
(CEQA) conducted for the study. The ability of Council to modify the  
proposed truck routes. The 1,000-foot setback between truck routes and  
sensitive receptors.  
PRESENTED  
UNSCHEDULED COMMUNICATION  
Upon call, the following people addressed Council with unscheduled  
communication: Fernando Paul Elizondo, Sr., Krystal, Khresta Duncan, and  
Dez Martinez.  
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 3:22 P.M.  
5.-A.  
ID 24-1205  
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 24-1183  
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION  
Government Code Section 54956.9, subdivision (d)(1)  
Case Name: Craig Attkisson v. City of Fresno, PSI, administered by  
Tristar Risk Management; Claim No.: 1010104343-ADR-1.  
The above item was discussed in closed session. There were no open  
session announcements for this item.  
DISCUSSED  
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION  
ID 24-1232  
5.-C.  
Government Code Section 54956.9, subdivision (d)(1) South Fresno  
Community Alliance v. City of Fresno;  
Fresno Superior Court Case No.: 21CECG03237  
The above item was discussed in closed session.  
Following closed session, City Attorney Janz made the following  
announcement in open session:  
Today in close session direction to seek appellate review was given by a 6  
to1 vote with council member Arias voting no. Once initiated the action  
defendants in the other particular shall once formally commence be  
disclosed to any person upon inquiry.  
DISCUSSED  
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION  
ID 24-1234  
5.-D.  
5.-E.  
5.-F.  
Government Code Section 54956.9, subdivision (d)(1)  
ACLU, et al. v. City of Fresno, et al.; Fresno Superior Court Case No.:  
23CECG04744  
The above item was discussed in closed session. There were no open  
session announcements for this item.  
DISCUSSED  
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION  
ID 24-1236  
Government Code Section 54956.9, subdivision (d)(1)  
La Hacienda Mobile Estates, LLC v. City of Fresno, et al;  
Case Number: 24CECG00271  
The above item was discussed in closed session. There were no open  
session announcements for this item.  
DISCUSSED  
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION  
ID 24-1237  
Government Code Section 54956.9, subdivision (d)(1)  
In Re La Hacienda Mobile Estates, LLC, US Bankruptcy Court,  
Eastern District of California; Case Number: 24-11967-A-11  
The above item was discussed in closed session. There were no open  
session announcements for this item.  
DISCUSSED  
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION  
ID 24-1238  
5.-G.  
Government Code Section 54956.9, subdivision (d)(1)  
Hacienda Homeowners for Justice, et al, v. La Hacienda Mobile Estates,  
LLC, et al; Fresno Superior Court, Case Number: 23CECG03987; and  
California Court of Appeal, Fifth Appellate District, Case Number:  
F087978  
The above item was discussed in closed session. There were no open  
session announcements for this item.  
DISCUSSED  
PUBLIC EMPLOYEE PERFORMANCE EVALUATION  
ID 24-1204  
5.-H.  
1. Government Code Section 54957(b): consider the appointment,  
employment, evaluation of performance,  
discipline, or dismissal of a public employee.  
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 session in memory of Austin Ly at 4:45  
P.M.  
The above minutes were approved by unanimous vote of the City Council during  
the September 26, 2024, regular meeting.