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, August 29, 2024

Council Chambers

The City Council met in regular session in the Council Chamber, City Hall, on the

date and time above written.

9:03 A.M. ROLL CALL

Councilmember Esparza arrived at 9:05 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

Pastor Robin Nino from Lifebridge Community Church 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-A (ID 24-1146) regarding Approval of the minutes for August 15, 2024,

regular meeting – the title for item 2-R (ID 24-1023) is missing from the

minutes and should read “Authorize the Chief of Police to enter into a

Second Amendment to Agreement with SoundThinking, Inc. (formerly

ShotSpotter Inc.) for an additional three years of service for a total amount

not to exceed $3,140,025 or $1,046,675 annually, for the term of July 1,

2024 through June 30, 2027”

2-B (ID 24-1159) regarding Awarding a catering and concession services

contract to Pardini’s Inc. of Fresno – the following corrections were read into

the record:

The words "a contract to provide" should be removed from the agenda title,

and the first sentence of the Subject and Recommendation sections of the

staff report.

3-A (ID 24-1141) regarding Resolution amending the Better Business Act –

Councilmember Arias intends to make a motion to approve this item with

the following revision: Section 1(a) of the resolution is amended to read,

“the ENA is for the purpose of negotiating the terms and conditions of a

private project that will be located on City owned property in Roeding Park”.

2-C (ID 24-1164) regarding the allocation of American Rescue Plan Act

funding - the grant award for South Tower Land Trust to be set at $5,000

with remaining funds set aside for next round of grant making - by

Councilmember Arias .

THE FOLLOWING ITEMS WERE REMOVED FROM THE AGENDA:

1:30 P.M. (ID 24-1152) regarding the workshop for Senator Anna

Caballero’s 2024 Young Legislators Program – tabled with no specified

return date by Council President Perea

2-W (ID 24-1120) regarding the third amendment to service agreement with

Poverello House for triage center services - tabled with no specified return

date by Councilmember Arias.

2-DD (ID 24-980) regarding the introduction of an amendment to FMC

section 13-305 regarding Tree Preservation – tabled to the September 12,

2024, meeting by sponsors Arias, Maxwell and Esparza.

2-EE (ID 24-1161) regarding a resolution repealing and restating resolution

2022-86 establishing the City of Fresno Tree Policy - tabled to September

12, 2024, by sponsors Arias, Maxwell and Esparza.

3-C (ID 24-1109) regarding the South Central Fresno AB 617 Community

Truck Reroute Study – tabled to the September 26, 2024 meeting by

Councilmember Karbassi, Councilmember Arias, and Staff.

THE FOLLOWING CONSENT CALENDAR ITEMS WERE MOVED TO THE

CONTESTED CONSENT CALENDAR FOR FURTHER DISCUSSION:

2-B (ID 24-1146) awarding catering and concession services to Pardini’s

Inc. of Fresno – moved to Contested Consent by Councilmember Arias

2-K (ID 24-1107) pertaining to emergency preparation and implementation

of a remediation action plan for the Fresno Sanitary Landfill – moved to

Contested Consent by Councilmember Arias.

2-S (ID 24-1150) regarding the Fresno Police Officers Association (FPOA-

Basic, Unit 4) - moved to Contested Consent by Councilmember Arias.

Councilmember Bredefeld Recused himself from Consent Calendar item

2-B (ID 24-1146) due to campaign donations received.

Councilmember Bredefeld reregistered a "NO" vote on Consent Calendar

item 2-C (ID 24-1164).

On motion of Councilmember Arias, seconded by Councilmember

Maxwell, 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 for “Honoring Fresno Local Xavier Worthy, Kansas City Wide

ID 24-1165

Receiver”

PRESENTED

Fresno Animal Center presents “Pet of the Month”

ID 24-1071

PRESENTED

COUNCILMEMBER REPORTS AND COMMENTS

Councilmember Arias Reports and Comments. Announced upcoming public

workshops to discuss AB 617. Discussed findings from a recent Tower

District Specific Plan Committee meeting. Spoke on new rules for mobile

food vendors in parks developed in part by the Mobile Food Association.

Discussed working with the Mayor and Downtown Association to develop

the “Why Not Wednesdays” street fair. Announced the approval of a

construction contract and ribbon cutting related to the Les Kimber Regional

Park in West Fresno. Remembered the achievements of former

Councilmember Les Kimber.

Councilmember Maxwell Reports and Comments. Discussed the fourth

annual District 4 “Beat the Heat” event. Announced District 4 efforts to

inform CSU Fresno students about paid internships and job options at City

Hall. Wished a happy birthday to Council Vice President Karbassi and

Councilmember Esparza.

Councilmember Esparza Reports and Comments. Acknowledged the FAX

Department for quick work adding amenities to bus stops in District 7.

Announced the opening of Clovis Unified School District’s Hirayama

Elementary School, in District 7. Discussed a recent Fresno Economic

Development Corporation (EDC) meeting which included updates and

adoption of the EDC budget. Announced the Public Financing Authority of

the Fresno Enhanced Infrastructure Financing District meeting was held the

previous day to accept reports prepared by the Finance Department.

Vice President Karbassi Reports and Comments. Recognized city staff for

hard work to open the pool in the Pinedale community the previous week.

Discussed the success of the traffic light installation at Audubon Drive and

Del Mar Avenue as well as the left turn phasing at Van Ness Boulevard and

Herndon Avenue. Recognized the Fresno Police Department, the HART

Team and others for efforts to keep the children of Pinedale Elementary

School safe on the way to and from school and the community center.

Spoke highly of state Assembly Bills 2835 and 3057 which would help

convert hotels and motels into shelters and streamline the process for junior

accessory dwelling units. Requested the council meeting be adjourned in

memory of Firefighter, Captain Walt Sickler, who recently passed from a

battle with cancer.

Council President Perea Reports and Comments. Discussed the success of

a Beautify

Fresno event at Ashlan and West Avenues the previous weekend.

Recognized District 1 staff for proactively reporting issues to help keep

neighborhoods clean. Discussed a partnership with United Way and PG&E

to help pay past due electricity bills up to $2,000 for those who qualify.

MAYOR/MANAGER REPORTS AND COMMENTS

City Manager White Reports and Comments. Announced the AB617 truck

route study has been continued to September 26, 2024, and a workshop on

the matter would be held September 12, 2024.

CITY CLERK AND CITY ATTORNEY REPORTS AND COMMENTS

City Clerk Stermer Reports and Comments. Announced various board and

commission meetings scheduled for the following week.

City Attorney Janz Reports and Comments. Announced the judge in the

ACLU matter declined to Grant the ACLU's motion for judgment against the

City for alleged Brown Act violations.

1. SCHEDULED COUNCIL HEARINGS AND MATTERS

9:10 A.M.

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 24-1058

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

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 9:41 A.M. and was presented to

Council by Planning Manager Siegrist. Upon call, the following members of

the public addressed Council: Dirk Poeschel, Shawn Dang, Miss. 5250,

Fernando Paul Elizondo Sr., Christopher Polk, and John. Public comment

closed at 10:29 A.M.

Council discussion included: homeless encampments on the property; other

businesses in the area; Tower Market; sale of alcohol; ABC license and

Conditional Use Permit; smoke shops; products that will be sold in the

business; routing the project through the Fresno Police Department;

proximity to schools; future smoke shop ordinance; continuing the hearing to

a future date; Responsible Neighborhood Market Act, purpose, clarification,

and revising the policy; quality of life in the neighborhood; fire at the

business; improvements to the property; length of time business has been

operating; issues and violations at the property; support for the business;

and reducing liquor licenses in the city.

On motion of Councilmember Esparza, seconded by Vice President

Karbassi, that the above Action Item be TABLED to September 12,

2024. The motion carried by the following vote:

Aye: 7 -

Perea, Karbassi, Arias, Maxwell, Chavez, Bredefeld and

Esparza

9:20 A.M. (CONTINUED TO SEPTEMBER 12, 2024 at 9:20 A.M.)

CONTINUED AS NOTED

HEARING to consider Conditional Use Permit Application No. P21-06064,

(Council District 1) - Planning & Development.

ID 24-998

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. (CONTINUED TO SEPTEMBER 26, 2024 at 9:25 A.M. #2)

HEARING to consider initiation of the Tower District Specific Plan update,

pertaining to all properties located within the boundaries of the Tower

District Specific Plan area of the Fresno General Plan.

ID 24-903

1. RESOLUTION - Application No. P24-02869 initiating the Tower

District Specific Plan Draft Land Use Map and Draft Specific Plan

update

2. RESOLUTION - Application No. P24-02420 initiating preparation of

the Tower Entertainment District Overlay

3. RESOLUTION - Application No. P24-02871 initiating preparation of

the Tower District Specific Plan Objective Design Standards

4. Second contract amendment extending the Consultant Services

Agreement with Wallace, Roberts and Todd (WRT) to June 30,

2025.

CONTINUED AS NOTED

9:35 A.M. JOINT MEETING OF THE CITY COUNCIL, THE

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF

THE CITY OF FRESNO AND THE FRESNO REVITALIZATION

CORPORATION

Actions by the Successor Agency to the Fresno Redevelopment Agency

pertaining to the dedication of a portion of property owned by the

Successor Agency to the Fresno Redevelopment Agency for the purpose

of a public street easement on a portion previously vacated Santa Clara

Street, between O Street and N Street: (Council District 3)

ID 24-1076

1. Adopt a finding of Exemption from the California Environmental

Quality Act (CEQA) per staff determination, pursuant to Section

15061(b)(3) of the CEQA Guidelines, Environmental Assessment

Number 10429;

2. RESOLUTION - Dedicating a portion of Successor Agency-owned

property for the purpose of a public street easement on a portion

previously vacated Santa Clara Street, between O Street and N

Street.

The above item was called to order at 10:30 A.M. and was presented to

Council by Redevelopment Administrator Murphey. Upon call, no members

of the public addressed Council. Public comment closed at 10:32 A.M.

There was no Council discussion on this item.

FRC VOTE: On motion of Member Arias, seconded by Member Bredefeld,

the above FRC action item was adopted. The motion PASSED by the

following vote:

Aye (7): Perea, Arias, Maxwell, Chavez, Bredefeld, Esparza, Dyer

Absent (1): Karbassi

RESOLUTION 2024-191 ADOPTED

On motion of Councilmember Arias, seconded by Councilmember

Bredefeld, that the above Action Item be ADOPTED. The motion

carried by the following vote:

Aye: 6 - Perea, Arias, Maxwell, Chavez, Bredefeld and Esparza

Absent: 1 - Karbassi

1:30 P.M.

WORKSHOP - Senator Anna Caballero’s 2024 Young Legislators

Program Presentation

ID 24-1152

The above item was removed from the agenda by Council President Perea

with no return date.

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: Jim Ellis (4-A), Brandi N.(2-C), Lisa Oliveira (2-B), Elliot Bailey

(2-C), Stanley Johnson (2-C), Kiel Lopez-Schmidt (2-C), Nasreen Johnson

(2-C), Matthew Gillian (2-C), Miss. 5250 (Closed Session/Conscent).

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: 7 -

Perea, Karbassi, Arias, Maxwell, Chavez, Bredefeld and

Esparza

Approval of the minutes for August 15, 2024, regular meeting

2.-A.

ID 24-1146

During approval of the agenda, City Clerk Stermer announced on the

attached minutes, 2-R (ID 24-1023) the title is missing from the minutes and

should read “Authorize the Chief of Police to enter into a Second

Amendment to Agreement with SoundThinking, Inc. (formerly ShotSpotter

Inc.) for an additional three years of service for a total amount not to exceed

$3,140,025 or $1,046,675 annually, for the term of July 1, 2024 through

June 30, 2027”

APPROVED ON CONSENT CALENDAR

Actions pertaining to allocation of American Rescue Plan Act funding:

ID 24-1164

2.-C.

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

$25,000; (6) LGBTQ Fresno $12,740; (7) Oasis Legal $5,160;

2. RESOLUTION - 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 agenda, City Clerk Stermer announced the Grant

award for south tower land trust to be set at $5,000 with remaining funds set

aside for next round of grant making by Councilmember Arias .

Councilmember Arias motioned to Grant award for south tower land trust to

be set at $5,000 with remaining funds set aside for next round of grant

making.

During approval of the Consent Calendar, Councilmember Bredefeld

reregistered a NO vote. As such, this item was approved 6-1 by the

following vote:

Aye: 6 – Perea, Karbassi, Arias, Maxwell, Chavez, Esparza

No: 1 – Bredefeld

RESOLUTION 2024-192 ADOPTED

APPROVED ON CONSENT CALENDAR

***RESOLUTION - Authorizing the Director of Aviation or other authorized

ID 24-1008

2.-D.

representative to: execute all implicated documentation for pre-application

and application to the Federal Aviation Administration (FAA) for Airport

Improvement Program (AIP) grants for federal fiscal years 2025 and 2026

for both Fresno Yosemite International Airport (FAT) and Fresno Chandler

Executive Airport (FCH), accept FAA AIP grant(s) for FY 2025 and FY

2026 projects at both airports including all subsequent amendments

thereto offered by the FAA; and apply for and accept grants and all

subsequent amendments thereto offered by the California Department of

Transportation Aeronautics Division for matching funds for FY 2025 and

2026 FAA grants for the Fresno Chandler Executive Airport. (Requires 5

Affirmative Votes) (Subject to Mayor’s veto)

RESOLUTION 2024-193 ADOPTED

APPROVED ON CONSENT CALENDAR

Approve a four-year preventative maintenance Service Agreement with

ID 24-989

2.-E.

SKIDATA, Inc. to provide preventative maintenance services for the

Parking Access and Revenue Control System (PARCS) at Fresno

Yosemite International Airport (FAT) in the amount of $404,740, plus

related maintenance costs not to exceed $25,000 annually. (Council

District 4)

APPROVED ON CONSENT CALENDAR

Approve a five-year Service Agreement with SKIDATA, Inc. to provide

2.-F.

2.-G.

ID 24-993

upgrades to the point of sale system and Software as a Service (SaaS) for

the Parking Access and Revenue Control System (PARCS) at Fresno

Yosemite International Airport (FAT) in the amount of $190,397. (Council

District 4)

APPROVED ON CONSENT CALENDAR

Actions Pertaining to the Rebid of the Bridge Preventive Maintenance

ID 24-1077

Program Phase II Project at Various Locations - Bid File Number

12400024-1 (Council District 4 and 7):

1. Adopt a finding of Categorical Exemption per staff’s determination,

pursuant to Sections 15301/Class 1 of the California Environmental

Quality Act (CEQA) Guidelines;

2. Award a Construction Contract in the amount of $587,120 to

American Paving Construction Company of Fresno, California.

APPROVED ON CONSENT CALENDAR

Approve the Agreement for Purchase and Sale of Real Property and

2.-H.

2.-I.

ID 24-1084

Escrow Instructions to acquire fee interest from a portion of Assessor’s

Parcel Number 477-040-58 for a total cost of $55,600 for the Southwest

Fresno Trail Project. (Council District 3)

APPROVED ON CONSENT CALENDAR

Approve the Agreement for Purchase and Sale of Real Property and

Escrow Instructions to acquire fee interest of a 0.17-acre (7,405 square

feet) improved parcel, identified as Assessor’s Parcel Number

ID 24-1087

451-134-06, owned by RR-M Reyna, Inc., a California corporation, for an

amount of $357,725, for the construction of the Blackstone McKinley BNSF

Grade Separation Project. (Council Districts 1 and 7)

APPROVED ON CONSENT CALENDAR

RESOLUTION - Authorizing the Submission of Grant Applications to the

2.-J.

ID 24-1108

California Department of Transportation Highway Safety Improvement

Program Cycle 12 Call For Projects Totaling up to $10 Million in Requests

for Funding; and Authorizing the Execution of Grant Applications and Grant

Agreement documents by the Public Works Director or Designee. (Council

Districts 2, 6, 7)

RESOLUTION 2024-194 ADOPTED

APPROVED ON CONSENT CALENDAR

Award a requirements contract to Carus, LLC., for the purchase of ortho

2.-L.

ID 24-1104

polyphosphate, for three years with an option for two one-year extensions,

in the amount of $920,887.49 per year plus annual Consumer Price Index

increases (Bid File 12401056) (Citywide).

APPROVED ON CONSENT CALENDAR

BILL

- (for Introduction) Granting Big Bros Dumpsters Rentals, E&E

2.-M.

ID 24-1112

Transport, LLC., Everyday Junk Removal & Hauling, Inc., and UC Cleanup

Services a Non-Exclusive Franchise for Roll-Off collection services within

the City of Fresno. (Citywide)

BILL B-28 INTRODUCED AND LAID OVER

APPROVED ON CONSENT CALENDAR

2.-N.

2.-O.

ID 24-1106

Approve an agreement with The Kenneth L. Maddy Institute (Maddy

Institute) allocating 150,000 in ARPA funding for recruitment, personnel

costs and scholarship support to enhance the current status of the

legislative internship program.

APPROVED ON CONSENT CALENDAR

ID 24-1115

Actions pertaining to the award of a Requirements Contract for the

purchase of eProcurement software and related services to OpenGov, Inc.

for three years, with four optional one-year extensions in an amount

not-to-exceed $28,810.60 for one-time implementation services plus

$94,415.48 per year for cloud-hosted software, with annual increases

not-to-exceed five percent (Bid File 9691)

APPROVED ON CONSENT CALENDAR

2.-P.

ID 24-1111

Actions pertaining to the award of two requirements contracts for the

purchase of On-Demand Towing Services for the City’s municipal fleet in

the total not-to-exceed aggregate amount of $280,243 per year, plus

annual price adjustments not-to-exceed 4%, and a contingency of $20,000

per year (Bid File 12401505)

1. Award

requirements contract to Reyna Towing of Fresno,

California for one year, with five optional one-year extensions for

towing services of light and medium duty municipal fleet vehicles

2. Award a requirements contract to Action Towing Dive Team, Inc. of

Fresno, California for one year, with five optional one-year

extensions for towing services of light, heavy, and super-heavy

municipal fleet vehicles

APPROVED ON CONSENT CALENDAR

Approve the First Amendment to the 2024 Playspace Agreement with

KABOOM! Inc. in the amount of $181,765, for a total increased contract

2.-Q.

ID 24-1091

amount of $474,413, and to change the proposed project location. (Council

District 4)

APPROVED ON CONSENT CALENDAR

Actions pertaining to Senior Hot Meal Programming:

1. ***RESOLUTION Approving the acceptance of

2.-R.

ID 24-1113

one-year

$160,000 Grant Award from the Fresno Madera Area Agency on

Aging (FMAAA) to the Parks, After School, Recreation, and

Community Services (PARCS) Department for the Senior Hot

Meals Program at six community centers and authorize the City

Manager or designee to execute the agreement, including any

subsequent amendments and all necessary supporting documents

with FMAAA (Subject to Mayor’s Veto)

2. ***RESOLUTION - Adopting the 9th Amendment to the Annual

Appropriation

Resolution

(AAR)

No.

2024-122

appropriating

$42,600 from the FMAAA for the Senior Hot Meals Program into the

PARCS Department’s Fiscal Year 2025 budget (Citywide)

(Requires 5 Affirmative Votes) (Subject to Mayor’s Veto)

3. RESOLUTION

Authorizing

Acceptance

Food

Service

Equipment of a value not to exceed $50,000 from the FMAAA to be

used for Senior Hot Meals Program Implementation

RESOLUTION 2024-196 ADOPTED

RESOLUTION 2024-197 ADOPTED

RESOLUTION 2024-198 ADOPTED

APPROVED ON CONSENT CALENDAR

Actions

pertaining

the

Fresno

Police

Officers

Association,

2.-T.

ID 24-1151

FPOA-Management for Unit 9

1. ***Adopt a successor Memorandum of Understanding between the City

of Fresno and Fresno Police Officers Association (Police Management -

Unit 9) (Subject to Mayor’s Veto)

2. ***RESOLUTION: Adopt the Second Amendment to FY 2025 Salary

Resolution No. 2024-120, amending Exhibit 9, Unit 9 - Police Management

(FPOA), to provide a salary increase for respective classes as required by

the Memorandum of Understanding between the City of Fresno and Fresno

Police Officers Association (Police Management - Unit 9) (Subject to

Mayor’s Veto)

RESOLUTION 2024-200 ADOPTED

APPROVED ON CONSENT CALENDAR

***RESOLUTION - Adopt the Third Amendment to Fiscal Year 2025 Salary

2.-U.

ID 24-1092

Resolution No. 2024-120, amending Exhibit 13-1, Unit 13, Exempt

Supervisory and Professional (CFPEA) by retitling the Supervising Airports

Operations Officer to Airports Operations Supervisor and increasing the

monthly salary step plan range for the classification, effective September 9,

2024 (Subject to Mayor’s Veto)

RESOLUTION 2024-201 ADOPTED

APPROVED ON CONSENT CALENDAR

Actions pertaining to the Travel Inn Affordable Rental Housing

2.-V.

ID 24-935

Development located at 1444 West White Avenue, Fresno, California

(Council District 3):

1. Adopt a Categorical Exemption per staff determination pursuant to

Section 15332/Class 32 of the California Environmental Quality Act

(CEQA) Guidelines

2. ***RESOLUTION - Adopt a Resolution in support of a contribution of

City-owned property located at 1444 West White Avenue, Fresno,

California 93728 to Cesar Chavez Foundation for the development

of affordable rental housing, and authorize the City Manager, or

designee, to execute all contract/lease related documents on behalf

of the City (Subject to Mayor’s Veto)

RESOLUTION 2024-202 ADOPTED

APPROVED ON CONSENT CALENDAR

Approve the Third Amendment to the Service Agreement with Poverello

2.-W.

ID 24-1120

House for professional triage center services at Naomi’s House and

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

with no return date.

TABLED

Actions pertaining to the 2022 State Homeland Security Grant Program

ID 24-1114

2.-X.

(SHSGP)

Authorize the Chief of Police to accept $124,756 in grant

funding for the 2022 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 2022

SHSGP grant.

APPROVED ON CONSENT CALENDAR

Actions pertaining to the 2023 State Homeland Security Grant Program

(SHSGP)

2.-Y.

ID 24-1117

Authorize the Chief of Police to accept $124,218 in grant

funding for the 2023 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 2023

SHSGP grant.

3. ***RESOLUTION

Adopt the 1st Amendment to the Annual

Appropriation

Resolution (AAR) No. 2024-122 appropriating

$124,200 for the Police Department’s 2023 State Homeland

Security Grant Program (Requires 5 Affirmative Votes) (Subject to

Mayor’s Veto).

RESOLUTION 2024-203 ADOPTED

APPROVED ON CONSENT CALENDAR

Approve the FY 24 annual participation agreement for the Federal

2.-Z.

ID 24-1118

Equitable Sharing Agreement and Certification Program for the disposition

of funds, including interest, forfeited in connection with a crime and

authorize the City Manager and the Chief of Police to execute related

documents.

APPROVED ON CONSENT CALENDAR

RESOLUTION - Approval and implementation of the Public Transit Agency

Safety Plan as required by the Federal Transit Administration, and

execution of related agent forms.

2.-AA.

2.-BB.

ID 24-1040

RESOLUTION 2024-204 ADOPTED

APPROVED ON CONSENT CALENDAR

***RESOLUTION - For the Delinquent Utilities Enforcement Act directing

ID 24-1168

the City Manager or designee to collect on all delinquent utility accounts

over $50,000 (Subject to Mayor’s Veto)

RESOLUTION 2024-205 ADOPTED

APPROVED ON CONSENT CALENDAR

***RESOLUTION - Naming the park to be located at S. MLK Jr Blvd. and E.

Church Ave. “Les Kimber Park.” (Subject to Mayor’s Veto)

2.-CC.

2.-DD.

ID 24-1101

RESOLUTION 2024-206 ADOPTED

APPROVED ON CONSENT CALENDAR

Bill - (For Introduction) - Amending Section 13-305 of the Fresno Municipal

Code, relating to Tree Preservation

ID 24-980

The above item was removed from the agenda by Councilmember Arias,

and tabled to September 12, 2024.

TABLED

***RESOLUTION - Repealing and Restating Resolution 2022-086

Establishing the City of Fresno Tree Policy (Subject to Mayor’s Veto)

2.-EE.

ID 24-1161

The above item was removed from the agenda by Councilmembers Arias,

Maxwell and Esparza, and Tabled to September 12, 2024.

TABLED

Approve the reappointment of Stefanie Diaz to the City of Fresno Women's

ID 24-1056

2.-FF.

Commission to a term ending August 29, 2026.

APPROVED ON CONSENT CALENDAR

Actions pertaining to breeding, transfer, sale of dogs and cats and

ID 24-1132

2.-GG.

licensing of dogs:

1. ***BILL B-26 - (Intro’d 8/15/2024)(For Adoption) Amending Chapter

10, Article 3, Section 10-328 of the Fresno Municipal Code, relating

to breeding, transfer and sale of dogs and cats (Subject to Mayor’s

Veto)

2. ***RESOLUTION - Rescinding Resolution Number 2024-134

relating to a temporary moratorium on the issuance of new unaltered

dog licenses, increased penalties, and development of a citywide

program to reduce unauthorized breeding. (Subject to Mayor’s

Veto)

BILL B-26 APPROVED / ORDINANCE ADOPTED AS 2024-026

RESOLUTION 2024-207 ADOPTED

APPROVED ON CONSENT CALENDAR

***BILL B-27 - (Intro’d 8/15/2024)(For Adoption) Adding Article 24 to

ID 24-1133

2.-HH.

Chapter 10 of the Fresno Municipal Code, to remove squatters from

short-term rentals and hotels (Subject to Mayor’s Veto)

BILL B-27 APPROVED / ORDINANCE ADOPTED AS 2024-027

APPROVED ON CONSENT CALENDAR

CONTESTED CONSENT CALENDAR

2.-B.

ID 24-1159

Approve the award of a contract to provide catering and concession

services to Pardini’s Inc. of Fresno, California, at the Fresno Convention

and Entertainment Center for three years with two optional one-year

extensions, and authorize the City Manager, or designee, to negotiate and

execute the contract subject to approval as to form by the City Attorney’s

Office (Bid file 12400335)

During approval of the agenda, City Clerk Stermer announced the following

corrections to the staff report:

Staff Report Subject/Agenda Title with corrections:

Approve the award of a contract to provide catering and concession services

to Pardini’s Inc. of Fresno, California, at the Fresno Convention and

Entertainment Center for three years with two optional one-year extensions,

and authorize the City Manager, or designee, to negotiate and execute the

contract subject to approval as to form by the City Attorney’s Office (Bid file

12400335)

It should read:

Approve the award of catering and concession services to Pardini’s Inc. of

Fresno, California, at the Fresno Convention and Entertainment Center for

three years with two optional one-year extensions, and authorize the City

Manager, or designee, to negotiate and execute the contract subject to

approval as to form by the City Attorney’s Office (Bid file 12400335)

Staff Report Recommendation with corrections:

Staff recommends Council approve the award of a contract to provide

catering and concession services to Pardini’s Inc. of Fresno, California, at

the Fresno Convention and Entertainment Center for three years with two

optional one-year extensions, and authorize the City Manager, or designee,

to negotiate and execute the contract subject to approval as to form by the

City Attorney’s Office

It should read:

Staff recommends Council approve the award of catering and concession

services to Pardini’s Inc. of Fresno, California, at the Fresno Convention

and Entertainment Center for three years with two optional one-year

extensions, and authorize the City Manager, or designee, to negotiate and

execute the contract subject to approval as to form by the City Attorney’s

Office.

Councilmember Arias moved the above item to Contested Consent to

discuss the agreement.

Council discussion included: the city going out to bid; when the contract

expired; negations with Pardini's; catering contracts with the Convention

Center; lost events to neighboring jurisdictions; surcharges, fees, and rates;

checks and balances with the contract; City Manager or designee authority;

current subsidy the city provides; private events, and discounts; City of

Fresno events, and community events; current rates of caterers; third party

caterers; offerings by the primary caterers; denying other caterers; losing

business do to not offering what the customers want; usage of the

convention center; number of proposals submitted; evaluation of the

proposals; conflicts; profits; third party caterers; financial responsibility;

expectations of the operator; current language for alcohol charges;

equipment ownership; current agreement; price point of food and alcohol

offered; proposed price points compared to other venues; price controls,and

caps on pricing; operator of the Save Mart Center.

Councilmember Bredefeld Recused himself due to campaign donations.

On motion of Councilmember Arias, seconded by Councilmember

Chavez, that staff's recommendation be APPROVED with the inclusion

that the full contract come back to council for final approval. The

motion carried by the following vote:

Aye: 5 - Perea, Karbassi, Arias, Maxwell and Esparza

Absent: 1 - Chavez

Recused: 1 - Bredefeld

Actions pertaining to the emergency preparation and implementation of a

ID 24-1107

2.-K.

remediation action plan for the Fresno Sanitary Landfill (Council District 3):

1. Adopt a finding of Categorical Exemption per staff determination,

pursuant to Section 15308 (Class 8) of the California Environmental

Quality Act guidelines for the remedial action project for the Fresno

Sanitary Landfill;

2. ***RESOLUTION

Declaring an urgent necessity for the

preservation of life, health, property and authorizing the City

Manager or designee, to enter into agreements without advertised

competitive bidding for the preparation and implementation of

emergency remediation plan to mitigate gas emission exceedances

at the north side of Fresno Sanitary Landfill. (Requires 5 Affirmative

Votes) (Subject to Mayor’s Veto)

Councilmember Arias moved the above item to Contested Consent to get

clarification on the "exceeds leakage" language in the staff report.

Council discussion included: grade adjustments; and public notification.

RESOLUTION 2024-195 ADOPTED

On motion of Councilmember Arias, seconded by Councilmember

Maxwell, that the above Action Item be ADOPTED. The motion carried

by the following vote:

Aye: 7 -

Perea, Karbassi, Arias, Maxwell, Chavez, Bredefeld and

Esparza

Actions pertaining to the Fresno Police Officers Association, FPOA-Basic

for Unit 4

2.-S.

ID 24-1150

1. ***Adopt a successor Memorandum of Understanding between the City

of Fresno and Fresno Police Officers Association (Non-Management

Police - Unit 4) (Subject to Mayor’s veto)

2. ***RESOLUTION - Adopt the First Amendment to FY 2025 Salary

Resolution No. 2024-120, amending Exhibit 4, Unit 4 - Non-Management

Police (FPOA), to provide a salary increase for respective classes as

required by the Memorandum of Understanding between the City of Fresno

and Fresno Police Officers Association (Non-Management Police - Unit 4)

(Subject to Mayor’s veto)

Councilmember Arias moved the above item to Contested Consent to

discuss the proposed contract.

Council discussion included: list of contracted police services for last year;

increased percentage; terms of the President and Vice President; requested

modifications; over staffing; additional pay for bilingual employees; long

term absences, premium pay, and the task force assigned for investigations;

rehab for employees; premium pay verses base pay; overtime pay;

minimum staffing; drug testing officers; additional officers; differences

between city employees jobs; labor negations; workers rights; and trends of

long term absences.

RESOLUTION 2024-199 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: 7 -

Perea, Karbassi, Arias, Maxwell, Chavez, Bredefeld and

Esparza

3. GENERAL ADMINISTRATION

***RESOLUTION - Amending the Better Business Act (Resolution

3.-A.

ID 24-1141

2009-118) to add an exception for Exclusive Negotiating Agreements

pertaining to private projects contemplated on City owned property that are

anticipated to provide a substantial public benefit. (Subject to Mayor’s veto)

During approval of the agenda, City Clerk Stermer announced for the record,

there will be a motion to approve this item with the following revision:

Section 1(a) of the resolution is amended to read, “The ENA is for the

purpose of negotiating the terms and conditions of a private project that will

be located on City owned property in Roeding Park.” by Councilmember

Arias

Upon call, the following members of the public addressed Council: Miss.

5250.

Councilmember Arias motioned to amend section 1(a) to read "The ENA is

for the purpose of negotiating the terms and conditions of a private project

that will be located on City owned property in Roeding Park, and to approve

the entering into exclusive negotiating agreement with the Fresno Chaffee

Zoo Corporation."

Council discussion included: exemption to the Better Business Act;

discussions with the zoo; parking; visitors; parking garage; growth of the

zoo; activities at the park; and environmental studies.

RESOLUTION 2024-190 ADOPTED

On motion of Councilmember Arias, seconded by Councilmember

Chavez, that the above Action Item be ADOPTED AS AMENDED. The

motion carried by the following vote:

Aye: 7 -

Perea, Karbassi, Arias, Maxwell, Chavez, Bredefeld and

Esparza

Actions pertaining to an Exclusive Negotiating Agreement with Fresno’s

Chaffee Zoo Corporation:

3.-B.

ID 24-1142

1. Invoke Exception to the Better Business Act pursuant to Section 2

pertaining to certain Exclusive Negotiating Agreements.

2. Enter into an Exclusive Negotiating Agreement with Fresno’s

Chaffee Zoo Corporation to develop the terms of an Amendment to

the Lease Agreement and to negotiate terms to construct, operate,

manage, and maintain anticipated improvements to parking

facilities.

Council discussion was combined with item 3-A (ID 24-1141).

On motion of Councilmember Arias, seconded by Councilmember

Chavez, that the above Action Item be APPROVED. The motion carried

by the following vote:

Aye: 7 -

Perea, Karbassi, Arias, Maxwell, Chavez, Bredefeld and

Esparza

Actions pertaining to the South Central Fresno AB 617 Community Truck

Reroute Study, Fresno Community Environmental Health Impact

Assessment, and to City of Fresno Truck Route Map:

3.-C.

ID 24-1109

1. RESOLUTION - Accepting the South Central Fresno AB 617

Community Truck Reroute Study prepared by Arcadis, and the

Fresno Community Environmental Health Impact Assessment

prepared by University of California, Merced;

2. BILL - (For Introduction) Adopting changes and additions to the

official list of designated truck routes within the City of Fresno

pursuant to Section 14-1303 of the Fresno Municipal Code.

(Citywide)

The above item was removed from the agenda by Councilmember Karbassi,

and staff, and tabled to September 26, 2024.

TABLED

UNSCHEDULED COMMUNICATION

Upon call, the following people addressed Council with unscheduled

communication: Gary Doesekle, Karin Campbell, Leslie Swan; Tami

Richardson, Cindy Fukuyama, Sharon Toroian.

ID 24-1298

Public Comment Received

4. CITY COUNCIL

Bill - (For Introduction) - Adding Chapter 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

4.-A.

ID 24-1177

Upon call, the following members of the public addressed Council: Brandi

N., Miss. 5250, Joseph Stevens, Cindy, and Fernando Paul Elizondo Sr.

Council discussion included: clarification on the ordinance; drug

paraphernalia; rights of property owners; issues with trespassers; small

business owners; hazards; tax dollars funding services; when the ordinance

will go into effect; business fire in the Tower District; and extending the

terms to include after business hours.

BILL B-29 INTRODUCED AND LAID OVER

On motion of Councilmember Bredefeld, seconded by Vice President

Karbassi, that the above Action Item be ADOPTED. The motion carried

by the following vote:

Aye: 7 -

Perea, Karbassi, Arias, Maxwell, Chavez, Bredefeld and

Esparza

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 2:55 P.M.

CONFERENCE WITH LABOR NEGOTIATORS - Government Code

5.-A.

ID 24-983

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. There were no open

session announcements for this item.

DISCUSSED

CONFERENCE WITH LEGAL COUNSEL - PUBLIC SECURITY -

ID 24-1136

5.-B.

Government Code Section 54957(a): Discuss security of City Hall.

The above item was discussed in closed session. There were no open

session announcements for this item.

DISCUSSED

CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION

Government Code Section 54956.9, subdivision (d)(1)

South Fresno Community Alliance v. City of Fresno; Fresno Superior Court

Case No.: 21CECG03237

5.-C.

ID 24-1090

The above item was discussed in closed session. There were no open

session announcements for this item.

DISCUSSED

CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION

ID 24-1098

5.-D.

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

CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION

ID 24-1102

5.-E.

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

CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION

ID 24-1054

5.-F.

Government Code Section 54956.9, subdivision (d)(1)

Case Name: Michael Manfredi v City of Fresno, PSI Administered by

Tristar Risk Management, Tristar Claim Number 1010104609-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 24-1148

5.-G.

Government Code Section 54956.9, subdivision (d)(1)

City of Fresno v. County of Fresno; Fresno Superior Court Case No.: