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 26, 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

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 Pastor Cassandra Topping from the Northeast Assembly of God

Pastor Cassandra Topping 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:

9:45 A.M. (ID 24-1223) regarding the acquisition of fee title interest of

parcels to benefit the Blackstone McKinley BNSF Grade Separation Project -

the names on the agenda title had been updated to read "Maninder Singh

Sandhu" and "Palwinder Kaur Sandhu."

2-B (ID 24-1296) regarding the airport joint use agreement with the United

States of America for use of Airfield Facilities at Fresno Yosemite

International Airport (FAT) – references to potential revenue in the amount of

$289,312.56 had been updated to $325,476.63.

2-H (ID 24-1275) regarding service agreements for One Fresno Youth Jobs

Corps Program - Councilmember Arias recused himself for his service on

the board of the Downtown Partnership with the Mayor.

2-AA (ID 24-1297) regarding the South Central Fresno AB 617 Community

Truck Reroute Study and related Health Assessment - the title had updated

to add the words “at no additional cost” to the end of each of the three

numbered subparts as follows:

1. Approve a third amendment to consultant agreement with Arcadis,

formerly IBI Group, to extend the agreement to December 31, 2024, at no

additional cost.

2. Approve a third amendment to research agreement with the University of

California, Merced, related to the health assessment, to extend the

agreement to December 31, 2024, at no additional cost.

3. Approve a second amendment to the reimbursement agreement with the

San Joaquin Valley Air Pollution Control District (District) for the South

Central Fresno AB 617 Community Truck Reroute Study and related Health

Assessment to extend the agreement to December 31, 2024, at no

additional cost.

THE FOLLOWING ITEMS WERE REMOVED FROM THE AGENDA:

9:55 A.M. (ID 24-1192) regarding an appeal related to Conditional Use

Permit Application No. P23-03592 and related Environmental Assessment

No. P23-03592 - tabled to October 31, 2024, at 1:30 P.M. by

Councilmember Arias who also read the following statement into the record:

"The date would be October 31, 2024, the time would be 1:30 P.M. with

direction for City staff to provide information regarding the YMCA parcel, its

use in relation to current non-conforming use. If the department determines

the use of the YMCA parcel is substantially related to the operation of A1

Auto, direct staff to work with the applicant to include the YMCA parcel in the

conditional use permit. When the item returns to council, if the YMCA parcel

is included, conditions may be placed upon the use of the YMCA parcel so

long as the conditions meet the requirements of nexus and rough

proportionality."

2-DD (ID 24-1300) regarding a grant agreement with Marjaree Mason

Center allocating $75,000 in funding for the Community Resource Building

Project – tabled to October 10, 2024, by staff.

THE FOLLOWING CONSENT CALENDAR ITEMS WERE MOVED TO THE

CONTESTED CONSENT CALENDAR FOR FURTHER DISCUSSION:

2-F (ID 24-1302) regarding a voluntary collection agreement with

Homeway.com, Inc., VRBO.com, and its subsidiaries for collection Transient

Occupancy Tax - moved to contested consent by Councilmember Arias.

2-I ( ID 24-1074) regarding a regulatory agreement and restrictive covenants

with Fresno Mission Communities, Inc. - moved to contested consent by

Councilmember Arias.

2-J (ID 24-1228) regarding acceptance of donated funds from the Fresno

Police Chief’s Foundation - moved to contested consent by Councilmember

Arias

2-L (ID 24-1303) regarding the "Skywatch" Air Support Unit lease purchase

and installation agreements with Airbus, Inc. and Hangar One, Inc. - moved

to contested consent by Councilmember Arias.

2-U (ID 24-1315) regarding an extraterritorial water and sewer service and

offsite infrastructure agreement with Clovis Unified School District - moved

to contested consent by Councilmember Arias.

2-V (ID 24-1211) regarding the second agreement with the Fresno County

Transportation Authority for the Highway Litter Abatement Program - moved

to contested consent by Councilmember Arias.

2-AA (ID 24-1297) regarding the South Central Fresno AB 617 Community

Truck Reroute Study and related health assessment - moved to contested

consent by Vice President Karbassi.

On motion of Councilmember Arias, seconded by Councilmember

Chavez, 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 of Childhood Cancer Awareness Month

Proclamation for “Dunn Transport”

ID 24-1017

PRESENTED

ID 24-1208

PRESENTED

Proclamation for “Sophia Maria Lesseos Day”

ID 24-1229

PRESENTED

Fresno Animal Center presents “Pet of the Month”

ID 24-1072

PRESENTED

COUNCILMEMBER REPORTS AND COMMENTS

Councilmember Arias Reports and Comments: Discussed the success of the

recent Why Not Wednesdays event. Announced the upcoming ribbon

cutting for Hotel Fresno.

Councilmember Maxwell Reports and Comments: Discussed the Central

Valley Honor Flight and thanked fellow Councilmembers for supporting the

budgeting of $100,000 to support the program.

Councilmember Chavez Reports and Comments: Acknowledged United

Health Centers for providing the first cancer screening machine available in

South Fresno. Thanked the anonymous donor that helped ensure everyone

on the Senior AC Program wait list would receive an AC unit.

Acknowledged the Iron Workers for their partnership in the Senior AC

Program.

Councilmember Bredefeld Reports and Comments: Acknowledged the

Mayor, and Councilmembers that initiated the "no camping ordinance" and

the City Attorney and Police Department for enforcing it.

Councilmember Esparza Reports and Comments: Acknowledged District 7

resident Mrs. Scott for hosting a recent Neighbors Night Out event.

Welcomed new resources in District 7 including: Fresno Interdenominational

Refugee Ministries' new Refuge Welcome Center; Every Neighborhood

Partnership’s new facility, and; BoldAge's new PACE senior care facility.

Discussed the success of Fresno Greek Fest.

Vice President Karbassi Reports and Comments: Discussed the life of

Ramiro U. Estalilla Jr. and requested the meeting adjourn in his memory.

Acknowledged the excellent work by Fresno Police, Code Enforcement,

CUSD Trustee Olivier, Linda Amparano, and Principal Debra Bolls

advocating for the Pinedale Elementary neighborhood and dealing with the

un-housed population. Announced his meeting with Bullard Talent Principal

Catherine Aujero to find solutions to the traffic safety issues around the

school. Discussed his meeting with the Assistant Director of the Fresno

County Public Heath Department to learn more about the services provided

by the organization. Acknowledged staff for getting the Pinedale community

pool operational and allowing it to remain open longer than usual.

Announced Public Works had completed median work Herndon Avenue and

a left turn phasing signal at Van Ness and Herndon Avenues. Wished a

happy Rosh Hashanah to the local Jewish American community and to

Temple Beth Israel in District 2. Criticized the rhetoric in the media

surrounding Fresno State President Dr. Saúl Jiménez-Sandoval.

Council President Perea Reports and Comments: Attended a League of

Cities Conference in Washington, D.C. Discussed the challenges, concerns

and benefits relating to the implementation of Class IV Bikeways and

alternate means of transportation. Announced the meeting would be

adjourned in the memories of Ramiro U. Estalilla Jr. and Henry John Abels

Rodriguez.

MAYOR/MANAGER REPORTS AND COMMENTS

There were no reports or comments from Mayor Dyer, or City Manager

White.

CITY CLERK AND CITY ATTORNEY REPORTS AND COMMENTS

There were no reports from City Clerk Stermer, or City Attorney Janz.

1. SCHEDULED COUNCIL HEARINGS AND MATTERS

9:15 A.M.

HEARING to adopt resolutions and ordinance to annex territory and

Levy Special Tax regarding City of Fresno Community Facilities

ID 24-1261

District Number 9, Annexation Number 60 (territory known as Assessor’s

Parcel Number 487-150-45S & 487-150-46S) (Southwest corner of East

Jensen Avenue & South Holloway Avenue) (Council District 5);

1. ***RESOLUTION

to Annex Territory to Community Facilities

District No. 9 and Authorize the Levy of a Special Tax for

Annexation No. 60 (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. 60 (Subject to Mayor’s Veto)

The above item was called to order at 9:58 A.M. and was presented to

Council by Supervising Engineering Technician Gonzales. Upon call, no

members of the public addressed Council. Public comment closed at 10:00

A.M.

There was no Council discussion.

RESOLUTION 2024-219 ADOPTED

RESOLUTION 2024-220ADOPTED

RESOLUTION 2024-221ADOPTED

BILL B-32 APPROVED / ORDINANCE ADOPTED AS 2024-030

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, Arias, Chavez and Bredefeld

Absent: 2 - Maxwell and Esparza

9:20 A.M. #1

HEARING to adopt Resolutions and Ordinance to annex territory and

levy a Special Tax regarding City of Fresno Community Facilities District

Number 18, Annexation Number 001 (Final Tract Map Number 6362)

(Located on the northeast corner of West Indianapolis Avenue and

North Garfield Avenue) (Council District 1);

ID 24-1259

1. ***RESOLUTION

to Annex Territory to Community Facilities

District No. 18 and Authorize the Levy of a Special Tax for

Annexation No. 001 (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. 18,

Annexation No. 001 (Subject to Mayor’s Veto)

The above item was called to order at 10:00 A.M. and was presented to

Council by Supervising Engineering Technician Gonzales. Upon call, the

following members of the public addressed Council: Fernando Paul

Elizondo. Public comment closed at 10:14A.M.

Council discussion included: Clarification on the purpose and benefits of

Community Facilities Districts (CFDs); whether it was fair to require payment

for the services provided to CFDs; how past tax agreements with the County

of Fresno have impacted City services; the effects high property taxes might

have on future developments and CFDs; eligible infrastructure and

operational costs under CFDs normally covered by the general fund of a

city, and; impact fees paid by developers.

RESOLUTION 2024-222 ADOPTED

RESOLUTION 2024-223 ADOPTED

RESOLUTION 2024-224 ADOPTED

BILL B-33 INTRODUCED / ADOPTED AS ORDINANCE 2024-031

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

9:20 A.M. #2(CONTINUED TO OCTOBER 31, 2024 AT 9:20 A.M.)

HEARING

consider

Conditional

Use

Permit

Application

No.

ID 24-1250

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

proposed Arco AM/PM

combination automobile service station and convenience store.

CONTINUED AS NOTED

9:25 A.M. #1

HEARING to adopt resolutions and ordinance to annex territory and levy

ID 24-1263

a special tax regarding City of Fresno Community Facilities District

Number 11, Annexation Number 151 (Final Tract Map Number 6362)

(Located on the northeast corner of West Indianapolis Avenue and

North Garfield Avenue) (Council District 1)

1. ***RESOLUTION

to Annex Territory to Community Facilities

District No. 11 and Authorize the Levy of a Special Tax for

Annexation No. 151 (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. 11,

Annexation No. 151 (Subject to Mayor’s Veto)

The above item was called to order at 10:15 A.M. and was presented to

Council by Supervising Engineering Technician Gonzales. Upon call, no

members of the public addressed Council. Public comment closed at 10:16

A.M.

There was no Council discussion on this item.

RESOLUTION 2024-225 ADOPTED

RESOLUTION 2024-226 ADOPTED

RESOLUTION 2024-227 ADOPTED

BILL B-34 INTRODUCED / ADOPTED AS ORDINANCE 2024-032

On motion of Councilmember Arias, seconded by President Perea, that

the above Action Item be ADOPTED. The motion carried by the

following vote:

Aye: 7 - Perea, Karbassi, Arias, Maxwell, Chavez, Bredefeld and

Esparza

9:25 A.M. #2(CONTINUED TO OCTOBER 10, 2024, AT 9:25 A.M.)

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.

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

District Specific Plan Draft Land Use Map and Draft Specific Plan

update

ID 24-1170

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.

ID 24-1213

Actions pertaining to adopting an ordinance granting Non-Exclusive

Roll-Off Franchises (Citywide):

1. Hold a hearing on September 26, 2024, at 9:35 a.m. in accordance

with Fresno City Charter Section 1303 related to the ordinance and

adoption of the ordinance;

2. ***BILL No. B-28 (Introduced August 29, 2024) (For adoption) of the

City of Fresno, California, to grant Big Bros Dumpsters Rentals, E&E

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 (Subject to Mayor’s veto);

3. Authorize the Director of Public Utilities, or designee, to execute the

agreements of Non-Exclusive Franchise for Roll-Off Collection

Services with the City of Fresno.

The above item was called to order at 10:17 A.M. and was presented to

Council by Assistant Director Alkhayyat. Upon call, no members of the public

addressed Council. Public comment closed at 10:20 A.M.

Council discussion included: whether vendor assessments included

checking for citations and business licenses, and; if any vendors were left off

the approved list.

The initial motion and vote on the above item occurred prior to taking public

comment. The initial motion was made by Councilmember Arias, seconded

by Councilmember Bredefeld to adopt the item. The motion carried by the

following vote:

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

Council President Perea called the hearing back to order to allow for public

comment and a subsequent vote was taken.

ORDINANCE 2024-033 ADOPTED

On subsequent motion of Councilmember Arias, seconded by Vice

President Karbassi, that the above Action Item be ADOPTED. The

motion carried by the following vote:

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

Absent: 1 - Maxwell

9:40 A.M.

Actions pertaining to the acquisition of fee title interest of a parcel to

benefit the Blackstone McKinley BNSF Grade Separation Project

(Council Districts 1 and 7):

ID 24-1222

1. HEARING to consider a Resolution of Necessity for acquisition of fee

title interest for rights of way for public street purposes of

Assessor Parcel Numbers 451-071-17 and 451-071-34, owned by

Arthur and Patricia Velasquez, for the construction of the

Blackstone McKinley BNSF Grade Separation Project;

2. ***RESOLUTION

Determining that public interest and necessity

require acquisition of fee interest for rights of way for public street

purposes of Assessor’s Parcels Numbers 451-071-17 and 451-

071-34, owned by Arthur and Patricia Velasquez, for the

construction of the Blackstone McKinley BNSF Grade Separation

Project and authorizing eminent domain proceedings for public

use and purpose. (Requires

Mayor’s Veto)

affirmative votes) (Subject to

The above item was called to order at 10:32 A.M. and was presented to

Council by Supervising Real Estate Agent Bruno, and Licensed Professional

Engineer Bain. Upon call, the following members of the public addressed

Council: Yonas Paulos. Public comment closed at 10:40 A.M.

Council discussion included: the improved quality of the work; the details of

the agreement and approximate appraised value of the property, and

discussion about what would occur if escrow did not close.

RESOLUTION 2024-228 ADOPTED

On motion of Councilmember Esparza, 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

9:45 A.M.

Actions pertaining to the acquisition of fee title interest of parcels to

benefit the Blackstone McKinley BNSF Grade Separation Project

(Council Districts 1 and 7):

ID 24-1223

1. HEARING to consider a Resolution of Necessity for acquisition of fee

title interest for rights of way for public street purposes of

Assessor Parcel Numbers 446-232-36 and 446-232-40, owned by

Maninder Singh and Palwinder Kaur Singh, for the construction of

the Blackstone McKinley BNSF Grade Separation Project;

2. ***RESOLUTION

Determining that public interest and necessity

require acquisition of fee interest for rights of way for public street

purposes of Assessor’s Parcels Numbers 446-232-36 and 446-

232-40, owned by Maninder Singh Sandhu and Palwinder Kaur

Sandhu, for the construction of the Blackstone McKinley BNSF

Grade Separation Project and authorizing eminent domain

proceedings for public use and purpose. (Requires 5 affirmative

votes) (Subject to Mayor’s Veto)

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

agenda title should be updated so the names read Maninder Singh Sandhu

and Palwinder Kaur Sandhu.

The above item was called to order at 10:40 A.M. and was presented to

Council by Supervising Real Estate Agent Bruno, and Licensed Professional

Engineer Bain. Upon call, no members of the public addressed Council.

Public comment closed at 10:45 A.M.

There was no Council discussion on this item.

RESOLUTION 2024-229 ADOPTED

On motion of Councilmember Bredefeld, seconded by Councilmember

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

the following vote:

Aye: 7 - Perea, Karbassi, Arias, Maxwell, Chavez, Bredefeld and

Esparza

9:55 A.M.

HEARING to consider an appeal related to Conditional Use Permit

Application No. P23-03592 and related Environmental Assessment No.

ID 24-1192

P23-03592,

pertaining

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

and,

Class

(Existing Facilities) Categorical Exemption;

2. DENY the appeal and UPHOLD the action of the Planning

Commission to approve Conditional Use Permit Application No.

P23-03592 and related Environmental Assessment No. P23-

03592,

authorizing

the

expansion

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.

During the approval if the agenda, City Clerk Stermer announced this item

was removed from the agenda and tabled to October 31, 2024 at 1:30 P.M.

by Councilmember Arias.

Councilmember Arias read the following statement into the record: The date

would be October 31, 2024, the time would be 1:30 P.M. with direction for

City staff to provide information regarding the YMCA parcel, its use in

relation to current non-conforming use. If the department determines that the

use of the YMCA parcel is substantially related to the operation of A1 Auto;

direct staff to work with the applicant to include the YMCA parcel in the

conditional use permit. When the item returns to council, if the YMCA parcel

is included, conditions may be placed upon the use of the YMCA parcel so

long as the conditions meet the requirements of nexus and rough

proportionality.

10:00 A.M.

Appearance by the Fresno Valley Dream Center to discuss Love Note

evidence based curriculum

ID 24-1294

APPEARED

10:03 A.M.

Appearance by Fernando Paul Elizondo to discuss the use of eminent

domain and public comment. (District 3 Resident)

ID 24-1224

APPEARED

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: Diane Smith (all agenda items), Miss 5250 (closed session).

During the approval of the Consent Calendar, Councilmember Arias

Recused himself from agenda item 2-H (ID 24-1275) due to serving on the

board of the Downtown Partnership.

During the approval of the Consent Calendar, Councilmember Karbassi

registered a NO vote on agenda item 2-G (ID 24-1255).

APPROVAL OF THE CONSENT CALENDAR

On motion of Councilmember Bredefeld, seconded by Councilmember

Arias, 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 September 12, 2024, regular meeting

2.-A.

2.-B.

ID 24-1292

APPROVED ON CONSENT CALENDAR

Actions related to the Airport Joint Use Agreement with the United

ID 24-1296

States of America covering the use of Airfield Facilities at Fresno

Yosemite International Airport (FAT) by California Air National Guard

(CANG). (Council District 4)

1. Adopt a finding of Categorical Exemption pursuant to Section

15301 (Existing Facilities) of the

California Environmental Quality Act Guidelines; and

2. Approve an Airport Joint Use Agreement with the United States of

America covering the use of Airfield Facilities at FAT by California

Air National Guard (CANG) for the term of seven (7) years. The

amount of potential revenue generated by this Agreement is

$289,312.56 for fees from the two (2) year holdover period, and

an additional $1,076,489.70 in fees from years 3-7 for the

remaining term of the Agreement. Total anticipated revenue

during the full term of the Agreement is approximately

$1,365,802.26, plus annual CPI adjustments not to exceed 3%.

During the approval of the agenda City Clerk Stermer announced – the

amount of potential revenue generated by this Agreement reads

$289,312.56, the amount should read $325,476.63 for fees from the two

2-year holdover period, and an additional $1,076,489.70 in fees from years

3-7 for the remaining term of the agreement.

APPROVED ON CONSENT CALENDAR

***RESOLUTION

Adopt the 10th Amendment to the Annual

2.-C.

ID 24-1276

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).

RESOLUTION 2024-230 ADOPTED

APPROVED ON CONSENT CALENDAR

***Bill B-31 (Intro’d September 12, 2024) (For Adoption) - Amending

Hearing Officer Authority, FMC section 1-409, to provide authority for

limited reductions in fines. (Subject to Mayor’s Veto)

2.-D.

ID 24-1280

BILL B-31 APPROVED / ORDINANCE ADOPTED AS 2024-034

APPROVED ON CONSENT CALENDAR

Approve the Third Amendment to the Agreement with the Fresno Area

Hispanic Foundation for the Small Business Façade Program adding

$400,000 in additional funding and extending the term to December 31,

2025

2.-E.

2.-G.

ID 24-1253

APPROVED ON CONSENT CALENDAR

Actions Pertaining to the Bureau of Justice Assistance (BJA) Byrne

Discretionary Grant:

ID 24-1255

1. Approving a grant subrecipient agreement (Agreement) with the

Fresno Economic Opportunities Commission (EOC) to provide

reimbursement for licensed mental health services for Advance

Peace Fellows and violence impacted individuals in amount not to

exceed $270,000.

2. Authorizing the City Manager or Designee to execute the

Agreement on behalf of the City of Fresno.

During approval of the Consent Calendar, Vice President Karbassi

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

the following vote:

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

No: 1 – Karbassi

APPROVED ON CONSENT CALENDAR

Actions pertaining to service agreements for One Fresno Youth Jobs

ID 24-1275

2.-H.

Corps Program between the City of Fresno (City) and the CBOs:

1. Approve the Second Amendment to the agreement between the

City and Downtown Association of Fresno to extend the term

through June 30, 2025 and increase compensation in the total

amount to not exceed $703,030.

2. Approve the First Amendment to the agreement between the City

and Career Nexus to extend the term through June 30, 2025 and

increase compensation in the total amount to not exceed

$176,820.

3. Approve the First Amendment to the agreement between the City

and Community Media Access Collaborative (CMAC) to extend

the term through June 30, 2025 and increase compensation in

the total amount to not exceed $84,510.

4. Approve the First Amendment to the agreement between the City

and Fresno County Economic Opportunities Commission (Fresno

EOC) to extend the term through June 30, 2025 and increase

compensation in the total amount to not exceed $285,110.

5. Approve the First Amendment to the agreement between the City

and Poverello House to extend the term through June 30, 2025

and increase compensation in the total amount to not exceed

$276,850.

During the approval of the agenda City Clerk Stermer announced

Councilmember Arias has recused himself due to service on the board of the

Downtown Partnership with the Mayor. As such, this item was approved 6-0

by the following vote:

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

No: 0 –

Recused: 1 – Arias

APPROVED ON CONSENT CALENDAR

Actions pertaining to the 2025 Selective Traffic Enforcement Program

ID 24-1272

2.-K.

(STEP) grant

1. Authorize the Chief of Police to accept $673,000 in grant funding

for the 2025 STEP grant awarded to the Fresno Police

Department

from

the

National

Highway

Traffic

Safety

Administration (NHTSA) through the California Office of Traffic

Safety (OTS)

2. Authorize the Chief of Police or her designee to execute the

agreement, extensions and all related documentation applicable

to the 2025 STEP grant

3. ***RESOLUTION - Adopt the 14th Amendment to the Annual

Appropriation Resolution (AAR) No. 2024-122 appropriating

$502,500 for the Police Department’s STEP grant (Requires 5

Affirmative Votes) (Subject to Mayor’s Veto).

RESOLUTION 2024-231 ADOPTED

APPROVED ON CONSENT CALENDAR

2.-M.

ID 24-1256

***RESOLUTION

Adopting the 15th Amendment to the Annual

Appropriations Resolution No. 2024-122 appropriating $18,635,900 for

the Capital Projects Department budget to allocate retained earnings

from the Downtown Fresno Infrastructure Grant for the remaining fiscal

year expenditures and reappropriate $4,254,100 from Public Works

Department to Capital Projects Department. (Requires 5 Affirmative

Votes) (Subject to Mayor’s Veto)

RESOLUTION 2024-216 ADOPTED

APPROVED ON CONSENT CALENDAR

Actions pertaining to professional on-call engineering design services for

2.-N.

ID 24-1233

the Capital Projects Department on City of Fresno water, wastewater,

and recycled water capital improvement projects (Bid File 12400575)

(Citywide):

1. Approve an On-Call Consultant Services Agreement with

AECOM Technical Services, Inc., of Fresno, California in the

amount of $1,000,000;

2. Approve an On-Call Consultant Services Agreement with

Blair, Church, & Flynn Consulting Engineers, Inc., of Clovis,

California in the amount of $1,000,000;

3. Approve an On-Call Consultant Services Agreement with

Carollo Engineers, Inc., of Fresno, California in the amount of

$1,000,000;

4. Approve an On-Call Consultant Services Agreement with

Michael K. Nunley & Associates, of Fresno, California, in the

amount of $1,000,000;

5. Approve an On-Call Consultant Services Agreement with

Provost & Pritchard Consulting Group, of Clovis, California in

the amount of $1,000,000.

APPROVED ON CONSENT CALENDAR

Actions pertaining to professional On-Call Construction Management

Services for the Capital Projects Department on City of Fresno capital

improvement projects: (Bid File 12402167) (Citywide);

2.-O.

ID 24-1235

Approve an On-Call Consultant Services Agreement with NV5,

Incorporated of Fresno, California in the amount of $5,000,000;

Approve an On-Call Consultant Services Agreement with Anser

Advisory of Bakersfield, California in the amount of $5,000,000;

Approve an On-Call Consultant Services Agreement with CCME,

Incorporated of Fresno, California in the amount of $5,000,000.

APPROVED ON CONSENT CALENDAR

Reject all bids received for the Paul “Cap” Caprioglio Community Center

Remodel Project. (Bid File No. 12403201) (Council District 4)

2.-P.

2.-Q.

ID 24-1240

APPROVED ON CONSENT CALENDAR

Approve

Consultant Services Agreement with WRT Inc., of San

ID 24-1244

Francisco, California in the amount of $900,969, with a contingency

amount not to exceed $120,000, for the design and construction support

services for the Fresno Metropolitan Flood Control District Basins

Project. (Council District 2, 3, 4 and 6)

APPROVED ON CONSENT CALENDAR

***RESOLUTION

Authorizing the Public Works Director, Capital

2.-R.

ID 24-1247

Projects Director, or their respective designees to negotiate and

execute, on behalf of the City, all project-related documents and

agreements, including amendments, with utility companies, public or

otherwise, for public work of improvement no greater than the formal bid

limit. (Citywide) (Subject to Mayor’s Veto)

RESOLUTION 2024-232 ADOPTED

APPROVED ON CONSENT CALENDAR

Approve the First Amendment to the consultant services agreement with

Partners in Control Inc., dba Enterprise Automation, in the amount of

$200,000, increasing the total contract amount to $650,000. (Citywide)

2.-S.

2.-T.

ID 24-1266

APPROVED ON CONSENT CALENDAR

Award a Product Requirements Contract for Bulk Sodium Hypochlorite

ID 24-1274

with Thatcher Company of California, Inc., for three years with an option

for two one-year extensions; with a total not to exceed contract amount

of $5,371,126.20, plus annual Consumer Price Index increases (Bid File

12401016-1) (Citywide).

APPROVED ON CONSENT CALENDAR

RESOLUTION - Authorizing the Submission of a Grant Application to

2.-W.

ID 24-1248

the United States Department of Transportation Reconnecting

Communities Pilot Grant Program Cycle 3 Call For Projects Totaling up

to $2 Million in Request for Funding; and Authorizing the Execution of a

Planning Grant Application and Grant Agreement documents by the

Public Works Director or Designee (Council District 3 and 5)

RESOLUTION 2024-234 ADOPTED

APPROVED ON CONSENT CALENDAR

RESOLUTION

Of Intention to Annex Final Parcel Map Number

2.-X.

ID 24-1258

2004-36 as Annexation Number 59 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 9:15

am. (East Belmont Avenue and North Laverne Avenue) (Council District

RESOLUTION 2024-235 ADOPTED

APPROVED ON CONSENT CALENDAR

RESOLUTION

Of Intention to Annex the Territory Known as

2.-Y.

ID 24-1260

Assessor’s Parcel Number 511-250-02 as Annexation Number 63 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 31, 2024, at 9:10 am (Located on the east side of North Blythe

Avenue, south of West Ashlan Avenue) (Council District 1)

RESOLUTION 2024-236 ADOPTED

APPROVED ON CONSENT CALENDAR

Award a requirements contract to Witbro Inc. dba Seal Rite Paving &

2.-Z.

ID 24-1277

Grading for one year with four optional one-year extensions in an

amount not to exceed $406,611.55 per year to furnish and install

pavement undulations on various streets (Bid File 12402144) (Citywide).

APPROVED ON CONSENT CALENDAR

RESOLUTION -Authorizing submission of

funding request in the

2.-BB.

ID 24-1239

amount of $2,194,113 to the Low Carbon Transit Operations Program

for the purchase of two (2) Hydrogen Fuel Cell Electric Buses, execution

of grant award documents if awarded, and execution of related

certifications and assurances and authorized agent forms.

RESOLUTION 2024-237 ADOPTED

APPROVED ON CONSENT CALENDAR

Actions related to the California State of Good Repair (SGR) Program

2.-CC.

ID 24-1262

for funding to conduct FAX maintenance facility improvements:

1. Adopt a finding of Class 1 Categorical Exemption for Existing

Facilities pursuant to the California Environmental Quality Act

(CEQA) Guidelines Section 15301.

2. ***RESOLUTION

Authorizing

submission

project

description for and acceptance of funding in the amount of

$1,348,874 from the California State of Good Repair (SGR)

program, approving the associated FY 2024-25 project list, and

authorizing execution of grant documents. (Subject to Mayor’s

veto)

RESOLUTION 2024-238 ADOPTED

APPROVED ON CONSENT CALENDAR

Approve Grant Agreement with Marjaree Mason Center (MMC)

2.-DD.

ID 24-1300

allocating $75,000 in funding for the MMC Community Resource

Building Project.

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

item was removed from the agenda, and tabled to October 10, 2024 by staff

TABLED

Approve Grant Agreement with Marjaree Mason Center (MMC)

ID 24-1301

2.-EE.

allocating $300,000 in funding for Domestic Violence Emergency

Response and Safe Housing Programs

APPROVED ON CONSENT CALENDAR

CONTESTED CONSENT CALENDAR

Approve a Voluntary Collection Agreement with HOMEAWAY.COM,

2.-F.

ID 24-1302

INC. (Vrbo.com) and its subsidiaries for collection of City of Fresno

Transient Occupancy Tax and authorize the City Controller to execute

the Agreement.

Councilmember moved the above item to the Contested Consent Calendar

to clarify how the collection agreement would work.

Council discussion included: differences between the Vacation Rentals By

Owner (VRBO) and Airbnb platforms; fines and legal consequences for

failing to report, and; the agreement effective date.

APPROVED

On motion of Councilmember Arias, seconded by Councilmember

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

carried by the following vote:

Aye: 7 - Perea, Karbassi, Arias, Maxwell, Chavez, Bredefeld and

Esparza

Approve

Covenants

Regulatory Agreement and Declaration of Restrictive

between the City of Fresno and Fresno Mission

2.-I.

ID 24-1074

Communities, Inc., and for the benefit as a third-party beneficiary the

State of California Department of Housing and Community Development

for the Homekey 3 City Studios project located at 3876 North Blackstone

Avenue, Fresno, California (Council District 4)

Councilmember Arias moved the above item to the Contested Consent

Calendar to discuss details of the agreement.

Council discussion included whether the contract ensured participation in

religious activities aligned with the organization was not a condition of

receiving benefits and which entity would enforce violations.

APPROVED

On motion of Councilmember Maxwell, seconded by Councilmember

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

the following vote:

Aye: 7 - Perea, Karbassi, Arias, Maxwell, Chavez, Bredefeld and

Esparza

Approve acceptance of donated funds from the Fresno Police Chief’s

ID 24-1228

2.-J.

Foundation, in the total amount of $33,500 to secure five (5) additional

Automated License Plate Readers subscriptions for two years from

Flock Safety.

Councilmember Arias moved the above item to the Contested Consent

Calendar for clarification on the process.

Council discussion included: how the operations of the Police Chief's

Foundation are made transparent and accountable; safeguards to ensure

rankings and recommendations are fair and unbiased without influence from

donations; the separation between officers and the board of directors, and;

placement of the equipment.

APPROVED

On motion of Councilmember Arias, seconded by Councilmember

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

by the following vote:

Aye: 7 - Perea, Karbassi, Arias, Maxwell, Chavez, Bredefeld and

Esparza

2.-L.

ID 24-1303

Actions pertaining to the Fresno Police Department’s Air Support

“Skywatch” Unit lease purchase and installation agreements with Airbus,

Inc. and Hangar One, Inc.

1. Award a sole source agreement with Airbus Inc. for a lease of 10

years in an amount not to exceed $4,700,833.01 including 8.35%

tax for the purchase and maintenance of one H125 helicopter to

provide

airborne

law

enforcement,

fire

suppression,

air

ambulance, search and rescue and many other public and private

operations with specific mission needs within the city.

2. Award a sole source agreement with Hangar One, Inc. for a lease

of 10 years in an amount not to exceed $2,226,224.54 including

7.75% tax for purchase and installation of police equipment on

the H125 helicopter.

3. ***RESOLUTION - Adopt a resolution authorizing an exception to

formal bidding procedures and approving the sole source

purchase of an Airbus H125 Helicopter for the Fresno Police

Department (Subject to Mayor’s Veto)

4. ***RESOLUTION - Adopt a Resolution authorizing an exception

to formal bidding procedures and approving the sole source

purchase and installation of Police equipment on an Airbus H125

Helicopter for the Fresno Police Department (Subject to Mayor’s

Veto)

Councilmember Arias moved the above item to the Contested Consent

Calendar to discuss statistics of the Skywatch program and the budget for

the program.

Council discussion included: higher maintenance costs for older helicopters;

funding for the nine years of lease payments, and; affordability of the

agreement.

RESOLUTION 2024-217 ADOPTED

RESOLUTION 2024-218 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

Actions pertaining to an Extraterritorial Water and Sewer Service and

ID 24-1315

2.-U.

Offsite Infrastructure Agreement between Clovis Unified School District

and the City of Fresno (City of Fresno Sphere of Influence and County

of Fresno):

1. RESOLUTION - Considering Mitigated Negative Declaration SCH

No. 2005101054 and adopting findings pursuant to California

Environmental Quality Act Guidelines section 15162;

2. Approve an Extraterritorial Water and Sewer Service and Offsite

Infrastructure Agreement between Clovis Unified School District

and the City of Fresno for the Terry Bradley Educational Center.

Councilmember Arias moved the above item to Contested Consent to

discuss Clovis Unified's costs for the service.

Council discussion included: the size and scope of the infrastructure

development; the ability to accommodate future sprawl or development;

anticipated timelines for annexation, and; County and City responsibilities for

Police and Fire services.

RESOLUTION 2024-233 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

Approve

Funding

Agreement

No.

2 with

the

Fresno

County

2.-V.

ID 24-1211

Transportation Authority (FCTA) for the Highway Litter Abatement

Program (LAP) in the amount of $300,000. (Citywide)

Councilmember Arias moved the above item to Contested Consent to

discuss re-appropriating funds for other programs.

Council discussion included: if Measure "P" funds could be re-appropriated

since Measure "C" funds were paying for highway litter abatement, and; the

inability for "bucket five" of Measure "P" funds to replace the dying trees at

Roeding Park.

APPROVED

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 South Central Fresno AB 617 Community Truck

ID 24-1297

2.-AA.

Reroute Study and related Health Assessment: (Council Districts 1, 3, 5,

and 7),

1. Approve

Third Amendment to Consultant Agreement with

Arcadis, formerly IBI Group, to extend the agreement to

December 31, 2024;

2. Approve a Third Amendment to Research Agreement with the

University

Assessment, to extend the agreement to December 31, 2024;

3. Approve Second Amendment to the Reimbursement

Agreement with the San Joaquin Valley Air Pollution Control

California,

Merced,

the

Health

District (District) for the South Central Fresno AB 617 Community

Truck Reroute Study and relate Health Assessment to extend the

agreement to December 31, 2024.

Vice President Karbassi moved the above item to Contested Consent to

discuss additional costs for extending the agreement.

Council discussion included: whether additional stakeholders could be

included in the process before a final decision was made; meeting with

industry stakeholders separately to gather feedback; recommendations

regarding traffic mitigation; current or planned traffic analysis and planned

routes; public availability of final maps showing land use changes; a recent

court ruling which threatens jobs and halts on hundreds of housing units and

threatens the tax base.

APPROVED

On motion of Vice President Karbassi, seconded by Councilmember

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

carried by the following vote:

Aye: 7 - Perea, Karbassi, Arias, Maxwell, Chavez, Bredefeld and

Esparza

3. GENERAL ADMINISTRATION

WORKSHOP - Tower District Specific Plan Update

3.-A.

ID 24-1305

The above item was presented to Council by Supervising Planner

Asadoorian.

Council discussion included: the process utilized when a majority of elected

officials have a conflict with an item; the density decisions in the southern

part of the city; disparities between affluent and less affluent areas in terms

of demographics, poverty, infrastructure, property values, and violations of

housing discrimination laws; relationship between increased density and

reduced green space; the Specific Plan's proposal for adding bike lanes and

its correlation with existing plans regarding pedestrian, bicycle, car, and

truck traffic; the rationale for excluding certain neighborhoods from the 1991

plan in the current plan; evaluations of neighborhoods recommended for

historic designation; consistency in operational hours, noise control, and last

call to mitigate late-night disturbances; expected delays due to

Environmental Impact Report issues; staff recommendations versus

committee recommendations; notifications to owners regarding potential

land use changes; whether changes would allow tri-plexes, four-plexes, and

the missing middle housing; dog park proposals; development allowed in

apartment house overlay zones; retaining industrial zoning for the property

on Franklin Avenue; proposed designations for the Old Cheese Factory site,

and canal embankments; the need for trail designations; the State Center

Community College District's stance on the zoning of its properties,

and;housing units added and the impact to the housing element.

PRESENTED

UNSCHEDULED COMMUNICATION

Upon call, the following people addressed Council with unscheduled

communication: Brooke Payton, Brunette Harris, Yvonne Gordon, Bobbie,

Diane Smith, Yonas Paulos, Miss 5250, Kevin Julio, Vern Webber, and

Brandi N.

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 24-1206

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 24-1252

CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION

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

Emilia Lizeth Rivera Silva v. City of Fresno, et al.; Fresno Superior Court

Case No. 21CECG00913

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 24-987

5.-C.

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.-D.

ID 24-1313

CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION

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

Adventure Church, Inc. v. City of Fresno; Terance Frazier; Fresno

Superior Court Case No. 22CECG04022 and Court of Appeal F086428

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 24-1282

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

ADJOURNMENT

The Council meeting adjourned from closed session in memory of Ramiro U.

Estalilla Jr., and Henry John Abels Rodriguez at 4:22 P.M.

The above minutes were approved by unanimous vote of the City Council during

the October 10, 2024, regular meeting.