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City Council

February 27, 2025 ·9:00 AM Final ·Regular Meeting

Council Chambers

Agenda — 77 items

  1. 1 The City Council met in regular session in the Council Chamber, City Hall, on the date and time above written.
  2. 2 PUBLIC PARTICIPATION – Public participation during Fresno City Council meetings is always encouraged and can occur by attending a meeting in the Council Chambers on the 2nd floor of City Hall located at 2600 Fresno Street, Fresno, CA 93721. To be called to speak during a meeting, please fill out a speaker card (located throughout the chamber) and place it in the speaker card collection basket at the front of the chamber. You may also approach the speaker podium upon the Council President’s call for any additional public comment. Unless otherwise announced, all public speakers will have up to 3 minutes to address Council pursuant to Rule No. 10 of the Rules of Procedure for the City Council of the City of Fresno (available in the City Clerk’s Office). SUBMIT DOCUMENTS / WRITTEN COMMENTS - Pursuant to Rule 11 (c) of the Rules of Procedure, no documents shall be accepted for Council review unless submitted to the City Clerk at least 24 hours prior to the Council Agenda item be heard. Documents / written comments related to an agenda item can be submitted by one of the following methods:
  3. 3 1) eComment – eComment allows the public to submit agenda related comments through a website prior to the meeting. Submitted comments are limited to 1440 characters and will be a part of the official record.
  4. 4 a) Submit an e-Comment by visiting https://fresno.legistar.com/Calendar.aspx and selecting the “eComment” link. b) e-Comment is available for use upon publication of the agenda and closes 24 hours prior to the meeting start time [pursuant to Rule 11(c)]. c) e-Comment is not permitted for Land use or CEQA items. d) The e-Comment Electronic User Agreement can be viewed at: https://www.fresno.gov/cityclerk/#information
  5. 5 2) E-mail – Agenda related documents and comments can be e-mailed to the Office of the City Clerk at least 24 hours prior to the agenda item being heard, pursuant to Rule 11(c).
  6. 6 a) E-mail the Clerk’s Office at clerk@fresno.gov b) E-mails should include the agenda date, and the related agenda item number.
  7. 7 VIEWING CITY COUNCIL MEETINGS (non-participatory) - For your convenience, there are several ways to view Fresno City Council meetings live:
  8. 8 1) City of Fresno website: https://fresno.legistar.com/Calendar.aspx (click “In Progress” to view the live meeting). 2) Community Media Access Collaborative website: https://cmac.tv/ 3) YouTube - City of Fresno Council, Boards and Commissions Channel: https://www.youtube.com/channel/UC3ld83D8QGn1YBDw6aD5dZA/videos 4) Facebook: https://www.facebook.com/FresnoCA/videos 5) Cable Television: Comcast Channel 96 and AT&T Channel 99 6) Zoom: https://www.fresno.gov/council-meeting/
  9. 9 Should any of the viewing methods above experience technical difficulties, the Council meeting will continue uninterrupted. Meetings will only be paused to address verified technical issues that interrupt public participation during meetings. The City of Fresno’s goal is to comply with the Americans with Disabilities Act (ADA). If reasonable ADA accommodations are needed, including sign language interpretation, contact the Office of the City Clerk at (559) 621-7650 or clerk@fresno.gov. Also contact the Office of the City Clerk if spoken language translation is required. Accommodation and language requests should be made a minimum of three business days prior to the scheduled meeting.
  10. 10 GOVERNMENT CODE 84308 CONTRIBUTION PROHIBITIONS AND MANDATORY DISCLOSURES - The Political Reform Act of 1974 (Act) restricts campaign contributions over $500 to a decision-making public official from a party or participant, or their agent, in a proceeding involving a license, permit, contract, or entitlement for use. The Act requires disclosure of the contribution and creates a conflict where a decision-maker has received $500 or more from a party or participant to a proceeding in the prior 12 months. A decision-maker must disclose on the record during the proceeding that they have received contributions from a party, participant, or agent of a party or participant, greater than $500 within the preceding 12 months and the name(s) of the contributor(s). (See 2 CCR 18438.8(a).) Parties to a proceeding are required to disclose on the record if they made contributions over $500 to a decision-maker within the prior 12 months, and are prohibited from making contributions to a decision-maker during the proceeding and for 12 months after the date a final decision is rendered on the proceeding.
  11. 11 PAGE BREAK
  12. 12 9:05 A.M. ROLL CALL
  13. 13 Invocation by Pastor Kevin Foster of Lifebridge Community Church
  14. 14 Pledge of Allegiance to the Flag
  15. 15 APPROVE AGENDA APPROVED AS AMENDED Pass
  16. 16 CEREMONIAL PRESENTATIONS
  17. 17 Proclamation for "Mid Valley’s Recycler of the Year" ID 25-116 PRESENTED
  18. 18 Proclamation “Community Media Access Collaborative” Day ID 25-199 PRESENTED
  19. 19 Fresno Animal Center presents “Pet of the Month” ID 25-44 PRESENTED
  20. 20 COUNCILMEMBER REPORTS AND COMMENTS
  21. 21 MAYOR/MANAGER REPORTS AND COMMENTS
  22. 1. SCHEDULED COUNCIL HEARINGS AND MATTERS
  23. 23 Joint Meeting of the City Council, The City in Its Capacity as Housing Successor to the Redevelopment Agency of the City of Fresno and The Fresno Revitalization Corporation
  24. 24 9:05 A.M. JOINT MEETING
  25. 25 Actions pertaining to the affordable residential housing project at 1241-1263 Broadway Plaza, Fresno, California commonly known as Hotel Fresno: 1. Approve a Fifth Amendment to the Amended and Restated Owner Participation Agreement with Broadway Plaza Family Apartments, LP and the City of Fresno, in its capacity as Housing Successor to the Redevelopment Agency of the City of Fresno (District 3). ID 25-261 APPROVED Pass
  26. 25 APPROVAL OF THE CONSENT CALENDAR APPROVED ON CONSENT CALENDAR Pass
  27. 26 9:10 A.M. JOINT MEETING (CONTINUED TO MARCH 13, 2025, AT 9:10 A.M.)
  28. 27 ***RESOLUTION - Repealing Resolution Number 2024-125 and replacing it with language in support of a contribution of City and Housing Successor Agency land toward the Ventura Family Apartments project located on Cesar Chavez Blvd between Seventh and Eighth streets (City Council District 5) (Subject to Mayor’s Veto) ID 25-27 TABLED
  29. 28 9:15 A.M.
  30. 29 HEARING for Consideration of Text Amendment Application No. P23-03410 and related Environmental Finding for Environmental Assessment No. P23-03410, amending Sections 15-2761 and 15-6802 of the Citywide Development Code, relating to Tobacco and Vapor Sales, Smoke Shops, and Definitions. 1. ADOPTION of a finding set forth in Environmental Assessment No. P23-03410 dated January 15, 2025, that Text Amendment Application No. P23-03410 is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines. 2. BILL (for introduction) amending Sections 15-2761 and 15-6802 of the Citywide Development Code, relating to relating to Tobacco and Vapor Sales, Smoke Shops, and Definitions. ID 25-132 TABLED
  31. 30 PAGE BREAK
  32. 31 9:20 A.M.
  33. 32 HEARING to Consider Annexation Application No. P22-03846, Pre-zone Application No. P22-04069 and the related Environmental Assessment No. P22-03846/P22-04069 pertaining to approximately 20.23 acres of property on the north and south sides of West Ashlan Avenue between North Polk and North Gregory Avenues (Council District 1) 1. ADOPT - Negative Declaration prepared for Environmental Assessment No. P22-03846/P22-04069 dated December 6, 2024, for the proposed project pursuant to the California Environmental Quality Act (CEQA) and Addendum dated January 15, 2025. 2. RESOLUTION - Approving Annexation Application No. P22-03846 (for the Ashlan-Polk Nos. 3 and 4 Reorganization) proposing detachment from the Kings River Conservation District and North Central Fire Protection District and annexation to the City of Fresno. 3. BILL - (For introduction and adoption) - Approving Pre-zone Application No. P22-04069 proposing to pre-zone approximately 9.54 acres of the subject property from the County of Fresno RR/NB (Rural Residential/Neighborhood Beautification) zone district to the City of Fresno RS-5/ANX (Single-Family Residential, Medium Density/Annexed Rural Residential Transitional Overlay) zone district; and approximately 9.78 acres of the subject property from the RR/NB (Rural Residential/Neighborhood Beautification) zone district to the City of Fresno RS-5/cz (Single-Family Residential, Medium Density/conditions of zoning) zone district. ID 25-242 ADOPTED Pass
  34. 33 10:00 A.M.
  35. 34 Appearance by Jerry Veliz regarding “Create Bus lanes” (District 7 Resident) ID 25-262 PRESENTED
  36. 35 PAGE BREAK
  37. 2. CONSENT CALENDAR
  38. 2.-A. Approval of the minutes for February 13, 2025 ID 25-264 APPROVED ON CONSENT CALENDAR Pass
  39. 2.-B. BILL - (For introduction) - Amending Subsection (a) of Section 7-504, and Subsection (a) of Section 7-505 of the Fresno Municipal Code relating to the local Sales and Use Taxes ID 25-234 APPROVED ON CONSENT CALENDAR Pass
  40. 2.-C. Actions pertaining to the Habitat Restoration and Revegetation Plan in support of the River West Eaton Trail Extension Project: 1. RESOLUTION - Adopting Findings Pursuant to California Environmental Quality Act (CEQA) Guidelines Sections 15091 and 15093 as Required by CEQA Guidelines Section 15096 for the Habitat Restoration and Revegetation Plan in Support of the River West Eaton Trail Extension Project; 2. ***RESOLUTION - Approving the Application and Acceptance of $172,000.00 in Grant Funds from the Wildlife Conservation Board and Authorizing Execution of Grant Related Documents for the Habitat Restoration and Revegetation Plan in Support of the River West Eaton Trail Extension Project. (Subject to Mayor’s Veto) ID 25-252 APPROVED ON CONSENT CALENDAR Pass
  41. 2.-D. Approve Contract Change Order No. 02 in the amount of $149,515.21, with Twenty-Nine additional working days for the redesign of the First Street bridge canal liner and balancing of Contract Bid Item overruns and underruns with American Paving Company of Fresno, California for the Rebid Bridge Preventative Maintenance Program Phase II at Various Locations Project - Project ID PW00771. (Bid File 12400024-1) (Council Districts 4 and 7) ID 25-149 APPROVED ON CONSENT CALENDAR Pass
  42. 2.-E. Approve Third Amendment to the Consultant Services Agreement with BKF Engineers, a California Corporation in the amount of $107,376.00 for a total increased contract amount of $1,143,125.00, with $3,700.00 remaining contingency, for additional professional engineering services required for the design of plans and general construction documents for the Herndon Avenue Widening between Polk Avenue and Milburn Avenue Project. (Council District 2) ID 25-184 APPROVED ON CONSENT CALENDAR Pass
  43. 2.-F. Actions pertaining to the disposition of a City owned, undeveloped parcel located on the east side of Broadway Avenue, north of Divisadero Street in Fresno, California (Council District 3): 1. Adopt a Categorical Exemption per Environmental Assessment Number P23-01843, pursuant to Section 15303/Class 3 of the California Environmental Quality Act (CEQA) Guidelines, 2. RESOLUTION - Approving the Summary Vacation of those portions of the public street easements located on the east side of Broadway Avenue, north of Divisadero Street, 3. ***RESOLUTION - Declaring a 475.3 square foot portion of public street right of way located on the east side of Broadway Avenue, north of Divisadero Street, Fresno, California to be exempt surplus land (Subject to Mayor’s Veto), 4. ***RESOLUTION - Finding Good Cause and Clear and Convincing Benefit to the Public pursuant to Fresno Municipal Code section 4-204, relating to the disposition of real surplus property located on the east side of Broadway Avenue, north of Divisadero Street; (Requires 5 Affirmative Votes) (Subject to Mayor’s veto), 5. Approve the execution of the Agreement for Purchase and Sale of Real Property and Escrow Instructions to sell a 0.011-acre (475.3 square feet) City owned, undeveloped portion of land, located on the east side of Broadway Avenue, north of Divisadero Street, adjacent to Assessor’s Parcel Number 459-304-01, in the amount of $1,238.00 to Margaret R. Boyajian Courtis and Jeffrey L. Boyajian, and authorize the City Manager or designee to execute the Purchase and Sale Agreement and associated Grant Deed and escrow documents on behalf of the City for the transfer of the subject property. ID 25-194 APPROVED ON CONSENT CALENDAR Pass
  44. 2.-G. Action pertaining to the declaration of surplus personal property in support of the Blackstone McKinley BNSF Grade Separation Project: (Council Districts 1 and 7) 1. ***Resolution - Declaring certain City-owned materials and equipment as surplus personal property and authorizing their sale at public auction to the highest bidder. (Subject to Mayor’s Veto) ID 25-221 TABLED
  45. 2.-H. Approve a Fifth Amendment to the Consultant Services Agreement with Blair Church & Flynn Consulting Engineers, Incorporated of Fresno, California, in the amount of $41,529, increasing the total contract amount to $251,559 with the remaining contingency amount not to exceed $8,000, for civil engineering design services and preparation of construction documents for the Southbound Polk Avenue Widening Project from Gettysburg Avenue to Shaw Avenue. (Council District 1) ID 25-222 APPROVED ON CONSENT CALENDAR Pass
  46. 2.-I. Approve Contract Change Order No. 05 in the amount of $159,863.55, with no additional working days for price escalations and additional work items with Emmett’s Excavation, Incorporated of Clovis, California for the Traffic Signal Improvements and Construction of Storm Drainage Facilities at West Clinton Avenue and North Valentine Avenue Project - Project ID PW00678 / PW00944. (Bid File 3751) (Council District 3) ID 25-225 APPROVED ON CONSENT CALENDAR Pass
  47. 2.-J. Actions pertaining to the new Fire Station 12 Project: (Bid File No. 125000492) (Council District 1) 1. Adopt a finding of Categorical Exemption per staff determination, pursuant to Section 15332/Class 32 of the California Environmental Quality Act (CEQA), Environmental Assessment No. XC00050; 2. ***RESOLUTION - Adopt the 29th Amendment to the Annual Appropriation Resolution No. 2024-122 appropriating $14,300,000.00 for the Fire Station 12 Construction Contract (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto); 3. Award a construction contract in the amount of $14,299,313.54 for the Base Bid plus all three (3) Add Alternates to Solpac Construction, Inc. dba Soltek Pacific Construction Company of San Diego, California, as the lowest responsive and responsible bidder for the Fire Station 12 Project. ID 25-43 APPROVED ON CONSENT CALENDAR Pass
  48. 2.-K. Actions related to amending agreement #A211006364 with the California Office of Emergency Services (Cal OES): 1. Approve Acceptance of Cal OES 8th Amendment for an additional $50,000 for Haz Mat Training Agreement #A211006364, and authorize the Fire Chief to compensate Fire personnel to staff vacancies caused by training attendance 2. ***RESOLUTION - Adopting the 37th Amendment to the Annual Appropriation Resolution No. 2024-122 Appropriating $50,000 for Amendment Eight for Haz Mat Training Agreement A211006364 (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto) ID 25-226 APPROVED ON CONSENT CALENDAR Pass
  49. 2.-L. Actions pertaining to the lease of city-owned agricultural land at the Fresno-Clovis Regional Wastewater Reclamation Facility (Bid File #101824DN) (District 3): 1. Adopt a finding of Categorical Exemption per staff determination pursuant to Sections 15301/Class 1 and 15304/Class 4 of the California Environmental Quality Act (CEQA) Guidelines 2. Approve a Lease Agreement between the City of Fresno and James F. Cook in the amount of $243,200 annually for lease of approximately 400 acres of City-owned agricultural land at the Fresno-Clovis Regional Wastewater Reclamation Facility (RWRF) for an initial term through December 31, 2028, plus one optional four-year extension; and authorize the Director of General Services or designee to execute the Lease Agreement and subsequent extensions on the City’s behalf ID 25-253 TABLED
  50. 2.-M. Reject the proposal received for a requirements contract for uniform and linen services (Bid File 9687) (Citywide) ID 25-214 APPROVED ON CONSENT CALENDAR Pass
  51. 2.-N. RESOLUTION - Authorizing the City Manager or designee to apply for a grant of up to $15 million from the National Park Service’s Outdoor Recreation Legacy Partnership (ORLP) Program to fund Phase II Development of South Peach Avenue Park located at 2155 South Peach Avenue and authorizing the City Manager or designee to sign all related documents on behalf of the City (District 5) ID 25-251 APPROVED ON CONSENT CALENDAR Pass
  52. 2.-O. Authorize the Chief of Police to enter a one-year agreement with options for two one-year extensions with County of Fresno for the reimbursement of five Fresno Police Officers, one Police Sergeant, and one Crime Analyst, which will be assigned to the Adult Compliance Team (ACT)/ Multi-Agency Gang Enforcement Consortium Team (MAGEC) in an amount of $5,820,225 for three years (or $1,940,075 on an annual fiscal year basis). This amount will vary for years two and three as it is dependent upon contractual agreements with the various bargaining groups. ID 25-239 APPROVED ON CONSENT CALENDAR Pass
  53. 2.-P. ***RESOLUTION - Adopt a resolution authorizing an exception to formal bidding procedures and award of a sole source purchase agreement with Dooley Enterprises for the purchase of law enforcement ammunition for an amount not to exceed $282,400 annually for each budget year (Subject to Mayor’s Veto) ID 25-240 APPROVED ON CONSENT CALENDAR Pass
  54. 2.-Q. Actions pertaining to a $50,000,000 Low-Interest Loan through the State Water Resources Control Board Clean Water State Revolving Fund for the Sidestream Nitrate Control Project at the Fresno-Clovis Regional Wastewater Reclamation Facility (Council District 3): 1. Adopt a Mitigated Negative Declaration (SCH 2024120578) dated December 2024, for the proposed Sidestream Nitrate Control Project, pursuant to California Environmental Quality Act (CEQA) Guidelines; 2. ***RESOLUTION - Authorizing the Director of Public Utilities or designee(s) to prepare and submit grant applications, accept funds, and execute any financial assistance agreements and amendments with the California State Water Resources Control Board on behalf of the City of Fresno for the planning, design, and construction of the Sidestream Treatment System at the Fresno-Clovis Wastewater Reclamation Facility (Subject to Mayor’s Veto); 3. ***RESOLUTION - The City of Fresno, California stating its intention to be reimbursed for expenditures incurred ahead of approval of the disbursement of Clean Water State Revolving Fund funds from the State Water Resources Control Board for the Sidestream Treatment System at the Fresno-Clovis Wastewater Reclamation Facility (Subject to Mayor’s Veto). ID 25-168 APPROVED ON CONSENT CALENDAR Pass
  55. 2.-R. Award a Requirements Contract to Univar Solutions USA LLC, for the purchase of bulk calcium hydroxide, for three years with an option for two one-year extensions, in the amount of $4,374,165.77. (Bid File 12402973) (Citywide) ID 25-201 APPROVED ON CONSENT CALENDAR Pass
  56. 2.-S. ***RESOLUTION - Authorizing the Submission of a Grant Application to the Fresno Council of Governments for the Measure "C" Transit Oriented Development Grant Program Cycle XIII in the amount not to exceed $1,520,000 for the Project(s) to support transit oriented development; and Authorizing the Execution of Grant Application and Grant Agreement Documents by the Public Works Director or Designee. (Council District 7) (Subject to Mayor’s Veto) ID 25-255 APPROVED ON CONSENT CALENDAR Pass
  57. 2.-T. ***RESOLUTION - Adopting the 43rd Amendment to the Annual Appropriation Resolution No. 2024-122 to appropriate $849,900 for new capital improvement projects in the Public Works Department (Citywide) (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto) ID 25-224 APPROVED ON CONSENT CALENDAR Pass
  58. 2.-U. RESOLUTION - Authorizing the Submission of Applications for Grant Funds for the 2025/2026 Congestion Mitigation and Air Quality Improvement Program and the Surface Transportation Block Grant Program Call for Projects from the Fresno Council of Governments and Authorizing the Execution of all Application Related Documents by the Public Works Director, the Transportation Director, or designees. (Citywide) ID 25-244 APPROVED ON CONSENT CALENDAR
  59. 2.-V. Reject the proposal received for Fire Suppression and Fire Alarm Systems Services at Various locations (Bid File No. 12500182). ID 25-112 APPROVED ON CONSENT CALENDAR Pass
  60. 2.-W. Approve City Attorney Amended At-Will Agreement. ID 25-258 APPROVED ON CONSENT CALENDAR Pass
  61. 60 CONTESTED CONSENT CALENDAR
  62. 60 The above minutes were approved by unanimous vote of the City Council during the March 13, 2025, regular meeting.
  63. 3. GENERAL ADMINISTRATION
  64. 62 UNSCHEDULED COMMUNICATION
  65. 63 PLEASE NOTE: UNSCHEDULED COMMUNICATION IS NOT SCHEDULED FOR A SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING
  66. 4. CITY COUNCIL
  67. 4.-A. WORKSHOP - Clovis Unified Partnership ID 25-207 PRESENTED
  68. 5. CLOSED SESSION
  69. 5.-A. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Park 7, LLC., and LandValue Management LLC., v. City of Fresno; Fresno Superior Court Case No. 24CECG04298 ID 25-218 TABLED
  70. 5.-B. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION - Government Code Section 54956.9, subdivision (d)(1): City of Fresno v. United States Department of Interior, Bureau of Reclamation; US Court of Federal Claims 1:16-cv-01276 ID 25-278 DISCUSSED
  71. 5.-C. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) City of Fresno v. Fresno Building Healthy Communities Court of Appeal Case No.: F084662; and Fresno Building Healthy Communities v. City of Fresno Court of Appeal Case No.: F084666 (PARCS Department) ID 25-280 TABLED
  72. 5.-D. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Government Code Section 54956.9, subdivision (d)(4) Case Name: City of Fresno v. Kochar Vardanyan; (Code Enforcement case number E24- 01739) ID 25-287 DISCUSSED
  73. 71 ADJOURNMENT
  74. 72 UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS
  75. 73 UPCOMING EMPLOYEE CEREMONIES
  76. 74 EMPLOYEE OF THE QUARTER - 10:00 A.M. • April 2, 2025 (Wednesday) - Employee of the Spring Quarter • July 16, 2025 (Wednesday) - Employee of the Summer Quarter • October 15, 2025 (Wednesday) - Employee of the Fall Quarter EMPLOYEE SERVICE AWARDS - 10:00 A.M. • April 16, 2025 (Wednesday) - Employee Service Awards • November 19, 2025 (Wednesday) - Employee Service Awards
  77. 75 2025 CITY COUNCIL MEETING SCHEDULE