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February 13, 2025 ·9:00 AM Final ·Regular Meeting

Council Chambers

Agenda PDF Minutes PDF 📹 Watch video Official record ↗

Agenda — 74 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 six viewing methods listed above experience technical difficulties, the Council meeting will continue uninterrupted. Council meetings will only be paused to address verifiable technical difficulties for all users participating via Zoom or in the Council Chamber. The City of Fresno’s goal is to comply with the Americans with Disabilities Act (ADA). Anyone requiring reasonable ADA accommodations, including sign language interpretation should contact the office of the City Clerk at (559) 621-7650 or clerk@fresno.gov. The office of the City Clerk should also be contacted if spoken language translation is expected to be needed during a meeting. To help ensure availability of these services, you are advised to make your request 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 $250 from a party to or participant in a proceeding involving a license, permit, contract, or entitlement for use before the City. The Act requires disclosure of the contribution and creates a conflict where a decisionmaker has received $250 or more from a party or participant to a proceeding in the prior 12 months. A decisionmaker 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 $250 within the preceding 12 months and the name(s) of the contributor(s). (See 2 CCR 18438.8(a).) Parties and participants to a proceeding are required to disclose on the record if they made contributions over $250 within the prior 12 months, and are prohibited from making contributions to a decisionmaker during the proceeding and for 12 months after the date a final decision is rendered on the proceeding. Violations of these provisions are punishable as a misdemeanor.
  11. 11 PAGE BREAK
  12. 12 9:03 A.M. ROLL CALL
  13. 13 Invocation by Fresno Police Chaplain Matthew Markarian
  14. 14 Pledge of Allegiance to the Flag
  15. 15 APPROVE AGENDA APPROVED AS AMENDED Pass
  16. 16 CEREMONIAL PRESENTATIONS
  17. 16 APPROVAL OF THE CONSENT CALENDAR APPROVED ON CONSENT CALENDAR Pass
  18. 17 Proclamation for "Black History Month” ID 25-152 PRESENTED
  19. 18 Proclamation for “Tim Sheehan” ID 25-192 PRESENTED
  20. 19 Proclamation for “Teen Dating Violence Awareness Month” ID 25-99 PRESENTED
  21. 20 COUNCILMEMBER REPORTS AND COMMENTS
  22. 21 MAYOR/MANAGER REPORTS AND COMMENTS
  23. 1. SCHEDULED COUNCIL HEARINGS AND MATTERS
  24. 23 10:00 A.M.
  25. 24 Appearance by Carlos Rodriguez Jr. regarding “Notice of Lien (Water) Bill” (County Resident) ID 25-155 PRESENTED
  26. 2. CONSENT CALENDAR
  27. 2.-A. Approval of the minutes for January 30, 2025 ID 25-204 APPROVED ON CONSENT CALENDAR Pass
  28. 2.-B. ***RESOLUTION - Adopting the 582nd amendment to the Master Fee Schedule No. 80-420 to establish the new Animal Center Department Section, adjust various fees, and establish new fees (Subject to Mayor’s Veto) ID 25-3 ADOPTED Pass
  29. 2.-C. ***Bill B-2 (Introduced January 30, 2025)(For Adoption) Amending Section 10-2204(a) of the Fresno Municipal Code, Relating to the Pre-Removal Notice (Subject to Mayor’s Veto) ID 25-197 APPROVED ON CONSENT CALENDAR Pass
  30. 2.-D. Approve the appointment of Councilmember Tyler Maxwell to the Fresno Regional Workforce Development Board to a term ending at the conclusion of his elected term on the Fresno City Council, or until a replacement is appointed, whichever occurs first. ID 25-186 APPROVED ON CONSENT CALENDAR Pass
  31. 2.-E. ***RESOLUTION - Adopting the 41st amendment to the Annual Appropriation Resolution No. 2024-122 to appropriate a charitable contribution of $500,000 from Pacific Gas & Electric (PG&E) to fund a small business grant program and the acquisition of chest compression devices for the Fire Department (Requires Five Affirmative Votes) (Subject to Mayor’s Veto) ID 25-217 APPROVED ON CONSENT CALENDAR Pass
  32. 2.-F. Approve a First Amendment to the Consultant Service Agreement with Mark Thomas & Company, Inc., of Fresno, California, in the amount of $38,262.00 to provide additional civil engineering design, bidding, and construction support services for the Ashlan Avenue Widening Project between Polk Avenue and Cornelia Avenue, for a total contract value of $230,600.00, and authorize the Capital Projects Director or designee to sign the Amendment on behalf of the City. (Council District 1) ID 25-170 APPROVED ON CONSENT CALENDAR Pass
  33. 2.-G. Actions pertaining to the Wishon Avenue and Cortland Avenue Mini-Traffic Circle Project (Rebid) - Bid File 12500545-1: (Council District 7) 1. Adopt a finding of Categorical Exemption per staff determination pursuant to Section 15301/Class 1 of the California Environmental Quality Act (CEQA) Guidelines; 2. Award a construction contract in the amount of $489,995 to Cal Valley Construction, Inc. of Fresno, California. ID 25-177 APPROVED ON CONSENT CALENDAR Pass
  34. 2.-H. Approve First Amendment to the expert Community Risk Assessment-Standards of Cover (CRR_SOC) and associated Community Risk Assessment (CRR) Plan between AP Triton and City of Fresno contract extending contract date to February 23, 2025 to match the grant’s Period of Performance. ID 25-179 APPROVED ON CONSENT CALENDAR Pass
  35. 2.-I. Approving revision of cooperative purchase agreement with Locality Media, Inc. dba First Due for the purchase of a Records Management System (RMS) software license for a term of three years, for the total amount not to exceed $354,000. ID 25-190 APPROVED ON CONSENT CALENDAR Pass
  36. 2.-J. ***RESOLUTION - Adopting the 40th Amendment to the Annual Appropriation Resolution (AAR) No. 2024-122 to appropriate $149,922 from the California Public Utilities Commission to fund Digital Literacy Education and Digital Access to the Parks, After School, Recreation, and Community Services (PARCS) Department (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto) ID 25-123 APPROVED ON CONSENT CALENDAR Pass
  37. 2.-K. ***RESOLUTION - Adopting the 586th amendment to the Master Fee Schedule Resolution No. 80-420 to revise swimming instruction, field reservation, and Camp Fresno fees in the Parks, After School, Recreation, and Community Services Department (Subject to Mayor’s Veto) ID 25-196 ADOPTED Pass
  38. 2.-L. ***RESOLUTION - Adopt the Twelfth Amendment to the FY 2025 Salary Resolution No. 2024-120, amending Exhibit 3, Unit 3, Non-Supervisory White Collar (FCEA), by adding the new classification of Right of Way Agent and providing a monthly salary step plan range, effective February 24, 2025; amending Exhibit 13-1, Unit 13, Exempt Supervisory and Professional (CFPEA) by adding the new classification of Senior Right of Way Agent and providing a monthly salary step plan range, effective February 24, 2025; and amending Exhibit 14, Management Classes (CFMEA), by adding the new classification of Right of Way Agent Manager and providing a monthly salary step plan range, effective February 24, 2025 (Subject to Mayor’s Veto) ID 25-173 APPROVED ON CONSENT CALENDAR Pass
  39. 2.-M. ***RESOLUTION - Adopt the Thirteenth Amendment to the FY 2025 Salary Resolution No. 2024-120, amending Exhibit 1, Non-Supervisory Blue Collar (Local 39), to correct the salary ranges for Senior Water Treatment Plant Operator and Water Treatment Plant Operator as required by the Memorandum of Understanding between the City of Fresno and International Union of Operating Engineers, Stationary Engineers, Local 39 (Local 39); amending Exhibit 3, Unit 3, Non-Supervisory White Collar (FCEA), by modifying the salary step plan range for the classifications of Administrative Clerk I, Senior Secretary and Staff Assistant, and deleting the classification of Secretary, effective February 24, 2025; and amending Exhibit 16, Benchmark of Deleted Job Classifications or Deleted Pay Step since 1/28/16, by adding the deleted classification of Airport Public Safety Supervisor (310003) and its respective benchmark classification, effective July 1, 2024, and adding the deleted classification of Secretary and its respective benchmark classification, effective February 24, 2025 (Subject to Mayor’s Veto) ID 25-174 APPROVED ON CONSENT CALENDAR Pass
  40. 39 PAGE BREAK
  41. 2.-N. Actions pertaining to the Non-Supervisory Groups and Crafts, IBEW for Unit 7 1. ***Adopt a successor Memorandum of Understanding between the City of Fresno and the International Brotherhood of Electrical Workers (Non-Supervisory Groups and Crafts - Unit 7) (Subject to Mayor’s veto) 2. ***RESOLUTION: Adopt the Fourteenth Amendment to FY 2025 Salary Resolution No. 2024-120, amending Exhibit 7, Unit 7 - Non-Supervisory Groups and Crafts (IBEW), to provide a salary increase for respective classes as required by the Memorandum of Understanding between the City of Fresno and the International Brotherhood of Electrical Workers (Non-Supervisory Groups and Crafts - Unit 7) (Subject to Mayor’s veto) ID 25-175 APPROVED ON CONSENT CALENDAR Pass
  42. 2.-O. ***RESOLUTION - Authorizing the submission of a grant application and the acceptance of funds totaling up to $350,000 from the U.S. Environmental Protection Agency’s Region 9 Thriving Communities Grantmaker Program to fund the technical development, cleanup, and oversight of Brownfields and authorizing the City Manager or designee to sign all necessary implementing documents (Subject to Mayor’s Veto). ID 25-124 APPROVED ON CONSENT CALENDAR Pass
  43. 2.-P. Actions pertaining to the 2021 Law Enforcement Mental Health & Wellness (LEMHWA) grant program 1. Authorize the Chief of Police to accept $125,000 in grant funding for the 2021 Law Enforcement Mental Health & Wellness (LEMHWA) grant awarded to the Fresno Police Department from the U.S. Department of Justice, through the Office of Community Oriented Policing Services (COPS); and authorize the Chief of Police or designee to enter into and execute the agreement and any amendments. 2. ***RESOLUTION - Adopt the 38th Amendment to the Annual Appropriation Resolution (AAR) No. 2024-122 to appropriate $125,000 in Law Enforcement Mental Health and Wellness Program Grant Funding for the Police Department (Requires Five Affirmative Votes) (Subject to Mayor’s Veto) ID 25-181 APPROVED ON CONSENT CALENDAR Pass
  44. 2.-Q. Actions pertaining to the 2-Water Booster Pump Station Redundancy Improvements at the Fresno-Clovis Regional Wastewater Reclamation Facility (Bid File 12500873) (Council District 3): 1. Adopt a finding of Categorical Exemption pursuant to Section 15301/Class 1 of the California Environmental Quality Act (CEQA) Guidelines; 2. Award a construction contract to Alliance Construction Solutions, Inc., of Madera, California, in the amount of $1,125,500.00. ID 25-176 APPROVED ON CONSENT CALENDAR Pass
  45. 2.-R. Actions pertaining to modifications to the Lawn to Garden Rebate Program (Citywide): 1. Adopt a finding that the proposed modifications to the City’s Lawn to Garden Rebate Program are exempt from the California Environmental Quality Act pursuant to the commonsense exemption in that it can be seen with certainty that there is no possibility the proposed changes will have a significant effect on the environment pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines; 2. ***RESOLUTION - Adopting Modifications to the Lawn to Garden Rebate Program. (Subject to Mayor’s Veto) ID 25-88 ADOPTED Pass
  46. 2.-S. ***RESOLUTION - Amending the Implementing Policies for the Citywide Regional Street and New Growth Area Major Street Impact Fees as previously adopted by Resolution No. 2007-291and as amended by Resolutions No. 2008-278, 2008-349, 2013-27 and 2016-259 (Subject to Mayor’s Veto). ID 25-163 ADOPTED Pass
  47. 2.-T. Actions pertaining to Resolution of Intention Number 1158-D to vacate a portion of the public street easement on the north side of West Nees Avenue, east of West Audubon Drive (Council District 2): 1. Adopt a finding of Categorical Exemption per staff determination, pursuant to Section 15332 of the California Environmental Quality Act (CEQA) Guidelines, Environmental Assessment for Planned Development & Development Permit Application No. P19-04137; 2. RESOLUTION - Adopt the attached Resolution of Intention Number 1158-D to vacate a portion of the public street easement on the north side of West Nees Avenue, east of West Audubon Drive; 3. Set the required public hearing at 10:05 a.m. on March 13, 2025. ID 25-164 APPROVED ON CONSENT CALENDAR Pass
  48. 2.-U. RESOLUTION - Approving the Final Map of Tract No. 6410, and accepting dedicated public uses offered therein except for dedications offered subject to City acceptance of developer installed required improvements - located near the northeast corner of South Peach Avenue and East Church Avenue. (Council District 5) ID 25-187 APPROVED ON CONSENT CALENDAR Pass
  49. 2.-V. ***RESOLUTION - Adopting the 34th Amendment to the Annual Appropriations Resolution No. 2024-122 to appropriate $151,000 of forfeited liquidated damages to be applied to two public right-of-way improvement projects. (Council District 2) (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto) ID 25-195 APPROVED ON CONSENT CALENDAR Pass
  50. 2.-W. Approve the service agreement between the City of Fresno, Department of Transportation/Fresno Area Express (FAX), and the County of Fresno, Department of Public Health (DPH) Office of Emergency Services (OES), in the amount $35,000 annually for a term of three years with the option of two one-year extensions to provide emergency transportation services to Fresno County residents when emergency/disaster evacuations have been ordered. ID 25-111 APPROVED ON CONSENT CALENDAR Pass
  51. 50 PAGE BREAK
  52. 2.-X. Actions pertaining to software management services for Department of Transportation/Fresno Area Express (FAX) electric vehicle (EV) charging depot (Bid File 12500180) 1. Award a two-year contract, with options for three one-year extensions to Flipturn Inc., for electric vehicle charge management software services at the FAX facilities, in the amount of $40,244.00 for the initial term and option years for the subscription service will remain fixed at a total value of $49,320. Costs for mobile data for the option years will adjust in accordance with the relevant Consumer Price Index (CPI). (Bid File 12500180) 2. Authorize the City Manager or Designee to sign and execute all related documents. ID 25-113 APPROVED ON CONSENT CALENDAR Pass
  53. 2.-Y. ***Bill B-3 (Introduced January 30, 2025) (For Adoption) Adding Chapter 10 of Article 27 of the Fresno Municipal Code, Relating to the Anti Human Transportation and Abandonment Ordinance (Subject to Mayor’s Veto) ID 25-198 ADOPTED Pass
  54. 2.-Z. Approve City Attorney Amended At-Will Agreement. ID 25-211 TABLED
  55. 2.-AA. RESOLUTION - A Resolution of the Council of the City of Fresno, California, Authorizing Dissolution of the Immigrant and Resident Affairs Committee and Transition to a City/County Immigrant Affairs Working Group ID 25-231 APPROVED ON CONSENT CALENDAR Pass
  56. 55 CONTESTED CONSENT CALENDAR
  57. 3. GENERAL ADMINISTRATION
  58. 3.-A. Presentation of FY2025 Mid-Year Budget A. ***RESOLUTION - Adopting the 39th Amendment to the Annual Appropriation Resolution No.2024-122 Appropriating $1,500,000 in FY2024 City Attorney/Code Department Carryover. (Requires Five Affirmative Votes) (Subject to Mayor’s Veto) ID 25-193 ADOPTED AS AMENDED Pass
  59. 57 The above minutes were approved by unanimous vote of the City Council during the February 27, 2025, regular meeting.
  60. 58 UNSCHEDULED COMMUNICATION
  61. 59 PLEASE NOTE: UNSCHEDULED COMMUNICATION IS NOT SCHEDULED FOR A SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING
  62. 4. CITY COUNCIL
  63. 5. CLOSED SESSION
  64. 5.-A. 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); Unit 1 2. Fresno City Employees Association (FCEA) Unit 3; 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) Unit 6; 6. International Brotherhood of Electrical Workers, Local 100 (IBEW) Unit 7; 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) Unit 13; 11. Unrepresented Employees in Unit 2 (Non-Represented Management and Confidential Classes): Airport Public Safety Manager, Assistant City Attorney, Assistant City Manager, Assistant Controller, Assistant Director, Assistant Director of Personnel Services, Assistant Director of Public Utilities, Assistant Director of Public Works, Assistant Police Chief, Assistant Retirement Administrator, Background Investigator, Budget Analyst, Budget Manager, Chief Assistant City Attorney, Chief Information Officer, Chief Labor Negotiator, Chief of Staff to Councilmember, Chief of Staff to the Mayor, City Attorney (City Negotiator, Council President Karbassi), City Attorney Investigator, City Clerk (City Negotiator, Council President Karbassi), City Engineer, City Manager (City Negotiator, Mayor Dyer), Community Coordinator, Community Outreach Specialist, Controller, Council Assistant, Deputy City Attorney II , Deputy City Attorney III, Deputy City Manager, Director, Director of Aviation, Director of Development, Director of Personnel Services, Director of Public Utilities, Director of Transportation, Economic Development Coordinator, Economic Development Director, Executive Assistant to Department Director, Executive Assistant to the City Attorney, Executive Assistant to the City Council, Executive Assistant to the City Manager, Executive Assistant to the Mayor, Fire Chief, Governmental Affairs Manager, Human Resources Manager, Independent Reviewer, Internal Auditor, Investment Officer, Management Analyst II, Payroll Accountant, Payroll Manager, Police Chief, Principal Budget Analyst, Principal Internal Auditor, Principal Labor Relations Analyst, Project Liaison/Program Administrator, Public Affairs Officer, Public Works Director, Retirement Administrator, Retirement Benefits Manager, Retirement Office Manager, Senior Budget Analyst, Senior City Attorney Investigator, Senior Deputy City Attorney I, Senior Deputy City Attorney II, Senior Deputy City Attorney III, Senior Human Resources/Risk Analyst, Senior Law Clerk, Supervising Deputy City Attorney, Veterinarian ID 25-86 DISCUSSED
  65. 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 25-215 DISCUSSED
  66. 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 25-216 DISCUSSED
  67. 5.-D. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) 1 Community Compact v. City of Fresno; Fresno Superior Court Case No. 23CECG02740 ID 25-219 DISCUSSED
  68. 5.-E. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) City of Fresno v. County of Fresno; Fresno Superior Court Case No.: 24CECG01199 ID 25-220 DISCUSSED
  69. 5.-F. PUBLIC EMPLOYEE PERFORMANCE EVALUATION 1. Government Code Section 54957(b): consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee. Title: City Attorney 2. Government Code Section 54957.6: conference with labor negotiator. City Negotiator: Council President Mike Karbassi. Unrepresented Employee: City Attorney ID 25-232 DISCUSSED
  70. 68 ADJOURNMENT
  71. 69 UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS
  72. 70 UPCOMING EMPLOYEE CEREMONIES
  73. 71 EMPLOYEE OF THE QUARTER - 10:00 A.M. • January 15, 2025 (Wednesday) - Employee of the Winter Quarter • 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
  74. 72 2025 CITY COUNCIL MEETING SCHEDULE