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January 30, 2025 ·9:00 AM Final ·Regular Meeting

Council Chambers

Agenda PDF Minutes PDF 📹 Watch video Official record ↗

Agenda — 84 items

  1. 1 THE FRESNO CITY COUNCIL WELCOMES YOU TO THE COUNCIL CHAMBER, LOCATED IN CITY HALL, 2ND FLOOR, 2600 FRESNO STREET, FRESNO, CALIFORNIA 93721.
  2. 1 The City Council met in regular session in the Council Chamber, City Hall, on the date and time above written.
  3. 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:
  4. 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.
  5. 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
  6. 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).
  7. 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.
  8. 7 VIEWING CITY COUNCIL MEETINGS (non-participatory) - For your convenience, there are several ways to view Fresno City Council meetings live:
  9. 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/
  10. 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.
  11. 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.
  12. 11 PAGE BREAK
  13. 12 9:04 A.M. ROLL CALL
  14. 13 Invocation by Father Philemon Nashed from the Archangel Micheal Orthodox Church
  15. 14 Pledge of Allegiance to the Flag
  16. 15 APPROVE AGENDA APPROVED AS AMENDED Pass
  17. 16 CEREMONIAL PRESENTATIONS
  18. 17 Proclamation for ‘Meux Home” ID 25-115 PRESENTED
  19. 18 Proclamation for “Despierta Valle Central” ID 25-130 PRESENTED
  20. 19 Proclamation for "National Human Trafficking Prevention Month” ID 25-7 PRESENTED
  21. 20 Certificate of Recognition for Central Unified's Biola-Pershing FFA Students ID 25-104 PRESENTED
  22. 21 Fresno Animal Center presents “Pet of the Month” ID 25-32 PRESENTED
  23. 22 COUNCILMEMBER REPORTS AND COMMENTS
  24. 22 APPROVAL OF THE CONSENT CALENDAR APPROVED ON CONSENT CALENDAR Pass
  25. 23 Photo displayed during Councilmember reports and comments by District 3 ID 25-263
  26. 24 MAYOR/MANAGER REPORTS AND COMMENTS
  27. 1. SCHEDULED COUNCIL HEARINGS AND MATTERS
  28. 26 9:15 A.M. (CONTINUED TO FEBRUARY 27, 2025, AT 9:15 A.M.)
  29. 27 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 25-31 CONTINUED
  30. 28 10:00 A.M.
  31. 29 Appearance by Armida Meza regarding “Homeless problem of Fresno” (District 4 Resident) ID 25-101 PRESENTED
  32. 30 10:03 A.M.
  33. 31 Appearance by Reba Morris regarding “Homelessness in Fresno” (District 4 Resident) ID 25-143 PRESENTED
  34. 2. CONSENT CALENDAR
  35. 2.-A. Approval of the minutes for January 9, 2025 ID 25-133 APPROVED ON CONSENT CALENDAR Pass
  36. 2.-B. Actions pertaining to the expansion of the Code Enforcement Division in the City Attorney’s Office: ***RESOLUTION - Adopt the Third Amendment to the Position Authorization Resolution (“PAR”) No. 2024-121, adding one permanent, full-time Housing Program Supervisor position in the City Attorney’s Office, Division of Code Enforcement (Subject to Mayor’s Veto) ID 25-129 APPROVED ON CONSENT CALENDAR Pass
  37. 2.-C. Approve a consultant services agreement with Leon Environmental Consulting in an amount not to exceed $200,000, to provide professional inspection, testing, and consultant services for potentially hazardous materials (lead-based paint and asbestos containing materials) as well as supervision of removal of hazardous materials for demolitions of dangerous structures conducted by Code Enforcement; and authorize the City Attorney or designee to sign the agreement on behalf of the City. ID 25-121 APPROVED ON CONSENT CALENDAR Pass
  38. 2.-D. Bill - (For Introduction) Amending Section 10-2204(a) of the Fresno Municipal Code, Relating to the Pre-Removal Notice ID 25-178 ADOPTED Pass
  39. 2.-E. Approve the appointment of Richard Burrell to the Housing Authority of the City of Fresno to a term ending April 30, 2028. Approve the appointment of Lydia Zabrycki to the Fresno Regional Workforce Development Board to a term ending November 1, 2025. ID 25-114 APPROVED ON CONSENT CALENDAR Pass
  40. 2.-F. Actions pertaining to the Cesar Chavez Boulevard (formerly California Avenue) Improvements Projects from Fruit Avenue to Mayor Avenue (Council District 3): 1. Approve an agreement for Professional Engineering Services with Peters Engineering Group, of Clovis, California, in the amount of $320,000 with a $32,000 contingency, for the design and construction support services for the Cesar Chavez Complete Streets Project from Fruit Avenue to Mayor Avenue (Council District 3) (Bid File 12500464) 2. Approve an agreement for Professional Engineering Services with Peters Engineering Group, of Clovis, California, in the amount of $910,335 with a $91,034 contingency, for the design and construction support services for the Cesar Chavez Boulevard Enhancements Project from Fruit Avenue to Pottle Avenue (Council District 3) (Bid File 12500464) ID 25-100 APPROVED ON CONSENT CALENDAR Pass
  41. 2.-G. Approve the Second Amendment to the Consultant Services Agreement with Pcubed Associates, Inc. of Glendale, California, to increase the total contract by an amount not to exceed $184,875, paid on a time and materials basis for a revised total contract amount not to exceed $302,175, with a contingency amount not to exceed $11,730; and to extend the term of the Agreement to June 30, 2026, for the Forensic Investigation of Structural Components at the Fresno-Clovis Regional Wastewater Reclamation Facility Project. (Council District 3) ID 25-91 APPROVED ON CONSENT CALENDAR Pass
  42. 2.-H. Actions pertaining to executing the Master Equipment Lease Purchase Agreement: 1. RESOLUTION - Adopt a Resolution authorizing the execution and delivery of a Master Equipment Lease Purchase Agreement and certain separate lease schedules with respect to the acquisition, purchase, financing and leasing of equipment for the public benefit; and authorizing the execution and delivery of documents required in connection therewith. 2. Approve an agreement of the Master Equipment Lease Purchase Agreement (MELPA) with Banc of America Public Capital Corp (BAPCC). 3. Authorize the City Controller to sign the Master Equipment Lease Purchase Agreement and related documents with BAPCC on behalf of the City. ID 25-148 APPROVED ON CONSENT CALENDAR Pass
  43. 2.-I. Approve the Award of a Cooperative Purchase Agreement with Shade & Partners Technology Solutions, Inc. for the purchase of the Cornerstone Learning Management system for a three-year term, with two optional year extensions, in the amount of $207,714.50 for year one with annual renewals not to exceed 10% more than the previous year. ID 25-71 APPROVED ON CONSENT CALENDAR Pass
  44. 2.-J. Approve a Cooperative Purchase agreement with KIS for server virtualization subscription licensing and support for the City for three years, in the amount of $797,839.20, in accordance with purchasing procedures from cooperative purchase agreements as set forth in Administrative Order 3-1; and authorize the Chief Information Officer or designee to execute the agreement. ID 25-98 APPROVED ON CONSENT CALENDAR Pass
  45. 2.-K. RESOLUTION - Adopting the Measure P Expanded Access to Arts and Culture Grant Guidelines. ID 25-128 ADOPTED AS AMENDED Pass
  46. 2.-L. Approve the First Amendment to Local Housing Trust Fund Avalon Commons Phase II Agreement with Avalon Commons Phase II, LP., a California Limited Partnership, to extend the project schedule beyond 180 cumulative days. (Council District 6) ID 25-30 APPROVED ON CONSENT CALENDAR Pass
  47. 2.-M. Approve the First Amendment to State and Local Fiscal Recovery Funds Econo North Apartments Agreement with Better Opportunities Builder, Inc., an affiliate of the Housing Authority of the City of Fresno, to extend the project schedule beyond 180 cumulative days. (District 3) ID 25-28 APPROVED ON CONSENT CALENDAR Pass
  48. 2.-N. Approve a Second Amendment to the Disposition and Development Agreement between Metro Hospitality Services, Inc., and City of Fresno to extend the construction schedule for the Courtyard by Marriott Hotel in Downtown Fresno located at the northeast corner of Inyo and M Street (District 3) ID 25-122 APPROVED ON CONSENT CALENDAR Pass
  49. 2.-O. ***RESOLUTION - Authorizing the submission of a grant application and acceptance of funds from the California Department of Housing and Community Development’s 2024 Homeownership Super NOFA for funding under the CalHome Program for Homebuyer Mortgage Assistance, and authorizing the City Manager or designee to sign all necessary implementing documents (Subject to Mayor’s Veto) ID 25-63 APPROVED ON CONSENT CALENDAR Pass
  50. 2.-P. Actions pertaining to the 2025 Law Enforcement Specialized Unit Program: 1. ***RESOLUTION - Adopt a Resolution authorizing acceptance of $203,142 in grant funding from the California Governor’s Office of Emergency Services’ Law Enforcement Specialized Unit Program for the Fresno Police Department’s Domestic Violence Unit 2025 Law Enforcement Specialized Unit Program (Subject to Mayor’s veto) 2. ***RESOLUTION - Adopt the 36th Amendment to the Annual Appropriation Resolution No. 2024-122 to appropriate $101,600 in Law Enforcement Specialized Unit Program Grant funding for the Police Department’s Domestic Violence Unit (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto) 3. Approve a Memorandum of Understanding with Marjaree Mason Center, Inc. for the total grant amount not to exceed $138,662 4. Authorize the Chief of Police to sign the Memorandum of Understanding with Marjaree Mason Center Inc., on behalf of the City ID 25-127 APPROVED ON CONSENT CALENDAR Pass
  51. 2.-Q. Approve the Water System Consolidation Agreement between Three Palms Mobile Home Park, LLC and the City of Fresno for a water connection to serve Three Palms MH Park and authorize the Director of Public Utilities to sign the Agreement on behalf of the City of Fresno. (Council District 3) ID 25-87 APPROVED Pass
  52. 2.-R. ***RESOLUTION - Declaring an urgent necessity for the preservation of life, health, property and authorizing the City Manager or designee, to enter into agreements without advertised competitive bidding for the emergency landfill gas collection and control system repairs and site security improvements at the Fresno Municipal Sanitary Landfill Superfund Site (Requires 5 affirmative votes) (Subject to Mayor’s veto) ID 25-172 APPROVED ON CONSENT CALENDAR Pass
  53. 2.-S. Award a Requirements Contract to Briner & Son Inc. of Fresno, California, to provide Landscape Maintenance Services to Community Facilities District No. 15 within the City of Fresno, for one year with seven optional one-year extensions in an amount not to exceed $128,586.28 per year plus an annual 20% contingency (RFP No. 12500184), and to authorize the Public Works Director or designee to sign the contract on behalf of the City. (Council District 6) ID 25-102 APPROVED ON CONSENT CALENDAR Pass
  54. 2.-T. RESOLUTION - Authorizing the Submission of a Planning Grant Application to the Office of the Secretary (OST), US Department of Transportation (DOT) for the 2025 Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Program for project planning, preparation, and/or design activities for the Shaw Avenue and State Route 99 Freeway Interchange Improvement project; and Authorizing the Execution of Grant Application and Grant Agreement Documents by the Public Works Director or Designee (Council Districts 1 and 2). ID 25-66 APPROVED ON CONSENT CALENDAR Pass
  55. 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 25-83 APPROVED ON CONSENT CALENDAR
  56. 2.-V. RESOLUTION - Of Intention to Annex the Territory Known as Assessor’s Parcel Number 310-250-13 as Annexation Number 65 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, March 13, 2025, at 9:15 am. (East side of North Armstrong Avenue and East Harvard Avenue) (Council District 7) ID 25-96 APPROVED ON CONSENT CALENDAR Pass
  57. 2.-W. RESOLUTION - Of Intention to Annex the Territory Known as Assessor’s Parcel Number 506-130-04S as Annexation Number 64 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, March 13, 2025, at 9:20 am (Southwest corner of West Sierra Avenue and North Polk Avenue). (Council District 2) ID 25-97 APPROVED ON CONSENT CALENDAR Pass
  58. 2.-X. Submission for informational purposes of the Annual Comprehensive Financial Reports (“ACFR”) regarding the financial activities of the City of Fresno Retirement Systems for the Fiscal Year Ending June 30, 2024 ID 25-106 PRESENTED
  59. 2.-Y. Reject all bids of a three-year base contract, with options for two one-year extensions, for the purchase Radial Tire Leasing Services (Bid File 12500030). ID 25-108 APPROVED ON CONSENT CALENDAR Pass
  60. 2.-Z. Approve the appointment of Navkaran Gurm to the Public Financing Authority of the Fresno Enhanced Infrastructure Financing District for a term which serves at the pleasure of the Councilmember. ID 25-103 APPROVED ON CONSENT CALENDAR Pass
  61. 2.-AA. Approve the reappointment of Stephen Avila to the Fresno Regional Workforce Development Board (FRWDB) for a term ending November 1, 2026. Approve the appointment of James D. Martinez to the Fresno Metropolitan Flood Control District Board for a term ending August 3, 2028. Approve the re-appointment of Raquel Busani to the Fresno Metropolitan Flood Control District Board for a term ending August 3, 2028. ID 25-107 APPROVED ON CONSENT CALENDAR Pass
  62. 2.-BB. Approve the appointment of James Poptanich to the Fresno-Madera Area Agency on Aging Board for a term ending January 4, 2027. ID 25-81 APPROVED ON CONSENT CALENDAR Pass
  63. 2.-CC. Bill - (For Introduction) Adding Chapter 10 of Article 27 of the Fresno Municipal Code, Relating to the Anti Human Transportation and Abandonment Ordinance ID 25-167 APPROVED ON CONSENT CALENDAR Pass
  64. 2.-DD. Council Boards and Commissions Communications, Reports, Assignments and/or Appointments, Reappointments, Removals to/from City and non-City Boards and Commissions. ID 25-165 APPROVED ON CONSENT CALENDAR Pass
  65. 63 CONTESTED CONSENT CALENDAR
  66. 3. GENERAL ADMINISTRATION
  67. 3.-A. WORKSHOP - Community Workforce Agreement (Project Labor Agreement) Annual Review. ID 25-33 PRESENTED
  68. 3.-B. WORKSHOP - Downtown Fresno Parking Automation ID 25-154 PRESENTED
  69. 67 UNSCHEDULED COMMUNICATION
  70. 68 PLEASE NOTE: UNSCHEDULED COMMUNICATION IS NOT SCHEDULED FOR A SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING
  71. 4. CITY COUNCIL
  72. 69 The above minutes were approved by unanimous vote of the City Council during the February 13, 2025, regular meeting.
  73. 5. CLOSED SESSION
  74. 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); 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) ID 25-85 DISCUSSED
  75. 5.-B. 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 25-105 DISCUSSED
  76. 5.-C. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Doredda Grossman, et al v. City of Fresno; Fresno Superior Court Case No. 23CECG00345 ID 25-125 DISCUSSED
  77. 5.-D. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION - Government Code Section 54956.9, subdivision (d)(1) South Fresno Community Alliance v. City of Fresno, et al. Fresno Superior Court Case No.: 21CECG03237 ID 25-145 DISCUSSED
  78. 5.-E. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Case Name(s): 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 25-166 DISCUSSED
  79. 5.-F. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Government Code Section 54956.9, subdivision (d)(2) Significant Exposure to Litigation: Josie Rodriguez v. City of Fresno, Risk File No. RM2022043424 (Police Department) ID 25-80 DISCUSSED
  80. 5.-G. 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 25-150 DISCUSSED
  81. 78 ADJOURNMENT
  82. 79 UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS
  83. 80 UPCOMING EMPLOYEE CEREMONIES
  84. 81 2025 CITY COUNCIL MEETING SCHEDULE