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October 10, 2024 ·9:00 AM Final ·Regular Meeting

Council Chambers

Agenda PDF Minutes PDF 📹 Watch video Official record ↗

Agenda — 82 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 9:11 A.M. ROLL CALL
  13. 13 Invocation by Sr. Pastor Elias Loera of Family Christian Assembly
  14. 14 Pledge of Allegiance to the Flag
  15. 15 APPROVE AGENDA ADOPTED AS AMENDED Pass
  16. 16 CEREMONIAL PRESENTATIONS
  17. 17 Proclamation for “Carol Lewis Day” ID 24-857 PRESENTED
  18. 18 Proclamation for "Indigenous Peoples’ Day” ID 24-1188 PRESENTED
  19. 19 Proclamation for Domestic Violence Awareness Month presented to Centro La Familia and Marjaree Mason Center ID 24-1249 PRESENTED
  20. 20 Proclamation of Code Enforcement Officer Appreciation Week ID 24-1326 PRESENTED
  21. 21 COUNCILMEMBER REPORTS AND COMMENTS
  22. 22 MAYOR/MANAGER REPORTS AND COMMENTS
  23. 23 CITY CLERK AND CITY ATTORNEY REPORTS AND COMMENTS
  24. 1. SCHEDULED COUNCIL HEARINGS AND MATTERS
  25. 25 9:10 A.M.
  26. 26 HEARING to adopt resolutions and ordinance to annex territory and Levy a Special Tax regarding City of Fresno Community Facilities District Number 9, Annexation Number 62: (Territory known as Assessor’s Parcel Number 444-092-40) (Located on the south side of East Clinton Avenue, west of North Blackstone Avenue) (Council District 7) 1. ***RESOLUTION - to Annex Territory to Community Facilities District No. 9 and Authorizing the Levy of a Special Tax for Annexation No. 62; (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. 62; (Subject to Mayor’s Veto) ID 24-1337 ADOPTED Pass
  27. 27 9:15 A.M. #1
  28. 28 HEARING to Consider an appeal regarding Tentative Parcel Map No. 2023-13 and related Environmental Assessment No. TPM 2023-13 for approximately 2.76 acres of property located on the northeast corner of North West and West Olive Avenues (Council District 3) - Planning and Development Department. 1. ADOPT an Environmental Assessment No. TPM-2023-13 dated February 6, 2024, a determination that the proposed project is exempt from the California Environmental Quality Act (CEQA) Guidelines through a Section 15315/Class 15 Categorical Exemption. 2. DENY the appeal and UPHOLD the action of the Planning and Development Department Director in the approval of Tentative Parcel Map No. 2023-13 authorizing the subdivision of approximately 2.67 acres of property into a two-lot subdivision, subject to the following: a. Development shall take place in accordance with the Conditions of Approval for Tentative Parcel Map No. 2023-13 dated July 3, 2024. ID 24-1221 APPROVED AS AMENDED Pass
  29. 29 PAGE BREAK
  30. 30 9:15 A.M. #2
  31. 30 APPROVAL OF THE CONSENT CALENDAR APPROVED ON CONSENT CALENDAR Pass
  32. 31 HEARING to adopt resolutions and ordinance to annex territory and Levy a Special Tax regarding City of Fresno Community Facilities District Number 9, Annexation Number 59: (Final Parcel Map Number 2004-36) (East Belmont Avenue and North Laverne Avenue) (Council District 5) 1. ***RESOLUTION - to Annex Territory to Community Facilities District No. 9 and Authorizing the Levy of a Special Tax for Annexation No. 59 (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. 59. (Subject to Mayor’s Veto) ID 24-1336 ADOPTED Pass
  33. 32 9:25 A.M.
  34. 33 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 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. ID 24-1306 TABLED Pass
  35. 34 9:30 A.M.
  36. 35 Actions pertaining to the U.S. Department of Housing and Urban Development’s FY24 Pathways to Removing obstacles to Housing (PRO Housing) grant application: 1. HEARING to obtain public comments on the City’s Draft PRO Housing application; and 2. *** RESOLUTION - Authorizing the submission of a grant application and acceptance of funds from the U.S. Department of Housing and Urban Development’s FY24 Pathways to Removing Obstacles to Housing (PRO Housing) grant to fund the development of affordable housing and authorizing the City Manager or designee to sign all necessary implementing documents (Subject to Mayor’s Veto) ID 24-1176 ADOPTED Pass
  37. 36 10:00 A.M.
  38. 37 Appearance by Carol Goiburn to discuss “Making Fresno a Nuclear Free Zone and 1985 Measure B Nuclear Free Zone Act” (District 4 Resident) ID 24-1325 PRESENTED
  39. 38 10:03 A.M.
  40. 39 Appearance by Anna Rhinehart to discuss Operation Clean Up Schedule. (District 1 Resident) ID 24-1345 PRESENTED
  41. 2. CONSENT CALENDAR
  42. 2.-A. Approval of the minutes for September 26, 2024, regular meeting ID 24-1351 APPROVED ON CONSENT CALENDAR Pass
  43. 42 PAGE BREAK
  44. 2.-B. Actions pertaining to California Tupman and Romain Park Improvements Project (Bid File No. 12500042) (Council Districts 3 and 7): 1. Adopt a finding of Categorical Exemption per staff’s determination, pursuant to Section 15301/Class 1 and Section 15302/Class 2 of the California Environmental Quality Act Guidelines, Environmental Assessment No. PC00326 and PC00319, for the California Tupman and Romain Park Improvements Project; 2. Award a construction contract in the amount of $434,056.02 to Geometric Construction Inc., of Fresno, California, as the lowest responsive and responsible bidder for the California Tupman and Romain Park Improvements Project. ID 24-1283 APPROVED ON CONSENT CALENDAR Pass
  45. 2.-C. Actions pertaining to the South Peach Avenue Park Project (Bid File 12402799) (Council District 5): 1. Adopt an Addendum to Mitigated Negative Declaration SCH 2021040358, dated April 12, 2021, prepared for Development Permit Application No. P21-00726 pursuant to California Environmental Quality Act Guidelines Sections 15162 and 15164; 2. Award a construction contract in the amount of $9,653,846.35 for the Base Bid plus all six (6) Add Alternates to American Paving Co. of Fresno, California, as the lowest responsive and responsible bidder for the South Peach Avenue Park Project. ID 24-1284 APPROVED ON CONSENT CALENDAR Pass
  46. 2.-D. Award a construction contract in the amount of $449,289 to Harris Development Corp. dba HBC Enterprises, of Clovis, California, as the lowest responsive and responsible bidder for the Cary Bleacher and ADA Improvements Project. (Bid File No. 12500111) (Council District 4) ID 24-1299 APPROVED ON CONSENT CALENDAR Pass
  47. 46 PAGE BREAK
  48. 2.-E. Approve the First Amendment to the Professional Engineering Services Agreement with Michael K. Nunley & Associates, Inc., of Fresno, California, in the amount of $12,710, increasing the total contract amount to $624,379, with a remaining contingency amount not to exceed $6,647, due to an increased scope of services for the construction document phase of the Southwest Recycled Water System Storage Tank and Booster Pump Station Project (Fresno County). ID 24-1304 APPROVED ON CONSENT CALENDAR Pass
  49. 2.-F. Reject the bid for the Rectangular Rapid Flashing Beacon Project. (Bid File No. 12402193-1) (Council District 2, 4, and 6) ID 24-1312 APPROVED Pass
  50. 2.-G. Actions pertaining to the Knight Avenue Improvements Project between Jensen Avenue and Grove Avenue (Bid File No. 12500187) (Council District 3): 1. Adopt a finding of Categorical Exemption pursuant to Section 15301/Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines; 2. Award a construction contract in the amount of $567,905 to Avison Construction, Inc. of Madera, California. ID 24-1314 APPROVED ON CONSENT CALENDAR Pass
  51. 2.-H. Actions related to updating water conservation measures and the City’s Water Shortage Contingency Plan (Citywide): 1. Adopt a finding that the proposed updates to the City’s water conservation measures are exempt from the California Environmental Quality Act (CEQA) pursuant to the common sense 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 Guidelines; 2. BILL (for introduction) - Amending Subsection (vv) of Section 6-501, Subsections (a) and (e) of Section 6-520, and Section 6-522 of the Fresno Municipal Code, relating to regulations for urban water conservation and water efficient landscape standards; 3. ***RESOLUTION - Amending the Water Shortage Contingency Plan (Subject to Mayor’s Veto); 4. ***RESOLUTION - Adopting the 571st Amendment to the Master Fee Schedule Resolution No. 80-420 to update water rate penalties relating to conditions of service work in the Public Utilities Section (Subject to Mayor’s Veto); 5. ***RESOLUTION - Authorizing the issuance of fines for violations of the Fresno Municipal Code’s water conservation regulations based on water meter data and rescinding Resolution No. 2018-253 (Subject to Mayor’s Veto). ID 24-1057 TABLED
  52. 2.-I. Approve the award of a service contract to REMIX of San Francisco, California, for cloud-based transit planning software for a total not to exceed $197,000 over five years plus two optional one-year extensions. (Bid File 12402788) ID 24-1308 APPROVED ON CONSENT CALENDAR Pass
  53. 2.-J. ***RESOLUTION - Adopting the 16th Amendment to the Annual Appropriation Resolution (AAR) No. 2024-122 to appropriate $296,000 from the State of California’s Office of Traffic Safety (OTS) to the Parks, After School, Recreation, and Community Services (PARCS) Department for Bicycle and Pedestrian Safety programming (Citywide) (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto). ID 24-1273 APPROVED ON CONSENT CALENDAR Pass
  54. 2.-K. Actions pertaining to the California Volunteers Youth Service Corps Program Grant 1. Accept the California Volunteers Youth Service Corps Program Grant and authorize the City Manager or designee to execute all grant related documents. 2. ***RESOLUTION - Adopting the 18th amendment to the Annual Appropriation Resolution (AAR) No. 2024-122 appropriating $1,080,902.56 for the OneFresno Youth Jobs Corps Program (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto) ID 24-1356 APPROVED ON CONSENT CALENDAR Pass
  55. 2.-L. Approve an Agreement with Community Health Improvement Partners to administer an Independent Living Home - Rapid Rehousing program (ILA-RR) in the total amount of $2,882,282.63 using Encampment Resolution Funding (ERF-3R). ID 24-559 TABLED
  56. 2.-M. Approve First Amendment to the Service Agreement with Poverello House for professional emergency shelter, bridge housing, street outreach, and navigation services for individuals experiencing homelessness in two State encampment areas extending the contract term to July 30, 2025, and increasing funding by $2,001,280.00 in Encampment Resolution Funding-Round 3 (ERF-3R) grant for a total program award of $11,781,605.71. ID 24-819 APPROVED ON CONSENT CALENDAR Pass
  57. 2.-N. Actions pertaining to the 2022 Environmental Protection Agency Brownfields Revolving Loan Fund Grant 1. Approve the consultant services agreement between the City of Fresno and Stantec Consulting Services Inc., in the amount of $101,750 to perform environmental consultant services for Brownfields Revolving Loan Fund Grant activities with a contract performance period to January 31, 2027 2. Authorize the Planning and Development Director to accept $1,000,000 in total grant funding for the Brownfields Revolving Loan Fund grant and execute all related documents applicable to the 2022 Environmental Protection Agency Brownfields Revolving Loan Fund Grant ID 24-1094 APPROVED ON CONSENT CALENDAR Pass
  58. 2.-O. RESOLUTION - Authorizing the Submission of a Grant Application for Competitive Grant Funds to the California Transportation Commission’s Local Partnership Competitive Program for the BNSF Blackstone McKinley Grade Separation Project Totaling up to $25 Million in Request for Funding; and Authorizing the Execution of Grant Application and Grant Agreement documents by the Public Works Director or Designee. (Council Districts 1 and 7) ID 24-1338 APPROVED ON CONSENT CALENDAR Pass
  59. 2.-P. Actions pertaining to Resolution of Intention Number 1155-D to vacate portions of excess public street right of way on the northeast side of North Weber Avenue and the southeast side of West Farrington Avenue, northwest of West Herndon Avenue (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. P22-00207; 2. RESOLUTION - Adopt the attached Resolution of Intention Number 1155-D to vacate portions of excess public street right of way on the northeast side of North Weber Avenue and the southeast side of West Farrington Avenue, northwest of West Herndon Avenue; 3. Set the required public hearing at 9:30 a.m. on October 31, 2024. ID 24-1366 TABLED
  60. 2.-Q. Approve the reappointment of Sarah Harris to the Fresno County Transportation Authority with a term ending October, 10, 2026. ID 24-1202 APPROVED ON CONSENT CALENDAR Pass
  61. 2.-R. Bill - (For Introduction) - Amending 11-115 of the Fresno Municipal Code relating to the adoption of rules and regulations restricting vehicular or pedestrian traffic through alleys. ID 24-1371 APPROVED ON CONSENT CALENDAR Pass
  62. 61 PAGE BREAK
  63. 2.-S. ***RESOLUTION - Repealing and Restating Resolution 2022-086 Establishing the City of Fresno Tree Policy (Subject to Mayor’s Veto) ID 24-1279 APPROVED ON CONSENT CALENDAR Pass
  64. 2.-T. Bill - (For Introduction) - Amending Section 13-305 of the Fresno Municipal Code, relating to Tree Preservation ID 24-1278 APPROVED ON CONSENT CALENDAR Pass
  65. 64 CONTESTED CONSENT CALENDAR
  66. 3. GENERAL ADMINISTRATION
  67. 3.-A. Progress of Code Enforcement, including ASET Quarterly report. ID 24-1352
  68. 67 UNSCHEDULED COMMUNICATION
  69. 68 PLEASE NOTE: UNSCHEDULED COMMUNICATION IS NOT SCHEDULED FOR A SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING
  70. 4. CITY COUNCIL
  71. 5. CLOSED SESSION
  72. 5.-A. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) John Rose v. City of Fresno; Fresno Superior Court Case No. 21CECG03763 ID 24-1327 DISCUSSED
  73. 72 PAGE BREAK
  74. 5.-B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Government Code Section 54956.9, subdivision (d)(2) Significant Exposure to Litigation: Edward Cruz & Jennyfer Pena v. City of Fresno, Risk File No. RM2023045072 (Public Works Department) ID 24-1328 DISCUSSED
  75. 5.-C. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: 1 potential case ID 24-1342 DISCUSSED
  76. 5.-D. 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 24-1362 DISCUSSED
  77. 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 24-1374 DISCUSSED
  78. 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 Annalisa Perea. Unrepresented Employee: City Attorney ID 24-1349 DISCUSSED
  79. 78 ADJOURNMENT
  80. 79 The above minutes were approved by unanimous vote of the City Council during the October 31, 2024, regular meeting with Councilmember Arias, and Maxwell absent.
  81. 80 UPCOMING EMPLOYEE CEREMONIES
  82. 81 2024 CITY COUNCIL MEETING SCHEDULE