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September 12, 2024 ·9:00 AM Final ·Regular Meeting

Council Chambers

Agenda PDF Minutes PDF 📹 Watch video Official record ↗

Agenda — 72 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 9:02 A.M. ROLL CALL
  13. 13 Invocation by Bishop David Rice from the Episcopal Diocese of San Joaquin
  14. 14 Pledge of Allegiance to the Flag
  15. 15 APPROVE AGENDA ADOPTED AS AMENDED Pass
  16. 16 CEREMONIAL PRESENTATIONS
  17. 17 Proclamation recognizing the 2024 National Voter Registration Day (Sept 17), Disability Voting Rights Week (Sept 9 to Sept 13), and California High School Voter Education Weeks (Sept 16 through Sept 27) ID 24-1218 PRESENTED
  18. 18 Proclamation for “Honoring Holy Spirit Catholic Church’s Outreach Committee” ID 24-1116 PRESENTED
  19. 19 COUNCILMEMBER REPORTS AND COMMENTS
  20. 20 MAYOR/MANAGER REPORTS AND COMMENTS
  21. 21 CITY CLERK AND CITY ATTORNEY REPORTS AND COMMENTS
  22. 1. SCHEDULED COUNCIL HEARINGS AND MATTERS
  23. 22 APPROVAL OF THE CONSENT CALENDAR APPROVED ON CONSENT CALENDAR Pass
  24. 23 9:10 A.M. #1
  25. 24 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 61 (Territory known as Assessor’s Parcel Number 506-470-48S) (Located on the east side of North Cecelia Avenue and West Ellery Way) (Council District 2): 1. ***RESOLUTION - to Annex Territory to Community Facilities District No. 9 and Authorizing the Levy of a Special Tax for Annexation No. 61 (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. 61. (Subject to Mayor’s Veto) ID 24-1201 ADOPTED Pass
  26. 25 9:10 A.M. #2
  27. 26 HEARING to consider of an appeal regarding the denial of Conditional Use Permit Application No. P22-03906, requesting authorization to establish a State of California Alcoholic Beverage Control (ABC) Type 21 (Off-Sale Beer, Wine, & Distilled Spirits) alcohol license for Circle “D” Food & Liquor store located at 2520 East Olive Avenue on the southeast corner of North Fresno Street and East Olive Avenue. (Council District 7) 1. DENY the appeal and UPHOLD the action of the Planning and Development Department Director to deny CUP Application No. P22-03906 requesting authorization to establish a State of California Alcoholic Beverage Control Type 21 (Off-Sale Beer, Wine, & Distilled Spirits) alcohol license for a Circle “D” Food & Liquor store. ID 24-1212 APPROVED AS AMENDED Pass
  28. 27 9:15 A.M.
  29. 28 Actions pertaining to the Program Year (PY) 2023 Consolidated Annual Performance Evaluation Report (CAPER) for U.S. Department of Housing and Urban Development (HUD) Community Planning and Development (CPD) programs: 1. HEARING to obtain public comments regarding the PY 2023 CAPER; and 2. Adopt PY 2023 CAPER and authorize submission to the U.S. Department of Housing and Urban Development (HUD). ID 24-1162 APPROVED Pass
  30. 29 9:20 A.M.(CONTINUED TO SEPTEMBER 26, 2024 AT 9:20 A.M.#2)
  31. 30 HEARING to consider Conditional Use Permit Application No. P21-06064, (Council District 1) - Planning & Development. 1. DENY the appeal and UPHOLD the action of the Planning Commission to deny Conditional Use Permit Application No. P21-06064 requesting authorization to establish a State of California Alcoholic Beverage Control (ABC) Type 20 alcohol license (Off-Sale beer and wine) for a proposed Arco AM/PM combination automobile service station and convenience store. ID 24-1173 CONTINUED AS NOTED
  32. 2. CONSENT CALENDAR
  33. 2.-A. Approval of the minutes for August 29, 2024, regular meeting ID 24-1220 APPROVED ON CONSENT CALENDAR Pass
  34. 2.-B. Approve the appointment of Ryan Eddings to the Historic Preservation Commission to a term ending June 30, 2028. Approve the appointment of Mahon Brown to the Fresno/Clovis Community Media Authority to a term ending June 30, 2026. ID 24-1194 APPROVED ON CONSENT CALENDAR Pass
  35. 2.-C. Actions pertaining to allocation of American Rescue Plan Act funding: 1. Approve the recommendation of seven service proposals allocating American Rescue Plan Act (ARPA) funding for local Community Based Organizations (CBOs) totaling $100,000 (Bid File 12402305) to the following organizations: (1) Trans-e-motion $10,000; (2) BlaQueer Fresno $20,000; (3) Casita Feliz $13,500; (4) Dulce Upfront Labs $13,600; (5) South Tower Land Trust $5,000; (6) LGBTQ Fresno $12,740; (7) Oasis Legal $25,160; 2. RESOLUTION - Repealing and replacing Resolution No. 2024-192 and Granting Authority to the City Manager or designee to enter into agreements with Community Based Organizations to provide programs and services funded by the American Rescue Plan Act (ARPA) to aid in the COVID-19 Recovery Effort. ID 24-1217 APPROVED ON CONSENT CALENDAR Pass
  36. 2.-D. Ordinance (for introduction) - Amending Hearing Officer Authority, FMC section 1-409, to provide authority for limited reductions in fines. ID 24-1231 APPROVED ON CONSENT CALENDAR Pass
  37. 2.-E. Actions pertaining to the 2023 Bureau of Justice Assistance Patrick Leahy Bulletproof Vest Partnership Program grant award (Council District 4): 1. Authorize the Director of Aviation to accept the Bureau of Justice Assistance (BJA) Patrick Leahy Bulletproof Vest (BVP) program grant award totaling $6,512.50 for the reimbursement of up to 50 percent of the cost of body armor vests purchased for law enforcement officers at the Airport. 2. Authorize the City Manager or designee to execute all related documents for acceptance, modification, extension and administration of the 2023 BJA BVP grant program. 3. ***RESOLUTION - Adopt the 8th Amendment to the Annual Appropriation Resolution (AAR) No. 2024-122 appropriating $6,600 for the Bureau of Justice Assistance (BJA) Patrick Leahy Bulletproof Vest Partnership (BVP) Fifty-Percent Grant Match Program (Requires 5 affirmative votes) (Subject to Mayor’s veto). ID 24-1044 APPROVED ON CONSENT CALENDAR Pass
  38. 2.-F. ***RESOLUTION - Adopt the 10th Amendment to the Annual Appropriation Resolution (AAR) No. 2024-122 to appropriate $3,252,100 in FY 2024 City Council Department operating and capital carryover and trueing up the Department of Public Works Council Infrastructure Capital Project budgeted carryover totals (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto). ID 24-1199 TABLED
  39. 2.-G. Approve a Grant Agreement with The Central Valley Honor Flight allocating $100,000 in American Rescue Plan Act (ARPA) funding to support and honor 70 Valley veterans by providing resources to pay for a trip to Washington, DC to visit their military memorials. ID 24-1156 APPROVED ON CONSENT CALENDAR Pass
  40. 2.-H. Approve Contract Change Order No. 05 in the amount of $0.00 with American Paving Company of Fresno, California, which extends the date of completion to June 21, 2024 by increasing the contract time by twenty-two (22) additional working days, for the Fink-White Splash Play Area Project. (Council District 3) ID 24-1169 APPROVED ON CONSENT CALENDAR Pass
  41. 2.-I. Approve a professional engineering services agreement with Provost & Pritchard Engineering Group Inc., dba Provost & Pritchard Consulting Group, of Fresno, California, in the amount of $310,567 for the design of Improvements for the Leaky Acres Groundwater Recharge Facility Project. (Council District 4) ID 24-1172 APPROVED ON CONSENT CALENDAR Pass
  42. 2.-J. Actions pertaining to the Kaviland and Villa Park Improvements Project (Bid File 12402849) (Council District 5): 1. Adopt a finding of Categorical Exemption per staff’s determination, pursuant to Sections 15301/Class 1, 15302/Class 2, and 15303/Class 3 of the California Environmental Quality Act Guidelines, Environmental Assessment No. PW01041, for the Kaviland and Villa Park Improvements Project; 2. Award a construction contract in the amount of $220,713.75 to Geometric Construction, Inc. of Fresno, California, as the lowest responsive and responsible bidder for the Kaviland and Villa Park Improvements Project. ID 24-1160 APPROVED ON CONSENT CALENDAR Pass
  43. 2.-K. Award a construction contract in the amount of $6,860,785.12 to Yarbs Grading and Paving Inc. of Fowler, California for the MLK Center Active Transportation Project. (Bid File No. 12401530) (Council District 3) ID 24-1167 APPROVED ON CONSENT CALENDAR Pass
  44. 2.-L. Approve Amendment No. 3 to Measure “C” Cooperative Project Agreement, Grade Separation Program, for the Blackstone & McKinley BNSF Grade Separation Project, in the amount of $23,380,062, for a total increased agreement amount not to exceed $58,500,000, with the Fresno County Transportation Authority. (Council Districts 1 and 7) ID 24-1174 APPROVED ON CONSENT CALENDAR Pass
  45. 2.-M. RESOLUTION - Of Intention to Annex the Territory Known as Assessor’s Parcel Number 444-092-40 as Annexation Number 62 to the City of Fresno Community Facilities District Number 9 and to Authorize the Levy of Special Taxes; and setting the Public Hearing for Thursday, October 10, 2024, at 9:10 am. (Located on the south side of East Clinton Avenue, west of North Blackstone Avenue) (Council District 7) ID 24-1155 APPROVED ON CONSENT CALENDAR Pass
  46. 2.-N. Reject all bids for the requirement contract to Furnish and Install Pavement Undulations on Various City Streets. (Bid File 12402144) (Citywide) ID 24-1147 TABLED
  47. 2.-O. Approve the first amendment to the lease agreement between the City of Fresno and Tutelian Holdings I, LLC, a California limited liability company to expand the office space by 928 square feet, for $20,602 annually, with an annual increase averaging 2.5%, plus the proportionate share of the building and operating costs estimated at $10,580 annually ID 24-1195 APPROVED ON CONSENT CALENDAR Pass
  48. 2.-P. ***RESOLUTION - Adopting the 12th Amendment to the Annual Appropriation Resolution (AAR) No. 2024-122 to appropriate $107,500 from Fresno Unified School District (FUSD) to the Parks, After School, Recreation, and Community Services (PARCS) Department for Summer Swim (Aquatics) programming. (Citywide) (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto). ID 24-1200 APPROVED ON CONSENT CALENDAR Pass
  49. 2.-Q. ***RESOLUTION - Adopt a resolution authorizing submission of an application and acceptance of funding from the State of California Department of Housing and Community Development Local Housing Trust Fund Grant program to provide matching funds to the City of Fresno Local Housing Trust Fund and authorizing the City Manager or designee to sign and submit the application and all necessary implementing documents (Subject to Mayor’s veto) ID 24-1004 APPROVED ON CONSENT CALENDAR Pass
  50. 2.-R. Actions pertaining to the FAX Bus Stop ADA Upgrades Phase A project: 1. Adopt Environment Assessment No. P24-1149, dated September 12, 2024, a determination that the proposed project qualifies for categorical exemption as set forth in the California Environmental Quality Act (CEQA) Guidelines Section 15301/Class 1 and Section 15302/Class 2, of the State of California CEQA Guidelines. 2. Award a construction contract to Harris Development Corp. dba HBC Enterprises, of Clovis California, in the amount of $577,999 for the Department of Transportation Fresno Area Express (FAX) Bus Stop ADA Upgrades Phase A project, within the City of Fresno, and authorize the Director of Transportation to execute all related documents. Bids will expire on date October 9, 2024 (Bid File #12403045) ID 24-1149 APPROVED ON CONSENT CALENDAR Pass
  51. 2.-S. Bill - (For Introduction) - Amending Section 13-305 of the Fresno Municipal Code, relating to Tree Preservation ID 24-1214 TABLED
  52. 2.-T. ***RESOLUTION - Repealing and Restating Resolution 2022-086 Establishing the City of Fresno Tree Policy (Subject to Mayor’s Veto) ID 24-1215 TABLED
  53. 2.-U. ***BILL B-29 - (Intro’d August 29, 2024) (For Adoption) - Adding Chapter 10, Article 24 To The Fresno Municipal Code, Authorizing Local Businesses To Enforce Private Property Rights Against Trespassers At Privately Owned Locations Open To The Public (Subject to Mayor’s Veto). ID 24-1216 APPROVED ON CONSENT CALENDAR Pass
  54. 53 CONTESTED CONSENT CALENDAR
  55. 3. GENERAL ADMINISTRATION
  56. 3.-A. WORKSHOP - South Central Fresno AB 617 Community Truck Reroute Study ID 24-1209 PRESENTED
  57. 56 UNSCHEDULED COMMUNICATION
  58. 57 PLEASE NOTE: UNSCHEDULED COMMUNICATION IS NOT SCHEDULED FOR A SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING
  59. 4. CITY COUNCIL
  60. 5. CLOSED SESSION
  61. 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 24-1205 DISCUSSED
  62. 5.-B. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Case Name: Craig Attkisson v. City of Fresno, PSI, administered by Tristar Risk Management; Claim No.: 1010104343-ADR-1. ID 24-1183 DISCUSSED
  63. 5.-C. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) South Fresno Community Alliance v. City of Fresno; Fresno Superior Court Case No.: 21CECG03237 ID 24-1232 DISCUSSED
  64. 5.-D. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) ACLU, et al. v. City of Fresno, et al.; Fresno Superior Court Case No.: 23CECG04744 ID 24-1234 DISCUSSED
  65. 5.-E. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) La Hacienda Mobile Estates, LLC v. City of Fresno, et al; Case Number: 24CECG00271 ID 24-1236 DISCUSSED
  66. 5.-F. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) In Re La Hacienda Mobile Estates, LLC, US Bankruptcy Court, Eastern District of California; Case Number: 24-11967-A-11 ID 24-1237 DISCUSSED
  67. 5.-G. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Hacienda Homeowners for Justice, et al, v. La Hacienda Mobile Estates, LLC, et al; Fresno Superior Court, Case Number: 23CECG03987; and California Court of Appeal, Fifth Appellate District, Case Number: F087978 ID 24-1238 DISCUSSED
  68. 5.-H. 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 24-1204 DISCUSSED
  69. 68 ADJOURNMENT
  70. 69 The above minutes were approved by unanimous vote of the City Council during the September 26, 2024, regular meeting.
  71. 70 UPCOMING EMPLOYEE CEREMONIES
  72. 71 2024 CITY COUNCIL MEETING SCHEDULE