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June 27, 2024 ·9:00 AM Final ·Regular Meeting

Council Chambers (In Person and/or Electronic) https://www.fresno.gov/budget-hearings/

Agenda PDF Minutes PDF 📹 Watch video Official record ↗

Agenda — 76 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 in one of the two following ways:
  3. 3 1) Participate In Person: Council Chambers, City Hall, 2nd Floor, 2600 Fresno Street, Fresno, CA 93721
  4. 4 a) To speak during a City Council meeting in person: fill out a speaker card (available in the Council Chamber) and place it in the speaker card collection basket at the front of the Council Chamber. You may also approach the speaker podium upon the Council President’s call for public comment.
  5. 5 2) Participate Remotely via Zoom: https://www.fresno.gov/budget-hearings/
  6. 6 a) The above link will allow you to register in advance for remote participation in the meeting via the Zoom platform. After registering, you will receive a confirmation email containing additional details about joining the meeting. b) To speak during a City Council meeting while attending remotely: while in the Zoom application, click on the icon labeled “Participants” at the bottom of the screen. Then select “RaiseHand” at the bottom of the Participants window. Your digital hand will now be raised. You will be asked to “unmute” when your name is called to speak. You will not be visible via video and there will be no opportunity to share your screen.
  7. 7 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:
  8. 8 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.
  9. 9 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/
  10. 10 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).
  11. 11 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.
  12. 12 VIEWING CITY COUNCIL MEETINGS (non-participatory) - For your convenience, there are several ways to view Fresno City Council meetings live:
  13. 13 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
  14. 14 Should any of the five 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 interpreters, or other reasonable accommodations such as language translation, should contact the office of the City Clerk at (559) 621-7650 or clerk@fresno.gov. 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.
  15. 15 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.
  16. 16 PAGE BREAK
  17. 17 9:04 A.M. ROLL CALL
  18. 18 Invocation by Bhai Sarbjit Singh Ji from the Fresno Sikh Institute
  19. 19 Pledge of Allegiance to the Flag
  20. 20 APPROVE AGENDA APPROVED AS AMENDED Pass
  21. 21 CEREMONIAL PRESENTATIONS
  22. 22 Presentation of the Central California American Planning Association’s 2024 Leadership and Service Award ID 24-805 PRESENTED
  23. 23 Fresno Animal Center presents “Pet of the Month” ID 24-868 PRESENTED
  24. 24 COUNCILMEMBER REPORTS AND COMMENTS
  25. 24 APPROVAL OF THE CONSENT CALENDAR APPROVED ON CONSENT CALENDAR Pass
  26. 25 MAYOR/MANAGER REPORTS AND COMMENTS
  27. 26 CITY CLERK AND CITY ATTORNEY REPORTS AND COMMENTS
  28. 1. SCHEDULED COUNCIL HEARINGS AND MATTERS
  29. 28 9:15 A.M.
  30. 29 HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding City of Fresno Community Facilities District Number 11, Annexation Number 149 (Final Tract Map Number 6392) (Located on the southwest corner of East Florence Avenue and South Walnut Avenue) (Council District 3) 1. ***RESOLUTION - to Annex Territory to Community Facilities District No. 11 and Authorizing the Levy of a Special Tax for Annexation No. 149 (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. 11, Annexation No. 149 (Subject to Mayor’s Veto) ID 24-828 ADOPTED Pass
  31. 30 9:20 A.M.
  32. 31 HEARING to consider the proposed Annual Assessment for the City of Fresno Landscaping and Lighting Maintenance District No. 1 (Citywide) 1. ***RESOLUTION - Confirming the diagram and assessment and levy of annual assessment, 2024-2025, for Landscaping and Lighting District No. 1 (Subject to Mayor’s Veto) ID 24-850 ADOPTED Pass
  33. 32 9:25 A.M.
  34. 33 HEARING to Consider an appeal regarding Cannabis Conditional Use Permit Application No. P23-03086 and related Environmental Assessment for property located at 4555 East Kings Canyon Road on the northeast corner of East Kings Canyon Road and South Jackson Avenue (Council District 5) - Planning and Development Department 1. ADOPT - Environmental Assessment No. P23-03086 dated November 9, 2023, a determination that the proposed project is exempt from the California Environmental Quality Act (CEQA) Guidelines through a Section 15301/Class 1 Categorical Exemption. 2. DENY the appeal and UPHOLD the action of the Planning and Development Department Director in the approval of Cannabis Conditional Use Permit Application No. P23-03086 authorizing the establishment of a cannabis retail business in an approximately 2,100 square foot existing commercial building, subject to the following: a. Development shall take place in accordance with the Conditions of Approval for Cannabis Conditional Use Permit Application No. P23-03086 dated January 9, 2024. ID 24-763 TABLED
  35. 34 9:30 A.M. 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
  36. 35 ***RESOLUTION- Declaring APNs 467-073-05T, -06T, -07T, -16T and 467-081-16T to be surplus and directing staff to comply with the Surplus Land Act (Subject to Mayor’s Veto). ID 24-883 ADOPTED Pass
  37. 36 11:30 A.M.
  38. 37 Presentation Honoring Raj Singh Badhesha for His Distinguished Service ID 24-886 PRESENTED
  39. 2. CONSENT CALENDAR
  40. 2.-A. Approval of City Council meeting minutes for the June 6, 2024, regular meeting / budget hearing, June 7, 2024, special meeting, June 12, 2024, budget hearing, June 12, 2024, special meeting and June 13, 2024 regular meeting. ID 24-871 ADOPTED Pass
  41. 2.-B. Approve the reappointments of Ron Sheppard, Rey Villarreal, Birdevinder Rickie Dhillon, and Chenier Derrick to the Disability Advisory Commission to terms ending June 30, 2026. Approve the reappointment of Kristi Lawrence to the Fresno Mosquito and Vector Control District to a term ending June 30, 2028. Approve the reappointment of Katie Botello to the Fresno/Clovis Community Media Authority to a term ending June 30, 2026. Approve the reappointment of Todd Cregar to the Civil Service Board to a term ending June 30, 2028. Approve the reappointments of Shannon McCulligh and Katie Wilbur to the Mobile Home Rent and Stabilization Commission to terms ending June 30, 2028. Approve the appointment of Gurdeep Shergill to the Planning Commission to a term ending June 30, 2028. Approve the appointment of Rose Caglia to the Parks, Recreation, and Arts Commission to a term ending July 1, 2028. ID 24-872 APPROVED Pass
  42. 2.-C. Actions pertaining to RFP 12401385 for Emergency Veterinary Services: 1. Approve a nineteen (19) month Service Agreement with 24/7 Pet Vets for an amount not to exceed $300,000 for emergency veterinary services. 2. Authorize the City Manager or designee to execute the Service Agreement and sign all related documents on behalf of the City. ID 24-844 ADOPTED Pass
  43. 2.-D. Actions pertaining to the Municipal Service Center Security Improvement project located at 2101 G Street (District 3): 1. Approve an agreement for Professional Engineering Services with PBK Architects, of Fresno, California, in the amount of $192,750 with a $5,000 contingency, for design services only in support of the Municipal Service Center Security project 2. Authorize the Director of General Services or designee to execute all related documents ID 24-852 ADOPTED Pass
  44. 2.-E. Approve the award of a cooperative purchase agreement to Quinn Company of Fresno, California, for the purchase of two Caterpillar 914M wheel loaders in the amount of $393,262 for the Department of Public Utilities, Solid Waste Management Division ID 24-698 ADOPTED Pass
  45. 2.-F. Actions pertaining to the 2023-2024 #CaliforniansForAll Youth Service Corps AB 540 Pilot Program. 1. Accept the 2023-2024 #CaliforniansForAll Youth Service Corps AB 540 Pilot Program Grant in the Amount of $750,000. 2. Authorize the City Manager or designee to execute the Grant Acceptance Agreement and related documents on behalf of the City, subject to approval as to form by the City Attorney. ID 24-901 ADOPTED Pass
  46. 2.-G. Approve a $300,000 Encampment Resolution Funding (ERF-2R) agreement with Fresno Housing Authority, for construction improvements at the Promesa Commons project. ID 24-614 ADOPTED Pass
  47. 2.-H. ***RESOLUTION - Authorizing the City to accept $20 million in U.S. Department of Housing and Urban Development (HUD) Section 108 Loan Guarantee funds for the development of a Senior Activity Center; and authorizing the City Manager or designee to sign all necessary implementing documents required by HUD (Subject to Mayor’s veto) ID 24-879 ADOPTED Pass
  48. 2.-I. Actions pertaining to a State and Local Fiscal Recovery Funds Grant Agreement between the City of Fresno and Central California Land Trust: 1. Adopt a finding of Categorical Exemption pursuant to Section 15301/Class 1 of the California Environmental Quality Act (CEQA) Guidelines; and 2. Approve a State and Local Fiscal Recovery Funds Grant Agreement in the amount of $800,000 with Central California Land Trust for the acquisition and rehabilitation of two single-family homes to be sold and preserved as affordable housing. ID 24-891 TABLED
  49. 2.-J. Actions pertaining to land use for Tiny Homes (Bid File 12303048): 1. Adopt a finding of an Affordable Housing Exemption in accordance with Section 15194 of the California Environmental Quality Act. 2. Approve an Agreement to provide up to 24 tiny homes to the Lowell Community Development Corporation to provide affordable housing to low income households at or below 60% of the area median income. ID 24-894 TABLED
  50. 49 PAGE BREAK
  51. 2.-K. Actions pertaining to the Fresno Police Department’s technology contract with Axon Enterprises, Inc. 1. Award a sole source contract with Axon Enterprise, Inc., hereinafter referred to as “Axon” in an amount not to exceed $18,368,264.68 for five years ($1,247,549.76 year one, $1,871,789.27 year two, $3,702,094.40 year three, $5,659,592.77 year four and $5,887,238.48 year five) for the purchase, maintenance and upgrade of 800 body-worn cameras and TASERS, unlimited video and data storage through Evidence.com, a computer aided dispatch system (CAD system), a records management system (RMS system) and multiple software programs to increase efficiency, transparency and accountability within the department. 2. ***RESOLUTION - Adopt a Resolution authorizing the establishment of a contract for the purchase and service of body-worn cameras, TASERS, RMS and CAD systems, data storage and other related software with Axon Enterprises, Inc. without advertised competitive bidding (Subject to Mayor’s Veto) ID 24-851 TABLED Pass
  52. 2.-L. Approve a three -year agreement, with the County of Fresno to reserve three dedicated bed spaces in the Fresno County Jail for the purpose of housing Fresno Police Department Arrestees, along with guards assigned to the inmates in the three beds that require any off-site medical attention to transport and accompany the inmate to the offsite medical facility, for a total amount not to exceed $560,000. (Years 1-3). ID 24-853 ADOPTED Pass
  53. 2.-M. Authorize the Chief of Police to enter into a 3-year with one (1) two-year extension agreement with Central Unified School District (CUSD) to provide six (6) police officers (Student Resource Officer) at .95 FTE each, one (1) sergeant at .20 FTE, seven (7) patrol vehicles and administrative fees totaling $3,596,382 for three years ($1,198,794 annually) to be housed at the high schools, alternative education high school, and middle schools. ID 24-855 ADOPTED Pass
  54. 2.-N. ***RESOLUTION - Approving an Acquisition Agreement between the City of Fresno, Fancher Creek Town Center, LLC, and Fancher Creek Properties, LLC for the Acquisition of Certain Public Improvements Being Constructed within the Fancher Creek Town Center Project. (Council District 5) (Subject to Mayor’s Veto) ID 24-867 ADOPTED Pass
  55. 2.-O. Actions pertaining to the City of Fresno Paving Bid Package at Various Locations (Bid File No. 12402606) (Council Districts 1, 3, 4, 5, 6 and 7): 1. Adopt a finding of Categorical Exemption per staff determination, pursuant to Sections 15301/Class 1, 15302/Class 2, and 15303/Class 4 of the California Environmental Quality Act (CEQA) Guidelines; 2. Approve the award of a construction contract in the amount of $7,358,665.00 to Cal Valley Construction Inc. of Fresno, California as the lowest responsive and responsible bidder. ID 24-803 ADOPTED Pass
  56. 2.-P. Actions pertaining to Final Map of Tract No. 6346; RESOLUTION - Approving the Final Map of Tract No. 6346, and accepting dedicated public uses offered therein except for dedications offered subject to City acceptance of developer installed required improvements - located on the northeast corner of North Fowler Avenue and East Princeton Avenue. (Council District 7) ID 24-817 ADOPTED Pass
  57. 2.-Q. Actions pertaining to Final Map of Tract No. 6250; RESOLUTION - Approving the Final Map of Tract No. 6250, and accepting dedicated public uses offered therein except for dedications offered subject to City acceptance of developer installed required improvements - located on the west side of North Portofino Drive between East Copper Avenue and North Alicante Drive. (Council District 6) ID 24-818 ADOPTED Pass
  58. 2.-R. Approve the Third Amendment to the Plan Review and Construction Management Services Agreement, in the amount of $4,100,000, with Tutor Perini/Zachary/Parsons, a Joint Venture, for a total increased contract amount of $7,700,000, and to extend the term of the agreement by thirty months to December 31, 2026. (Council Districts 1, 2, and 3) ID 24-822 ADOPTED Pass
  59. 2.-S. RESOLUTION - Of Intention to Annex Final Tract Map Number 6379 as Annexation Number 150 to the City of Fresno Community Facilities District Number 11 and to Authorize the Levy of Special Taxes; and setting the public hearing for Thursday, August 15, 2024, at 9:10 am. (Located on the northwest corner of East Florence Avenue and South Peach Avenue) (Council District 5) ID 24-831 ADOPTED Pass
  60. 2.-T. Actions pertaining to adopting a five-year plan for residential solid waste service charges in accordance with Proposition 218: 1. Adopt a finding that the proposed actions are exempt from environmental review under a statutory exemption to the California Environmental Quality Act (CEQA) for rates, tolls, fares, and charges (pursuant to Public Resources Code section 21080(b)(8) and CEQA Guidelines section 15273) 2. ***RESOLUTION - Adopting a Five-Year Rate Plan for Residential Solid Waste Service Charges in Accordance with California Constitution Article XIIID (Subject to Mayor’s Veto) 3. ***RESOLUTION - Adopting a Solid Waste Affordability Credit Program (Subject to Mayor’s Veto) 4. ***RESOLUTION - Adopting the 584th Amendment to the Master Fee Schedule Resolution No. 80-420 to adjust residential solid waste rates in the Solid Waste Rates Section (Subject to Mayor’s Veto) 5. ***RESOLUTION - Approving an interfund loan agreement between the Sewer System Rate Stabilization Connection Fee (CIP Reserve) Fund and the Solid Waste Management Division Solid Waste Operating Enterprise Fund in the amount of $5 million (Subject to Mayor’s Veto) ID 24-869 ADOPTED Pass
  61. 2.-U. Actions pertaining to the emergency repair of the South Fruit Avenue sewer trunk main (Council District 3): 1. Adopt Environment Assessment No. 5984-240627, dated June 27, 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; 2. ***RESOLUTION - Declaring an urgent necessity for the preservation of life, health, and property; and authorizing the City Manager or designee, to enter into agreements without advertised competitive bidding for the emergency repair of the South Fruit Avenue sewer trunk main. (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto) ID 24-873 ADOPTED Pass
  62. 2.-V. Actions pertaining to increasing contracting authority for Councilmembers, the City Manager, and the City Attorney: ***BILL-19 (Intro’d June 20, 2024) (For Adoption) - Amending Section 4-107 of the Fresno Municipal Code, relating to Contracts Not Requiring Competitive Bidding. (Subject to Mayor’s Veto) ID 24-893 ADOPTED Pass
  63. 2.-W. RESOLUTION - Amending the City Council Public Accessibility Act ID 24-895 ADOPTED Pass
  64. 63 CONTESTED CONSENT CALENDAR
  65. 3. GENERAL ADMINISTRATION
  66. 65 UNSCHEDULED COMMUNICATION
  67. 66 PLEASE NOTE: UNSCHEDULED COMMUNICATION IS NOT SCHEDULED FOR A SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING
  68. 4. CITY COUNCIL
  69. 5. CLOSED SESSION
  70. 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) ID 24-722 DISCUSSED
  71. 5.-B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Government Code Section 54956.9, subdivision (d)(4): 1 potential case ID 24-888 DISCUSSED
  72. 5.-C. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Government Code Section 54956.9, subdivision (d)(2): 1 potential case ID 24-900 DISCUSSED
  73. 72 ADJOURNMENT
  74. 73 The above minutes were approved by unanimous vote of the City Council during the June 25, 2024, regular meeting.
  75. 74 UPCOMING EMPLOYEE CEREMONIES
  76. 75 2024 CITY COUNCIL MEETING SCHEDULE