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June 20, 2024 ·9:00 AM Final ·Regular Meeting - Vote on Final Budget

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

Agenda PDF Minutes PDF 📹 Watch video Official record ↗

Agenda — 91 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 9:04A.M. ROLL CALL
  18. 18 Invocation Rev. Fr. James C. Pappas from St. George Greek Orthodox Church
  19. 19 Pledge of Allegiance to the Flag
  20. 20 APPROVE AGENDA ADOPTED AS AMENDED Pass
  21. 21 CEREMONIAL PRESENTATIONS
  22. 22 COUNCILMEMBER REPORTS AND COMMENTS
  23. 23 MAYOR/MANAGER REPORTS AND COMMENTS
  24. 24 CITY CLERK AND CITY ATTORNEY REPORTS AND COMMENTS
  25. 1. SCHEDULED COUNCIL HEARINGS AND MATTERS
  26. 26 9:00 A.M. RESUMED BUDGET HEARINGS - VOTE ON FINAL BUDGET ADOPTED Pass
  27. A. ***RESOLUTION - Adopt the FY 2025 Salary Resolution. (Subject to Mayor’s veto) ID 24-809 ADOPTED
  28. 27 APPROVAL OF THE CONSENT CALENDAR APPROVED ON CONSENT CALENDAR Pass
  29. B. ***RESOLUTION - Adopt the FY 2025 Position Authorization Resolution. (Subject to Mayor’s veto) ID 24-814 ADOPTED
  30. C. ***RESOLUTION - Adopt the FY 2025 Annual Appropriation Resolution. (Subject to Mayor’s veto) ID 24-833 ADOPTED
  31. D. ***RESOLUTION - FY 2025 GANN Appropriation Limit Resolution. (Subject to Mayor’s veto) ID 24-832 ADOPTED
  32. E. ***RESOLUTION - To Adopt an Investment Policy for Public Funds for Fiscal Year 2024-2025 (Subject to Mayor’s veto) ID 24-834 ADOPTED
  33. F. ***BILL - (For introduction and adoption) - Adoption of Property Tax Override Ordinance (Subject to Mayor’s veto) ID 24-813 ADOPTED
  34. 33 9:20 A.M. (CONTINUED TO JULY 25, 2024 AT 9:20 A.M.)
  35. 34 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 24-761 TABLED
  36. 35 9:30 A.M. #1 Joint Meeting of the City Council, City of Fresno in its Capacity as Housing Successor to the Redevelopment Agency and the Fresno Revitalization Corporation
  37. 36 Approve a First Amendment to the Disposition and Development Agreement between the City of Fresno in its capacity as Housing Successor and Fresno Housing Authority for Heritage Estates located at the southeast corner of East Florence and Plumas Avenues. ID 24-849 APPROVED Pass
  38. 37 9:30 A.M. #2 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
  39. 38 Actions pertaining to the affordable housing development project located South of E. Ventura Street between S. Seventh Street and S. Eighth Street (Council District 5): 1. ***RESOLUTION - In support of a contribution of City funds in an amount not to exceed $5,000,000 for eligible expenses associated with the affordable housing development project located on Ventura between Seventh and Eighth Street. (Subject to Mayor’s Veto) ID 24-796 ADOPTED Pass
  40. 39 5:00 P.M.
  41. 40 Actions pertaining to adopting a five-year plan for residential solid waste service charges in accordance with Proposition 218: 1. HEARING on Proposed Increases to Residential Solid Waste Service Charges in accordance with Proposition 218 2. BILL (for introduction) - Adopting a Five-Year Rate Plan for Residential Solid Waste Service Charges in Accordance with California Constitution Article XIIID ID 24-577 APPROVED
  42. 2. CONSENT CALENDAR
  43. 2.-A. Approval of the minutes for June 3, 2024, budget hearing, June 4 2024, budget hearing, June 5, 2024, budget hearing, June 6, 2024, budget and regular meeting and the June 13, 2024, regular meeting. ID 24-845 ADOPTED Pass
  44. 2.-B. Approve an Amendment to a Consultant Services Agreement with Campbell Strategy/Advocacy, to extend the Agreement to June 30, 2025, at a continued rate of $15,000 monthly, or $180,000 annually, for Professional Lobbying and Consulting Services. ID 24-826 ADOPTED Pass
  45. 2.-C. Actions pertaining to the Santa Fe Depot Exterior Americans with Disability Act (ADA) Upgrades project located at 2650 Tulare Street: 1. Adopt Environment Assessment No. SFD0700, dated June 20, 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. 2. Approve a Consultant Services Agreement for Professional Engineering Services with Provost and Pritchard Engineering Group, Inc, of Fresno, California, in the amount of $132,500 with a $15,000 contingency, for design, preparation of construction documents, and construction support services for the Santa Fe Depot Phase I Exterior ADA Upgrades project. 3. Authorize the Director of General Services or designee to execute all related documents. ID 24-783 ADOPTED Pass
  46. 2.-D. Actions pertaining to the purchase of maintenance, support and subscription services for Cisco equipment: 1. 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. Approve a maintenance agreement for networking equipment with AMS.NET, Inc., in the amount of $3,311,067.03 purchased through the Merced County FOCUS Agreement (Contract #2021092). ID 24-806 ADOPTED Pass
  47. 2.-E. Actions pertaining to the Kid’s Crossing Traffic Signal Improvements Project at Amador and Trinity and Church and Waldby Avenues - Bid File 12401496 (Council Districts 3 and 5): 1. Adopt a finding of Categorical Exemption per staff’s determination pursuant to Section 15301/Class 1 of the California Environmental Quality Act (CEQA) Guidelines; 2. Award a construction contract in the amount of $1,599,935 to Avison Construction, Inc., of Madera, California. ID 24-788 ADOPTED Pass
  48. 47 PAGE BREAK
  49. 2.-F. Approve Contract Change Order No. 01 in the amount of $567,390 for the installation of PG&E Rule 16 with Avison Construction Co., Inc. for the TCC Park at MLK Magnet Core Project - Project ID PW00857. (Bid File 12302905) (Council District 3) ID 24-779 ADOPTED Pass
  50. 2.-G. Approval of revised State Route 180 Freeway Maintenance Agreement with State of California Department of Transportation (Caltrans). (Council Districts 3, 5, and 7) ID 24-825 ADOPTED Pass
  51. 2.-H. RESOLUTION - of Consideration to change types of services, rate and method of apportionment of the special tax and establishing a new maximum special tax for Final Tract Map Number 6410, Annexation Number 37, of the City of Fresno Community Facilities District Number 11. (Located on the northeast corner of East Church Avenue and South Peach Avenue) (Council District 5) ID 24-810 ADOPTED Pass
  52. 2.-I. Actions pertaining to the summary vacation of a portion of East Madison Avenue, between North Fulton Avenue and North Van Ness Avenue (Council District 3): 1. Adopt a finding of Categorical Exemption per staff determination, pursuant to Section 15194 of the California Environmental Quality Act (CEQA) Guidelines, Environmental Assessment Number P23-04237; 2. RESOLUTION - Ordering the summary vacation of a portion of East Madison Avenue, between North Fulton Avenue and North Van Ness Avenue. ID 24-842 ADOPTED Pass
  53. 2.-J. RESOLUTION - Adopting a list of proposed Public Works projects to receive Senate Bill 1 (SB 1) Road Maintenance and Rehabilitation Account funding for City Fiscal Year 2025. ID 24-866 ADOPTED Pass
  54. 53 PAGE BREAK
  55. 2.-K. Actions pertaining to the cleaning of Digester #2 and cleaning and rehabilitation of Digester #9 at the Fresno-Clovis Regional Wastewater Reclamation Facility (Bid File 12401763) (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 F.D. Thomas, of Central Point, Oregon, in the amount of $1,135,915. ID 24-811 ADOPTED Pass
  56. 2.-L. Reject the Sole Bid received for the Sewer Rehabilitation in area bound by Ashlan, Millbrook, Gettysburg, and Cedar Avenues. (Bid File 12402299) (Council District 4) ID 24-800 ADOPTED Pass
  57. 2.-M. RESOLUTION - Authorizing the Director of Public Utilities, or designee(s), to prepare and submit financial assistance applications to the California State Water Resources Control Board on behalf of the City of Fresno for the planning, design, and construction of the Sidestream Treatment System at the Fresno-Clovis Regional Wastewater Reclamation Facility. (Citywide, District 3) ID 24-807 ADOPTED Pass
  58. 2.-N. Reject the Sole Bid received for the fiber connection from the Regional Wastewater Reclamation Facility to the City Hall Data Center and direct staff to repackage the project to allow for a more competitive bid outreach to increase local competition (Bid File 12400209) (Council District 3). ID 24-799 ADOPTED Pass
  59. 2.-O. Actions Pertaining to the Bureau of Justice Assistance (BJA) Byrne Discretionary Grant: 1. Approving a grant subrecipient agreement (Agreement) with the Fresno Economic Opportunities Commission (EOC) to provide reimbursement for mental health services for Advance Peace Fellows and violence impacted individuals in amount not to exceed $270,000. 2. Authorizing the City Manager or Designee to execute the Agreement on behalf of the City of Fresno. ID 24-765 TABLED Pass
  60. 2.-P. Actions Pertaining to a Grant Agreement with the African American Historical and Cultural Museum of the San Joaquin Valley (AAHCMSJV) for Interior and Exterior Deferred Maintenance Facility Projects (District 3): 1. Approve the Grant award of $200,000 to AAHCMSJV for interior and exterior deferred maintenance facility projects. 2. Authorize the City Manager or designee to execute the Grant Agreement and sign all related documents on behalf of the City. ID 24-784 ADOPTED Pass
  61. 2.-Q. Actions pertaining to the award of three Requirements Contracts for acute/non-acute sexual assault examination services for suspects and victims for three years plus two optional one-year extensions to: (1) Central Valley Forensic Specialists (CVFS) of Hanford, California in an amount not to exceed $683,700 plus annual CPI increases; (2) Community Regional Medical Center (CRMC) of Fresno, California in an amount not to exceed $450,000 plus annual CPI increases; and (3) Valley Children’s Hospital (VCH) of Madera, California in an amount not to exceed $550,000 plus annual CPI increases (Bid File 12400160). ID 24-812 ADOPTED Pass
  62. 2.-R. ***RESOLUTION - Authorizing the acceptance of grant funding from the United States Department of Housing and Urban Development Economic Development Initiative, Community Project Funding in the amount of $1,000,000 for Fresno’s Tiny Homes Housing Solutions Project (Subject to Mayor’s Veto) ID 24-760 ADOPTED Pass
  63. 62 PAGE BREAK
  64. 2.-S. Approve the Third Amendment to the HOME Investment Partnerships Program (HOME) agreement between the City of Fresno and the Housing Authority of Fresno (Housing Authority) to extend the term of the agreement through June 30, 2025. ID 24-797 ADOPTED Pass
  65. 2.-T. *** RESOLUTION - To support FCTC Family II, LP’s Low-Income Housing Tax Credit Application for the development of Sarah’s Court Phase II and to provide a conditional commitment of HOME Investment Partnerships Program loan funds in an amount not to exceed $3 million to the Project (Subject to Mayor’s veto) ID 24-778 ADOPTED Pass
  66. 2.-U. ***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 24-794 TABLED
  67. 2.-V. Actions pertaining to a Grant Agreement funded by Encampment Resolution Funding (ERF-2R) between City of Fresno and Divisadero Prime LLC: 1. Adopt a finding of Categorical Exemption, pursuant to Section 15332 of the California Environmental Quality Act (CEQA) Guidelines, Environmental Assessment Number P24-01882 for construction of an affordable multifamily residence; and 2. Approve a $1,000,000 Encampment Resolution Funding (ERF) grant agreement with Divisadero Prime, LLC for the construction of 20 affordable housing units for those experiencing homelessness ID 24-793 ADOPTED Pass
  68. 67 PAGE BREAK
  69. 2.-W. Actions pertaining to the Travel Inn Affordable Housing Development located at 1444 West White Avenue, Fresno, California (Council District 3): 1. ***RESOLUTION - Adopt a Resolution in support of a City contribution of funds in the amount of $6,000,000 for rehabilitation expenses associated with the Travel Inn Affordable Housing Development (Subject to Mayor’s veto) ID 24-791 ADOPTED Pass
  70. 2.-X. Approve a First Amendment to the Permanent Local Housing Allocation (PLHA) Agreement with Housing Authority of the City of Fresno in the amount of $3,000,000 for the pre-development and construction of the Heritage Estates homeownership development project located at East Florence Avenue and South Plumas Street in Southwest Fresno, California (District 3) ID 24-790 ADOPTED Pass
  71. 2.-Y. Approve a revised Regulatory Agreement and Declaration of Restrictive Covenants between the City of Fresno and Valley Teen Ranch and for the benefit as a third-party beneficiary the State of California Department of Housing and Community Development for the Homekey 3 Welcome Home project located at 6507 North Polk Avenue, Fresno, California (District 2) ID 24-789 ADOPTED Pass
  72. 2.-Z. 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 24-555 TABLED
  73. 2.-AA. 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 24-450 TABLED
  74. 2.-BB. ***BILL-15 - (Intro’d June 13, 2024) (For Adoption) - Repealing Section 7-1221, Section 7-1222, Section 7-1237, and Section 7-1238, and Amending Section 7-1233 of the Fresno Municipal Code, Relating to Outdated Provisions Concerning Various Business License Fees (Subject to Mayor’s Veto). ID 24-860 ADOPTED Pass
  75. 2.-CC. ***BILL-16 (Intro’d June 13, 2024) (For Adoption) to Amend a portion of Article 5 of Chapter 10 of the Fresno Municipal Code relating to Fire and Life Safety Regulations. (Subject to Mayor’s Veto). ID 24-861 ADOPTED Pass
  76. 2.-DD. Approve the reciprocal agreement for mutual assistance for public transportation services known as the California Transit Mutual Assistance Compact at no present monetary consideration. ID 24-734 ADOPTED Pass
  77. 2.-EE. *** RESOLUTION - To provide a temporary moratorium on the issuance of new unaltered dog licenses (Subject To Mayor’s Veto). ID 24-862 ADOPTED Pass
  78. 2.-FF. Actions pertaining to increasing contracting authority for Councilmembers, the City Manager, and the City Attorney: 1. ***RESOLUTION - Delegating contracting authority to individual Councilmembers for contract funded with Council District funds and rescinding and replacing Resolution 2017-67 (Subject to Mayor’s Veto). 2. ***RESOLUTION - Delegating contracting authority to the City Attorney to enter into Code Enforcement Contracts of $100,000 or less and rescinding and replacing Resolution 2019-179 (Subject to Mayor’s Veto). 3. BILL - (For Introduction) Amending Section 4-107 of the Fresno Municipal Code, relating to Contracts Not Requiring Competitive Bidding ID 24-856 ADOPTED Pass
  79. 2.-GG. RESOLUTION - Amending Rule 10 of the Council Rules of Procedure Relating to Public Comment and Signs in Council Chambers ID 24-863 ADOPTED Pass
  80. 79 CONTESTED CONSENT CALENDAR
  81. 3. GENERAL ADMINISTRATION
  82. 81 UNSCHEDULED COMMUNICATION
  83. 82 PLEASE NOTE: UNSCHEDULED COMMUNICATION IS NOT SCHEDULED FOR A SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING
  84. 4. CITY COUNCIL
  85. 5. CLOSED SESSION
  86. 5.-A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Government Code Section 54956.9, subdivision (d)(2): 1 potential case ID 24-854 DISCUSSED
  87. 5.-B. 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 24-721 DISCUSSED
  88. 87 ADJOURNMENT
  89. 88 The above minutes were approved by unanimous vote of the City Council during the June 25, 2024, regular meeting.
  90. 89 UPCOMING EMPLOYEE CEREMONIES
  91. 90 2024 CITY COUNCIL MEETING SCHEDULE