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June 13, 2024 ·9:00 AM Final-revised ·Regular Meeting

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

Agenda PDF Minutes PDF 📹 Watch video Official record ↗

Agenda — 75 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/council-meeting
  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 9:08 A.M. ROLL CALL
  18. 18 Invocation by Pastor Joe White from the Neighborhood Church
  19. 19 Pledge of Allegiance to the Flag
  20. 20 APPROVE AGENDA ADOPTED AS AMENDED Pass
  21. 21 CEREMONIAL PRESENTATIONS
  22. 22 Proclamation for “Chief Anthony Martinez Day” ID 24-715 PRESENTED
  23. 23 COUNCILMEMBER REPORTS AND COMMENTS
  24. 24 MAYOR/MANAGER REPORTS AND COMMENTS
  25. 25 CITY CLERK AND CITY ATTORNEY REPORTS AND COMMENTS
  26. 25 APPROVAL OF THE CONSENT CALENDAR APPROVED ON CONSENT CALENDAR Pass
  27. 1. SCHEDULED COUNCIL HEARINGS AND MATTERS
  28. 27 9:10 A.M #1 Joint Meeting of the Fresno Revitalization Corporation and City of Fresno in its Capacity as Housing Successor to the Redevelopment Agency
  29. 28 Receive Annual Report and Approve FY 24/25 Program Income Budget for the City of Fresno in its capacity as Housing Successor to the Redevelopment Agency of the City of Fresno ID 24-701 APPROVED Pass
  30. 29 9:10 A.M. #2
  31. 30 Actions pertaining to the fee title interest acquisition of a parcel to benefit the Blackstone McKinley BNSF Grade Separation Project (Council Districts 1 and 7): 1. HEARING to consider a Resolution of Necessity for acquisition of fee title interest of Assessor’s Parcel Number (APN) 446-232-39S, owned by Westfield Investments and Associates, LLC, for the construction of the Blackstone McKinley BNSF Grade Separation Project; 2. ***RESOLUTION - Determining that public interest and necessity require acquisition of fee interest for rights of way for public street purposes of APN 446-232-39S, owned by Westfield Investments and Associates, LLC, for the construction of the Blackstone McKinley BNSF Grade Separation Project and authorizing eminent domain proceedings for public use and purpose. (Requires 5 affirmative votes) (Subject to Mayor’s Veto) ID 24-749 APPROVED Pass
  32. 31 9:15 A.M.
  33. 32 Actions pertaining to the fee title interest acquisition of a parcel to benefit the Blackstone McKinley BNSF Grade Separation Project (Council Districts 1 and 7): 1. HEARING to consider a Resolution of Necessity for acquisition of fee title interest of Assessor’s Parcel Number (APN) 451-134-05, owned by Joseph E. Alanis, Trustee of the Joseph E. Alanis Revocable Trust dated April 8, 2009, for the construction of the Blackstone McKinley BNSF Grade Separation Project; 2. ***RESOLUTION - Determining that public interest and necessity require acquisition of fee interest for rights of way for public street purposes of APN 451-134-05, owned by Joseph E. Alanis, Trustee of the Joseph E. Alanis Revocable Trust dated April 8, 2009, for the construction of the Blackstone McKinley BNSF Grade Separation Project and authorizing eminent domain proceedings for public use and purpose. (Requires 5 affirmative votes) (Subject to Mayor’s Veto) ID 24-750 APPROVED Pass
  34. 33 9:20 A.M. #1
  35. 34 Actions pertaining to the fee interest title acquisition of a parcel to benefit the Blackstone McKinley BNSF Grade Separation Project (Council Districts 1 and 7): 1. HEARING to consider a Resolution of Necessity for acquisition of fee title interest of Assessor’s Parcel Number (APN) 451-141-22, owned by Gurpreet Singh Chauhan and Lakwinder Kaur, for the construction of the Blackstone McKinley BNSF Grade Separation Project; 2. ***RESOLUTION - Determining that public interest and necessity require acquisition of fee interest for rights of way for public street purposes of APN 451-141-22, owned by Gurpreet Singh Chauhan and Lakwinder Kaur, for the construction of the Blackstone McKinley BNSF Grade Separation Project and authorizing eminent domain proceedings for public use and purpose. (Requires 5 affirmative votes) (Subject to Mayor’s Veto) ID 24-751 APPROVED Pass
  36. 35 9:20 A.M. #2 (CONTINUED TO JUNE 20, 2024, AT 9:20 A.M.)
  37. 36 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 24-759 TABLED
  38. 37 9:25 A.M. (CONTINUED TO JUNE 27, 2024, AT 9:25 A.M.)
  39. 38 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 24-762 TABLED
  40. 2. CONSENT CALENDAR
  41. 2.-A. Approval of the minutes for June 3, 2024 budget hearing, June 4 2024 budget hearing, June 5, 2024 budget hearing, and June 6, 2024 budget and regular meeting. ID 24-798 TABLED
  42. 2.-B. Approval of a five-year License Agreement with Activated Events LLC, to produce and hold special event concerts (dba/ Boots in the Park) at Woodward Park (Council District 6). ID 24-802 ADOPTED Pass
  43. 2.-C. Actions related to the Non-Exclusive License Agreement to Conduct Commercial Aviation Ground Handling and Support Services with Unifi Aviation, LLC, a Delaware Limited Liability Company, at Fresno Yosemite International Airport. (Council District 4) 1. Adopt a finding of Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act Guidelines; and 2. Approve a Non-Exclusive License Agreement to Conduct Commercial Aviation Ground Handling and Support Services (License) with Unifi Aviation, LLC., a Delaware Limited Liability Company (Unifi), at Fresno Yosemite International Airport (FAT) for the Initial Term of three (3) years, with one (1) option to extend the Initial Term for an additional three (3) years for a total Extended Term of six (6) years. The amount of potential revenue generated by this License is approximately $249,984.50 annually, which represents the sum of eleven percent (11%) of Unifi’s monthly gross revenue from all its operations at FAT. Total anticipated revenue during the life of this License (including the Extended Term) is approximately $1,499,907.00. ID 24-753 ADOPTED Pass
  44. 2.-D. Approve a one-year Peer-to-Peer Vehicle Sharing Ground Transportation Permit with Turo Inc. Estimated revenue generated by this Permit is $80,000 per year. (Council District 4) ID 24-770 ADOPTED Pass
  45. 2.-E. Approve the First Amendment to the Non-Exclusive Transportation Network Company Airport Permit and Agreement between the City of Fresno and Lyft Inc., and Uber Technologies, Inc., respectively, to extend the term of their agreements for an additional three years. The potential revenue of both agreements for the additional years is $1,643,100. Total anticipated revenue during the full term of both agreements is approximately $2,788,311. (Council District 4) ID 24-780 ADOPTED Pass
  46. 2.-F. Approve a consultant services agreement with Ricondo & Associates, Inc., to provide professional services for the development and execution of a Request for Proposals (RFP) and agreement for on-airport non-exclusive rental car concessions at Fresno Yosemite International Airport in the amount of $67,620. (Council District 4) ID 24-781 ADOPTED Pass
  47. 2.-G. Approve a three-year software licenses, services, and support contract with GCR, Inc., dba Tadera, for the Airport Business & Revenue Management software in use by the Airports Department. Initial contract costs start at $60,000 per year, with a 5% increase at the beginning of each following Contract Year (Council District 4) ID 24-754 ADOPTED Pass
  48. 2.-H. Actions pertaining to RFP 12401385 for Emergency Veterinary Services: 1. Approve a nineteen (19) month Professional Services Agreement with 24/7 Pet Vets for an amount not to exceed $400,000 for emergency veterinary services. 2. Authorize the City Manager or designee to execute the Professional Services Agreement and sign all related documents on behalf of the City. ID 24-764 TABLED
  49. 2.-I. Actions pertaining to the Replacement of Fiber Optic Cabling at the Fresno-Clovis Regional Wastewater Reclamation Facility Project (Bid File 12401875) (Council District 3): 1. Adopt a finding of Categorical Exemption per staff’s determination, pursuant to Sections 15301/Class 1 and 15302/Class 2 of the California Environmental Quality Act Guidelines for the Replacement of Fiber Optic Cabling at the Fresno-Clovis Regional Wastewater Reclamation Facility Project. 2. Award a construction contract in the amount of $217,286.89 to GA Technical Services, Inc., of Glendora, California, as the lowest responsive and responsible bidder for the Replacement of Fiber Optic Cabling at the Fresno-Clovis Regional Wastewater Reclamation Facility Project. ID 24-726 ADOPTED Pass
  50. 2.-J. Approve a Fourth Amendment to the Consultant Service Agreement with SWCA Environmental Consultants of San Luis Obispo, California in the amount of $8,554 to provide additional environmental and technical memoranda services for the Ashlan Avenue Widening Project from Polk Avenue to Cornelia Avenue, for a total contract value of $95,888 with no contingency remaining (Council District 1). ID 24-747 ADOPTED Pass
  51. 2.-K. Actions pertaining to the Downtown Redevelopment Grant Water and Sewer Improvements Project (Bid File 12402356) (Council District 3): 1. Adopt a finding of Categorical Exemption per staff’s determination pursuant to Section 15301/Class 1 (Existing Facilities) and 15302/Class 2 (Replacement or Reconstruction) of the California Environmental Quality Act Guidelines for the Downtown Redevelopment Grant Water and Sewer Improvements Project. 2. ***RESOLUTION - Adopting the 57th Amendment to the Annual Appropriation Resolution (AAR) No. 2023-185 appropriating $455,400 for the Downtown Redevelopment Grant Water and Sewer Improvements Project. (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto) 3. Award a construction contract in the amount of $18,784,925.50, for the Base Bid plus all three (3) Add Alternates, with Floyd Johnston Construction Co. Inc. of Clovis, California as the lowest responsive and responsible bidder for the Downtown Redevelopment Grant Water and Sewer Improvements Project. ID 24-746 ADOPTED Pass
  52. 2.-L. Approve Phase One of a Progressive Design-Build Contract with Swinerton Builders Inc., of Fresno, California, in an amount not to exceed $601,521.00, for the design support services for the Parking Garage Automation and Video Surveillance Project. (Council District 3) ID 24-638 ADOPTED Pass
  53. 2.-M. 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 24-801 TABLED
  54. 2.-N. Actions pertaining to Final Map of Tract No. 6370 RESOLUTION - Approving the Final Map of Tract No. 6370, 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 Chestnut Avenue between East Shepherd Avenue and East Teague Avenue (Council District 6). ID 24-804 ADOPTED Pass
  55. 2.-O. Actions pertaining to American Rescue Plan Act (ARPA) funding: 1. Approve an agreement with Fresno Chamber of Commerce allocating $100,000 in ARPA funding to implement the Small Business Security Camera Rebate program. ID 24-733 ADOPTED Pass
  56. 2.-P. BILL (for Introduction) - 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 ID 24-756 ADOPTED Pass
  57. 2.-Q. RESOLUTION - Declaring the official intent to use proceeds of future indebtedness to reimburse the City for certain expenditures related to the construction of the new Fire Station #12 (Requires 5 Affirmative Votes). ID 24-795 ADOPTED Pass
  58. 2.-R. BILL (For Introduction) to Amend a portion of Article 5 of Chapter 10 of the Fresno Municipal Code relating to Fire and Life Safety Regulations. ID 24-723 ADOPTED Pass
  59. 2.-S. Approve the Fourth Amendment to the City of Fresno (City) Flexible Benefits Plan (Plan), to reflect changes in certain provisions of the Internal Revenue Service Code Section 125, Cafeteria Plan - Health Flexible Spending Arrangements to increase the maximum carryover amount and increase the contribution limitation and set minimum carryover limit amount. Also, authorize the City Manager or designee to execute all related Plan amendments. ID 24-672 ADOPTED Pass
  60. 2.-T. *** RESOLUTION - To provide a temporary moratorium on the issuance of new unaltered dog licenses (Subject To Mayor’s Veto). ID 24-824 APPROVED Pass
  61. 2.-U. Approve a First Amendment to the Affordable Housing Agreement between the City of Fresno and Corporation for Better Housing to modify the number of affordable units at the Senior Affordable Rental Housing Project located at 4323-4333 North Blackstone Avenue ID 24-823 ADOPTED Pass
  62. 2.-V. Bill (for Introduction) - Adding Article 24 to Chapter 10 of the Fresno Municipal Code, relating to removing squatters from short-term rentals and hotels. ID 24-808 TABLED
  63. 62 CONTESTED CONSENT CALENDAR
  64. 3. GENERAL ADMINISTRATION
  65. 64 UNSCHEDULED COMMUNICATION
  66. 65 PLEASE NOTE: UNSCHEDULED COMMUNICATION IS NOT SCHEDULED FOR A SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING
  67. 4. CITY COUNCIL
  68. 5. CLOSED SESSION
  69. 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 24-720 DISCUSSED
  70. 5.-B. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Joshua Spengeman v. City of Fresno; Fresno Superior Court Case No.: 22CECG02760 ID 24-725 DISCUSSED
  71. 5.-C. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Government Code Section 54956.9, subdivision (d)(2): 1 potential case. ID 24-837 DISCUSSED
  72. 71 ADJOURNMENT
  73. 72 The above minutes were approved by unanimous vote of the City Council during the June 27, 2024, regular meeting.
  74. 73 UPCOMING EMPLOYEE CEREMONIES
  75. 74 2024 CITY COUNCIL MEETING SCHEDULE