docketcity.com
Home › Fresno › Meetings

City Council

May 2, 2024 ·9:00 AM Final ·Regular Meeting

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

Agenda PDF Minutes PDF 📹 Watch video Official record ↗

Agenda — 89 items

  1. 1 THE FRESNO CITY COUNCIL WELCOMES YOU TO CITY COUNCIL CHAMBER, LOCATED IN CITY HALL, 2ND FLOOR, 2600 FRESNO STREET, FRESNO, CALIFORNIA 93721.
  2. 1 The City Council met in regular session in the Council Chamber, City Hall, on the date and time above written.
  3. 2 PUBLIC PARTICIPATION – Public participation during Fresno City Council meetings is always encouraged and can occur in one of the two following ways:
  4. 3 1) Participate In Person: Council Chambers, City Hall, 2nd Floor, 2600 Fresno Street, Fresno, CA 93721
  5. 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.
  6. 5 2) Participate Remotely via Zoom: https://www.fresno.gov/council-meeting/
  7. 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.
  8. 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:
  9. 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.
  10. 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/
  11. 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).
  12. 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.
  13. 12 VIEWING CITY COUNCIL MEETINGS (non-participatory) - For your convenience, there are several ways to view Fresno City Council meetings live:
  14. 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
  15. 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.
  16. 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.
  17. 16 PAGE BREAK
  18. 17 9:15 A.M. ROLL CALL
  19. 18 Invocation by Tribal Elder Audrey Yo-Wis-Nuth Osborne from Choinumni Yokuts
  20. 19 Pledge of Allegiance to the Flag
  21. 20 APPROVE AGENDA ADOPTED AS AMENDED Pass
  22. 21 CEREMONIAL PRESENTATIONS
  23. 22 Proclamation of “Terry Cox Day” ID 24-552 PRESENTED
  24. 23 Proclamation for “Sam Frank Day” ID 24-610 PRESENTED
  25. 24 Proclamation for “International Workers Day” ID 24-509 PRESENTED
  26. 25 Proclamation for "May 2024 as Missing and Murdered Indigenous Peoples Month." ID 24-256 PRESENTED
  27. 26 Proclamation for “National Police Week” and “Peace Officers Memorial Day” ID 24-320 PRESENTED
  28. 27 Proclamation for "Asian American and Pacific Islander Heritage Month" ID 24-396 PRESENTED
  29. 28 Proclamation for “Historic Preservation Month” ID 24-535 PRESENTED
  30. 29 PAGE BREAK
  31. 30 COUNCILMEMBER REPORTS AND COMMENTS DISCUSSED
  32. 31 MAYOR/MANAGER REPORTS AND COMMENTS
  33. 32 CITY CLERK AND CITY ATTORNEY REPORTS AND COMMENTS
  34. 1. SCHEDULED COUNCIL HEARINGS AND MATTERS
  35. 33 APPROVAL OF THE CONSENT CALENDAR APPROVED ON CONSENT CALENDAR Pass
  36. 34 9:15 A.M.
  37. 35 HEARING for Consideration of Text Amendment Application No. P23-01018 and related Environmental Finding for Environmental Assessment No. P23-01018, amending Section 15-2009 of the Fresno Municipal Code, relating to locations where razor wire fencing is permitted. 1. ADOPTION of a finding set forth in Environmental Assessment No. P23-01018, that Text Amendment Application No. P23-01018 is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303/Class 3 of the CEQA Guidelines. 2. BILL (for introduction) amending Chapter 15 of the Fresno Municipal Code, Section 15-2009, relating to the locations where razor wire fencing is permitted. ID 24-529 TABLED
  38. 36 9:20 A.M.
  39. 37 Consideration of an appeal related to Zoning Inquiry No. P23-02357 for Bauer’s Towing located on approximately 0.71 acres between West Voorman and West Nielsen Avenues, west of North Thorne Avenue in Fresno, California (Council District 3) - Planning and Development Department. 1. DENY the appeal and UPHOLD the determination that Bauer’s Towing is not in conformance with Policy and Procedure No. C-002 as reflected in the Zoning Inquiry response dated September 26, 2023, as prepared by the Planning and Development Department Director; and 2. Deny the appeal and UPHOLD the determination in the Zoning Inquiry response dated September 26, 2023, that Bauer’s Towing is a legal non-conforming use and, absent any expansion and/or change in use, could continue to operate indefinitely. ID 24-424 TABLED
  40. 38 9:30 A.M.
  41. 39 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 57 (territory known as Assessor’s Parcel Number 329-090-19) (Southwest corner of East North Avenue and South East Avenue) (Council District 3) 1. ***RESOLUTION - to Annex Territory to Community Facilities District No. 9 and Authorizing the Levy of a Special Tax for Annexation No. 57 (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. 57 (Subject to Mayor’s Veto) ID 24-522 ADOPTED Pass
  42. 40 9:35 A.M.
  43. 41 Appearance by Jorge Zavala to discuss Damages and misappropriation for disadvantages for businesses enterprise and city violations (District 4 Resident) ID 24-584 DISCUSSED
  44. 42 9:40 A.M. JOINT MEETING OF THE CITY COUNCIL, THE CITY OF FRESNO IN ITS CAPACITY AS HOUSING SUCCESSOR TO THE REDEVELOPMENT AGENCY OF THE CITY OF FRESNO, AND FRESNO REVITALIZATION CORPORATION
  45. 43 Actions pertaining to property located at 887 Fulton Street (APN 468-282-21T) (Berkeley Building): 1. Adopt a finding of Categorical Exemption pursuant to Section 15332 (Infill) of the California Environmental Quality Act (CEQA) Guidelines 2. ***RESOLUTION - Finding substantial community benefits to justify a sales price less than fair market value and finding good cause and clear and convincing benefit to the public to allow close of escrow on the property to extend beyond 12 months of Council approval pursuant to Fresno Municipal Code Section 4-204 relating to the disposition of real property commonly known as 887 Fulton Street (Subject to Mayor’s veto) (Requires 5 affirmative votes) 3. Approve a Disposition and Development Agreement between the City in its capacity as Housing Successor and the Fresno Area Hispanic Foundation, a California non-profit corporation ID 24-598 ADOPTED Pass
  46. 44 10:00 A.M. (RESCHEDULED TO MAY 23, 2024, AT 10:00 A.M.)
  47. 45 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 24-578 TABLED
  48. 46 PAGE BREAK
  49. 47 5:00 P.M. (RE-NOTICED AND RESCHEDULED TO JUNE 20, 2024 AT 5:00 P.M.)
  50. 48 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 TABLED
  51. 2. CONSENT CALENDAR
  52. 2.-A. Approval of the minutes for April 18, 2024, regular meeting ID 24-585 ADOPTED Pass
  53. 2.-B. Approve the appointment of Linda Calandra to the Planning Commission to a term ending June 30, 2027. ID 24-571 APPROVED Pass
  54. 2.-C. Actions pertaining to a Transportation Art Project Maintenance Agreement at San Pablo Park (District 3): 1. Approve the Transportation Art Project Maintenance Agreement between the City of Fresno and Caltrans as part of the State of California’s Clean California Local Grant Program. 2. Authorize the City Manager or Designee to execute the agreement on behalf of the City of Fresno. ID 24-494 APPROVED Pass
  55. 2.-D. Actions pertaining to acceptance of grant funding from Fresno Unified School District (FUSD): 1. Approve a one-year agreement between the City of Fresno (City) and FUSD to conduct Sports, Play, Active Recreation for Kids (SPARK) curriculum at up to twenty-nine (29) school sites from August 2024 through June 2025. 2. Authorize the City Manager to execute the Independent Services Agreement and any amendments in an amount not to exceed $ 850,000. ID 24-574 ADOPTED Pass
  56. 54 PAGE BREAK
  57. 2.-E. Approve a First Amendment to the Service Agreement with Housing Authority of the City of Fresno for operation of Journey Home emergency shelter extending the contract term to June 30, 2025, and increasing funding by $2,030,822.77 in Homeless Housing, Assistance, and Prevention funds (HHAP) for a total award of $4,230,897.77. ID 24-485 ADOPTED Pass
  58. 2.-F. Approve the award of a Services Agreement to ARC Document Solutions, Inc. of San Ramon, California to provide document imaging and indexing in an amount of $28,390 with a contingency not to exceed $10,000 (Bid File 12401718) ID 24-407 ADOPTED Pass
  59. 2.-G. Approve actions pertaining to the Blythe Village Project to be located at 3572 N. Blythe Avenue in west central Fresno (District 1). 1. Adopt a finding of Categorical Exemption per staff’s determination, pursuant to Section 15332/Class32 (Infill Development); and 2. Approve a Community Development Block Grant Program Agreement in the amount of $400,000 with Blythe Village, LP for the acquisition of the Blythe Village site for the subsequent development of a 67-unit manufactured rental housing property; and 3. Approve a HOME Investment Partnerships Program Agreement in the amount of $1,800,000 with Blythe Village, LP for hard construction costs of the project; and 4. ***Resolution - Proposing to provide Blythe Village, LP, a limited partnership, with a financial commitment to the Blythe Village Project in an amount not to exceed $800,000 (Subject to Mayor’s Veto). ID 24-319 ADOPTED Pass
  60. 2.-H. Approve a Consultant Services Agreement through July 31, 2025 in the amount of $144,337.50 with Mosaic Community Planning, LLC for consulting services for the 2025-2029 Consolidated Plan for Housing and Community Development and the 2025 Analysis of Impediments. ID 24-528 ADOPTED Pass
  61. 2.-I. Approve First Amendment to Consultant Services Agreement with SWCA Environmental Consultant for environmental consulting services for the Community Development Division’s U.S. Department of Housing and Urban Development-funded projects, programs, and activities. The Amendment extends the Agreement from July 1, 2024, to July 1, 2025. ID 24-566 ADOPTED Pass
  62. 2.-J. Approve a 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 regarding the Homekey 3 Welcome Home project located at 6507 North Polk Avenue (District 2). ID 24-545 ADOPTED Pass
  63. 2.-K. Actions pertaining to the Blackstone McKinley BNSF Grade Separation Project (Council Districts 1 and 7): 1. Approve the Agreement for Purchase and Sale of Real Property and Escrow Instructions to acquire fee interest of a 0.11-acre (4,800 square feet) parcel improved with a single-family residence located at 1599 North Calaveras Street (Assessor’s Parcel Number (APN) 451-063-02), owned by Edward D. Fanucchi and Mariangela Tosto, in the amount of $525,000; 2. Approve the Agreement for Purchase and Sale of Real Property and Escrow Instructions to acquire fee interest of a 0.115-acre (5,000 square feet) parcel improved with a single-family residence located at 1598 North Glenn Avenue (APN 451-063-01), owned by Edward D. Fanucchi, in the amount of $340,000; 3. Approve the Agreement for Purchase and Sale of Real Property and Escrow Instructions to acquire fee interest of a 0.115-acre (5,000 square feet) parcel improved with a single-family residence located at 1592 North Glenn Avenue (APN 451-063-30), owned by Allan Foglio Jr. and Jennifer Foglio, in the amount of $225,000. ID 24-523 ADOPTED Pass
  64. 2.-L. Actions pertaining to the Upgrade Reclamation Well Power Poles 15KV Line Separation at the Fresno-Clovis Regional Wastewater Reclamation Facility Project (Bid File 12401459) (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; 2. Award a construction contract in the amount of $181,818.50 to A-C Electric Company, of Bakersfield, California, as the lowest responsive and responsible bidder. ID 24-532 ADOPTED Pass
  65. 2.-M. Approve the Second Amendment to the Professional Architectural Services Agreement with Temple-Andersen-Moore-Architects, LLP, of Fresno, California, in the amount of $8,500, increasing the total contract amount to $206,380, with an additional contingency amount not to exceed $50,000 due to increased scope of services for the Paul “Cap” Caprioglio Community Center Remodel Project. (Council District 4) ID 24-527 ADOPTED Pass
  66. 2.-N. Actions pertaining to the Broadway Parque (formerly known as South Tower Park) Project, Bid File 12401868 (Council District 3): 1. Adopt a finding of a Categorical Exemption per staff’s determination, pursuant to Sections 15332/Class 32 and 15304/Class 4 of the California Environmental Quality Act (CEQA) Guidelines, Environmental Assessment No. PC00204, for the Broadway Parque Project; 2. Approve a substitution of the listed subcontractor Ross Rec with King Khan Drilling & Construction Company; 3. Award a construction contract in the amount of $2,480,119, for the Base Bid plus all five (5) Add Alternates, with Stockbridge General Contracting, Inc. of Clovis, California, as the lowest responsive and responsible bidder for the Broadway Parque Project. ID 24-530 ADOPTED Pass
  67. 2.-O. RESOLUTION - Approving the Final Map of Tract No. 6269, and accepting dedicated public uses offered therein except for dedications offered subject to City acceptance of developer installed required improvements - located on the southwest corner of North Willow Avenue and North Alicante Drive (Council District 6). ID 24-519 ADOPTED Pass
  68. 2.-P. ***RESOLUTION - Adopt the 51st Amendment to the Annual Appropriation Resolution No. 2023-185 appropriating $878,500 for the Water Connection Charge Fund for completion of water system connection projects. (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto) (Citywide). ID 24-521 ADOPTED Pass
  69. 66 The above minutes were approved by unanimous vote of the City Council during the May 23, 2024, regular meeting.
  70. 2.-Q. Award a requirements contract to WestAir Gases and Equipment, Inc., for the purchase of Bulk Liquid Oxygen for three-years with two optional one-year extensions, for a total amount of $1,370,318.05, plus annual Consumer Price Index increases (Bid File 12400338) (Citywide). ID 24-524 ADOPTED Pass
  71. 2.-R. Approve the renewal of the Fresno Police Department Annual Military Equipment Use Report as originally required by Assembly Bill 481, codified under Government Codes 7070-7075. ID 24-479 APPROVED Pass
  72. 2.-S. Actions pertaining to Requirements Contract for off-site hydrogen fuel: 1. ***RESOLUTION - Authorizing a sole source Requirements Contract with H2B2 USA LLC., for the purchase of Hydrogen Fuel without Advertised Competitive Bidding (Subject to Mayor’s Veto). 2. Approve a three-year Sole Source Requirements Contract, with options for two one-year extensions to H2B2 USA LLC., for off-site hydrogen fuel for a total contract amount not to exceed $3,500,000 (Bid File 9690). ID 24-517 ADOPTED Pass
  73. 2.-T. Approve the Seventh Amendment to the professional consultant agreement with Stantec Architecture, Inc., to incorporate additional project oversight and effort related to contractor delays in receiving critical electrical components and PG&E delays in approving and delivering necessary power resources for the completion of the Department of Transportation/Fresno Area Express (FAX) Facility Improvement Project in the amount not-to-exceed of $165,000, increasing the total contract value to $1,524,548.99 and authorize the Director of Transportation or designee to execute all related documents. ID 24-536 ADOPTED Pass
  74. 2.-U. Approve the appointment of Aisha Allenrojas to the Fresno Metropolitan Flood Control District (FMFCD) to a term ending August 3, 2026. ID 24-593 ADOPTED Pass
  75. 2.-V. ***Authorize the City Manager to accept $9,300,000 in grant funding from the San Joaquin River Conservancy to be used for the River West Project and execute all documents necessary for use of said funds. (Subject to Mayor’s Veto) ID 24-613 ADOPTED AS AMENDED Pass
  76. 2.-W. ***RESOLUTION - Declaring Outdoor Warming Fires to be a Health and Safety Hazard and a Public Nuisance and Direct the City Manager to Cause Them to be Extinguished (Subject to Mayor’s Veto). ID 24-579 TABLED
  77. 74 CONTESTED CONSENT CALENDAR
  78. 3. GENERAL ADMINISTRATION
  79. 76 UNSCHEDULED COMMUNICATION
  80. 77 PLEASE NOTE: UNSCHEDULED COMMUNICATION IS NOT SCHEDULED FOR A SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING
  81. 78 Public Comment Received ID 24-643
  82. 4. CITY COUNCIL
  83. 5. CLOSED SESSION
  84. 5.-A. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Case Name(s): City of Fresno v. Fresno Building Healthy Communities Court of Appeal Case No.: F084662; and Fresno Building Healthy Communities v. City of Fresno Court of Appeal Case No.: F084666 (PARCS Department) ID 24-599 DISCUSSED
  85. 5.-B. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: 1 potential case ID 24-611 DISCUSSED
  86. 83 ADJOURNMENT
  87. 84 UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS
  88. 85 UPCOMING EMPLOYEE CEREMONIES
  89. 86 2024 CITY COUNCIL MEETING SCHEDULE