City Council
Council Chambers (In Person and/or Electronic) https://www.fresno.gov/council-meeting
Agenda — 87 items
- 1 THE FRESNO CITY COUNCIL WELCOMES YOU TO CITY COUNCIL CHAMBER, LOCATED IN CITY HALL, 2ND FLOOR, 2600 FRESNO STREET, FRESNO, CALIFORNIA 93721.
- 1 The City Council met in regular session in the Council Chamber, City Hall, on the date and time above written.
- 2 PUBLIC PARTICIPATION – Public participation during Fresno City Council meetings is always encouraged and can occur in one of the two following ways:
- 3 1) Participate In Person: Council Chambers, City Hall, 2nd Floor, 2600 Fresno Street, Fresno, CA 93721
- 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 2) Participate Remotely via Zoom: https://www.fresno.gov/council-meeting
- 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 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 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 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 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 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 VIEWING CITY COUNCIL MEETINGS (non-participatory) - For your convenience, there are several ways to view Fresno City Council meetings live:
- 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 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 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 PAGE BREAK
- 17 9:09 A.M. ROLL CALL
- 18 Invocation by Young Adults Pastor Michael Loera from Family Christian Assembly
- 19 Pledge of Allegiance to the Flag
- 20 APPROVE AGENDA
- 21 CEREMONIAL PRESENTATIONS
- 22 Central Valley Fuego FC
- 23 Proclamation for “Igal Francis Day”
- 24 Proclamation for Exceptional Parents Unlimited’s 31st Annual “Fiesta de los Niños”
- 25 KMJ’s Broadcasting Excellence Awards Recognition
- 26 Proclamation for “Arbor Day”
- 27 Fresno Animal Center presents “Pet of the Month”
- 28 COUNCILMEMBER REPORTS AND COMMENTS
- 29 MAYOR/MANAGER REPORTS AND COMMENTS
- 30 CITY CLERK AND CITY ATTORNEY REPORTS AND COMMENTS
- 1. SCHEDULED COUNCIL HEARINGS AND MATTERS
- 32 9:10 A.M. - JOINT MEETING WITH THE FRESNO JOINT POWERS FINANCING AUTHORITY (JPFA). MEMBERS OF JPFA BOARD: MAYOR JERRY DYER, MEMBER MIKE KARBASSI, AND CHAIR GARRY BREDEFELD
- 33 JPFA ACTION
- 33 APPROVAL OF THE CONSENT CALENDAR
- A. HEARING designating and authorizing certain Finance Officers of the City of Fresno (“City”) to sign various investment and commercial banking documents, and to provide verbal instruction required for prudent financial administration and safekeeping of Fresno Joint Powers Finance Authority (“JPFA”) funds and property
- B. HEARING to consent to and authorize the investment monies in the Local Agency Investment Fund (“LAIF”) in the custody of the State Treasurer for purposes of prudent financial administration and safekeeping of Fresno Joint Powers Finance Authority (“JPFA”) funds, and authorize certain Finance Officers of the City of Fresno (“City”) in connection therewith
- 36 CITY ACTION
- C. Appoint and authorize certain Finance Officers of the City of Fresno (“City”) to sign City checks and various investment and commercial banking documents, and to provide verbal instruction required for the prudent financial administration and safekeeping of City funds
- D. Consent to and authorization of the investment of monies in the Local Agency Investment Fund (“LAIF”) in the custody of the State Treasurer for purposes of investment and authorize certain Finance Officers in connection therewith
- 39 PAGE BREAK
- 40 9:15 A.M.
- 41 Actions pertaining to the fee interest acquisition of a parcel to construct 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) 444-314-20S, owned by Bettina Daniels Cervantes and Tracy Deshler, as successor trustees of the Brackin-Daniels Trust dated January 19, 2008, for the construction of the Blackstone McKinley BNSF Grade Separation Project; 2. ***RESOLUTION - Determining that public interest and necessity require fee title interest acquisition of APN 444-314-20S, owned by Bettina Daniels Cervantes and Tracy Deshler, as successor trustees of the Brackin-Daniels Trust dated January 19, 2008, 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).
- 42 9:20 A.M.
- 43 Actions pertaining to the fee interest acquisition of a parcel to construct 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) 451-071-35, owned by Art A. Terzian, for the construction of the Blackstone McKinley BNSF Grade Separation Project; 2. ***RESOLUTION - Determining that public interest and necessity require fee title interest acquisition of APN 451-071-35, owned by Art A. Terzian, 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).
- 44 9:25 A.M.
- 45 HEARING to Consider Plan Amendment and Rezone Application No. P21-01960, Conditional Use Permit Application No. P21-01959, Conditional Use Permit Application No. P21-03251, Planned Development Permit Application No. P21-03252 and related Final Environmental Impact Report (FEIR), State Clearinghouse (SCH) No. 2021100443 pertaining to ±22.4 acres of property located on the northeast corner of West Herndon Avenue and North Riverside Drive (Council District 2) - Planning & Development Department. 1. RESOLUTION - CERTIFYING Final Environmental Impact Report (SCH No. 2021100443), for the proposed Costco Commercial Center Project; a. Adopt the Findings of Fact and Statement of Overriding Considerations pursuant to CEQA Guidelines Section 15091; and, b. Adopt the Mitigation Monitoring and Reporting Program (MMRP) pursuant to CEQA Guidelines section 15097; and, 2. APPROVE Plan Amendment Application No. P21-01960, requesting authorization to amend the Fresno General Plan and Bullard Community Plan to change the planned land use designation for the subject property from Community Commercial to General Commercial, and reclassify West Herndon Avenue, from North Riverside to North Hayes Avenue, from an Expressway to a Super Arterial; and, 3. BILL (for introduction and adoption) to approve Rezone Application No. P21-01960, requesting authorization to amend the Official Zoning Map of the City of Fresno to rezone the subject property from the CC/EA/UGM/cz (Community Commercial/Expressway Overlay/Urban Growth Management) zone district to the CG/UGM/cz (Commercial General/Urban Growth Management/conditions of zoning) zone district in accordance with the Plan Amendment Application; and 4. APPROVE Conditional Use Permit Application No. P21-01959, requesting authorization to construct a ±219,216 square-foot Costco warehouse retail building, with a ±4,800 square-foot carwash and a ±13,000 square-foot fuel canopy with 32 fuel pumps, subject to compliance with the Conditions of Approval dated March 7, 2024. 5. APPROVE Conditional Use Permit Application No. P21-03251, requesting authorization to establish a State of California Alcoholic Beverage Control (ABC) Type 21 alcohol license that will allow the sale of beer, wine, and distilled spirits for consumption off the premises where sold, subject to compliance the Conditions of Approval dated March 7, 2024. 6. APPROVE Planned Development Permit Application No. P21-03252, requesting authorization to modify parking lot development standards to allow for 36.5-foot-tall parking lot light fixtures rather than 25-foot-tall fixtures.
- 46 10:00 A.M.
- 47 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).
- 2. CONSENT CALENDAR
- 2.-A. Approval of the minutes for April 4, 2024, regular meeting
- 2.-B. ***RESOLUTION - Declaring the results of the consolidated Presidential Primary Election held on March 5, 2024. (Subject to Mayor’s veto)
- 2.-C. Approve the appointment of Ronald Sheppard, and the reappointment of Frances Reyes Acosta to the Disability Advisory Commission. Approve the appointment of Brad Hardie to the Civil Service Board. Approve the reappointment of Paul Idsvoog to the Housing Authority of the City of Fresno. Approve the reappointments of Kimberly McCoy, Jon Dohlin and Jose Barraza to the Parks, Recreation, and Arts Commission.
- 2.-D. Approve the First Amendment to a Consultant Services Agreement with Covino Smith & Simon (formerly known as Simon and Company, Inc.), to extend the Agreement to April 20, 2025, and increase the contract value by $5,200.04 to $70,200 per year for Professional Lobbying and Consulting Services in Washington DC.
- 2.-E. Approve a three-year Agreement with Dell Marketing L.P. to renew Microsoft Enterprise licensing for the City in the amount of $4,659,649.05, in accordance with purchasing procedures from cooperative purchase agreements as set forth in Administrative Order 3-1.
- 2.-F. Actions pertaining to City of Fresno Retirement Boards and City of Fresno Deferred Compensation Board: 1. BILL (for introduction) - Amending FMC Section 3-330(a) to clarify Tier I death provisions in the Fire and Police Retirement System; 2. BILL (for introduction) - Amending FMC Sections 3-332, 3-353, 3-410, 3-424, and 3-566 to modify the DROP provisions in the Fire and Police and Employees Retirement Systems; 3. BILL (for introduction) - Amending FMC Sections 3-352 and 3-565 in compliance with SECURE ACT 2.0 Required Minimum Distribution provisions; 4. BILL (for introduction) - Amending FMC Sections 3-351 and 3-564 adding SIMPLE IRAs; 5. BILL (for introduction) - Amending FMC Sections 3-402(f) to incorporate 3-303 and 3-320 to provide useful clarification as to the scope and status of the second tier; and 6. Approve the Sixth Amendment to the Trust Agreement between Fidelity Management Trust Company and the City of Fresno to incorporate QDRO processing.
- 2.-G. Actions pertaining to the Parks, After School Recreation and Community Services Department’s (PARCS) Summer Swim Program with Fresno Unified School District: 1. Approve a one-year facility use “Blue Space” Agreement with Fresno Unified School District (FUSD) to use FUSD high school pools for City-led swim lessons and recreational swim (aquatics). 2. Authorize the City Manager or designee to execute the Facility Use Blue Space Agreement with FUSD.
- 2.-H. Actions pertaining to the City Studios affordable housing development located at 3876 North Blackstone Avenue, Fresno, California (District 4): 1. ***RESOLUTION - Authorizing acceptance of funding from the California Department of Housing and Community Development Homekey Round 3 Program in the amount of $9,598,131 for the City Studios project and authorizing the City Manager, or designee, to enter into and execute a standard agreement to secure the Homekey Round 3 program funds and to participate in the Homekey Round 3 Program. (Subject to Mayor’s veto) 2. ***RESOLUTION - Adopt the 50th Amendment to the Annual Appropriation Resolution (AAR) No. 2023-185 to appropriate $9,598,200 for the City Studios project from the Homekey Round 3 Program Grant. (Requires 5 Affirmative Votes) (Subject to Mayor’s veto) 3. ***RESOLUTION - Finding good cause and clear and convincing benefit to the public pursuant to Fresno Municipal Code Section 4-204 relating to the disposition of real property identified as Assessor’s Parcel Number 436-260-22 (3876 North Blackstone Avenue) for an affordable housing development. (Requires 5 Affirmative Votes) (Subject to Mayor’s veto) 4. Approve a Memorandum of Understanding between the City of Fresno and Fresno Mission Communities, Inc. 5. Approve a Repair Services Agreement between the City of Fresno and RH Community Builders, LP. 6. Approve a License and Right of Entry Agreement between the City of Fresno and RH Community Builders, LP.
- 2.-I. Actions pertaining to the California Department of Toxic Substances Control’s Office of Brownfields Equitable Community Revitalization Grant for the Remediation of the 1457 H Street Site Round 2 (Council District 3): 1. ***RESOLUTION - Approve the Acceptance of Equitable Community Revitalization Grant Round 2 Funding from the State of California Department of Toxic Substances Control in the amount of $3,122,648 and authorize the City Manager or Designee to enter into and execute a grant agreement and any and all subsequent documents during the two-year funding period. (Subject to Mayor’s Veto)
- 2.-J. Actions pertaining to the 2024 Law Enforcement Specialized Unit Program: ***RESOLUTION Adopt a Resolution authorizing acceptance of $203,143 in grant funding from the California Governor’s Office of Emergency Services’ Law Enforcement Specialized Unit Program for the Fresno Police Department’s Domestic Violence Unit 2024 Law Enforcement Specialized Unit Program (Subject to Mayor’s veto)
- 2.-K. Actions pertaining to the North Granville Avenue and East Behymer Avenue Safety Improvements Project (Bid File No. 12400905) (Council District 6): 1. Adopt a finding of Categorical Exemption pursuant to Section 15301/Class 1 of the California Environmental Quality Act Guidelines; 2. Award a construction contract in the amount of $624,487 to Dave Christian Construction Company Incorporated, of Fresno, California.
- 2.-L. Actions Pertaining to the Woodward and Roeding Tot Lots and ADA Accessibility Improvements Project, Bid File 12401362 (Council District 3 and Council District 6): 1. Adopt a finding of Categorical Exemption per staff’s determination, pursuant to Section 15301/Class 1 of the California Environmental Quality Act Guidelines, Environmental Assessment No. PC00362, for Roeding Tot Lot and ADA Accessibility Improvement Project; 2. Adopt of finding of Categorical Exemption per staff’s determination, pursuant to Section 15301/Class 1 of the California Environmental Quality Act Guidelines, Environmental Assessment No. PC00363, for Woodward Tot Lot and ADA Accessibility Improvement Project; 3. Award a construction contract in the amount of $1,962,257 to American Paving Company of Fresno, California, as the lowest responsive and responsible bidder for the Woodward and Roeding Tot Lots and ADA Accessibility Improvements Project.
- 2.-M. Actions pertaining to the Chestnut Avenue Overlay Project, from Cesar Chavez Boulevard (Kings Canyon Road) to Butler Avenue (Bid File No. 12401042) (Council District 5): 1. Adopt a finding of Categorical Exemption per staff determination, pursuant to Sections 15301/Class 1, 15302/Class 2, and 15303/Class 3 of the California Environmental Quality Act (CEQA) Guidelines; 2. Award a construction contract in the amount of $1,484,956 to Cal Valley Construction, Inc. of Fresno, CA as the lowest responsive and responsible bidder.
- 2.-N. Approve consultant services agreement with Akel Engineering Group, Inc., for a total amount not to exceed $120,000, to provide on-call water distribution system hydraulic modeling services (Bid File No. 12400549) (Citywide).
- 2.-O. Actions pertaining to the Digester Centrifugal Pump Replacement at the Fresno-Clovis Regional Wastewater Reclamation Facility (Bid File 12400504-1) (Council District 3): 1. Adopt a finding of Categorical Exemption pursuant to Class 2, Section 15302 (Replacement or Reconstruction) of the California Environmental Quality Act Guidelines; 2. Approve the award of a purchase contract to Rockwell Engineering and Equipment Company, Inc., of Tustin, California, for the purchase of seven (7) heated sludge pumps in the amount of $107,305.51 for the Fresno-Clovis Regional Wastewater Reclamation Facility.
- 2.-P. Award requirements contract for CNG Station Service and Maintenance with Chart International Inc. of Ball Ground, Georgia for two years for an amount not to exceed $315,936, with five optional one-year extensions (Bid File 12400018)
- 2.-Q. Actions pertaining to professional consulting services for the Vision Zero Action Plan (Citywide) 1. Approve a Professional Consultant Services Agreement with TDG Engineering, Inc., an affiliate of Toole Design Group, LLC., in the amount not to exceed four hundred thousand dollars ($400,000) and a contingency amount not to exceed fifteen thousand dollars ($15,000.00) for any additional work.
- 65 The above minutes were approved by unanimous vote of the City Council during the May 2, 2024, regular meeting.
- 2.-R. ***BILL B-10 (Intro’d April 4, 2024)(For Adoption) - Adding Article 35 to Chapter 9 of the Fresno Municipal Code, Relating to Naloxone (Subject to Mayor’s Veto)
- 2.-S. ***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)
- 2.-T. *** RESOLUTION - Adopting the 53rd Amendment to the Annual Appropriations Resolution (AAR) No. 2023-185 Reallocating $50,000 from the Department of Public Works to the Parks, After School, Recreation & Community Services Department for pool repairs at the Pinedale Community Center (Subject to Mayor’s Veto) (Requires 5 Affirmative Votes)
- 2.-U. ***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).
- 70 CONTESTED CONSENT CALENDAR
- 71 PAGE BREAK
- 3. GENERAL ADMINISTRATION
- 3.-A. WORKSHOP - Update from Fresno Housing
- 74 UNSCHEDULED COMMUNICATION
- 75 PLEASE NOTE: UNSCHEDULED COMMUNICATION IS NOT SCHEDULED FOR A SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING
- 4. CITY COUNCIL
- 5. CLOSED SESSION
- 5.-A. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Ompreshia Vick v. City of Fresno; Fresno Superior Court Case No.: 23CECG00095
- 5.-B. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Tammy Lynn Mitchell v. City of Fresno; Fresno Superior Court Case No.: 22CECG01107
- 5.-C. CONFERENCE WITH LABOR NEGOTIATORS - Government Code Section 54957.6 City Negotiators: Jennifer Misner 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).
- 81 ADJOURNMENT
- 82 UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS
- 83 UPCOMING EMPLOYEE CEREMONIES
- 84 2024 CITY COUNCIL MEETING SCHEDULE