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April 4, 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 — 67 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 9:04 A.M. ROLL CALL
  19. 18 Invocation by Pastor Eli Loera from Family Christian Assembly
  20. 19 Pledge of Allegiance to the Flag
  21. 20 APPROVE AGENDA ADOPTED AS AMENDED Pass
  22. 21 CEREMONIAL PRESENTATIONS
  23. 22 Proclamation for "Fair Housing Month" ID 24-395 PRESENTED
  24. 22 APPROVAL OF THE CONSENT CALENDAR APPROVED ON CONSENT CALENDAR Pass
  25. 23 Proclamation for "Black Maternal Health Week" ID 24-419 PRESENTED
  26. 24 Proclamation for “Sexual Assault Awareness Month” ID 24-435 PRESENTED
  27. 25 Proclamation for “National Crime Victims’ Right Week” ID 24-239 PRESENTED
  28. 26 COUNCILMEMBER REPORTS AND COMMENTS
  29. 27 MAYOR/MANAGER REPORTS AND COMMENTS
  30. 28 CITY CLERK AND CITY ATTORNEY REPORTS AND COMMENTS
  31. 1. SCHEDULED COUNCIL HEARINGS AND MATTERS
  32. 30 9:15 A.M. #1
  33. 31 Hearing to consider Conditional Use Permit Application No. P23-00835, Planned Development Permit Application No. P23-02080, and related Environmental Assessment; regarding a phased, multi-tenant commercial community development project with Starbucks Café and drive-through located on approximately ± 2.98 acres of property located on the southwest corner of the intersection of South Martin Luther King Boulevard and East Church Avenue. (Council District 3) - Planning & Development Department. 1. ADOPT Environmental Assessment No. P23-00835/P23-02080 dated January 3, 2024, an Addendum to the Southwest Fresno Specific Plan Final Program EIR (the “Program EIR”), prepared in accordance with Section 15164 of the California Environmental Quality Act (CEQA) Guidelines. 2. DENY the appeal submitted by Councilmember Arias on January 17, 2024, and UPHOLD the action of the Planning and Development Department Director approving Conditional Use Permit Application No. P23-00835 and Planned Development Permit Application No. P23-02080 authorizing the construction of a ± 5,781 square foot multi-tenant shell building with Starbucks Café with drive-thru; and full development of the site with associated parking lot, landscaping, trash enclosures, and pad for a future building to be entitled under separate permit. ID 24-442 ADOPTED AS AMENDED Pass
  34. 32 9:15 A.M. #2
  35. 33 HEARING to consider Rezone Application No. P23-02992 and related Environmental Assessment No. P23-02992 relative to property generally located between North Friant Road, East Copper Avenue, North Willow Avenue and East Silaxo Road (Council District 6) - Planning and Development Department 1. ADOPT Environmental Assessment No. P23-02992, dated March 13, 2024, an Addendum to the Subsequent Environmental Impact Report (SEIR) State Clearinghouse (SCH) No. 2000021003 for the proposed project pursuant to the California Environmental Quality Act (CEQA); and, 2. BILL (for introduction and adoption) of Rezone Application No. P23-02992, proposing to amend the Official Zoning Map and existing conditions of zoning, regarding timing of construction of traffic signals, pursuant to Article 58, Chapter 15 of the Fresno Municipal Code, currently placed on the following property: ± 35.59 acres of property from the RS-3/UGM/cz (Single-Family Residential, Low Density/Urban Growth Management/conditions of zoning) zone district to RS-3/UGM/cz (Single-Family Residential, Low Density/Urban Growth Management/conditions of zoning) zone district, ± 0.93 acres of property from the RM-2/UGM/cz (Multi-Family Residential, Urban Neighborhood/Urban Growth Management/conditions of zoning) zone district to RM-2/UGM/cz (Multi-Family Residential, Urban Neighborhood/Urban Growth Management/conditions of zoning) zone district, ± 7.23 acres of property from the RS-5/UGM/cz (Single Family Residential, Medium Density/Urban Growth Management/conditions of zoning) zone district to RS-5/UGM/cz (Single Family Residential, Medium Density/Urban Growth Management/conditions of zoning) zone district, ± 0.79 acre of property from the RS-4/UGM/cz (Single Family Residential, Medium Low Density/Urban Growth Management/conditions of zoning) zone district to RS-4/UGM/cz (Single Family Residential, Medium Low Density/Urban Growth Management/conditions of zoning) zone district, ± 2.68 acres of property from the CC/UGM/cz (Community Commercial/Urban Growth Management/conditions of zoning) zone district to CC/UGM/cz (Community Commercial/Urban Growth Management/conditions of zoning) zone district, ± 2.07 acres of property from the RS-4/UGM/cz (Single Family Residential, Medium Low Density/Urban Growth Management/conditions of zoning) zone district to RS-4/UGM/cz (Single Family Residential, Medium Low Density/Urban Growth Management/conditions of zoning) zone district, ± 1.17 acres of property from the RS-3/UGM/cz (Single Family Residential, Low Density/Urban Growth Management/conditions of zoning) zone district to RS-3/UGM/cz (Single Family Residential, Low Density/Urban Growth Management/conditions of zoning) zone district, ± 8.17 acres of property from the RM-2/UGM/cz (Multi-Family Residential, Urban Neighborhood/Urban Growth Management/conditions of zoning) zone district to RM-2/UGM/cz (Multi-Family Residential, Urban Neighborhood/Urban Growth Management/conditions of zoning) zone district, ± 2.68 acres of property from the RS-4/UGM/cz (Single Family Residential, Medium Low Density /Urban Growth Management/conditions of zoning) zone district to RS-4/UGM/cz (Single Family Residential, Medium Low Density /Urban Growth Management/conditions of zoning) zone district, and ± 4.53 acres of property from the RS-3/UGM/cz (Single Family Residential, Low Density /Urban Growth Management/conditions of zoning) zone district to RS-3/UGM/cz (Single Family Residential, Low Density /Urban Growth Management/conditions of zoning) zone district. ID 24-421 ADOPTED Pass
  36. 34 9:20 A.M. Joint Meeting of the City Council, City of Fresno in its Capacity as Housing Successor to the Redevelopment Agency of the City of Fresno, and the Fresno Revitalization Corporation
  37. 35 Approve a First Amended and Restated Disposition and Development Agreement between the City of Fresno, in its capacity as Housing Successor to the Redevelopment Agency of the City of Fresno and Self-Help Enterprises regarding the disposition of approximately 3.05 acres located at the Southwest corner of Florence and Walnut and the Northwest corner of Florence and Plumas Avenue for the development of a single-family affordable housing project. ID 24-458 APPROVED Pass
  38. 2. CONSENT CALENDAR
  39. 2.-A. Approval of the minutes for March 21, 2024, regular meeting ID 24-451 ADOPTED Pass
  40. 38 PAGE BREAK
  41. 2.-B. Actions pertaining to RFP 12401452 for Central Services Cost Allocation Plan (CAP) and Indirect Cost Rate Proposal (ICRP) Consultant Services 1. Approve a three (3) year consultant services agreement, with two optional one-year extensions, exercisable at the City’s sole discretion not to exceed $29,750 per year with MGT of America Consulting, LLC to perform Central Services Cost Allocation Plan (CAP) and Indirect Cost Rate Proposal (ICRP) Services 2. Authorize the City Manager, or designee, to sign the consultant services agreement on behalf of the City. ID 24-428 ADOPTED Pass
  42. 2.-C. Submission and Acceptance of the City of Fresno Annual Comprehensive Financial Report (ACFR) and Annual Comprehensive Dept Report (ACDR) for Fiscal Year 2023 ID 24-376 APPROVED Pass
  43. 2.-D. Actions pertaining to the Spiral Parking Garage 7 High Priority Repairs project located at 801 Van Ness Avenue: 1. Adopt a finding of Categorical Exemption pursuant to Section 15301 of the California Environmental Quality Act Guidelines 2. Approve an agreement for Professional Engineering Services with Brooks Ransom Associates, of Fresno, California, in the amount of $69,500 with a $8,000 contingency, for the design, preparation of construction documents, and construction support services for the Spiral Parking Garage 7 High Priority Repairs project. 3. Authorize the Director of General Services or designee to execute all related documents ID 24-434 APPROVED Pass
  44. 2.-E. Actions pertaining to the Crown Castle Tower Site License Agreement: 1. ***RESOLUTION: Adopt the 48th amendment to the Annual Appropriation Resolution (AAR) No 2023-185 appropriating $326,100 from the Information Services Department (ISD) FY23 carryover (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto) 2. Approve the 2nd Amendment to the Crown Castle Tower Site License Agreement increasing the rent by $700 per month ($500 per month from September 1, 2023, and $200 per month from January 1, 2024) 3. Authorize the Chief Information Officer or designee to approve and execute the change order for $85,638 for the installation of a generator pad and propane tank pad and $34,834 for previously installed radio antennas. ID 24-409 ADOPTED Pass
  45. 2.-F. Actions pertaining to the purchase of sodium hypochlorite (Citywide): 1. Reject all bids for the Requirements Contract for Bulk Sodium Hypochlorite (Bid File 12401016); 2. Approve an increase to the Requirements Contract for Sodium Hypochlorite with Univar USA, Inc., to an annual amount of $1,399,422 for an extended term to June 11, 2024 (Bid File 9487). ID 24-423 ADOPTED Pass
  46. 2.-G. Authorize the Chief of Police to enter into a five-year instructional services reimbursement agreement with Fresno City College to collect state monetary reimbursement for City instructor time at the Police Department Regional Training Center. ID 24-429 ADOPTED Pass
  47. 2.-H. Actions pertaining to homeless mobile shower operations agreement provided by Gracebound under the Homeless Housing, Assistance, and Prevention (HHAP) program: 1. Approve the first amendment to the Agreement with Gracebound to operate two mobile shower and restroom trailers increasing funding by $42,799.42 for a total agreement amount of $342,799.42 ID 24-162 APPROVED Pass
  48. 46 PAGE BREAK
  49. 2.-I. ***RESOLUTION - Repealing Resolution Number 2024-052 and authorizing submission of an application for and acceptance of funding from the California Department of Housing and Community Development Prohousing Incentive Program (PIP) Round 2 and authorizing the City Manager or designee to sign and submit the application and all necessary implementing documents. (Subject to Mayor’s Veto) ID 24-425 ADOPTED Pass
  50. 2.-J. Award a two-year Service Contract, with options for three one-year extensions to EagleShield Pest Control (Bid File 12400439) in the amount of $50,960, for pest control services at the FAX facilities. ID 24-305 ADOPTED Pass
  51. 2.-K. BILL (for introduction) - Adding Article 35 to Chapter 9 of the Fresno Municipal Code, Relating to Naloxone ID 24-370 APPROVED Pass
  52. 2.-L. ***BILL B-8 (Intro’d March 21, 2024)(For Adoption) - Adding Article 6 to Chapter 1 of the Fresno Municipal Code, Relating to City Attorney Subpoena Power (Subject to Mayor’s Veto) ID 24-443 ADOPTED Pass
  53. 2.-M. Approve the Appointment of Laura Gromis to the Active Transportation Advisory Committee (ATAC) for a three year term ending April 4, 2027. ID 24-466 ADOPTED Pass
  54. 2.-N. RESOLUTION - To Immediately Suspend Funding for and Requesting the City Manager to Investigate the Street Outreach Training Services Agreement with the Urban Peace Institute ID 24-474 CONTINUED Pass
  55. 53 PAGE BREAK
  56. 2.-O. ***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 24-444 TABLED
  57. 55 CONTESTED CONSENT CALENDAR
  58. 3. GENERAL ADMINISTRATION
  59. 57 UNSCHEDULED COMMUNICATION
  60. 58 PLEASE NOTE: UNSCHEDULED COMMUNICATION IS NOT SCHEDULED FOR A SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING
  61. 4. CITY COUNCIL
  62. 5. CLOSED SESSION
  63. 5.-A. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Case Name: Georgette Purnell v. R.T. Mora; Eastern District Court Case No. 1:19-cv-00210. ID 24-417
  64. 62 ADJOURNMENT
  65. 63 UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS
  66. 64 UPCOMING EMPLOYEE CEREMONIES
  67. 65 2024 CITY COUNCIL MEETING SCHEDULE