docketcity.com
Home › Fresno › Meetings

City Council

March 7, 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 — 84 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 9:06 A.M. ROLL CALL
  19. 18 Invocation by Pastor Edward D. Thomas from Impact Church Fresno
  20. 19 Pledge of Allegiance to the Flag
  21. 20 APPROVE AGENDA ADOPTED AS AMENDED Pass
  22. 21 CEREMONIAL PRESENTATIONS
  23. 22 Proclamation for Women in Construction Week ID 24-338 PRESENTED
  24. 22 APPROVAL OF THE CONSENT CALENDAR APPROVED ON CONSENT CALENDAR Pass
  25. 23 Special Proclamation ID 24-348 PRESENTED
  26. 24 COUNCILMEMBER REPORTS AND COMMENTS
  27. 25 MAYOR/MANAGER REPORTS AND COMMENTS
  28. 26 CITY CLERK AND CITY ATTORNEY REPORTS AND COMMENTS
  29. 1. SCHEDULED COUNCIL HEARINGS AND MATTERS
  30. 28 9:30 A.M.
  31. 29 HEARING to consider Text Amendment Application No. P23-03987 and related Environmental Finding For Environmental Assessment No. P23-03987 amending Section 4304 of Chapter 15 of the Fresno Municipal Code related to findings for approval of tentative map amendments - Planning & Development Department. 1. ADOPT a finding set forth in Environmental Assessment No. P23-03987 dated December 27, 2023, that Text Amendment Application No P23-03987 is exempt from the California Environmental Quality Act (CEQA) pursuant to the commonsense exemption that it can be seen with certainty that there is no possibility of significant adverse effect on the environment pursuant to CEQA Guidelines Section 15061(b)(3). 2. BILL (for introduction) - Amending Section 4304 of Chapter 15 of the Fresno Municipal Code relating to the language of the required findings for approval of tentative map amendments from “and” to “or.” ID 24-235 ADOPTED Pass
  32. 30 9:35 A.M.
  33. 31 HEARING to consider Plan Amendment-Rezone Application No. P19-05889, Development Permit Application No. P20-01559, and related Environmental Assessment No. P19-05889/P20-01559 pertaining to approximately 4.83 acres of property located on the northwest corner of East Tulare Street and North Helm Avenue (Council District 7) - Planning & Development Department. 1. ADOPT - Mitigated Negative Declaration as prepared for Environmental Assessment No. P20-01559/P19-05889, dated January 30, 2024, for the proposed project pursuant to the State of California Environmental Quality Act (CEQA) 2. RESOLUTION - Approving Plan Amendment Application No. P19-05889, requesting authorization to amend the Fresno General Plan and Roosevelt Community Plan to change the planned land use designation for the subject property from Medium Low Density Residential to Urban Neighborhood 3. BILL (for introduction and adoption) - Approving Rezone Application No. P19-05889, requesting authorization to amend the Official Zoning Map of the City of Fresno to rezone the subject property from the RS-4 (Residential Single-Family, Medium Low Density) zone district to RM-2 (Residential Multi-Family, Urban Neighborhood) zone district in accordance with the Plan Amendment Application 4. APPROVE - Development Permit Application No. P20-01559, requesting authorization to construct a multi-unit housing development comprised of 112 affordable dwelling units for seniors. ID 24-236 ADOPTED Pass
  34. 32 PAGE BREAK
  35. 33 9:40 A.M.
  36. 34 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. ID 24-245 TABLED Pass
  37. 35 10:00 A.M.
  38. 36 HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding City of Fresno Community Facilities District No. 11, Annexation Number 148 (Final Tract Map Number 6234) (located on the southwest corner of West Dakota Avenue and North Hayes Avenue) (Council District 1) 1. ***RESOLUTION - to Annex Territory to Community Facilities District No. 11 and Authorizing the Levy of a Special Tax for Annexation No. 148 (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 2023-2024 and Future Tax Years Within and Relating to Community Facilities District No. 11, Annexation No. 148 (Subject to Mayor’s Veto) ID 24-292 ADOPTED Pass
  39. 2. CONSENT CALENDAR
  40. 2.-A. Approval of the minutes for February 22, 2024, regular meeting. ID 24-293 ADOPTED Pass
  41. 2.-B. ***Bill B-3 (Intro’d February 22, 2024)(For Adoption) - Amending the Graffiti Abatement Ordinance, FMC Section 9-2514(e) to amend the violations imposed for graffiti abatement and adding Article 23 to Chapter 10 of the Fresno Municipal Code, to protect public and private property from acts of vandalism and defacement (Subject to Mayor’s Veto) ID 24-329 ADOPTED Pass
  42. 2.-C. Approve the consultant services agreement with Kimley-Horn and Associates, Inc., to provide professional engineering services for the Runway 11L-29R Reconstruction Project at the Fresno Yosemite International Airport in an amount not to exceed $1,879,495 (Council District 4) ID 24-286 ADOPTED Pass
  43. 2.-D. Approve the consultant services agreement with Hill International, Inc., to provide professional construction management services for the Terminal Expansion Project at the Fresno Yosemite International Airport in an amount not to exceed $3,311,516.00 (Council District 4) ID 24-283 ADOPTED Pass
  44. 2.-E. Approve the consultant services agreement with Deol Data, Inc. to provide professional aviation security systems planning and design services at Fresno Yosemite International Airport and Fresno Chandler Executive Airport in an amount not to exceed $834,400 (Council District 4) ID 24-288 ADOPTED Pass
  45. 43 PAGE BREAK
  46. 2.-F. Actions pertaining to the California for All More People and Pets Together Grant: 1. Authorize the City Manager to accept $156,900 in grant funding from the Regents of the University of California on behalf of its Davis Campus School of Veterinary Medicine on behalf of its Koret Shelter Medicine Program in connection with the California for All Animals statewide animal shelter assistance program for the Animal Center’s ‘Regreso a Casa’ Grant. 2. Authorize the City Manager or their designee to execute the Shelter Services Grant Agreement, for the California for All Animals More People and Pets Together ‘Regreso a Casa’ Grant. 3. ***RESOLUTION - Adopt the 44th Amendment to the Annual Appropriation Resolution (AAR) No. 2023-185 appropriating $156,900 for the Animal Center from the California for All Animals More People and Pets Together ‘Regreso a Casa’ Grant (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto). ID 24-222 ADOPTED Pass
  47. 2.-G. Actions pertaining to American Rescue Plan Act (ARPA) funding: 1. Approve an agreement with Fresno Police Neighborhood Watch (FPNW) allocating $100,000 in ARPA funding for operational costs to enhance capacity, training, and general operations for the Neighborhood Watch program. 2. Approve an agreement with Fresno Economic Opportunities Commission (EOC) allocating $100,000 in ARPA funding for operational costs supporting Fresno EOC’s LGBTQ+ Resource Center. ID 24-285 ADOPTED Pass
  48. 2.-H. Approve a Voluntary Collection Agreement with Airbnb for collection of City of Fresno Transient Occupancy Tax and authorize the City Controller to execute Agreement ID 24-335 APPROVED Pass
  49. 47 PAGE BREAK
  50. 2.-I. Approve the award of a cooperative purchase agreement to Quinn Company of Fresno, California, for the purchase of one Caterpillar backhoe in the amount of $181,751 for the Department of Public Utilities, Water Operations Division ID 24-282 ADOPTED Pass
  51. 2.-J. Actions pertaining to the adoption of a resolution authorizing the Director of General Services to pay relocation assistance to the businesses impacted by the development of affordable senior housing at 4323-4333 Blackstone Avenue, adjacent to the Senior Center Project (District 4): 1. RESOLUTION - A Resolution authorizing the Director of General Services or designee to sign and approve payment of relocation assistance claims and all associated documents to facilitate relocation for tenants located at 4323-4333 Blackstone Avenue, Fresno, California in compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970s ID 24-294 ADOPTED Pass
  52. 2.-K. Approve the First Amendment to the consulting agreement with TRC Solutions, Inc., adding professional grant writing services to the scope of work and assist the City of Fresno with funding opportunities to implement the California Air Resource Board (CARB) Advanced Clean Fleets regulation not-to-exceed $150,000 ID 24-357 APPROVED Pass
  53. 2.-L. ***RESOLUTION - Authorizing 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 all necessary implementing documents. (Subject to Mayor’s Veto) ID 24-271 ADOPTED Pass
  54. 52 PAGE BREAK
  55. 2.-M. Actions pertaining to the Homeless Housing, Assistance, and Prevention (HHAP) program: 1. ***RESOLUTION - Authorizing application to and acceptance of funding from the State of California Business, Consumer Services and Housing Agency’s (BCSH) California Interagency Council on Homelessness (Cal ICH) as a joint applicant for the fifth round of Homeless Housing, Assistance, and Prevention Program (HHAP) and authorizing the City Manager to sign all required implementing documents. (Subject to Mayor’s Veto) 2. Approve a Memorandum of Understanding (MOU) committing the City to participate in and comply with the jointly completed Regionally Coordinated Homelessness Action Plan and application for the fifth round of HHAP ID 24-86 ADOPTED Pass
  56. 2.-N. Approve a Community Development Block Grant loan Agreement in the amount of $1,243,000 with Fresno Avalon Commons Phase II, LP, for property acquisition of the project site located at 7521 N. Chestnut Avenue, Fresno, CA 93720 (District 6) ID 24-247 ADOPTED Pass
  57. 2.-O. Actions pertaining to the conversion of the former Parkside Inn Motel into a 38-unit residential affordable housing project, located at 1415 W. Olive Avenue, Fresno 93728 (District 3): 1. Approve a Community Development Block Grant (CDBG) Loan Agreement in the amount of $3 million with Silvercrest, Inc., for property acquisition of the former Parkside Inn Motel; and 2. ***RESOLUTION - To support Silvercrest, Inc., a California Non-Profit Public Benefit Corporation’s Low-Income Housing Tax Credit Application for the substantial rehabilitation of the form Parkside Inn; and to provide a conditional commitment of HOME American Rescue Plan (HOME-ARP) Program loan funds in an amount not to exceed $858,000 to the Project (Subject to Mayor’s Veto) ID 24-248 ADOPTED Pass
  58. 2.-P. ***RESOLUTION - Adopting the 46th Amendment to the Annual Appropriations Resolution (AAR) No. 2023-185 appropriating $2,383,300 for Indirect Costs in the Capital Projects Department Capital Projects Capital Indirect Cost Recovery Fund. (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto) ID 24-277 ADOPTED Pass
  59. 2.-Q. 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 1592 North Calaveras Street (Assessor’s Parcel Number (APN) 451-064-01), owned by David and Patricia Wasemiller, in the amount of $191,000.00, for the construction of the Blackstone McKinley BNSF Grade Separation Project 2. 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 1587 North Calaveras Street (APN 451-063-03), owned by Pamela A. Hinojosa De Rodriguez, in the amount of $380,000.00, for the construction of the Blackstone McKinley BNSF Grade Separation Project. ID 24-261 ADOPTED Pass
  60. 57 The above minutes were approved by unanimous vote of the City Council during the March 21, 2024, regular meeting.
  61. 2.-R. RESOLUTION - Of Intention to Annex Final Parcel Map Number 2004-36 as Annexation Number 59 to the City of Fresno Community Facilities District Number 9 and to Authorize the Levy of Special Taxes; and setting the Public Hearing for Thursday, April 18, 2024, at 10:00 am (East Belmont Avenue and North Laverne Avenue) (Council District 5). ID 24-278 TABLED
  62. 59 PAGE BREAK
  63. 2.-S. RESOLUTION - Approving the Final Map of Tract No. 6383, and accepting dedicated public uses offered therein except for dedications offered subject to City acceptance of developer installed required improvements - located on the southeast corner of North Armstrong Avenue and East McKinley Avenue Alignment (Council District 7). ID 24-279 ADOPTED Pass
  64. 2.-T. Actions pertaining to an Extraterritorial Service and Offsite Infrastructure Agreement between Sandra R. Deazevedo and David M. Lantis and the City of Fresno (City of Fresno Sphere of Influence and County of Fresno): 1. Adopt a finding of Categorical Exemption pursuant to California Environmental Quality Act Guidelines section 15301(c)/Class 1; 2. Approve an Extraterritorial Service and Offsite Infrastructure Agreement between Sandra R. Deazevedo and David M. Lantis and the City of Fresno. ID 24-280 TABLED Pass
  65. 2.-U. ***RESOLUTION - Declaring Board Member and Commissioner Positions Vacant Upon the Expiration of Their Term and Provide for the Council to Fill Resulting Vacancies Lasting Longer Than One Year (Subject to Mayor’s Veto). ID 24-356 TABLED Pass
  66. 2.-V. ***RESOLUTION - Authorizing the City Attorney or Designee to apply for and accept Workers’ Rights Enforcement Grant Funding through the State of California Department of Industrial Relations (DIR) (Subject to Veto) ID 24-349 ADOPTED Pass
  67. 64 PAGE BREAK
  68. 65 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
  69. 2.-W. ***RESOLUTION- Declaring property located at various scattered sites in Southwest Fresno, California 93706, (APNs 464-113-13T, 465-174-21T & -22T, 467-155-07T, 477-121-05T, -06T & -13T) to be surplus and directing staff to comply with the Surplus Land Act (Subject to Mayor’s Veto). ID 24-327 ADOPTED Pass
  70. 67 CONTESTED CONSENT CALENDAR
  71. 3. GENERAL ADMINISTRATION
  72. 3.-A. WORKSHOP - Update on Animal Center Operations ID 24-221 PRESENTED
  73. 70 UNSCHEDULED COMMUNICATION
  74. 71 PLEASE NOTE: UNSCHEDULED COMMUNICATION IS NOT SCHEDULED FOR A SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING
  75. 72 Public Comment Received ID 24-358
  76. 4. CITY COUNCIL
  77. 5. CLOSED SESSION
  78. 5.-A. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Case Name: Hayden M. Snyder, a minor, by and through his guardian ad litem, et al v. City of Fresno v. City of Fresno, et al.; Fresno Superior Court Case No. 20CECG02826 ID 24-287
  79. 76 PAGE BREAK
  80. 5.-B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Government Code Section 54956.9, subdivision (d)(2): 1 potential case ID 24-289
  81. 78 ADJOURNMENT
  82. 79 UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS
  83. 80 UPCOMING EMPLOYEE CEREMONIES
  84. 81 2024 CITY COUNCIL MEETING SCHEDULE