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February 1, 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 — 80 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 9:09 A.M. ROLL CALL
  19. 18 Invocation
  20. 19 Pledge of Allegiance to the Flag
  21. 20 APPROVE AGENDA ADOPTED AS AMENDED Pass
  22. 21 CEREMONIAL PRESENTATIONS
  23. 21 APPROVAL OF THE CONSENT CALENDAR APPROVED ON CONSENT CALENDAR Pass
  24. 22 Proclamation for "Black History Month" ID 24-124 PRESENTED
  25. 23 Proclamation for "Saint George Greek Orthodox Church 100th Anniversary ID 24-197 PRESENTED
  26. 24 Proclamation for “Sally Caglia” ID 24-155 PRESENTED
  27. 25 Proclamation to recognize “Cónsul Titular Adriana González Carrillo.” ID 24-126 PRESENTED
  28. 26 Proclamation for “Teen Dating Violence Awareness Month” ID 24-97 PRESENTED
  29. 27 COUNCILMEMBER REPORTS AND COMMENTS
  30. 28 MAYOR/MANAGER REPORTS AND COMMENTS
  31. 29 CITY CLERK AND CITY ATTORNEY REPORTS AND COMMENTS
  32. 1. SCHEDULED COUNCIL HEARINGS AND MATTERS
  33. 31 10:00 A.M.
  34. 32 HEARING to consider Development Permit Application No. P21-02699, Vesting Tentative Parcel Map No. 2021-09, and related Final Environmental Impact Report (FEIR), State Clearinghouse (SCH) No. 2022050265, regarding an Office/Warehouse Project located on approximately ± 48.03 acres of property at the northeast intersection of North Marks and West Nielsen Avenues (Council District 3) 1. CERTIFY Final Environmental Impact Report (SCH No. 2022050265), apply the Council's independent judgment and analysis to the review, and then adopt the resolution certifying the FEIR as having been completed in compliance with the California Environmental Quality Act (CEQA) on the proposed Final EIR and comments thereon; and; a. ADOPT the Water Supply Assessment (WSA) attached to the FEIR as Appendix K in compliance with Section 10910 of the California Water Code and Section 15155 of the CEQA Guidelines, and adopt the WSA as a technical addendum to the Environmental Impact Report; and, b. ADOPT Findings of Fact pursuant to CEQA Guidelines Section 15091; and, c. ADOPT a Mitigation Monitoring and Reporting Program (MMRP) pursuant to CEQA Guidelines section 15097 2. DENY the appeal and UPHOLD the action of the Planning Commission in the approval of Development Permit Application No. P21-02699 which requests authorization to construct four office/warehouse buildings with a total gross floor area of approximately ± 901,438 square feet, subject to compliance with the Conditions of Approval dated October 4, 2023; and, 3. DENY the appeal and UPHOLD the action of the Planning Commission in the approval of Vesting Tentative Parcel Map No. 2021-09 which requests authorization to subdivide the subject property into four parcels: Parcel A ± 11.68 acres, Parcel B ± 5.38 acres, Parcel C ± 5.14 acres, Parcel D ± 26.15 acres, subject to compliance with the Conditions of Approval dated October 4, 2023. ID 24-111 TABLED
  35. 33 PAGE BREAK
  36. 34 10:03 A.M.
  37. 35 Appearance by Patricia Gregory to discuss 300 feet of graffiti on West Ave. ID 24-161
  38. 2. CONSENT CALENDAR
  39. 2.-A. Approval of minutes for January 11, 2024, Regular Meeting and minutes for January 18, 2024, Regular Meeting. ID 24-158 ADOPTED Pass
  40. 2.-B. Actions pertaining to the RFP for FY 2025 Consultant Services for Sales and Use Tax auditing, Information services, Quarterly sales tax reporting and Revenue projection analysis (Forecasting) and auditing sales tax records: 1. *** RESOLUTION - Adopt Resolution designating and authorizing HdL Companies to examine all of the sales or transactions and use tax records collected for the City: Bradley-Burns 1% from the State transactions and use tax (Subject to Mayor’s Veto) 2. ***RESOLUTION - Adopt Resolution designating and authorizing HdL Companies to examine all of the sales or transactions and use tax records for the City: Fresno Clean and Safe Neighborhood Parks Tax - Measure P .375% transactions and use tax (Subject to Mayor’s Veto) 3. Approve a three (3) year consultant services agreement subject to two optional one-year extensions, exercised at the City’s sole discretion with HdL Companies authorizing HdL Companies to perform sales and use tax auditing, information services, quarterly sales tax reporting and revenue projection analysis (forecasting) services; payment for audit services based on a percentage of corrected transactions plus up to $14,400 for management and reporting services (subject to an annual increase by the percentage increase in “CPI” for the preceding twelve-month period) 4. Authorize the Controller, or designee, to sign the consultant services agreement on behalf of the City. ID 24-132 ADOPTED Pass
  41. 2.-C. ***RESOLUTION - Adopting the 580th Amendment to the Master Fee Schedule Resolution No. 80-420 to Add, Adjust, Move, Revise or Delete Various Fees (Subject to Mayor’s Veto) ID 24-92 ADOPTED AS AMENDED Pass
  42. 2.-D. *** RESOLUTION - Adopt the 35th Amendment to the Annual Appropriation Resolution (AAR) No. 2023-185 to appropriate $2,333,600 in FY 2023 City Council Department operating and capital carryover and trueing up the Department of Public Works Council Infrastructure Capital Project budgeted carryover totals (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto). ID 24-166 ADOPTED Pass
  43. 2.-E. ***RESOLUTION - Adopting the 33rd amendment to the annual appropriation resolution No. 2023-185 to appropriate $665,000 from the Department of Housing and Urban Development (HUD) for the Community Project Fund (CPF) grant (Requires 5 Affirmative Votes)(Subject to Mayor’s Veto). ID 24-131 ADOPTED Pass
  44. 2.-F. Approve the award of a cooperative purchase agreement to Johnson Controls Inc, through April 22, 2025, plus one optional one-year extension for the purchase of facility security systems, equipment, software, and related services, not to exceed $750,000.00 plus annual CPI increases (Bid File 12401671) ADOPTED Pass
  45. 2.-G. Approve Contract Change Order No. 08 in the amount of $277,210 and an increase in contract time of forty (40) working days with Yarbs Grading and Paving, Inc. for the Veterans Boulevard North Extension Project, Project ID PW00923 (Council District 2) ID 24-91 ADOPTED Pass
  46. 44 PAGE BREAK
  47. 2.-H. Approve the Agreement for Purchase and Sale of a Permanent Street Easement and Temporary Construction Easement and Escrow Instructions to acquire a permanent easement and a temporary construction easement for a total cost of $26,500.00 for a portion of Assessor’s Parcel Number 510-120-12 for the Southbound Polk Avenue Widening Project (Council District 1) ID 24-101 ADOPTED Pass
  48. 2.-I. Approve the Agreement for Purchase and Sale of a Permanent Street Easement and Temporary Construction Easement, along with Escrow Instructions to acquire a permanent easement and temporary construction easement, for a total cost of $50,900 from a portion of Assessor’s Parcel Number 510-120-11 for the Southbound Polk Avenue Widening Project (Council District 1). ID 24-96 ADOPTED Pass
  49. 2.-J. Approve the Agreement for Purchase and Sale of a Permanent Street Easement and Temporary Construction Easement and Escrow Instructions to acquire a permanent street easement and a temporary construction easement for a total cost of $76,100.00 for a portion of Assessor’s Parcel Number 510-130-35S for the Southbound Polk Avenue Widening Project (Council District 1) ID 24-98 ADOPTED Pass
  50. 2.-K. Actions pertaining to the Cesar Chavez Boulevard Renaming Project - Bid File 12400612 (Council Districts 3, 5 and 7) 1. Adopt a finding of Categorical Exemption per staff determination pursuant to Section 15301/Class 1 and Section 15302/Class 2 of the California Environmental Quality Act (CEQA) Guidelines 2. Award a construction contract in the amount of $142,287 to Kroeker Inc., of Fresno, California ID 24-117 ADOPTED AS AMENDED Pass
  51. 2.-L. RESOLUTION - Authorizing the Submission of a Grant Application to the Office of the Secretary (OST), US Department of Transportation (DOT) for the 2024 Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Program for project planning, preliminary design activities, and California Environmental Quality Act (CEQA) for the Shaw Avenue and State Route 99 Freeway Interchange Improvement project; and Authorizing the Execution of Grant Application and Grant Agreement Documents by the Public Works Director or Designee (Council Districts 1 and 2). ID 24-129 ADOPTED Pass
  52. 2.-M. Approve Four Cooperative Project Agreements with the Fresno County Transportation Authority for Short-Term Regional Transportation Program Urban Project H-2 for California Avenue from Fruit to Ventura in the amount of $3,027,000, Urban Project I-2C for Peach Avenue from Florence to Church in the amount of $250,000, Urban Project I-2D for Peach Avenue from Church to Jensen in the amount of $293,400, and Urban Project I-4 for Peach Avenue from State Route 180 to McKinley Avenue in the amount of $587,600. (Districts 3, 5, and 7) ID 24-148 ADOPTED Pass
  53. 2.-N. RESOLUTION - Of Intention to Annex Final Tract Map Number 6234 as Annexation Number 148 to the City of Fresno Community Facilities District Number 11 and to Authorize the Levy of Special Taxes; and setting the public hearing for Thursday, March 7, 2024, at 10:00 am (located on the southwest corner of West Dakota Avenue and North Hayes Avenue) (Council District 1) ID 24-94 ADOPTED Pass
  54. 2.-O. Actions pertaining to the Upgrade of Programmable Logic Controller #1 and #5 at the Fresno-Clovis Regional Wastewater Reclamation Facility (Bid File 12400442) (Council District 3): 1. Adopt a finding of Categorical Exemption pursuant to Class 1, Section 15301 (Existing Facilities) of the California Environmental Quality Act Guidelines. 2. Award of a construction contract to Telstar Instruments of Sacramento, California, for the total base bid amount of $737,000. ID 24-122 ADOPTED Pass
  55. 2.-P. Actions pertaining to Sewer Rehabilitation Improvements in the area bound by Shields, Fruit, Dakota, and Palm Avenues (Bid File 12302877) (Council District 1): 1. Adopt a finding of Categorical Exemption pursuant to Class 2, Section 15302(c) (Replacement or Reconstruction) of the California Environmental Quality Act Guidelines. 2. Award a construction contract to Emmett’s Excavation, Inc., in the amount of $5,077,159. ID 24-121 ADOPTED Pass
  56. 2.-Q. Approve a Consultant Services Agreement with Evergreen Solutions, LLC, in an amount not to exceed $128,500 (RFQ No. 12401195) to conduct a comprehensive classification and compensation study for job classifications represented by Unit 1, Non-Supervisory Blue Collar (Local 39). ID 24-159 ADOPTED Pass
  57. 2.-R. Approve the third amendment to an agreement in the amount of $100,000 with Fresno Area Workforce Investment Corporation (Workforce) to provide wrap-around services for additional Fellows in the One Fresno Youth Jobs Corps program. ID 24-151 ADOPTED Pass
  58. 2.-S. Approve a Side Letter of Agreement with the Fresno Police Officers Association (FPOA), for Unit 4 - Non-Management Police, regarding Assignment of Overtime Shifts (Subject to Mayor’s Veto) ID 24-175 APPROVED Pass
  59. 2.-T. Approve the American Rescue Plan Act HOME Investment Partnerships Program (HOME-ARP) Grant agreement between the City of Fresno and WestCare California Inc. (WestCare) in the amount of $445,000 to provide homeless prevention services, short- and medium-term rental assistance, and case management. ADOPTED Pass
  60. 2.-U. Actions pertaining to a grant agreement between the City of Fresno and the Veterans of Foreign Wars Post 8900, a California Non-Profit Corporation (District 1): 1. Adopt a finding of Categorical Exemption pursuant to Class 1, Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines 2. *** RESOLUTION - Adopting the 40th Amendment to the Annual Appropriation Resolution NO. 2023-185 appropriating $150,000 in ARPA Funding toward the Veterans of Foreign Wars (VFW) Roof Repair Project (Subject to Mayor’s Veto) (Requires 5 Affirmative Votes) 3. Approve a $150,000 Grant Agreement between the City of Fresno and the Veterans of Foreign Wars Post 8900, a California Non-Profit Corporation 4. Authorize the City Manager or designee to execute all grant related documents on behalf of the City ID 24-171 ADOPTED Pass
  61. 58 The above minutes were approved by unanimous vote of the City Council during the February 22, 2024, regular meeting.
  62. 2.-V. Council Boards and Commissions Communications, Reports, Assignments and/or Appointments, Reappointments, Removals to/from City and non-City Boards and Commissions. ID 24-127 ADOPTED Pass
  63. 2.-W. RESOLUTION - to dissolve the Redevelopment Agency Transition Subcommittee. ID 24-128 ADOPTED Pass
  64. 2.-X. ***RESOLUTION - Declaring APNS 449-335-25, 449-349-07T and 449-321-18 to be surplus and directing staff to comply with the Surplus Land Act. (Subject to Mayor’s Veto) ID 24-194 ADOPTED Pass
  65. 2.-Y. ***RESOLUTION - To adopt rules and regulations for the purpose of vending in City of Fresno Parks (Subject to Mayor’s Veto) ID 24-167 ADOPTED Pass
  66. 2.-Z. Actions pertaining to Sarah’s Court Phase II Apartments, a 120-unit affordable multifamily housing project, to be located at 200 N. Salma Avenue in southeast Fresno as part of the Fancher Creek Master Plan Development (District 5): 1. Approve a Community Development Block Grant (CDBG) loan Agreement in the amount of $2.4 million with FCTC Family II, LP, for land acquisition; and 2. ***RESOLUTION - to support FCTC Family II, LP’s Low-Income Housing Tax Credit Application for the development of Sarah’s Court Phase II; and to provide a conditional commitment of HOME Investment Partnership Program (HOME) loan funds in an amount not to exceed $3 million to the Project (Subject to Mayor’s veto) ID 24-154 ADOPTED AS AMENDED Pass
  67. 2.-AA. ***RESOLUTION - Directing City of Fresno Administration to Display Clement Renzi’s “A Day in the Park” Sculpture at Roeding Park (Subject to Mayor’s Veto) ID 24-177 TABLED
  68. 2.-BB. ***RESOLUTION - Authorizing the Fresno City Attorney’s Office to Investigate and Prosecute Employer Wage Theft (Subject to Mayor’s Veto) ID 24-192 ADOPTED AS AMENDED Pass
  69. 66 CONTESTED CONSENT CALENDAR
  70. 3. GENERAL ADMINISTRATION
  71. 68 UNSCHEDULED COMMUNICATION
  72. 69 PLEASE NOTE: UNSCHEDULED COMMUNICATION IS NOT SCHEDULED FOR A SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING
  73. 70 Public Comment received for February 1, 2024 ID 24-252
  74. 4. CITY COUNCIL
  75. 5. CLOSED SESSION
  76. 5.-A. CONFERENCE WITH LABOR NEGOTIATORS - Government Code Section 54957.6 City Negotiators: Jennifer Misner Employee Organization(s): 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 753, 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); 8. International Association of Firefighters, Local 753, Unit 10 (Fire Management); 9. City of Fresno Professional Employees Association (CFPEA); 10. City of Fresno Management Employees Association (CFMEA); ID 24-199
  77. 74 ADJOURNMENT
  78. 75 UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS
  79. 76 UPCOMING EMPLOYEE CEREMONIES
  80. 77 2024 CITY COUNCIL MEETING SCHEDULE