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January 18, 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 — 69 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 9:05 A.M. ROLL CALL
  19. 18 Invocation by Dr. Sarbjeet Singh from the Sikh Institute of Fresno
  20. 19 Pledge of Allegiance to the Flag
  21. 20 APPROVE AGENDA ADOPTED AS AMENDED Pass
  22. 20 APPROVAL OF THE CONSENT CALENDAR APPROVED ON CONSENT CALENDAR Pass
  23. 21 CEREMONIAL PRESENTATIONS
  24. 22 Proclamation for “Sally Caglia” TABLED
  25. 23 Proclamation for “Luisa Medina Day” PRESENTED
  26. 24 Proclamation for "Human Trafficking Prevention Month" PRESENTED
  27. 25 COUNCILMEMBER REPORTS AND COMMENTS
  28. 26 MAYOR/MANAGER REPORTS AND COMMENTS
  29. 27 CITY CLERK AND CITY ATTORNEY REPORTS AND COMMENTS
  30. 1. SCHEDULED COUNCIL HEARINGS AND MATTERS
  31. 29 10:00 A.M.
  32. 2.-K. Actions pertaining to Amendment Application No. P23-02808 and related Environmental Finding For Environmental Assessment No. P23-02808 amending Subsection E of Section 3314 of Chapter 15 of the Fresno Municipal Code related to tentative map appeal hearings - Planning & Development Department. 1. ***BILL B-1 (Intro’d 1/11/2024)(For Adoption) Amending Subsection E to Section 3314 of Chapter 15 of the Fresno Municipal Code relating to the language of the required tentative map appeal hearing date from 30 days to 45 days (Subject to Mayor’s Veto) ID 24-106 ADOPTED
  33. 30 Appearance by Jorge Zavala to discuss good jobs grants misappropriation of funds (District 4 Resident)
  34. 31 10:10A.M.
  35. 32 HEARING to consider Text Amendment Application No. P23-02443 and related Environmental Finding for Environmental Assessment No. P23-02443 amending Subsection U to Section 3804 of Chapter 15 of the Fresno Municipal Code pertaining to the deferral of certain subdivision improvements (all Council Districts): 1. ADOPT a finding set forth in Environmental Assessment No. P23-02443, dated July 26, 2023, that Text Amendment Application No. P23-02443 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 1506(b)(3). 2. BILL (for Introduction) Text Amendment Application No. P23-02443 adding Subsection U to Section 3804 of Chapter 15 of the Fresno Municipal Code relating to the deferral of certain sidewalk construction, driveway approaches and street trees in subdivisions until prior to occupancy of single-family homes. ID 24-102 ADOPTED Pass
  36. 33 UNSCHEDULED COMMUNICATION
  37. 34 PLEASE NOTE: UNSCHEDULED COMMUNICATION IS NOT SCHEDULED FOR A SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING
  38. 2. CONSENT CALENDAR
  39. 2.-A. Approval of minutes for January 11, 2024, Regular Meeting ID 24-89 TABLED
  40. 2.-B. ***RESOLUTION - Authorizing and directing a grant application to the California Interagency Council on Homelessness (Cal ICH) for funding under the Encampment Resolution Funding Program, round 3, third disbursement (ERF-3-R) for actionable, person-centered local proposals that resolve the experience of unsheltered homelessness for people residing in encampments, and authorizing the City Manager to sign all required application documents. (Subject to Mayor’s Veto) ADOPTED Pass
  41. 38 PAGE BREAK
  42. 2.-C. Approve the appointment of Katie Botello to the Fresno/Clovis Community Media Authority to a term ending June 30, 2024. Approve the appointment of Ward Scheitrum to the Consolidated Mosquito Abatement District to a term ending December 31, 2024. Approve the appointment of Christina Soto to the Parks, Recreation, and Arts Commission for a term ending July 1, 2025. ID 24-84 ADOPTED Pass
  43. 2.-D. Award a requirements contract for Liquid Natural Gas (LNG) fuel to Clean Energy of Newport Beach, California for two years, with three optional one-year extensions, for an amount not to exceed $2,059,500 per year plus annual CPI adjustments (Bid File 12400370) ADOPTED Pass
  44. 2.-E. ***RESOLUTION - Authorizing the City Manager or designee to accept grant funding from Pacific Gas and Electric Company (PG&E) to reimburse the City of Fresno PARCS Department in the amount of $34,938.10 for costs associated with the 2023 cooling center operations and authorize the City Manager or designee to respond to PG&E’s 2024 grant solicitation to seek reimbursement for costs associated with the 2024 cooling center operations (Subject to Mayor’s Veto) ID 24-67 ADOPTED Pass
  45. 2.-F. Action pertaining to proposed changes to the fees for Camp Fresno, Camp Fresno Jr., and Riverside Golf Course: 1. ***RESOLUTION - Authorizing City’s Parks, After School, Recreation and Community Services Department to administratively update the Master Fee Schedule annually to update fees for Camp Fresno, Camp Fresno Jr., and Riverside Golf Course to reflect the twelve-month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (Subject to Mayor’s Veto) 2. ***RESOLUTION - Adopting the 579th update to the Master Fee Schedule Resolution No. 80-420 to adjust fees for Riverside Golf Municipal Golf Course and Camp Fresno (Subject to Mayor’s Veto) ID 24-77 ADOPTED Pass
  46. 2.-G. ***RESOLUTION - Adopting the 31st Amendment to the Annual Appropriation Resolution No. 2023-185 to appropriate $223,100 into the Parks, After School, Recreation, and Community Services (PARCS) budget, from the California Office of Traffic Safety (CA OTS) to fund the City of Fresno Bicycle and Pedestrian Safety Program. (Citywide) (Subject to Mayor’s Veto) (Requires 5 Affirmative Votes) ID 24-72 ADOPTED Pass
  47. 2.-H. 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). TABLED
  48. 2.-I. Approve a Project-Specific Tax Sharing Agreement Between the City of Fresno and the County of Fresno Regarding Bullard-Maroa Reorganization No. 3 for approximately 1.43 acres of property located on the south side of West Bullard Avenue between North Maroa and North Winchester Avenues (Council District 4). ADOPTED Pass
  49. 2.-J. Actions pertaining to the Heritage Estates homeownership development project located at East Florence Avenue and South Plumas Street in Southwest Fresno (District 3): 1. Approve a Permanent Local Housing Allocation (PLHA) Agreement with the Housing Authority of the City of Fresno in the amount of $3,062,689 for the pre-development and construction of the Heritage Estates homeownership development project. 2. Authorize the utilization of up to $1,400,000 in accumulated CalHome Program Income for first-time homebuyer mortgage assistance. ADOPTED Pass
  50. 2.-K. Actions pertaining to Amendment Application No. P23-02808 and related Environmental Finding For Environmental Assessment No. P23-02808 amending Subsection E of Section 3314 of Chapter 15 of the Fresno Municipal Code related to tentative map appeal hearings - Planning & Development Department. 1. ***BILL B-1 (Intro’d 1/11/2024)(For Adoption) Amending Subsection E to Section 3314 of Chapter 15 of the Fresno Municipal Code relating to the language of the required tentative map appeal hearing date from 30 days to 45 days (Subject to Mayor’s Veto) ID 24-106
  51. 47 The above minutes were approved by unanimous vote of the City Council during the February 1, 2024, regular meeting.
  52. 2.-L. Approve the First Amendment to the Utility Relocation, Adjustment, and/or Protection Agreement with CenturyLink Communications, LLC., to increase the contract amount by $102,955.79, for a total amended contract amount of $778,037.57 (Council District 3, 5 and Fresno County) ADOPTED Pass
  53. 2.-M. ***RESOLUTION - Supporting Corporation for Better Housing and/or Integrated Community Development, LLC’s submission of a low-income housing tax credit application for the construction of affordable senior housing located at 4323-4333 North Blackstone Avenue, and expressing the City’s intent to contribute to the project in an amount not to exceed $15,000,000 upon full award of tax credit funding and Developer’s completion of the project (Subject to Mayor’s veto) ID 24-110 ADOPTED Pass
  54. 50 CONTESTED CONSENT CALENDAR
  55. 3. GENERAL ADMINISTRATION
  56. 4. CITY COUNCIL
  57. 5. CLOSED SESSION
  58. 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)
  59. 5.-B. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Case Name: Keith Davis v. City of Fresno, PSI, administered by Tristar Risk Management; Tristar Claim Nos.: 01162707 and 01166238. ID 24-71
  60. 5.-C. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Case Name: Mark Hudson v. City of Fresno, PSI, administered by Tristar Risk Management; Tristar Claim No.: 1010104574-ADR-1. ID 24-73
  61. 5.-D. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Case Name: Keith Kobashi v. City of Fresno, PSI, Administered by Tristar Risk Management, Claim No.: 1010103434-ADR-1. ID 24-74
  62. 5.-E. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Catherine Smith v. City of Fresno; Fresno Superior Court Case No.: 20CECG01538 ID 24-85
  63. 5.-F. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) and (2) Jeffrey Logue v. City of Fresno; Claim No. 2020042098 and CSMCS #ARB-20-0137. ID 24-90
  64. 5.-G. CONFERENCE WITH LABOR NEGOTIATORS - Government Code Section 54957.6 City Negotiators: Jennifer Misner Employee Organization(s): City of Fresno Professional Employees Association (CFPEA). ID 24-103
  65. 5.-H. PUBLIC EMPLOYEE PERFORMANCE EVALUATION 1. Government Code Section 54957(b): consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee. Title: City Attorney 2. Government Code Section 54957.6: conference with labor negotiator. City Negotiator: Councilmember Tyler Maxwell. Unrepresented Employee: City Attorney ID 24-107
  66. 62 ADJOURNMENT
  67. 63 UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS
  68. 64 UPCOMING EMPLOYEE CEREMONIES
  69. 65 2024 CITY COUNCIL MEETING SCHEDULE