Thursday, February 1, 2024
9:00 AM
City of Fresno
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
Council Chambers (In Person and/or Electronic)
https://www.fresno.gov/council-meeting
City Council
President - Annalisa Perea
Vice President - Mike Karbassi
Councilmembers:
Miguel Angel Arias, Tyler Maxwell, Luis Chavez,
Garry Bredefeld, Nelson Esparza
City Manager - Georgeanne A. White
City Attorney - Andrew Janz
City Clerk - Todd Stermer, CMC
Meeting Agenda - Final-revised
Regular Meeting
February 1, 2024City Council Meeting Agenda -
Final-revised
THE FRESNO CITY COUNCIL WELCOMES YOU TO CITY COUNCIL CHAMBER, LOCATED IN CITY HALL, 2ND FLOOR, 2600 FRESNO STREET, FRESNO, CALIFORNIA 93721.
PUBLIC PARTICIPATION – Public participation during Fresno City Council meetings is always encouraged and can occur in one of the two following ways:
1) Participate In Person: Council Chambers, City Hall, 2nd Floor, 2600 Fresno Street, Fresno, CA 93721
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. 2) Participate Remotely via Zoom: https://www.fresno.gov/council-meeting 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.
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:
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.
February 1, 2024City Council Meeting Agenda -
Final-revised
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/
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).
a) E-mail the Clerk’s Office at [email protected]
b) E-mails should include the agenda date, and the related agenda item number.
VIEWING CITY COUNCIL MEETINGS (non-participatory) - For your convenience, there are several ways to view Fresno City Council meetings live:
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 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 [email protected]. 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.
February 1, 2024City Council Meeting Agenda -
Final-revised
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.
February 1, 2024City Council Meeting Agenda -
Final-revised
9:00 A.M. ROLL CALL
Invocation
Pledge of Allegiance to the Flag
APPROVE AGENDA
CEREMONIAL PRESENTATIONS
Proclamation for "Black History Month"ID 24-124
Sponsors: Councilmember Esparza and Council President Perea Proclamation for "Saint George Greek Orthodox Church
100th Anniversary
ID 24-197
Sponsors: Councilmember Esparza and Office of Mayor & City Manager Proclamation for “Sally Caglia”ID 24-155
Sponsors: Vice President Karbassi
Proclamation to recognize “Cónsul Titular Adriana González Carrillo.”
ID 24-126
Sponsors: Councilmember Arias and Councilmember Esparza Proclamation for “Teen Dating Violence Awareness Month”ID 24-97 Sponsors: Councilmember Maxwell
COUNCILMEMBER REPORTS AND COMMENTS
MAYOR/MANAGER REPORTS AND COMMENTS
CITY CLERK AND CITY ATTORNEY REPORTS AND COMMENTS
1. SCHEDULED COUNCIL HEARINGS AND MATTERS
10:00 A.M.
HEARING to consider Development Permit Application No.
P21-02699, Vesting Tentative Parcel Map No. 2021-09, and related Final Environmental Impact Report (FEIR), State ID 24-111
February 1, 2024City Council Meeting Agenda -
Final-revised
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.
Sponsors: Planning and Development Department
February 1, 2024City Council Meeting Agenda -
Final-revised
10:03 A.M.
Appearance by Patricia Gregory to discuss 300 feet of graffiti on West Ave.
ID 24-161
Sponsors: Office of the City Clerk
2. CONSENT CALENDAR
Approval of minutes for January 11, 2024, Regular Meeting and minutes for January 18, 2024, Regular Meeting.
ID 24-1582.-A.
Sponsors: Office of the City Clerk
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
ID 24-1322.-B.
February 1, 2024City Council Meeting Agenda -
Final-revised
consultant services agreement on behalf of the City.
Sponsors: Budget and Management Studies Department
***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 24-922.-C.
Sponsors: Budget and Management Studies Department
*** 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 24-1662.-D.
Sponsors: Budget and Management Studies Department
***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 24-1312.-E.
Sponsors: Office of Mayor & City Manager and Finance Department 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)
ID 24-612.-F.
Sponsors: Information Services Department
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 24-912.-G.
Sponsors: Capital Projects Department and Public Works Department
February 1, 2024City Council Meeting Agenda -
Final-revised
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 24-1012.-H.
Sponsors: Capital Projects Department and Public Works Department 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 24-962.-I.
Sponsors: Capital Projects Department and Public Works Department 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 24-982.-J.
Sponsors: Capital Projects Department and Public Works Department 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 24-1172.-K.
Sponsors: Capital Projects Department and Public Works Department RESOLUTION - Authorizing the Submission of a Grant ID 24-1292.-L.
February 1, 2024City Council Meeting Agenda -
Final-revised
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).
Sponsors: Public Works Department
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 24-1482.-M.
Sponsors: Public Works Department
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 24-942.-N.
Sponsors: Public Works Department
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 ID 24-1222.-O.
February 1, 2024City Council Meeting Agenda -
Final-revised
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.
Sponsors: Department of Public Utilities
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 24-1212.-P.
Sponsors: Department of Public Utilities
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 24-1592.-Q.
Sponsors: Personnel Services Department
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 24-1512.-R.
Sponsors: Personnel Services Department
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 24-1752.-S.
Sponsors: Personnel Services Department
Approve the American Rescue Plan Act HOME Investment
Partnerships Program (HOME-ARP) Grant agreement
between the City of Fresno and WestCare California Inc.
ID 24-142.-T.
February 1, 2024City Council Meeting Agenda -
Final-revised
(WestCare) in the amount of $445,000 to provide homeless prevention services, short- and medium-term rental
assistance, and case management.
Sponsors: Planning and Development Department
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 24-1712.-U.
Sponsors: Council President Perea and Office of Mayor & City Manager Council Boards and Commissions Communications, Reports, Assignments and/or Appointments, Reappointments,
Removals to/from City and non-City Boards and
Commissions.
ID 24-1272.-V.
Sponsors: Council President Perea
RESOLUTION - to dissolve the Redevelopment Agency
Transition Subcommittee.
ID 24-1282.-W.
Sponsors: Council President Perea and Office of the City Clerk ***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 24-1942.-X.
Sponsors: Councilmember Arias
February 1, 2024City Council Meeting Agenda -
Final-revised
***RESOLUTION - To adopt rules and regulations for the
purpose of vending in City of Fresno Parks (Subject to
Mayor’s Veto)
ID 24-1672.-Y.
Sponsors: Councilmember Arias and Councilmember Chavez
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 24-1542.-Z.
Sponsors: Councilmember Chavez
***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 24-1772.
-AA.
Sponsors: Councilmember Esparza and City Attorney's Office ***RESOLUTION - Authorizing the Fresno City Attorney’s
Office to Investigate and Prosecute Employer Wage Theft (Subject to Mayor’s Veto)
ID 24-1922.
-BB.
Sponsors: Councilmember Maxwell and City Attorney's Office
CONTESTED CONSENT CALENDAR
3. GENERAL ADMINISTRATION
UNSCHEDULED COMMUNICATION
PLEASE NOTE: UNSCHEDULED COMMUNICATION IS NOT SCHEDULED FOR A
SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING
February 1, 2024City Council Meeting Agenda -
Final-revised
4. CITY COUNCIL
5. CLOSED SESSION
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 24-1995.-A.
Sponsors: Office of Mayor & City Manager
ADJOURNMENT
UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS
APRIL 18 2024
10:00 A.M. - 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 (Parcel Map Number 2004-36) (East Belmont Avenue and North Laverne Avenue) (Council District 5)
UPCOMING EMPLOYEE CEREMONIES
EMPLOYEE OF THE QUARTER - 10:00 A.M
• April 3, 2024 (Wednesday) - Employee of the Spring Quarter • July 17, 2024 (Wednesday) - Employee of the Summer Quarter • October 16, 2024 (Wednesday) - Employee of the Fall Quarter EMPLOYEE SERVICE AWARDS - 10:00 A.M.
February 1, 2024City Council Meeting Agenda -
Final-revised
• April 17, 2024 (Wednesday) - Employee Service Awards
• November 20, 2024 (Wednesday) - Employee Service Awards 2024 CITY COUNCIL MEETING SCHEDULE
February 22, 2024 - 9:00 A.M.
March 7, 2024 - 9:00 A.M.
March 21, 2024 - 9:00 A.M.
April 4, 2024 - 9:00 A.M.
April 18, 2024 - 9:00 A.M.
May 2, 2024 - 9:00 A.M.
May 16, 2024 - 9:00 A.M.
May 23, 2024 - 9:00 A.M.