City of Fresno

2600 Fresno Street

Fresno, CA 93721

www.fresno.gov

Meeting Agenda - Final

Thursday, December 7, 2023

9:00 AM

Regular Meeting

Council Chambers (In Person and/or Electronic)

City Council

President - Tyler Maxwell

Vice President - Annalisa Perea

Councilmembers:

Mike Karbassi, Miguel Angel Arias, Luis Chavez,

Garry Bredefeld, Nelson Esparza

City Manager - Georgeanne A. White

City Attorney - Andrew Janz

City Clerk - Todd Stermer, CMC

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://fresno-gov.zoom.us/webinar/register/WN_TFimc9HaTuGf326RtQY1NQ

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.

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 clerk@fresno.gov

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 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.

9:00 A.M. ROLL CALL

Invocation by Rev. Pete Marquez, Deacon from Holy Spirit Catholic Church

Pledge of Allegiance to the Flag

APPROVE AGENDA

CEREMONIAL PRESENTATIONS

ID 23-1753

Proclamation for “Fresno Unified School District’s Expanded

Learning Camps”

Councilmember Arias

Sponsors:

ID 23-1636

“Haron Family Legacy Day”

Office of Mayor & City Manager

Sponsors:

COUNCILMEMBER REPORTS AND COMMENTS

MAYOR/MANAGER REPORTS AND COMMENTS

CITY CLERK AND CITY ATTORNEY REPORTS AND COMMENTS

UNSCHEDULED COMMUNICATION

PLEASE NOTE: UNSCHEDULED COMMUNICATION IS NOT SCHEDULED FOR A

SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING

1. CONSENT CALENDAR

1.-A. ID 23-1737

Approval of Minutes for November 16, 2023, Regular Meeting

Office of the City Clerk

Sponsors:

1.-B. ID 23-1600

Approval of City Council Meeting Schedule for Calendar Year

2024.

Office of the City Clerk

Sponsors:

1.-C. ID 23-1701

RESOLUTION - amending certain designated positions

which shall be subject to the conflict of interest code and

defining categories of disclosures for such positions

Office of the City Clerk

Sponsors:

1.-D. ID 23-1728

Actions pertaining to Warming Centers:

1. ***RESOLUTION - Amending Resolution 2022-212,

Establishing a Policy for City Cooling and Warming Centers.

(Subject to Mayor’s Veto)

2. Approve a Services Agreement with Poverello House, in

an Amount Not to Exceed $356,500.00, to Operate City of

Fresno Warming Centers.

Office of Mayor & City Manager

Sponsors:

1.-E. ID 23-1775

RESOLUTION - to Decrease the Animal Intake at the City of

Fresno Animal Center

Office of Mayor & City Manager, Council President Maxwell,

Vice President Perea and Councilmember Karbassi

Sponsors:

1.-F. ID 23-1703

Actions related to amending agreement #A211006364 with

the California Office of Emergency

Services (Cal OES)

1. Approve acceptance of Cal OES amendments one

through five for an increase of $341,800 for Haz Mat training

agreement #A211006364 and authorize the Fire Chief to

compensate Fire personnel to staff vacancies caused by

training attendance.

2. ***RESOLUTION - Adopt the 28th Amendment to the

Annual Appropriation Resolution 2023-185 to appropriate

$341,800 from the Cal OES to provide Haz Mat training

(Requires Five Affirmative Votes) (Subject to Mayor’s Veto).

Fire Department

Sponsors:

1.-G. ID 23-1621

Approve the award of a cooperative purchase agreement to

Pape Kenworth of Fresno, California, for the purchase of

three Kenworth T880 dump trucks in the amount of $805,471

for the Department of Public Works.

General Services Department

Sponsors:

1.-H. ID 23-1622

Approve the award of a cooperative purchase agreement to

Haaker Equipment Company Inc. of La Verne, California, for

the purchase of one Elgin CNG Broom Bear street sweeper

in the amount of $586,677 for Department of Public Utilities,

Solid Waste Management Division.

General Services Department

Sponsors:

1.-I. ID 23-1713

Approve the award of a citywide Requirements Contract to

Home Depot USA, Inc. of Fresno, California for three years

for the purchase of maintenance, repair, operating supplies,

industrial supplies, and related products, not-to-exceed

$250,000 per year plus annual CPI increases (Bid File 9678).

General Services Department

Sponsors:

1.-J. ID 23-1707

Actions pertaining to a lease agreement between the City of

Fresno and 747 R Street, LLC, a California limited liability

company, for the lease of office space located at 747 R

Street (Council District 3):

1. Adopt a finding of Categorical Exemption per staff

determination, pursuant to Section 15301/Class 1 (Existing

Facilities) of the California Environmental Quality Act (CEQA)

Guidelines

2. Approve a seven-year lease agreement between the City

of Fresno and 747 R Street, LLC, a California limited liability

company, with three optional one-year extensions in the

amount of $800,301.60 annually, with annual increases of

3%, plus the proportionate CAM (Common Area

Maintenance) charges at $364,581.84 annually

General Services Department and Capital Projects

Department

Sponsors:

1.-K. ID 23-1718

Sponsors:

RESOLUTION - Adopting modifications to the Measure P

Expanded Access to Arts and Culture Grant Guidelines

Parks, After School and Recreation and Community Services

Department

1.-L. ID 23-1694

***RESOLUTION - Approving the Application for Outdoor

Equity Grants Program (OEP) Funds totaling up to $300,000

to expand science education and access to outdoor

recreation, and authorizing the City Manager or designee to

execute all related grant documents (Subject to Mayor’s Veto)

(District 3.)

Parks, After School and Recreation and Community Services

Department

Sponsors:

1.-M. ID 23-1727

***RESOLUTION - Adopt the Eighth Amendment to FY 2024

Salary Resolution No. 2023-183, amending Exhibit 8, Unit 8,

Non-Represented to increase the salary range for the

Cashier Clerk, Lifeguard, Services Aide, Intern, Youth Jobs

Corps Program Ambassador, and Youth Jobs Corps Program

Participant classifications from $15.50 - $19.50 per hour to

$16.00 - $20.00 per hour; increase the Police Cadet I

classification salary range from $15.50 - $20.50 to $16.00 to

$21.00 per hour; increase the Senior Lifeguard and Youth

Jobs Corps Program Mentor classification salary range from

$16.00 - $20.50 to $16.50 - $21.00 per hour; and adjust the

Sports Official salary from $15.50 - $50.00 Per Game to

$16.00 - $25.00 Per Hour; effective January 1, 2024 (Subject

to Mayor’s Veto).

Personnel Services Department

Sponsors:

1.-N. ID 23-1563

*** RESOLUTION - Declaring a 0.91-acre parcel of land

identified as Assessor’s Parcel Number 436-260-22 to be

exempt surplus land and directing staff to comply with the

open and competitive request for proposals (RFP) process

for the disposition of this property for an affordable housing

development as required by Fresno Municipal Code Section

4-204 (Council District 4) (Subject to Mayor’s Veto)

Planning and Development Department

Sponsors:

1.-O. ID 23-1598

Approve the Second Amendment to the Agreement with

Poverello House for Homeless Family Services extending the

contract term to June 30, 2024, and increasing funding by

$31,680.00 for a total amount of $298,221.87.

Planning and Development Department

Sponsors:

1.-P. ID 23-1758

***RESOLUTION - Adopting the 581st amendment to the

Master Fee Schedule No. 80-420 to increase event parking

fees under the Planning and Development Section (Subject

to Mayor’s Veto)

Planning and Development Department

Sponsors:

1.-Q. ID 23-1521

Actions pertaining to Dickey Parking Lot Security Gate

Project (Bid File 12301721) (Council District 3):

1. Adopt a finding of Categorical Exemption per staff’s

determination, pursuant to Section 15301 of the California

Environmental Quality Act (CEQA) Guidelines

2. ***RESOLUTION - Adopting the 19th Amendment of the

Annual Appropriation Resolution (AAR) No. 2023-185

appropriating $322,000 for construction of the Parking Lot

Security Gate Project at the Dickey Youth Community Center

(Requires 5 Affirmative Votes) (Subject to Mayor’s Veto)

3. Award a construction contract in the amount of $332,098

to Alliance Construction Solutions, Inc. of Madera, California,

as the lowest responsive and responsible bidder for Dickey

Parking Lot Security Gate Project

Capital Projects Department, Parks, After School and

Recreation and Community Services Department

Sponsors:

1.-R. ID 23-1702

Approve a substitution of a listed subcontractor Avila Traffic

Safety, for the Midtown Trail Segment 1 (Phase I) Project

(Council District 7)

Capital Projects Department and Public Works Department

Sponsors:

1.-S. ID 23-1709

Award a construction contract in the amount of $5,296,359 to

Avison Construction, Inc of Madera, California for the

Chinatown Sustainable Transportation Infrastructure Project

1 and Chinatown Urban Greening Project 6 - Bid File No.

12302719 (Council District 3).

Capital Projects Department and Public Works Department

Sponsors:

1.-T. ID 23-1710

Actions pertaining to the Southbound Polk Avenue Widening

Project between Shaw Avenue and Gettysburg Avenue

(Council District 1):

1. Adopt a finding of Negative Declaration per staff

determination, pursuant to Sections 15070 to 15075 of the

California Environmental Quality Act (CEQA) guidelines

2. Approve the Agreement for Purchase and Sale of Real

Property and Escrow Instructions to acquire fee interest of a

0.163-acre (7,087 square feet) parcel, improved with a

single-family residence located at 4919 North Polk Avenue

(Assessor’s Parcel Number (APN) 510-120-13), owned by

Carolyn S. Brown, in the amount of $298,000.00, for the

construction of the widening of Southbound Polk Avenue

between Shaw Avenue and Gettysburg Avenue

Capital Projects Department and Public Works Department

Sponsors:

1.-U. ID 23-1706

Approve a cooperative purchase agreement with SNF

Polydyne, Inc., for the purchase of Cationic Polymer in the

amount of $3,700,000 per year plus annual consumer price

index increases, for the Fresno-Clovis Regional Wastewater

Reclamation Facility (Bid File 12303012) (Citywide)

Department of Public Utilities

Sponsors:

1.-V. ID 23-1716

Approve the Fifth Amendment to the consultant services

agreement with Carollo Engineers, Inc., to extend the term of

the agreement from December 31, 2023, to December 31,

2025 to respond to pending comments from the Central

Valley Regional Water Quality Control Board (Regional

Board) (Citywide).

Department of Public Utilities

Sponsors:

1.-W. ID 23-1717

***RESOLUTION - Authorizing the Department of Public

Utilities to apply for and participate in the California Extended

Water and Wastewater Arrearage Payment Program (Subject

to Mayor’s Veto) (Citywide).

Department of Public Utilities

Sponsors:

1.-X. ID 23-1723

***RESOLUTION - Authorize the Director of Public Utilities or

designee(s) to prepare and submit applications, accept

funds, and execute the financial assistance agreements and

any amendments thereto with the California State Water

Resources Control Board on behalf of the City of Fresno for

the planning, design, and construction of water infrastructure

to serve the communities of New Horizon Mobile Home Park

and Del Oro-Metropolitan District: City Of Fresno Regional

Consolidation Project Group 1. (Unincorporated Fresno

County) (Subject to Mayor’s Veto)

Department of Public Utilities

Sponsors:

1.-Y. ID 23-1665

Actions pertaining to the dedication of those portions of

City-owned property for the purpose of a public street

easement, to accommodate the construction of Merced Street

between Congo Alley and H Street (Council District 3):

1. Adopt a finding of Categorical Exemption per staff

determination, pursuant to Section 15302 of the California

Environmental Quality Act (CEQA) Guidelines, Environmental

Impact Report Number 10126

2. RESOLUTION - Dedicating those portions of City-owned

property for public street purposes to accommodate the

construction of Merced Street between Congo Alley and H

Street

Public Works Department

Sponsors:

1.-Z. ID 23-1682

***RESOLUTION - Authorizing the submission of a grant

application to the United States Department of Energy for up

to $494,390 in funding from the 2023 Energy Efficiency and

Conservation Block Grant Program; and authorizing the

execution of grant application and grant agreement

documents by the Public Works Director or designee.

(Subject to Mayor’s Veto)

Public Works Department

Sponsors:

ID 23-1696

RESOLUTION - Authorizing the Submission of a Grant

Application to the Fresno Council of Governments (Fresno

COG) for the 2023 Regional Early Action Plan 2.0 Grant

Program (REAP)for Capital Improvement Projects that

Promote In-Fill Affordable Housing near High-Quality Transit

in an amount not to exceed $13,000,000 for the further

implementation and construction of the Blackstone Avenue

Smart Mobility Project from State Route 180 to Pine Avenue;

and Authorizing the Execution of Grant Application and Grant

Agreement Documents by the Public Works Director or

Designee (Council Districts 1, 3 and 7)

-AA.

Public Works Department

Sponsors:

ID 23-1699

Approve the First Amendment to the Consultant Services

Agreement with Dudek extending the consultants

-BB.

performance period by three months to March 31, 2024, to

continue professional services related to the development of

the Urban Forest Management Plan (Citywide).

Public Works Department

Sponsors:

ID 23-1764

Approve a Marketing Agreement with Utility Service Partners

Private Label Inc., dba SLWA Insurance Services, in the

amount of $123,000 per year for a total of $615,000 to be

paid to the City of Fresno, to market service plans city

residents for sewer and water line laterals

-CC.

Councilmember Esparza

Sponsors:

THE CITY IN ITS CAPACITY AS HOUSING SUCCESSOR TO THE

REDEVELOPMENT AGENCY OF THE CITY OF FRESNO

AND FRESNO REVITALIZATION CORPORATION

ID 23-1773

Approve Amendment to Owner Participation Agreement with

Essayons, LP relating to the Hye Court Project located at 450

M Street to provide up to an additional $94,277 for

-DD.

unexpected costs associated with ensuring the historic

integrity of the Project (City as Housing Successor and FRC

Action).

Successor Agency to the Redevelopment Agency and

Councilmember Arias

Sponsors:

CONTESTED CONSENT CALENDAR

2. SCHEDULED COUNCIL HEARINGS AND MATTERS

10:00 A.M.

ID 23-1697

HEARING to adopt resolutions and ordinance to annex

territory and levy a special tax regarding City of Fresno

Community Facilities District Number 11, Annexation Number

147 (Final Tract Map Number 6269) (Located on the

southwest corner of Willow Avenue and Alicante Drive)

(Council District 6):

1. ***RESOLUTION - to Annex Territory to Community

Facilities District No. 11 and Authorizing the Levy of a Special

Tax for Annexation No. 147 (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. 147 (Subject to Mayor’s Veto)

Public Works Department

Sponsors:

10:05 A.M.

ID 23-1654

HEARING to obtain public comments regarding community

needs for consideration in the development of the 2024-2025

Annual Action Plan for federal funding through the U.S.

Department of Housing and Urban Development’s Office of

Community Planning and Development (HUD CPD).

Planning and Development Department

Sponsors:

10:15 A.M.

ID 23-1720

Appearance by Patricia Ann Dickson to discuss illegal

electrical activity and currency in practice on the westside of

Fresno ( District 3 Resident)

Office of the City Clerk

Sponsors:

3:30 P.M.

ID 23-1671

Actions pertaining to the Fresno Quality HK affordable

housing development located at 6051 North Thesta Street,

Fresno, California (District 6):

1. ***RESOLUTION - Authorizing acceptance of funding from

the California Department of Housing and Community

Development Homekey Round 3 Program in the amount of

$16,450,000 for the Fresno Quality HK project and

authorizing the City Manager, or designee, to enter into and

execute a standard agreement to secure the Homekey Round

3 program funds and participate in the Homekey Round 3

Program. (Subject to Mayor’s veto)

2. ***RESOLUTION - Adopt the 27th Amendment to the

Annual Appropriation Resolution (AAR) No. 2023-185 to

appropriate $16,450,000 for the Fresno Quality HK project

from the Homekey Round 3 Program Grant. (Requires 5

Affirmative Votes) (Subject to Mayor’s veto)

3. ***RESOLUTION - Initiating a rezone to remove a

condition of zoning requiring a recorded covenant for real

property located at 6051 North Thesta Street, APN 409-20-

043 pursuant to Fresno Municipal Code Section 15-5803-B.

4. Approve a HOME Investment Partnerships - American

Rescue Plan Program (HOME-ARP) Agreement with Fresno

Quality Homekey LP, in the amount of $1,749,835.24 to

acquire the Fresno Quality Inn for affordable housing

development.

5. Approve a Community Development Block Grant (CDBG)

Agreement with Fresno Quality Homekey LP, in the amount

of $4,250,164.76 to acquire the Fresno Quality Inn for

affordable housing development.

6. Approve a Cost Sharing and Reimbursement Agreement

between the City of Fresno and Fresno Quality Homekey LP

and UP Holdings, LLC.

7. Approve a Rental Assistance Agreement between the City

of Fresno and Fresno Quality Homekey LP, in the amount of

$690,000 in rental subsidy funds for the Fresno Quality HK

project.

Planning and Development Department

Sponsors:

3. GENERAL ADMINISTRATION

4. CITY COUNCIL

5. CLOSED SESSION

5.-A. ID 23-1755

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED

LITIGATION

Government Code Section 54956.9, subdivision (d)(2)

Case Name: Ignacio Ruiz v. City of Fresno

City Attorney's Office

Sponsors:

5.-B. ID 23-1772

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED

LITIGATION

Government Code Section 54956.9, subdivision (d)(4): 1

potential case

City Attorney's Office

Sponsors:

5.-C. ID 23-1741

CONFERENCE WITH LEGAL COUNSEL-EXISTING

LITIGATION

Government Code Section 54956.9, subdivision (d)(1)

Pauline Nickels v. City of Fresno, et al.; Fresno Superior

Court Case No.: 20CECG01119

City Attorney's Office

Sponsors:

5.-D. ID 23-1743

CONFERENCE WITH LEGAL COUNSEL-EXISTING

LITIGATION

Government Code Section 54956.9, subdivision (d)(1)

Case Name: Brian Martens v. City of Fresno, et al.; Tristar

Risk Management Claim No.: 1010104351-ADR-1

City Attorney's Office

Sponsors:

5.-E. ID 23-1746

CONFERENCE WITH LEGAL COUNSEL-EXISTING

LITIGATION

Government Code Section 54956.9, subdivision (d)(1)

Case Name: Thomas Rowe v. City of Fresno, et al.; Tristar

Risk Management Claim No.: 1010105295-ADR-1

City Attorney's Office

Sponsors:

5.-F. ID 23-1750

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 Clerk

2. Government Code Section 54957.6: conference with labor

negotiator. City Negotiator: Council President Tyler Maxwell.

Unrepresented Employee: City Clerk

Council President Maxwell

Sponsors:

ADJOURNMENT

UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS

DECEMBER 14, 2023

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 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

10:05 A.M. -HEARING for Consideration of Text Amendment Application No.

P23-01018 and related Environmental Finding for Environmental Assessment No.

P23-01018, amending Section 15-2009 of the Fresno Municipal Code, relating to

Zone Districts where razor wire fencing is permitted.

10:10 A.M. -HEARING to consider Text Amendment Application No. P23-02808

and related Environmental Finding - Planning & Development Department.

10:15 A.M. -HEARING to consider Annexation Application No. P23-03757;

Pre-zone Application No. P23-03758; and related Environmental Assessment No.

P23-03757/P23-03758 for approximately 141 acres of property generally located

along the north and south sides of West Ashlan Avenue between North Bryan and

North Polk Avenues

JANUARY 11, 2024

10:00 A.M. - Hold a public hearing and approve items related to the granting of a

Non-Exclusive Roll-Off Franchise for roll-off collection services (Citywide)