City of Fresno

2600 Fresno Street

Fresno, CA 93721

www.fresno.gov

Meeting Agenda - Final

Thursday, August 24, 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_6DUV1EVyRkGcmksgONPQ0w

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 Maggie Guekguezian from the Wesley United Methodist Church

Pledge of Allegiance to the Flag

APPROVE AGENDA

CEREMONIAL PRESENTATIONS

ID 23-1146

Proclamation for “Kapetan Brothers Day”

Councilmember Bredefeld

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 23-1265

Approval of Minutes for August 10, 2023, Regular Meeting.

Office of the City Clerk

Sponsors:

1.-B. ID 23-1203

Actions pertaining to the Fanning No. 76 Undergrounding

Project (Council District 3):

1. Adopt a finding of Categorical Exemption pursuant to

Section 15302/Class 2 of the California Environmental

Quality Act Guidelines

2. Approve a Joint Project Agreement with the Fresno

Irrigation District to provide for cost sharing on pipeline

construction, for an estimated City contribution in the amount

of $225,543.75

Capital Projects Department

Sponsors:

1.-C. ID 23-1196

Approve the award of a Requirements Contract for retreading

of commercial truck tires to Delray Tire and Retreading of

Fresno, California for two years with three one-year optional

extensions in the amount of $381,551.00, plus annual CPI

adjustments. (Bid File 9659)

General Services Department

Sponsors:

1.-D. ID 23-1224

Actions pertaining to a Lease Agreement between the City of

Fresno and Signature Flight Support LLC, a Delaware limited

liability company, for the continued lease of office/hangar

space for the Police Department’s Air Support Unit located at

4941 E Andersen, at the Fresno Yosemite International

Airport

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 three-and-a-half-year lease agreement

between the City of Fresno and Signature Flight Support

LLC, a Delaware limited liability company in the amount of

$44,604 annually, with annual increases by the greater of

3.5% or the CPI Adjustment, plus the proportionate CAM

(Common Area Maintenance) charges at $2,220 annually

General Services Department and Police Department

Sponsors:

1.-E. ID 23-1231

Award a purchase contract to Toyota of Selma, CA, for the

purchase of 11 Toyota Prius in the amount of $330,815.38 to

be utilized by the City Attorney’s Office Code Enforcement

Division and the Planning & Development Department (Bid

File 12302272)

General Services Department

Sponsors:

1.-F. ID 23-1251

Approve the appointment of Al Moncada to the Mobile Home

Rent Review and Stabilization Commission as an At-Large

Member for a term ending 6/30/2025. Approve the

appointment of Lisa Talley to the Fresno/Clovis Community

Media Authority for a term ending 6/30/2025.

Office of Mayor & City Manager

Sponsors:

1.-G. ID 23-1234

***RESOLUTION - Authorizing the City Manager or Designee

to apply for a $500,000 grant from the California Strategic

Growth Council to fund community resilience center planning

and execute any grant related documents on behalf of the

City (Citywide) (Subject to Mayor’s Veto)

Parks, After School and Recreation and Community Services

Department

Sponsors:

1.-H. ID 23-1235

Actions pertaining to a grant agreement between the City of

Fresno and the Cecil C. Hinton Community Center, a

Non-Profit Corporation (District 3):

1. *** RESOLUTION - A Resolution of the Council of the City

of Fresno adopting the 11th Amendment to the Annual

Appropriation Resolution NO. 2023-185 reallocating

$500,000 in General Fund and American Rescue Plan

Act-ARPA (Revenue Replacement) Funding Between the

Echo Paving McKinley to Olive Project and the Hinton Center

Renovations (Requires five affirmative votes) (Subject to

Mayor’s Veto)

2. Approve a two-year, $500,000 Grant Agreement between

the City of Fresno and the Cecil C. Hinton Community Center

non-profit for the Hinton Center Project

3. Authorize the City Manager or designee to execute all

grant related documents on behalf of the City

Parks, After School and Recreation and Community Services

Department

Sponsors:

1.-I. ID 23-1215

Approve a consultant services agreement with JSA

Environmental Consulting in an amount not to exceed

$200,000.00 to provide professional lead-based paint

inspections, testing, risk assessments, and consultant

services for the City’s housing rehabilitation programs.

Planning and Development Department

Sponsors:

1.-J. ID 23-982

Actions pertaining to the West Area Neighborhoods Specific

Plan:

1. Approve a consultant services amendment with De Novo

Planning Group, for professional environmental analysis

services related to the West Area Neighborhoods Specific

Plan in the amount of $214,353.70.

Planning and Development Department

Sponsors:

1.-K. ID 23-1167

Consider Acceptance of the Kings Canyon Corridor Transit

Oriented Development Study:

1. Adopt a finding that the project is statutorily exempt from

the California Environmental Quality Act (CEQA) pursuant to

CEQA Guidelines Section 15262 as a feasibility study.

2. RESOLUTION - Accepting the Kings Canyon Corridor

Transit Oriented Development Study

Planning and Development Department

Sponsors:

1.-L. ID 23-1205

Actions pertaining to renewing the Workforce Connection

Young Adult Services Work Experience Agreement between

Fresno Regional Workforce Development Board (FRWDB)

and WIOA Young Adult FRWDB Provider of Service and the

City of Fresno. Per the original agreement FRWDB will

compensate up to 40 participants at minimum wage in an

amount not to exceed $140,400 and the City of Fresno will

serve as the worksite. This renewal is to complete the

entirety of the agreement for the remaining 22 participants

and be effective July 1, 2023 through June 30, 2024.

Personnel Services Department

Sponsors:

1.-M. ID 23-1248

Approve a Second Amendment Agreement to extend from

September 1, 2023 through August 31, 2026, for Employee

Assistance Program Services between the City of Fresno and

Halcyon Behavioral Employee Assistance with an expected

2024 Fiscal Year expense of $77,836, an expected 2025

Fiscal Year expense of $82,215, and an expected 2026

Fiscal Year expense of $86,593, for a total contract amount

of $246,644 and authorized by the Personnel Services

Director

Personnel Services Department

Sponsors:

1.-N. ID 23-1275

***Approve a Side Letter of Agreement with the Fresno Police

Officers Association (FPOA), for Unit 4 - Non-Management

Police, regarding Court Appearances (Subject to Mayor’s

Veto)

Personnel Services Department

Sponsors:

1.-O. ID 23-1149

BILL - (For Introduction)_-Amending Article 17, Chapter 9,

Sections 9-1702 9-1704, 9-1706, 9-1707, 9-1708, 9-1709,

9-1711, 9-1712 and 9-1713 of the Fresno Municipal Code as

it relates to police department dispatching of tow trucks.

Police Department

Sponsors:

1.-P. ID 23-1236

Approve the FY 23 annual participation agreement for the

Federal Equitable Sharing Agreement and Certification

Program for the disposition funds, including interest, forfeited

in connection with a crime and authorize the City Manager

and the Chief of Police to execute related documents.

Police Department

Sponsors:

1.-Q. ID 23-1001

Award of a Requirements Contract to Toter, LLC, for five

years, with two one-year optional extensions, in an amount of

$951,500 per year for the purchase of up to 15,000 refuse,

recycling, and green waste/organics containers using a

cooperative purchase agreement (Citywide).

Department of Public Utilities

Sponsors:

1.-R. ID 23-1163

Actions pertaining to the summary vacation of a storm drain

basin easement lying north of East Jensen Avenue, between

South Knight Avenue and South Martin Luther King Jr.

Boulevard (Council District 3):

1. Adopt a finding of Categorical Exemption per

Environmental Assessment Number PW13217 per staff

determination, pursuant to Section 15304/Class 4 of the

California Environmental Quality Act (CEQA) Guidelines

2. ***RESOLUTION - Ordering the summary vacation of a

storm drain basin easement lying north of East Jensen

Avenue, between South Knight Avenue and South Martin

Luther King Jr. Boulevard (Subject to Mayor’s Veto)

Public Works Department

Sponsors:

1.-S. ID 23-1230

*** RESOLUTION - Authorizing Submission of Applications

for Grant Funds in total amount of approximately $67,865,000

from the 2023/2024 Congestion Mitigation and Air Quality

Improvement Program, Carbon Reduction Program, and the

Surface Transportation Block Grant Program Call for Projects

from the Fresno Council of Governments and Authorizing the

Execution of all Application Related Documents by the Public

Works Director, the Transportation Director, or designees

(Citywide) (Subject to Mayor’s Veto)

Public Works Department and Department of Transportation

Sponsors:

1.-T. ID 23-1269

***Bill B-27 (Intro’d August 10, 2023) (For adoption) -

Amending Sections 3-610, 3-616, 7-1510, 9-234 and 9-915 of

the Fresno Municipal Code, relating to human rights,

including protections against discrimination based on an

individual’s caste and indigeneity (Subject to Mayor’s Veto)

Councilmember Arias, Councilmember Karbassi and Vice

President Perea

Sponsors:

1.-U. ID 23-1281

BILL - (for introduction) Adding Section 9-110 to Chapter 9 of

the Fresno Municipal Code, Adding the Infectious Disease

Lab Accountability and Transparency Ordinance.

Councilmember Bredefeld, Councilmember Arias and

Councilmember Esparza

Sponsors:

1.-V. ID 23-1282

***Resolution - To Implement a Public Transportation Agency

Safety Plan (Subject to Mayor’s Veto)

Council President Maxwell

Sponsors:

1.-W. ID 23-1284

Approve the appointment of Rodney Branch (District 4

Resident) to the Fresno Regional Workforce Development

Board for a term ending November 1, 2024.

Council President Maxwell

Sponsors:

1.-X. ID 23-1283

Approve a First Amendment to the Vendor Agreement with

Fresno Police & Neighborhood Watch for Outreach Services

to Extend the Term of the Agreement and Increase

Compensation in the Amount of $100,000.

Councilmember Esparza and Police Department

Sponsors:

CONTESTED CONSENT CALENDAR

2. SCHEDULED COUNCIL HEARINGS AND MATTERS

10:00 A.M.

ID 23-1227

Appearance by Maria Alvarez Garcia to discuss Demand

accountability for animal abuse and neglect and stop back

yard breeders! (Resident of District 1)

Office of the City Clerk

Sponsors:

10:03 A.M.

ID 23-1264

Appearance by Jose Velasquez to discuss Code enforcement

negligence/ adjacent field to my home causing damage to my

home due to fire (Resident of District 1)

Office of the City Clerk

Sponsors:

10:20 A.M.

ID 23-1233

Hearing to consider Development Permit Application No.

P22-01346 and related Environmental Assessment No.

P22-01346 pertaining to ±0.69 acres of property located on

the northwest corner of East McKinley and South Fine

Avenues (Council District 4) - Planning & Development

Department.

1. CONSIDER Environmental Assessment (EA) No. P21-

01346, dated December 8, 2022, a determination that the

proposed project is categorically exempt under Section

15332/Class 32 (In-Fill Development Project) of the State of

California Environmental Quality Act (CEQA) Guidelines; and,

2. DENY the appeal and UPHOLD the action of the Planning

Commission and Planning and Development Department

Director to approve Development Permit Application No. P22-

01346, authorizing the construction of an automated car

wash facility subject to compliance with the Conditions of

Approval dated December 8, 2022.

Planning and Development Department

Sponsors:

10:25 A.M.#1 (CONTINUED TO SEPTEMBER 14, 2023, AT 10:25

A.M.)

ID 23-1226

Consideration of an appeal filed regarding Vesting Tentative

Tract Map No. 6366, Planned Development Permit

Application No. P22-04877, and related Environmental

Assessment No. T-6366/P22-04877 for approximately 7.94

acres of property located on the west side of North Bliss

Avenue between East Shields and East Princeton Avenues

(Council District 7).

1. ADOPT Environmental Assessment No. T-6366/P22-

04877 dated July 12, 2023, an Addendum to Environmental

Assessment No. P22-01202, in accordance with Section

15164 of the California Environmental Quality Act (CEQA)

Guidelines.

2. DENY the appeal and UPHOLD the action of the Planning

Commission in the approval of Vesting Tentative Tract Map

No. 6366 proposing to subdivide approximately 7.94 acres of

the subject property into a 71-lot single-family residential

development subject to the following:

a. Development shall take place in accordance with the

Conditions of Approval for Vesting Tentative Tract Map No.

6366 dated August 2, 2023.

3. DENY the appeal and UPHOLD the action of the Planning

Commission in the approval of Planned Development Permit

Application No. P22-04877 proposing to modify the RS-5

(Single-Family Residential, Medium Density) zone district

development standards to allow for a reduction in the garage

setback, rear yard setback, garage to façade setback,

minimum lot size, minimum lot depth, an increase in maximum

lot coverage, and gated private streets subject to the

following:

a. Development shall take place in accordance with the

Conditions of Approval for Planned Development Permit

Application No. P22-04877 dated August 2, 2023.

Planning and Development Department

Sponsors:

10:25 A.M. #2 (CONTINUED TO SEPTEMBER 14, 2023, AT 10:25

A.M.)

ID 23-1252

Hearing to consider adoption of resolutions related to the

designation of properties to the Local Register of Historic

Resources and adoption of findings necessary to support

recommendation pursuant to FMC 12-1609

1. ***RESOLUTION - A Resolution of the City Council of the

City of Fresno, California, designating the Dr. Earl R. Meyers

Sr. & Mrs. Mattie B. Meyers Fresno Street Medical Arts

Center located at 444 Fresno Street, Fresno California to the

Local Register of Historic Resources (Council District 3)

(Subject to Mayor’s veto).

Planning and Development Department

Sponsors:

3. GENERAL ADMINISTRATION

4. CITY COUNCIL

5. CLOSED SESSION

5.-A. ID 23-1267

CONFERENCE WITH LEGAL COUNSEL-EXISTING

LITIGATION

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

HAVEN #20, LLC v. City of Fresno; Fresno Superior Court

Case No.: 22CECG00238

City Attorney's Office

Sponsors:

5.-B. ID 23-1261

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 23-1268

CONFERENCE WITH LABOR NEGOTIATORS -

Government Code Section 54957.6

City Negotiators: TJ Miller

Employee Organizations: 1. International Union of Operating

Engineers, Stationary Engineers, Local 39 (Local 39); 2.

Fresno City Employees Association (FCEA)

Office of Mayor & City Manager

Sponsors:

5.-D. ID 23-54

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: Council President Tyler Maxwell.

Unrepresented Employee: City Attorney

Council President Maxwell

Sponsors:

5.-E. ID 23-53

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

SEPTEMBER 14, 2023

10:25 A.M. – CONSIDERATION OF AN APPEAL FILED REGARDING VESTING

TENTATIVE TRACT MAP NO. 6366

SEPTEMBER 14, 2023

10:25 A.M. – HEARING TO CONSIDER ADOPTION OF RESOLUTIONS

RELATED TO THE DESIGNATION OF PROPERTIES TO THE LOCAL REGISTER

OF HISTORIC RESOURCES

UPCOMING EMPLOYEE CEREMONIES

EMPLOYEE OF THE QUARTER - 9:00 A.M.

• October 18, 2023 (Wednesday) - Employee of the Fall Quarter

EMPLOYEE SERVICE AWARDS - 10:00 A.M.

• November 15, 2023 (Wednesday) - Employee Service Awards

2023 CITY COUNCIL MEETING SCHEDULE

September 14, 2023 - 9:00 A.M.

September 28, 2023 - 9:00 A.M.

October 5, 2023- 9:00 A.M.

October 19, 2023 - 9:00 A.M.

November 2, 2023 - 9:00 A.M.

November 16, 2023 - 9:00 A.M.

December 7, 2023 - 9:00 A.M.

December 14, 2023 - 9:00 A.M.