City of Fresno

2600 Fresno Street

Fresno, CA 93721

www.fresno.gov

Meeting Agenda - Final

Thursday, November 17, 2022

9:00 AM

Regular Meeting

Council Chambers (In Person And/Or Electronic)

City Council

President - Nelson Esparza

Vice President - Tyler Maxwell

Councilmembers:

Esmeralda Z. Soria, Mike Karbassi, Miguel Angel Arias, Luis Chavez,

Garry Bredefeld

City Manager - Georgeanne A. White

Interim City Attorney - Rina Gonzales

City Clerk - Todd Stermer, CMC

THE FRESNO CITY COUNCIL WELCOMES YOU TO CITY COUNCIL CHAMBERS,

LOCATED IN CITY HALL, 2ND FLOOR, 2600 FRESNO STREET, FRESNO,

CALIFORNIA 93721.

You can participate in the meeting on our City’s website click on the URL

https://fresno.legistar.com/Calendar.aspx and click on the “In progress” link under

“video” for the corresponding meeting. The Council meeting can also be viewed live

at 9:00 A.M. on Comcast Channel 96 and AT&T Channel 99.

PUBLIC COMMENT: The following options are available for members of the public

who want to address City Council:

1. eComment at https://fresno.legistar.com/Calendar.aspx.

a) eComments is a tool for citizens to comment on agenda items and those

comments will become part of the official record. eComments will be available as

soon as the agenda is published and will close 24 hours prior to the start of the

meeting. The User Agreement and Procedures document for eComment can be

accessed by the URL https://www.fresno.gov/cityclerk/

b) eComments will be a maximum of 450 words.

2. You are invited to a Zoom webinar.

When: November 17, 2022, 9:00 AM Pacific Time (US and Canada)

Topic: November 17, 2022, Regular Meeting

a) Register in advance for this webinar:

https://zoom.us/webinar/register/WN_yRVOdaOsSdWVmGB1LfX2_Q

After registering, you will receive a confirmation email containing information about

joining the webinar.

b) If you do not wish for your name to appear on the screen, then use the drop

down menu and click on “rename” to rename yourself.

c) If you wish to address Council during the public comment portion of the agenda,

click on the icon labeled “Participants” at the bottom center of your PC or Mac

screen. At the bottom of the window on the right side of the screen, click the icon

labeled “RaiseHand”. Your digital hand will now be raised.

d) Those addressing Council must state their name for the record.

e) To facilitate electronic access, no person shall speak until recognized by the

Presiding Officer.

3. Email: to clerk@fresno.gov

a) Residents may also email comments to be read during the meeting. Please include

the agenda date and item number you wish to speak on in the subject line of your

email.

b) Emails will be a maximum of 450 words.

c) All comments received will be distributed to Council prior and during the meeting

and will be a part of the official record.

Pursuant to Rule 11 (c) of the Rules of Procedure for the City Council of the City of

Fresno, 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.

All participants will be on mute until they are called upon at which point they will be

unmuted. To prevent participants from having their video on, we will remove the

option to show their video.

The City of Fresno’s goal is to comply with the Americans with Disabilities Act, If you

need additional accommodations such as interpreters, sign language signers, or the

services of a translator, please contact the office of the City Clerk at (559) 621-7650

or clerk@fresno.gov. To ensure availability, you are advised to make your request at

least three business days prior to the meeting.

9:00 A.M. ROLL CALL

Invocation by Rev. Elisa Loera, Senior Pastor with Christian Temple Fresno

Pledge of Allegiance to the Flag

APPROVE AGENDA

CEREMONIAL PRESENTATIONS

ID 22-1732

Proclamation for “National Caregivers Month”

Vice President Maxwell and Councilmember Karbassi

Sponsors:

ID 22-1190

Proclamation for “World Day of Remembrance for Road

Traffic Victims”

Councilmember Karbassi and Vice President Maxwell

Sponsors:

ID 22-1743

Proclamation for “Lung Cancer Awareness Month”

Council President Esparza

Sponsors:

COUNCILMEMBER REPORTS AND COMMENTS

MAYOR/MANAGER 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 22-1751

Approval of the minutes for November 3, 2022, Regular

Meeting.

Office of the City Clerk

Sponsors:

1.-B. ID 22-1757

***RESOLUTION - Declaring a proper purpose for separation

of emergency and non-emergency demolition contracts in the

procurement process. (Subject to Mayor Veto)

City Attorney's Office

Sponsors:

1.-C. ID 22-1739

Actions pertaining to American Rescue Plan Act (ARPA)

funding to Community Based Organizations (CBOs)

1. Approve an agreement with Arte Americas allocating

$413,175 in ARPA funding to complete needed capital

improvements and necessary repairs to the Arte Americas

building and surrounding property.

2. Adopt a finding of Categorical Exemption pursuant to

CEQA Guidelines Section 15301/Class 1 for to proposed

project pursuant to the California Environmental Quality Act

(CEQA)

Finance Department

Sponsors:

1.-D. ID 22-1753

Actions pertaining to American Rescue Plan Act (ARPA)

funding to Community Based Organizations (CBOs)

1. Approve an agreement with Fresno Area Hispanic

Foundation allocating $2,000,000 in ARPA funding to

provide: $1,000,000 in micro grants to underserved and

minority small business that have suffered negative economic

impacts; $500,000 to small businesses that are at risk of

eviction due to the COVID-19 pandemic; and $500,000 for a

micro-business assistance program specific to mobile food

vendors.

Finance Department

Sponsors:

1.-E. ID 22-1749

***RESOLUTION - Authorize the acceptance of 2021 Staffing

for Adequate Fire and Emergency Response (SAFER) grant

award for $7,246,600 from the Federal Emergency

Management Agency (FEMA) and authorize the Fire Chief to

complete all required documents (Subject to Mayor’s Veto)

Fire Department

Sponsors:

1.-F. ID 22-1750

***BILL B-36 (Intro’d 11/3/2022) (For Adoption) - Adopting

express findings of necessity related to local climatic,

topographical, and geological conditions, which make the

City’s amendments to the California Fire Code reasonably

necessary, repealing Article 10 of Chapter 5, and adding

Article 10 to Chapter 5 of the Fresno Municipal Code relating

to fire and life safety regulations (Subject to Mayor’s Veto)

Fire Department

Sponsors:

1.-G. ID 22-1756

Approve a change order in the amount of $1,131,160 to a

purchase contract with 72 HOUR LLC previously awarded by

Council on September 29, 2022, to increase the quantity of

Dodge Durango marked patrol vehicles from 80 to 105 for a

total revised contract value of $4,750,870.04 (Bid File

12300303)

General Services Department

Sponsors:

1.-H. ID 22-1684

Approve the award of a cooperative purchase agreement to

PB Loader of Fresno, California, for the purchase of two

Freightliner asphalt patch trucks in the amount of $362,054

for the Department of Public Utilities

General Services Department

Sponsors:

1.-I. ID 22-1506

Actions pertaining to Master License Agreement for Small

Cell Infrastructure with Verizon Wireless:

1. Adopt a finding of Categorical Exemption pursuant to

CEQA Guidelines Section 15301/Class 1 for the Proposed

Project pursuant to the California Environmental Quality Act

(CEQA);

2. Approve a Master License Agreement with MSA Limited

Partnership, d/b/a Verizon Wireless for placement of

telecommunication equipment on City assets as defined by

Federal Communications Commission (FCC) Order 18-133.

Information Services Department

Sponsors:

1.-J. ID 22-1736

Approve the purchase of computer equipment (laptops and

docking stations) from Dell Technologies (Dell) in an amount

not to exceed $1.6 million, utilizing National Association of

State Procurement Officials (NASPO) Contract

MNWNC-108/715034003 as part of the Citywide Computer

Replacement Plan.

Information Services Department

Sponsors:

1.-K. ID 22-1658

Actions pertaining to the California Violence Intervention and

Prevention Grant 2022 (CalVIP 2022) awarded to the City of

Fresno (City) on June 9, 2022:

1. ***RESOLUTION - Adopting the 2nd Amendment to “A

Resolution of the Council of the City of Fresno Establishing

the Number of Positions Authorized in the Various

Departments and Offices of the City for Fiscal Year 2023,”

Resolution No. 2022-153 (PAR), adding one Community

Coordinator position in the Office of Neighborhood Safety

and Community Engagement Division (ONSCE) within Parks,

After School, Recreation and Community Services (PARCS)

Department funded under the CalVIP 2022 grant. (Subject to

Mayor’s Veto)

2. ***RESOLUTION - Adopting the 12th Amendment to the

Annual Appropriation Resolution (AAR) No. 2022-154

appropriating $607,900 of the CalVIP 2022 grant award for

year one programming and grant administration for Camp

Fresno, Fresno Summer Nights, and Street Outreach

Training Modules. (Requires five affirmative votes) (Subject

to Mayor’s Veto)

Parks, After School and Recreation and Community Services

Department

Sponsors:

1.-L. ID 22-1713

***RESOLUTION - Authorizing the Director or Designee of

the Parks, After School, Recreation and Community Services

(PARCS) Department to Submit a Grant Application to

KABOOM! to Fund and Implement Community Engagement,

Project Management, Design, and Community Organizing for

the Construction of a New Play Structure at University Park,

and Authorizing Execution of the Grant Agreement and Any

Related Documents with KABOOM! By the PARCS Director

or Designee (Subject to Mayor’s Veto) (Council District 4).

Parks, After School and Recreation and Community Services

Department

Sponsors:

1.-M. ID 22-1765

Actions pertaining to amendments to resolutions and

ordinances related to compensation and benefits for city

employees and charter officials

1.***RESOLUTION - Adoption of 5th Amendment to the FY

2023 Salary Resolution No. 2022-152 (Subject to Mayor’s

Veto)

2.***RESOLUTION - Adoption of Amendment to the

“Transparency in City Government Act” (Transparency Act)

(Subject to Mayor’s Veto)

3.*** Resolution Adopting the 3rd Amendment to “A

Resolution of the Council of the City of Fresno Establishing

the Number of Positions Authorized in the Various

Departments and Offices of the City for Fiscal Year 2023

removing the 8 positions from the Budget Division of the

Mayor and City Manager’s Offices and adding 10 positions to

the newly created Department of Budget and Management

Studies (Subject to Mayor’s Veto)

4.Introduction of Bill, Amending Ordinance No. 2022-22 of the

Fresno Municipal Code and Adopting an Ordinance Setting

Forth the Compensation of Elective Officers

5.Introduction of Bill, Amending Ordinance No. 2017-10 of the

Fresno Municipal Code and Adopting an Ordinance Related

to Reimbursement of Expenses for Elected Officials

Personnel Services Department

Sponsors:

1.-N. ID 22-1650

Actions pertaining to the Travel Inn Shelter:

1. Affirm the City Manager’s finding that Elevate Community

Services is uniquely qualified to operate the Travel Inn

Shelter; and

2. Approve an Emergency Solutions Grant- Coronavirus

Agreement with Elevate Community Services in the amount of

$253,266.21 to add three full time case managers to the staff

at the Travel Inn Shelter.

Planning and Development Department

Sponsors:

1.-O. ID 22-1731

RESOLUTION - Authorizing the submission of grant

applications to the United States Department of

Transportation 2022 Strengthening Mobility and

Revolutionizing Transportation Grants Program totaling up to

$2 million in requests for funding; and authorizing the

execution of grant application and grant agreement

documents by the Public Works Director.

Public Works Department

Sponsors:

1.-P. ID 22-1733

Approve the First Amendment to the Consultant Services

Agreement with MLA Green Inc., DBA Studio MLA in the

amount of $44,000, increasing the total contract amount to

$859,695, for landscape architectural design services and

preparation of construction documents for the No.13 Park at

MLK Magnet Core Project (Council District 3)

Public Works Department

Sponsors:

1.-Q. ID 22-1655

Approve the Fourth Amendment to the consultant services

agreement with Blair, Church & Flynn Consulting Engineers,

Inc., to expand scope of services and increase the contract

amount by $80,900, for an amended total not to exceed

amount of $407,868, for the Van Ness Avenue Transmission

Grid Main Project. (District 3)

Department of Public Utilities

Sponsors:

1.-R. ID 22-1742

Reject the sole bid received for the Northeast Surface Water

Treatment Facility Sodium Hypochlorite Tank Replacement

(Bid File 3881) (Council District 6)

Department of Public Utilities

Sponsors:

1.-S. ID 22-1738

Actions pertaining to the water main replacement along East

Jensen Avenue between South Clovis and South Fowler

Avenues. (Bid File 3871) (Council District 5 and County):

1. Adopt a finding of categorical exemption pursuant to

Section 15301 (Existing Facilities) and 15302 (Replacement

or Reconstruction) of the California Environmental Quality Act

Guidelines

2. Award a construction contract to Emmett’s Excavation,

Inc., in the amount of $1,669,031

Department of Public Utilities

Sponsors:

1.-T. ID 22-1646

Approve a professional consultant agreement in the amount

of $533,600 with PCubed Associates, a California

corporation, for design and engineering services to

implement the Department of Transportation/Fresno Area

Express (FAX) Maintenance Facility HVAC and Building

Improvements project

Department of Transportation

Sponsors:

1.-U. ID 22-1735

Award a two-year Requirements Contract, with options for

three one-year extensions, for the purchase of Solar Real

Time Digital Displays to Way Sine LLC (Bid File 9663).

Department of Transportation

Sponsors:

1.-V. ID 22-1745

Approve Agreement with Bell Memorials & Granite Works,

Inc., in the amount of $117,534.55 for design, fabrication and

installation services

Councilmember Bredefeld

Sponsors:

1.-W. ID 22-1376

***RESOLUTION - Confirming emergency conditions

continue to directly impact the ability of legislative bodies to

meet safely in person and authorizing remote teleconference

meetings of City legislative bodies for 30 days, pursuant to

Brown Act provisions (Subject to Mayor’s Veto).

Council President Esparza

Sponsors:

1.-X. ID 22-1746

***RESOLUTION - Adopting a program to incentivize job

creation along the Ventura/Kings Canyon/Avenida Cesar

Chavez corridor east of First Street (Subject to Mayor’s Veto)

Councilmember Chavez

Sponsors:

CONTESTED CONSENT CALENDAR

2. SCHEDULED COUNCIL HEARINGS AND MATTERS

10:00 A.M.

ID 22-1729

HEARING to adopt resolutions and ordinance to annex

territory and levy a special tax regarding CITY OF FRESNO

COMMUNITY FACILITIES DISTRICT NO. 9, Annexation No.

56 (Conditional Use Permit No. P20-04902) (Located on East

Tulare Street between North Fowler Avenue and North

Claremont Avenue) (Council District 5)

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

Facilities District No. 9 and Authorizing the Levy of a Special

Tax for Annexation No. 56 (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 2022-2023 and Future

Tax Years Within and Relating to Community Facilities

District No. 9, Annexation No. 56 (Subject to Mayor’s Veto)

Public Works Department

Sponsors:

10:05 A.M. #1

ID 22-1659

Consideration of Plan Amendment Application No.

P21-06440; Rezone Application No. P21-06440; Tentative

Tract Map No. 6402; Planned Development Permit

Application No. P22-00795; Conditional Use Permit

Application No. P21-06515; and related Environmental

Assessment No. T-6402/P21-06440/P22-00795/P21-06515

for approximately 4.83 acres of property located on the north

side of East Alluvial Avenue, between North Paula and North

Willow Avenues (Council District 6).

1. ADOPT - Mitigated Negative Declaration prepared for

Environmental Assessment No. T-6402/P21-06440/P22-

00795/P21-06515 dated September 23, 2022, for the

proposed project pursuant to California Environmental

Quality Act (CEQA) Guidelines.

2. RESOLUTION - Approving Plan Amendment Application

No. P21-06440 proposing to amend the Fresno General Plan

and Woodward Park Community Plan to change the planned

land use designation for approximately 3.00-acres of the

subject property from Low Density Residential to Medium

Density Residential.

3. BILL - (For introduction and adoption) - Approving Rezone

Application No. P21-06440 proposing to rezone the

approximately 3.00-acres of the subject property from the RS-

3 (Single-Family Residential, Low Density) zone district to the

RS-5 (Single-Family Residential, Medium Density) zone

district.

4. APPROVE - Tentative Tract Map No. 6402 proposing to

subdivide approximately 3.00 acres of the subject property

into a 15-lot, 28-unit duplex residential development subject

to compliance with the Conditions of Approval dated October

19, 2022.

5. APPROVE - Planned Development Permit Application No.

P22-00795 proposing to modify the RM-1 zone district

development standards to allow for a reduction in the front

yard, rear yard, and landscape buffer setbacks, and gated

private streets.

6. APPROVE - Conditional Use Permit Application No. P21-

06515 proposing to allow for duplex uses in the RS-5 zone

district.

Planning and Development Department

Sponsors:

10:05 A.M. #2

ID 22-1541

HEARING to consider Plan Amendment and Rezone

Application No. P19-05950 and related Environmental

Assessment No. P19-05950, for approximately 1.73 acres of

property located on the south side of West Nees Avenue,

between North Blackstone and North Ingram Avenues

(Council District 2)

1. ADOPT the Negative Declaration as prepared for

Environmental Assessment No. P19-05950 dated July 29,

2022, for the proposed project pursuant to the California

Environmental Quality Act (CEQA).

2. RESOLUTION - Approving Plan Amendment Application

No. P19-05950 proposing to amend the Fresno General Plan

to change the planned land use designation for the subject

property from High Density Residential (±1.73 acres) to

Regional Mixed Use (±1.73 acres).

3. BILL (for introduction and adoption) - Approving Rezone

Application No. P19-05950 proposing to amend the Official

Zoning Map of the City of Fresno to rezone the subject

property from the RM-3/UGM/CZ (Multi-Family Residential,

High Density/Urban Growth Management/conditions of

zoning) zone district to the RMX (Regional Mixed Use) zone

district in accordance with Plan Amendment Application No.

P19-05950.

Planning and Development Department

Sponsors:

10:10 A.M.

ID 22-1700

TEFRA HEARING - To hear and to consider information

concerning the proposed issuance of tax-exempt Health

Facility Revenue Bonds by the Michigan Finance Authority

for the purpose of financing, or refinancing to the Borrower,

the cost of acquisition, construction, improvement, and

equipping of health care facilities in the City of Fresno.

Proceeds of the Bonds will be loaned to Trinity Health

Corporation, an Indiana nonprofit corporation, and the sole

corporate member of Saint Agnes Medical Center, a

California nonprofit corporation.

1. ***RESOLUTION - To Approve the issuance Revenue

Bonds (Trinity Health Credit Group), by the Michigan Finance

Authority, in one or more series, in an aggregate principal

amount not to exceed $900,000,000, for the purpose among

other things, of financing or refinancing the costs of

acquisition, construction, improvement, and equipping of

health care facilities owned and operated by Saint Agnes

Medical Center and certain other matters relating thereto.

(Subject to Mayor’s Veto.)

Finance Department

Sponsors:

11:00 A.M.

ID 22-1717

Actions pertaining to Residential Permit Parking District #10

1. HEARING to consider an amendment to Residential

Permit Parking District #10

2. Adopt a finding of Categorical Exemption pursuant to

Class 1/Section 15301 of the CEQA Guidelines

3. ***RESOLUTION - Amending Residential Permit Parking

District #10 (Subject to Mayor’s Veto)

Planning and Development Department and Council

President Esparza

Sponsors:

2:00 P.M.

ID 22-1761

Workshop - Safe Access to Woodward Park Study

Councilmember Karbassi

Sponsors:

3. GENERAL ADMINISTRATION

3.-A. ID 22-1737

WORKSHOP - Broadband Strategic Plan

Information Services Department

Sponsors:

4. CITY COUNCIL

4.-A. ID 22-1766

Resolution in support of the women and children of Iran as

they stand against the government of Iran in its persecution

of women and violations of human rights

Councilmember Karbassi

Sponsors:

5. CLOSED SESSION

5.-A. ID 22-1609

CONFERENCE WITH LEGAL COUNSEL-EXISTING

LITIGATION

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

City of Fresno v. Shell Oil Company, et al. (Public Utilities

Department)

San Francisco County Superior Court Case No.:

CGC-22-600974

City Attorney's Office

Sponsors:

5.-B. ID 22-1675

CONFERENCE WITH LEGAL COUNSEL-EXISTING

LITIGATION

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

Desiree Martinez, et al. v. City of Fresno; Eastern District

Court Case No. 1:22-cv-00307

City Attorney's Office

Sponsors:

5.-C. ID 22-1764

CONSIDER PUBLIC EMPLOYEE APPOINTMENT -

Government Code Section 54957(b)

Consider the appointment, employment, evaluation of

performance, discipline, or dismissal of a public employee.

Title: City Attorney

Council President Esparza

Sponsors:

5.-D. ID 22-1760

CONFERENCE WITH LEGAL COUNSEL - POTENTIAL

LITIGATION, Government Code Section 54956.9, subdivision

(d)(2);

Nelson Esparza v. City of Fresno

CONFERENCE WITH LEGAL COUNSEL - EXISTING

LITIGATION, Government Code Section 54956.9, subdivision

(d)(1);

People v. Nelson Esparza (F22905037)

Councilmember Bredefeld

Sponsors:

ADJOURNMENT

UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS

December 1, 2022

10:00 A.M.#1 - Located on the northwest corner of North Armstrong Avenue and

East Clinton Avenue

December 1, 2022

10:00 A.M. #2 - PROPOSED VACATION A PORTION OF THE SOUTHEASTERLY

SIDE NORTH STATE STREET BETWEEN WEST MISSION AVENUE AND

GOLDEN STATE BOULEVARD

December 1, 2022

10:00 A.M. #3 - HEARING to adopt resolutions and ordinance to Consider the

Formation of a Community Facilities District (Community Facilities District No. 18

– Public Safety Services) and future annexation area and to Authorize the Levy of

a Special Tax; (T6310, near the northwest corner of Dakota and Polk Avenues;

T6234, southwest corner of Dakota and Hayes Avenues; future annexation area

encompasses entire City of Fresno) (Districts 1-7)

December 1, 2022

10:05 A.M. - PROPOSED VACATION A PORTION OF THE NORTH GLENN

AVENUE-NORTH BLACKSTONE AVENUE ALLEY, BETWEEN EAST SIMPSON

AVENUE AND EAST CORNELL AVENUE

UPCOMING EMPLOYEE CEREMONIES

2022 CITY COUNCIL MEETING SCHEDULE

NOVEMBER 24, 2022 - NO MEETING

DECEMBER 1, 2022 - 9:00 A.M.

DECEMBER 8, 2022 - NO MEETING

DECEMBER 15, 2022 - 9:00 A.M.

DECEMBER 22, 2022 - NO MEETING

DECEMBER 29, 2022 - NO MEETING