City of Fresno

2600 Fresno Street

Fresno, CA 93721

www.fresno.gov

Meeting Agenda - Final

Thursday, May 11, 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_FUqDf6wTRsuxeUEo14XBEA

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 Pastor D.J. Criner

Pledge of Allegiance to the Flag

APPROVE AGENDA

CEREMONIAL PRESENTATIONS

ID 23-450

Proclamation for “Jewish American Heritage Month”

Office of Mayor & City Manager, Councilmember Bredefeld,

Councilmember Chavez and Councilmember Karbassi

Sponsors:

ID 23-504

Proclamation for “Honoring Tourism Month”

Office of Mayor & City Manager

Sponsors:

ID 23-627

Proclamation for “Historic Preservation Month”

Office of Mayor & City Manager and Councilmember Arias

Sponsors:

ID 23-581

Proclamation for “Anna Hun Day”

Council President Maxwell

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 23-728

Approval of Minutes for April 20, 2023, and April 27, 2023,

Regular Meeting and April 27, 2023, Special Meeting.

Office of the City Clerk

Sponsors:

1.-B. ID 23-732

***RESOLUTION - 44th Amendment to the Annual

Appropriations Resolution (AAR) No. 2022-154 to

Reappropriate $70,000 from the City Attorney/Code

Department to the City Council Department (Requires 5

Affirmative Votes)(Subject to the Mayor’s Veto)

City Attorney's Office

Sponsors:

1.-C. ID 23-693

Actions related to the Lease Agreement with New Vision

Aviation, Inc., a 501(C)3 Non-Profit Charitable Organization,

that runs a training center for careers in aviation for residents

and youth from disadvantaged communities at Fresno

Chandler Executive Airport (FCH). (Council District 3)

1. Adopt a finding of Categorical Exemption pursuant to

Section 15301 (Existing Facilities) of the California

Environmental Quality Act Guidelines.

2. Approve the Lease Agreement (Lease) with New Vision

Aviation, Inc., a 501(C)3 Non-Profit Charitable Organization,

to continue operating a training center for careers in aviation

for residents and youth from disadvantaged communities at

FCH for a term of three (3) years. The amount of potential

revenue generated by this Lease is $27,000.00, annually.

Total anticipated revenue during the full term of the contract

is approximately $81,000 plus annual CPI adjustments.

(Council District 3)

Airports Department

Sponsors:

1.-D. ID 23-707

Approve a cooperative purchase agreement with Braun

Northwest, Inc. of Chehalis, Washington, for the purchase of

one NorthStar 267-5 mobile command vehicle in the amount

of $444,740 for the Fresno Police Department to manage

responses to emergency scenes and provide de-escalation

support during critical incidents

General Services Department and Police Department

Sponsors:

1.-E. ID 23-716

***RESOLUTION - Approving the reallocation of $500,000

from the Fleet Operations Fund contingency to pay fuel

expenses (Subject to Mayor’s Veto)

General Services Department

Sponsors:

1.-F. ID 23-696

Approve an Addendum to Order #419913 with Zencity

Technologies US, Inc., in the amount of $217,500 for three

years with three annual payments of $75,000 for data

gathering and analytics, and authorize the Chief Information

Officer, or designee, to sign and execute all related

documents.

Information Services Department

Sponsors:

1.-G. ID 23-555

Approval of a Consultant Services Agreement in an amount

not to exceed $97,500 with Moss Adams, LLP for a user fee

study in accordance with the Mitigation Fee Act.

Planning and Development Department

Sponsors:

1.-H. ID 23-630

Approve an agreement with Poverello House to operate the

Clarion Pointe as a low-barrier emergency homeless shelter

and bridge housing site in the total amount of $2,799,997.48.

Planning and Development Department

Sponsors:

1.-I. ID 23-632

Approve an Agreement with Housing Authority of the City of

Fresno to operate Journey Home emergency shelter in the

total amount of $2,200,075 in Homeless Housing, Assistance,

and Prevention funds (HHAP).

Planning and Development Department

Sponsors:

1.-J. ID 23-650

Approve a $3,000,000 Local Housing Trust Fund Agreement

with Avalon Commons Phase II, LP, for the proposed Avalon

Commons Phase II project located at 7521 North Chestnut

Avenue in northeast Fresno (District 6).

Planning and Development Department

Sponsors:

1.-K. ID 23-679

Approve a $1.5 million Permanent Local Housing Allocation

Agreement with Broadway Plaza Family Apartments, LP for

its Hotel Fresno Apartments currently underway and located

at 1241-1263 Broadway Plaza in downtown Fresno

Planning and Development Department

Sponsors:

1.-L. ID 23-700

Actions pertaining to the City of Fresno Local Housing Trust

Fund:

***RESOLUTION - Authorizing and directing submission of an

application for funding under the State of California Local

Housing Trust Fund Grant program to provide matching

funds to the City of Fresno Local Housing Trust Fund

(Subject to Mayor’s veto)

Planning and Development Department

Sponsors:

1.-M. ID 23-616

Approve the renewal of the Fresno Police Department Annual

Military Equipment Use Report as originally required by

Assembly Bill 481, codified under Government Codes §

7070-7075

Police Department

Sponsors:

1.-N. ID 23-457

Approve the First Amendment to a three-year On-Call Land

Surveying Services Agreement with Blair, Church & Flynn

Consulting Engineers, Inc. to increase the contract amount by

$250,000 for a total amended contract amount of $550,000,

to provide land surveying services to facilitate Citywide

infrastructure projects (Citywide)

Public Works Department

Sponsors:

1.-O. ID 23-690

Approve an agreement for professional engineering services

with Provost & Pritchard, Inc. for $110,500, with a $10,000

contingency, for design and construction support services for

the Manchester Splash Pad Project (Council District 7)

Public Works Department, Parks, After School and

Recreation and Community Services Department

Sponsors:

1.-P. ID 23-691

Actions pertaining to the Cedar Avenue and Teague Avenue

Intersection Improvements Project - Bid File 12301630

(Council District 6)

1. Adopt a finding of Categorical Exemption per staff

determination pursuant to Section 15301/Class 1 of the

California Environmental Quality Act (CEQA) Guidelines

2. ***RESOLUTION - 40th Amendment to the Annual

Appropriation Resolution (AAR) No. 2022-154 appropriating

$425,000 for the Cedar Avenue and Teague Avenue

Intersection Improvements project (Requires 5 Affirmative

Votes) (Subject to Mayor’s Veto)

3. Award a construction contract in the amount of $828,450

to Avison Construction, Inc., of Madera, California

Public Works Department

Sponsors:

1.-Q. ID 23-692

Actions pertaining to the Bus Rapid Transit (BRT) Corridor

Pedestrian Improvements Project - Bid File 12301743

(Citywide)

1. Adopt a finding of Categorical Exemption per staff

determination pursuant to Section 15301/Class 1, Section

15302/Class 2, and Section 15303/Class 3 of the California

Environmental Quality Act (CEQA) Guidelines

2. ***RESOLUTION - 41st Amendment to the Annual

Appropriation Resolution (AAR) No. 2022-154 appropriating

$200,300 for the BRT Corridor Pedestrian Improvements

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

Veto)

3. Award a construction contract in the amount of $1,469,097

to Pelagic Engineering, of Oxnard, California

Public Works Department

Sponsors:

1.-R. ID 23-694

Reject all bids for the John Muir Elementary Safe Routes

Project - Bid File 12301163 (Council District 3)

Public Works Department

Sponsors:

1.-S. ID 23-695

Award a construction contract in the amount of $2,168,547.75

to A-C Electric Company, of Fresno, California for the Fresno

Street Corridor Project - Bid File 12301137 (Council Districts

3, 4, 6, and 7)

Public Works Department

Sponsors:

1.-T. ID 23-697

RESOLUTION - Of Intention to Annex Final Tract Map No.

6276 as Annexation No. 144 to the City of Fresno Community

Facilities District No. 11 and to Authorize the Levy of Special

Taxes; and setting the public hearing for Thursday, June 22,

2023, at 10:00 am (located on the northwest corner of North

Parc West Drive and North Grantland Avenue) (Council

District 1)

Public Works Department

Sponsors:

1.-U. ID 23-704

Approve Amendment No. 2 to the Measure C Agreement with

the Fresno County Transportation Authority, to allocate the

Construction funding for the widening of the Herndon

Avenue/Burlington Northern Sante Fe (BNSF) overpass

between Polk Avenue and Milburn Avenue (Urban Project,

K-11), in the amount of $17,022,000.00 (Council District 2)

Public Works Department

Sponsors:

1.-V. ID 23-709

Approve a consultant agreement with Baker Tilly US, LLP in

the amount of $256,443, plus a not-to-exceed contingency

amount of $10,000, to provide consulting services on

development of an assessment - along with

recommendations for options - to improve the services and

affordability of electricity in the City of Fresno; authorize the

City Manager or designee to execute all related documents.

(Citywide)

Office of Mayor & City Manager, Public Works Department,

Council President Maxwell, Councilmember Chavez and

Councilmember Bredefeld

Sponsors:

1.-W. ID 23-714

Reject all bids for the Fresno Street and Browning Avenue

Intersection Improvements Project - Bid File 12301325

(Council District 4)

Public Works Department

Sponsors:

1.-X. ID 23-705

Award a consultant services agreement to --Blair, Church &

Flynn Consulting Engineers, Inc., in the amount not to exceed

$207,683, inclusive of a $18,789 contingency, for the design,

bidding support, and construction support services for the

Water Main Replacements in the area bound by Clinton,

Teilman, University, and West Avenues (Bid File 12302048)

(Council District 1).

Department of Public Utilities

Sponsors:

1.-Y. ID 23-708

Award a Product Requirements Contract in the annual

amount of $1,184,975.19, for three-years with provisions for

two one-year extensions, for bulk sodium hydroxide to Univar

USA, Inc, (Bid File 12301172) (Citywide)

Department of Public Utilities

Sponsors:

1.-Z. ID 23-653

Approve the award of a purchase contract to New Flyer of

America Inc. for Two (2) 40’ Hydrogen Fuel Cell Electric

Buses in the amount of $2,882,919.01

Department of Transportation

Sponsors:

ID 23-725

***RESOLUTION - Adopting a pilot program to incentivize job

creation within portions of the Tower District located within

Districts 1 and 3 and the portion of the area west of Highway

99 between Clinton Avenue and Shaw Avenue located within

District 1. (Subject to Mayor’s Veto)

-AA.

Vice President Perea and Councilmember Arias

Sponsors:

ID 23-727

***Bill B-12 (Intro’d 4/27/2023)(For Adoption) - Amending

Chapter 9, Article 26 of the Fresno Municipal Code to add

Section 9-2610, “Sideshows, Street Races, and Reckless

Driving Exhibitions,” prohibiting the knowing participation as a

driver, passenger, or spectator in sideshows, street races, or

reckless driving exhibitions. (Subject to Mayor’s Veto)

-BB.

Councilmember Bredefeld and Vice President Perea

Sponsors:

ID 23-734

Actions pertaining to the 2023/2024 Women’s Recovery

Response Grant

-CC.

1. ***Authorize the City Manager to accept $100,000 in grant

funding for the 2023/2024 Women’s Recovery Response

grant awarded to the City of Fresno Women’s Commission

from the California Commission on the Status of Women and

Girls (CCSWG) through the State of California (Subject to

Mayor’s veto)

2. Authorize the City Manager or her designee to execute the

agreement, extensions, and all related documentation

applicable to the 2023/2024 Women’s Recovery Response

grant

3. ***RESOLUTION - Adopt the 43rd Amendment to the

Annual Appropriation Resolution (AAR) No. 2022-154

appropriating $100,000 for the Fresno Women’s Commission

Women’s Recovery Response grant (Requires 5 Affirmative

Votes) (subject to Mayor’s Veto)

Councilmember Esparza

Sponsors:

ID 23-759

***RESOLUTION - Conduct a Traffic Safety Assessment on

Running Red Lights and Accidents to Address the Top 10

Intersections with Red-Light Runners in Honor of Amaya Suni

Chenot (Subject to Mayor’s Veto)

-DD.

Councilmember Karbassi

Sponsors:

CONTESTED CONSENT CALENDAR

2. SCHEDULED COUNCIL HEARINGS AND MATTERS

10:00 A.M.

ID 23-643

Consideration of Plan Amendment and Rezone Application

No. P22-01086, Development Permit Application No.

P21-06232, and related Environmental Assessment No.

P22-01086/P21-06232 pertaining to ±2.20 acres of property

located on the west side of North Chestnut Avenue, between

East Shepherd and East Teague Avenues (Council District 6)

- Planning & Development Department.

1. ADOPT - Mitigated Negative Declaration as prepared for

Environmental Assessment No. P22-01086/P21-06232, dated

March 28, 2023, for the proposed project pursuant to the

State of California Environmental Quality Act (CEQA).

2. RESOLUTION - approving Plan Amendment Application

No. P22-01086, requesting authorization to amend the

Fresno General Plan and Woodward Park Community Plan to

change the planned land use designation for the subject ±

2.20 acre property from Residential - Medium Low Density to

Residential - Medium High Density.

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

No. P22-01086, requesting authorization to amend the

Official Zoning Map of the City of Fresno to rezone the ±2.20

acre subject property from the from RS-4/UGM (Residential

Single Family, Medium Low Density/Urban Growth

Management Area) to RM-1/UGM (Residential Multi-family -

Medium High Density/Urban Growth Management Area) zone

district in accordance with the Plan Amendment Application.

4. APPROVE - Development Permit Application No. P21-

06232, requesting authorization to construct a 32 unit

apartment complex consisting of four (4) 5,750 square-foot

two-story buildings and a 1,069 square-foot leasing and

managers office on a vacant parcel, subject to compliance

with the Conditions of Approval dated April 5, 2023.

Planning and Development Department

Sponsors:

10:05 A.M.

ID 23-717

Appearance by Derek Cahill to discuss potholes and the

surrounding streets negatively affecting business and local

communities at large. (District 1 Resident)

Office of the City Clerk

Sponsors:

10:08 A.M.

ID 23-718

Appearance by Mary Padilla to discuss who are we

representing. (District 2 Resident)

Office of the City Clerk

Sponsors:

10:11 A.M.

ID 23-719

Appearance by Shirley Jackson to discuss homelessness.

(District 2 Resident)

Office of the City Clerk

Sponsors:

10:14 A.M.

ID 23-720

Appearance by Jorge Zavala to discuss interference and

damages with DBE Contract. (District 4 Resident)

Office of the City Clerk

Sponsors:

3. GENERAL ADMINISTRATION

3.-A. ID 23-726

WORKSHOP - Annual Review of the Community Workforce

Agreement (Project Labor Agreement)

Public Works Department

Sponsors:

3.-B. ID 23-745

WORKSHOP - On Status of Negotiations Concerning

Cleaner and Greener Neighborhood Industry Overlay District

and Elm Avenue

Councilmember Arias

Sponsors:

4. CITY COUNCIL

5. CLOSED SESSION

5.-A. ID 23-721

CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED

LITIGATION

Initiation of litigation pursuant to paragraph (4) of subdivision

(d) of Section 54956.9: 1 potential case

Office of Mayor & City Manager

Sponsors:

5.-B. ID 23-743

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); 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); 11.

Operating Engineers, Local Union No. 3, Fresno Airport

Public Safety Supervisors (FAPSS); 12. Operating

Engineers, Local Union No. 3, Fresno Airport Public Safety

Officers (FAPSO)

Office of Mayor & City Manager

Sponsors:

5.-C. ID 23-722

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:

5.-D. ID 23-724

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:

ADJOURNMENT

UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS

MAY 25, 2023

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 No.

18, Annexation No. 002 (T6212, located at the southwest corner of North Parc

West Drive and North Grantland Avenue; T6276, located on the northwest corner

of North Parc West Drive and North Grantland Avenue; T6350, located on the

northeast corner of North Parc West Drive and West Holland Avenue) (Council

District 1)

MAY 25, 2023

10:05 A.M. - HEARING to adopt resolutions and ordinance to annex territory and

levy a special tax regarding City of Fresno Community Facilities District No. 11,

Annexation No. 142 (Final Tract Map No. 6350) (located on the northwest corner

or North Parc West Drive and West Holland Avenue) (Council District 1)

MAY 25, 2023

10:10 A.M. - HEARING to adopt resolutions and ordinance to annex territory and

levy a special tax regarding City of Fresno Community Facilities District No. 11,

Annexation No. 143 (Final Tract Map No. 6370) (located on the west side of North

Chestnut Avenue and East Powers Avenue) (Council District 6)

JUNE 22, 2023

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 No. 11,

Annexation No. 144 (Final Tract Map No. 6276) (located on the northwest corner of

North Parc West Drive and North Grantland Avenue) (Council District 1)

JUNE 29, 2023

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 No. 11,

Annexation No. 145 (Final Tract Map No. 6283) (located on the southeast corner of

North Fowler Avenue and East Dakota Avenue) (Council District 4)

JUNE 29, 2023

10:05 A.M. - HEARING to consider the proposed Annual Assessment for the City

of Fresno Landscaping and Lighting Maintenance District No. 1 (Citywide)

UPCOMING EMPLOYEE CEREMONIES

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

• July 19, 2023 (Wednesday) - Employee of the Summer Quarter

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

EMPLOYEE SERVICE AWARDS - 10:00 A.M.

• May 26, 2023 (Friday) - Employee Service Awards

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

2023 CITY COUNCIL MEETING SCHEDULE

May 18, 2023 - NO MEETING

May 25, 2023 - 9:00 A.M.

June 01, 2023 - NO MEETING

June 05, 2023 - Budget Hearings

June 07, 2023 - Budget Hearings

June 08, 2023 - 9:00 A.M./Budget Hearings

June 14, 2023 - Vote on Motions