City of Fresno

2600 Fresno Street

Fresno, CA 93721

www.fresno.gov

Meeting Agenda - Final

Thursday, November 16, 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_Oa0RHviiT_uxx7jw_KujLg

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 Reverend Jose Sanchez from St. Anthony Mary Claret Church.

Pledge of Allegiance to the Flag

APPROVE AGENDA

CEREMONIAL PRESENTATIONS

ID 23-1577

Sponsors:

ID 23-1646

Proclamation for “School Psychology Month”

Councilmember Karbassi

Celebrating Department of Public Works Transportation

Awards

Office of Mayor & City Manager

Sponsors:

ID 23-1605

Fresno Animal Center presents “Pet of the Month”

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 23-1637

Approval of Minutes for November 2, 2023, Regular Meeting,

and November 2, 2023, Special Meeting

Office of the City Clerk

Sponsors:

1.-B. ID 23-1576

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.-C. ID 23-1641

Approve the appointments of Fire Battalion Chief Lawrence

French to the Fire and Police Retirement Board for a term

that is continuous, Paul-Albert Marquez to the Active

Transportation Advisory Committee for a term ending

November 16, 2026, and Sarah Johnston to the Historic

Preservation Commission for a term ending June 30, 2027.

Office of Mayor & City Manager

Sponsors:

1.-D. ID 23-1674

***RESOLUTION - Authorizing and directing acceptance of

state funding to the City of Fresno and execution of

implementing documents regarding the Downtown Fresno

Infrastructure Plan (Subject to Mayor’s Veto)

Office of Mayor & City Manager

Sponsors:

1.-E. ID 23-1317

Approve a consultant services agreement with Magellan

Advisors for project design engineering for Last Mile

broadband deployment in an amount not to exceed $496,874

(RFQ No. 12303131).

Information Services Department

Sponsors:

1.-F. ID 23-1575

Actions pertaining to the Local Immigrant Integration and

Inclusion Grant (LIIIG) Program:

1. Authorize the City Manager to accept the $380,650 in

grant funding for the Local Immigrant Integration and

Inclusion Grant Program from the State of California

Governor’s Office of Business and Economic Development.

2. Authorize the City Manager to execute all related

documents for the acceptance, and administration of the

Local Immigrant Integration and Inclusion Grant Program.

3. Authorize the City Manager to execute a service

agreement between the City of Fresno and the Central

Valley Immigrant Integration Collaborative regarding the

Local Immigrant Integration and Inclusion Grant Program.

4. ***RESOLUTION - Adopt 26th Amendment to the Annual

Appropriation Resolution (AAR) No. 2023-185 appropriating

$194,900 in fiscal year 2024 for the Local Immigrant

Integration and Inclusion Grant Program from the State of

California Governor’s Office of Business and Economic

Development (Requires Five Affirmative Votes) (Subject to

Mayor’s Veto)

Economic Development Department

Sponsors:

1.-G. ID 23-1583

Award a requirements contract for municipal fleet motor oils

and lubricants to Van De Pol Petroleum of Fresno, California

for three years, with three optional one-year extensions, for

an amount not-to-exceed $134,408 per year plus annual CPI

adjustments (Bid File 12400150).

General Services Department

Sponsors:

1.-H. ID 23-1606

Approve the award of a cooperative purchase agreement to

PB Loader Corporation of Fresno, California, for the

purchase of two Model L-250-CT PB Loaders in the amount

of $748,158 for the Department of Public Works.

General Services Department

Sponsors:

1.-I. ID 23-1638

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 $297,890.04 annually

General Services Department and Capital Projects

Department

Sponsors:

1.-J. ID 23-1642

RESOLUTION - Adopting the Measure P Expanded Access

to Arts and Culture Grant guidelines.

Parks, After School and Recreation and Community Services

Department

Sponsors:

1.-K. ID 23-1629

***RESOLUTION: Adopt the Seventh Amendment to Fiscal

Year 2024 Salary Resolution No. 2023-183, amending

Exhibit 14, Unit 14, Management Classes (CFMEA) by

adding the new classification and providing a monthly salary

step plan range for Animal Behaviorist, effective November

20, 2023 (Subject to Mayor’s Veto)

Personnel Services Department

Sponsors:

1.-L. ID 23-1623

Actions pertaining to the HOME Investment Partnerships

Program, Community Housing Development Organization,

Agreement with Habitat for Humanity Fresno County, Inc.

1. Adopt a finding of Categorical Exemption pursuant to

Section 15303/Class 3 of the California Environmental

Quality Act (CEQA) Guidelines.

2. Approve a $253,673.00 HOME Investment Partnerships

Program, Community Housing Development Organization

Agreement with Habitat for Humanity Fresno County, Inc., for

the construction of a single-family house at 64 E. Atchison

Street in southwest Fresno (Council District 3).

Planning and Development Department

Sponsors:

1.-M. ID 23-1578

Actions pertaining to funding provided by the U.S.

Department of Housing and Community Development Office

of Community Planning and Development (HUD CPD):

1. ***RESOLUTION - Adopting Substantial Amendment

2023-02 to the Fiscal Year (FY) 2023-2024 Annual Action

Plan and authorizing submission to the U.S. Department of

Housing and Urban Development (HUD) to reprogram

$2,580,129.32 in Community Development Block Grant

(CDBG) funds; and authorizing the City Manager or

designee to sign all implementing documents as approved to

form by the City Attorney (Subject to Mayor’s Veto)

Planning and Development Department

Sponsors:

1.-N. ID 23-1612

Approve the First Amendment to the service contract with

Bode Cellmark Forensics, Inc., to increase the contract

amount by not to exceed $518,400 to cover the expenses

incurred and projected through FY 2024 (Bid File 9616)

Police Department

Sponsors:

1.-O. ID 23-1597

Approve the Third Amendment to the Professional

Architectural Service Agreement with O’Dell Engineering

Inc., of Fresno, CA, in the amount of $140,500, increasing

the total contract amount to $610,400, with a remaining

contingency of $3,500, for professional engineering services

to provide design and construction support services for the

development of accessibility improvement plans for the Play

Structure Improvements Project (Council Districts 2, 3, 4, 5,

6 ,7).

Capital Projects Department, Parks, After School and

Recreation and Community Services Department

Sponsors:

1.-P. ID 23-1609

Approve the First Amendment to the Professional

Architectural Services Agreement with

Temple-Andersen-Moore Architects, LLP, in the amount of

$60,000, increasing the total contract amount to $187,880,

with a remaining contingency of $10,000, due to increased

scope of services for the Paul “Cap” Caprioglio Community

Center Remodel Project (Council District 4)

Capital Projects Department, Parks, After School and

Recreation and Community Services Department

Sponsors:

1.-Q. ID 23-1602

Approve the First Amendment to the Professional

Engineering Services Agreement with Stearns, Conrad and

Schmidt Consulting Engineers, of Long Beach, California to

expand the scope of services for the design of the

Renewable Natural Gas Diversion into Natural Gas Pipeline

Project, increasing the total contract amount by $137,356.58,

for a total increased contract amount of $360,115.22, with a

remaining contingency of $20,000.00, and extend the

agreement term from December 30, 2023 to December 31,

2026 (Council District 3 and unincorporated Fresno County).

Capital Projects Department and Department of Public

Utilities

Sponsors:

1.-R. ID 23-1585

Approve Contract Change Order No. 3 with American Paving

Company, to increase Contract Time by thirty-five (35)

working days, for the Barstow Avenue Class IV Bikeway

Project - Project ID PW00972 (Council District 4).

Capital Projects Department and Public Works Department

Sponsors:

1.-S. ID 23-1468

Approve an agreement for Professional Engineering

Services with Mark Thomas & Company, Inc. for $180,913,

with an $18,000 contingency, for Preliminary Engineering

services for the Shields Avenue and Van Ness Boulevard

Section 130 Railroad Grade Crossing Improvements Project

(Council Districts 1 and 7).

Capital Projects Department and Public Works Department

Sponsors:

1.-T. ID 23-1541

Approve an agreement for professional engineering services

with BKF Engineers, Inc. of Walnut Creek, CA for $140,465,

with a $17,000 contingency, for design and construction

support services for the Herndon Avenue Overlay Project

from Valentine Avenue to Marks Avenue (District 2).

Capital Projects Department and Public Works Department

Sponsors:

1.-U. ID 23-1610

Actions pertaining to the Southwest Green Trail Replacing

Cast-In-Place Pipe with Pre-Cast Project (Bid File No.

12400534) (Council District 3):

1. Adopt an Addendum to the previously adopted Mitigated

Negative Declaration, Doc. No. E202010000079, dated

February 2020, in accordance with Section 15164 of the

California Environmental Quality Act (CEQA) Guidelines

2. Award a construction contract in the amount of $369,450

to West Valley Construction Company, Inc. of Fresno,

California

Capital Projects Department and Public Works Department

Sponsors:

1.-V. ID 23-1611

Approve the Second Amendment to the Consultant Services

Agreement with Sherwood Design Engineers, Inc. of Santa

Cruz, California, in the amount of $62,217, for a total

increased contract amount of $215,341, with a remaining

contingency of $1,799, for professional engineering services

for the Southwest Fresno Trail Project (Council District 3).

Capital Projects Department and Public Works Department

Sponsors:

1.-W. ID 23-1557

Approve a consultant services agreement with Black &

Veatch Corporation, for design of Dewatering Cake Pump

Improvements at the Fresno-Clovis Regional Wastewater

Reclamation Facility for an amount not to exceed $637,686

(Bid File 12400070) (Citywide)

Department of Public Utilities

Sponsors:

1.-X. ID 23-1618

Actions pertaining to the Fresno-Clovis Regional Wastewater

Reclamation Facility raw sewage pump repair (Council

District 3):

1. Adopt a finding of Categorical Exemption pursuant to

Class 1, set forth in the California Environmental Quality Act

(CEQA) Guidelines Sections 15301(b)&(d) (Existing

Facilities).

2. *** RESOLUTION - Declare an urgent necessity

exemption under the Fresno Charter, Procurement and

Competitive Bidding Section 1208(A)(5)(V) for the repair,

installation, and commissioning of a rebuilt raw sewage

pump at the Fresno-Clovis Regional Wastewater

Reclamation Facility by JM Squared Associates, Inc., in an

amount not to exceed $229,517. (Subject to Mayor’s Veto)

(Requires 5 Affirmative Votes)

3. Award a product and service agreement to JM Squared

Associates, Inc., in the amount of $229,517, to repair, install,

and commission a rebuilt raw sewage pump at the

Fresno-Clovis Regional Wastewater Reclamation Facility.

Department of Public Utilities

Sponsors:

1.-Y. ID 23-1625

Actions pertaining to the First Amendment to the Service

Agreement with Kochergen Farms Composting, Inc., to

comply with Senate Bill 1383 Short-Lived Climate Pollutants

(citywide):

1. RESOLUTION - Adopt findings pursuant to California

Environmental Quality Act (CEQA) Guidelines Sections

15091 and 15093 as required for Responsible Agencies by

California Environmental Quality Act (CEQA) Guidelines

Section 15096 for Senate Bill 1383 Regulations Short-Lived

Climate Pollutants: Organic Waste Methane Emission

Reduction

2. Approve the First Amendment to the Service Agreement

related to receiving and processing of organic waste with

Kochergen Farms Composting, Incorporated

Department of Public Utilities

Sponsors:

1.-Z. ID 23-1626

Approve a First Amendment to a product requirements

contract with Badger Meter, Incorporated, to increase

monetary consideration, for the purchase of water meters,

parts, and software technology, in the amount of $1,800,000

for a total contract amount of $7,800,000 (Bid File No. 9546)

(Citywide)

Department of Public Utilities

Sponsors:

ID 23-1627

***RESOLUTION - Amending Resolution 2023-075,

declaring an urgent necessity for the preservation of life,

health, property and authorizing the City Manager or

designee, to enter into agreements without advertised

-AA.

competitive bidding for the emergency repair of the North

Avenue sewer trunk main to increase the not to exceed cost

from $3,200,000 to $4,200,000. (Requires 5 Affirmative

Votes) (Subject to Mayor's Veto) (Council Districts 3, 5, and

Fresno County)

Department of Public Utilities

Sponsors:

ID 23-1604

Actions pertaining to professional consulting services for the

Active Transportation Plan Update (Citywide):

1. Approve a Professional Consultant Services Agreement

with TJKM Transportation Consultants, in the amount not to

exceed $398,000.

-BB.

Public Works Department

Sponsors:

ID 23-1640

***BILL B-34 - (Intro’d November 2, 2023) (For Adoption)

Amending the uncodified ordinance to adopt changes and

additions to the official list of designated special speed zones

for various streets within the City of Fresno pursuant to

Section 14-1501 of the Fresno Municipal Code (Citywide)

(Subject to Mayor’s Veto).

-CC.

Public Works Department

Sponsors:

ID 23-1645

***Resolution - Directing the City Manager or Designee to

Notify the Council of Any Delays to Existing Citywide and

District Projects Caused by New Public Works or Capital

Projects, Acceptance of Grant Funds or the Reprograming of

Funds (Subject to Mayor’s Veto)

-DD.

Council President Maxwell

Sponsors:

ID 23-1661

***Resolution - Amending the Powers and Duties of the City

of Fresno Women’s Commission (Subject to Mayor’s Veto)

-EE.

Councilmember Esparza

Sponsors:

CONTESTED CONSENT CALENDAR

2. SCHEDULED COUNCIL HEARINGS AND MATTERS

10:05 A.M. (CONTINUED TO DECEMBER 14, 2023, AT 10:05 AM)

ID 23-1639

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.

1. ADOPTION of a finding set forth in Environmental

Assessment No. P23-01018, that Text Amendment

Application No. P23-01018 is exempt from the California

Environmental Quality Act (CEQA) pursuant to Section

15303/Class 3.

2. BILL (for introduction) amending Chapter 15 of the Fresno

Municipal Code Section 15-2009, relating to the Zone

Districts where razor wire fencing is permitted.

Planning and Development Department

Sponsors:

10:10 A.M.

ID 23-1522

Consideration of an appeal filed regarding Conditional Use

Permit Application No. P23-00244 and related Environmental

Assessment for property located at 3045 West Bullard

Avenue on the southwest corner of West Bullard and North

Marks Avenues (Council District 2).

1. ADOPT Environmental Assessment No. P23-00244,

dated July 1, 2023, a determination that the proposed project

is exempt from the California Environmental Quality Act

(CEQA) through a Section 15301/Class 1 Categorical

Exemption.

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

Commission to approve Conditional Use Permit Application

No. P23-00244 authorizing the extension of the hours of

operation for an existing restaurant with alcohol sales with a

State of California Alcoholic Beverage Control (ABC) Type

47 alcohol license (On-Sale General - Eating Place), subject

to the Conditions of Approval dated October 4, 2023, as

amended by the Planning Commission.

Planning and Development Department

Sponsors:

3:00 P.M.

ID 23-1508

Actions pertaining to Harmony Communities’ (Harmony or

Owner) proposed closure of La Hacienda Mobile Estates:

1. HEARING to consider sufficiency of Conversion Impact

Report and Relocation Plan.

2. RESOLUTION - Rejecting the Conversion Impact Report

and Relocation Plan for the Proposed Closure of La

Hacienda Mobile Estates Under Government Code 65863.7.

City Attorney's Office

Sponsors:

3. GENERAL ADMINISTRATION

4. CITY COUNCIL

5. CLOSED SESSION

5.-A. ID 23-1679

CONFERENCE WITH LEGAL COUNSEL-EXISTING

LITIGATION

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

Veronica A. Flores v. City of Fresno, et al.; Fresno Superior

Court Case No.: 20CECG01711

City Attorney's Office

Sponsors:

5.-B. ID 23-1648

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

DECEMBER 7, 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. 147 (Final Tract Map No. 6269) (located on the southwest corner

of North Willow Avenue and North Alicante Drive) (Council District 6)

DECEMBER 14, 2023

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.

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)