Thursday, October 20, 2022
9:00 AM
City of Fresno
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
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
Meeting Agenda - Final-revised
Regular Meeting
October 20, 2022City Council Meeting Agenda -
Final-revised
THE FRESNO CITY COUNCIL WELCOMES YOU TO CITY COUNCIL CHAMBERS, LOCATED IN CITY HALL, 2ND FLOOR, 2600 FRESNO STREET, FRESNO, CALIFORNIA 93721.
You can also 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 use to make comments on agenda items which will become part of the official record. It 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.
OR
2. You are invited to a Zoom webinar.
When: October 20, 2022 9:00 AM Pacific Time (US and Canada) Topic: October 20, 2022 Regular Meeting
a) Register in advance for this webinar:
https://zoom.us/webinar/register/WN_YcvsScDgQ32xBvq-4urbuA 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.
October 20, 2022City Council Meeting Agenda -
Final-revised
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.
OR
3. Email: to [email protected]
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 [email protected]. To ensure availability, you are advised to make your request at least three business days prior to the meeting.
October 20, 2022City Council Meeting Agenda -
Final-revised
9:00 A.M. ROLL CALL
Invocation
Pledge of Allegiance to the Flag
APPROVE AGENDA
CEREMONIAL PRESENTATIONS
Proclamation for “October Breast Cancer Awareness Month and Metastatic Breast Cancer Action Week”
ID 22-1610
Sponsors: Councilmember Soria
Proclamation for “Health Literacy Awareness Month”ID 22-1606 Sponsors: Office of Mayor & City Manager
Announcement of Fall Employee of the Quarter (EOQ)
Recipients
ID 22-1602
Sponsors: Office of the City Clerk
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
Approval of the regular meeting minutes of October 13, 2022 and special meeting minutes of September 29, 2022.
ID 22-16011.-A.
Sponsors: Office of the City Clerk
***RESOLUTION - Adopting the 573rd Amendment to the
Master Fee Schedule Resolution No. 80-420 to add and
revise various fees for the Tower Theatre and move all
Tower Theatre fees from the General Government Section to the Parks, After School, Recreation, and Community Services ID 22-15461.-B.
October 20, 2022City Council Meeting Agenda -
Final-revised
Section (Subject to Mayor’s Veto)
Sponsors: Office of Mayor & City Manager
Approve agreement with Moss Adams, LLP for consultant
services for agreed-upon procedures for $190,640 (RFP No. 10121)
ID 22-16151.-C.
Sponsors: Office of Mayor & City Manager
***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) ID 22-16161.-D.
Sponsors: Fire Department
Award a two-year Requirements Contract with three one-year extensions to West Star Environmental, Inc. of Fresno,
California, for citywide fuel site maintenance, repair, and testing required to remain in compliance with the County of Fresno and San Joaquin Valley Air Pollution Control District regulations not to exceed the five-year total amount of $280,162 plus CPI adjustments (Bid File 9636) (Citywide) ID 22-15091.-E.
Sponsors: General Services Department
Actions pertaining to the Local Agency Technical Assistance (LATA) grant:
1. Authorize the Chief information Officer to accept $496,874 in grant funding for the LATA grant awarded to the City of Fresno from the California Public Utilities Commission
(CPUC).
2. ***RESOLUTION - Adopt the 13th Amendment to the
Annual Appropriation Resolution (AAR) No. 2022-154
appropriating $496,874 for the LATA grant (Requires five affirmative votes) (Subject to Mayor’s veto).
ID 22-16081.-F.
Sponsors: Information Services Department
Actions pertaining to the allocation of funding for the Violence Intervention and Prevention Initiative Grant Program:
1. Approve the recommendation of grant proposals allocating ID 22-15991.-G.
October 20, 2022City Council Meeting Agenda -
Final-revised
$950,000 from American Rescue Plan Act (ARPA) and
$550,000 in General funding to local Community Based
Organizations totaling $1,500,000 to the following
organizations: Boys & Girls Club of Fresno County
($165,000); Every Neighborhood Partnership ($75,000);
Focus Forward ($50,000); Fresno Economic Opportunities
Commission/Advance Peace ($375,000); Fresno Police
Activities League ($75,000); HandsOn Central
California/Fresno Street Saints ($75,000); Hope Now for Youth ($130,000); Live Again Fresno ($150,000); Take a
Stand Committee ($50,000); The Resiliency Center
($50,000); Trauma Research and Education Foundation of
Fresno ($130,000); West Fresno Health Care Coalition dba West Fresno Family Resource Center ($150,000) and
Integral Community Solutions Institute ($25,000) for
evaluation services.
2. RESOLUTION - Granting Authority to the Parks, After
School, Recreation and Community Services (PARCS)
Director or their Designee to Enter Into Agreements with Community Based Organizations For One Year With The
Option of One, One-Year Extension and Amendment to
Provide Programs and Services Funded by the American
Rescue Plan Act (ARPA) and General Fund to Aid in the
COVID-19 Recovery Effort. (Citywide)
Sponsors: Parks, After School and Recreation and Community Services Department
Actions pertaining to the use of Parking Garage 7:
1. Adopt a finding of Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the California
Environmental Quality Act (CEQA) Guidelines.
2. Approve the Second Amendment to the License
Agreement between the City of Fresno, and T-Mobile West, LLC., to license use of certain real property, together with access and utility rights located at the Fresno City Parking Garage 7 (801 Van Ness Avenue, Fresno, CA 93721) for four (4) five-year terms and total contract revenue of $436,920 (District 3)
ID 22-15471.-H.
October 20, 2022City Council Meeting Agenda -
Final-revised
Sponsors: Planning and Development Department
Action relating to repealing and adding Building Regulations in the Fresno Municipal Code
1. BILL (For Introduction) - Adopting express findings related to local climatic, topographical and geological conditions that make the City’s amendments to the California Mechanical Code and California Plumbing Code reasonably necessary
and repealing Sections 11-101 through Section 11-109 of Article 1, Chapter 11 of the Fresno Municipal Code and
adding Sections 11-101 through Section 11-109 of Article 1, of Chapter 11 to adopt and amend the California Building, Residential, Electrical, Mechanical, Plumbing, Energy and Green Building Standards Codes
ID 22-15301.-I.
Sponsors: Planning and Development Department
RESOLUTION - Of Intention to Establish 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; and setting the public hearing for Thursday, December 1, 2022 at 10:10am (T-6310, near the northwest corner of Dakota and Polk Avenues; T-6234,
southwest corner of Dakota & Hayes Avenues; future
annexation area encompasses entire City of Fresno)
(Citywide)
ID 22-16231.-J.
Sponsors: Public Works Department
Authorize the Chief of Police to execute a services and facilities contract with the Fresno County Department of Behavioral Health (DBH) to enhance the Fresno Police
Department’s response to calls involving individuals
experiencing a mental health crisis by continuing our existing partnership with DBH and contract mental health service providers
ID 22-14571.-K.
Sponsors: Police Department
RESOLUTION - Approve a grant application for the
Blackstone Avenue and McKinley Avenue BNSF Grade
Separation Project for formulaic grant funds in the amount of ID 22-15431.-L.
October 20, 2022City Council Meeting Agenda -
Final-revised
$1,904,000 from the Local Partnership Program (Council
Districts 1 and 7)
Sponsors: Public Works Department
Approve the Sixth Amendment to the Consultant Services
Agreement with QK Consulting Engineers, Inc., of Clovis, CA in the amount of $5,928, for a total increased contract amount of $86,998, for professional civil engineering design services and preparation of construction documents for the Jensen Avenue Overlay Project from State Route 41 to Martin Luther King Jr. Boulevard (Council District 3)
ID 22-15441.-M.
Sponsors: Public Works Department
BILL - (For introduction) 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)
ID 22-15911.-N.
Sponsors: Public Works Department
***BILL B-30 (Intro’d 10/13/2022) (For Adoption) - Amending Section 9-613 of the Fresno Municipal Code relating to
Exceptions from the Pawnbrokers and Secondhand Dealers
Ordinance. (Subject to Mayor’s Veto)
ID 22-16181.-O.
Sponsors: Councilmember Bredefeld
***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) ID 22-16171.-P.
Sponsors: Councilmember Chavez
***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).
ID 22-13751.-Q.
Sponsors: Council President Esparza
October 20, 2022City Council Meeting Agenda -
Final-revised
RESOLUTION - Amending Rule 6 of the Council Rules of
Procedure Related to Sponsorship of Agenda Items.
ID 22-16311.-R.
Sponsors: Vice President Maxwell
CONTESTED CONSENT CALENDAR
2. SCHEDULED COUNCIL HEARINGS AND MATTERS
10:00 A.M.
Appearance by Mary Padilla to discuss Returning Rightful Living to America. (Speaker Resides in District 2)
ID 22-1603
Sponsors: Office of the City Clerk
10:05 A.M.
Appearance by Steve Markus to discuss alley gate breaches. (Speaker Resides in District 7)
ID 22-1604
Sponsors: Office of the City Clerk
3. GENERAL ADMINISTRATION
WORKSHOP - Fresno Chaffee Zoo Master Plan - presented
by Fresno Chaffee Zoo Chief Executive Officer & Zoo
Director, Jon Forrest Dohlin.
ID 22-16263.-A.
Sponsors: Councilmember Arias
4. CITY COUNCIL
5. CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL-EXISTING
LITIGATION
Government Code Section 54956.9, subdivision (d)(1)
Case Name: City of Fresno v. Fresno Building Healthy
Communities
Court of Appeal Case No.: F084662; and
Case Name: Fresno Building Healthy Communities v. City of ID 22-15345.-A.
October 20, 2022City Council Meeting Agenda -
Final-revised
Fresno
Court of Appeal Case No.: F084666 (PARCS Department)
Sponsors: City Attorney's Office
CONFERENCE WITH LEGAL COUNSEL-EXISTING
LITIGATION
Government Code Section 54956.9, subdivision (d)(1)
Gianna Provenzano v. City of Fresno, et al.
Fresno Superior Court Case No. 21CECG01263
ID 22-16135.-B.
Sponsors: City Attorney's Office
CONFERENCE WITH REAL PROPERTY NEGOTIATOR -
Government Code Section 54956.8
Property: 937-945 F Street; APN 467-07-402
Negotiating Parties: City Manager, Wilson and Yolanda
Wong
Under Negotiation: Terms and conditions of sale
ID 22-16145.-C.
Sponsors: Councilmember Arias
CONFERENCE WITH REAL PROPERTY NEGOTIATOR -
Government Code Section 54956.8 Property: APN
468-400-54T Negotiating Parties: City Manager White,
Prosperous Terra, LLC., (Ruelas, Inc.) Under
Negotiation: Price and terms of sale
ID 22-16125.-D.
Sponsors: Office of Mayor & City Manager
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
ID 22-16275.-E.
Sponsors: Council President Esparza
CONFERENCE WITH LEGAL COUNSEL - POTENTIAL
LITIGATION,
Government Code Section 54956.9(d)(4) - City Council is considering whether to initiate litigation: One (1) potential case
ID 22-16205.-F.
Sponsors: Office of Mayor & City Manager
October 20, 2022City Council Meeting Agenda -
Final-revised
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)
ID 22-16295.-G.
CONFERENCE WITH LEGAL COUNSEL - POTENTIAL
LITIGATION,
Government Code Section 54956.9(d)(4) - City Council is considering whether to initiate litigation: One (1) potential case
ID 22-16335.-H.
ADJOURNMENT
UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS
November 17, 2022
10:00 A.M. - Located on East Tulare Ave between South Clovis Avenue and North Fowler Avenue
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
October 20, 2022City Council Meeting Agenda -
Final-revised
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
November 16, 2022 -Employee Service Awards
2022 CITY COUNCIL MEETING SCHEDULE
OCTOBER 27, 2022 - NO MEETING
NOVEMBER 3, 2022 - 9:00 A.M.
NOVEMBER 10, 2022 - NO MEETING
NOVEMBER 17, 2022 - 9:00 A.M.
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