Thursday, January 19, 2023
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 - 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
Meeting Agenda - Final
Regular Meeting
January 19, 2023City Council Meeting Agenda - Final
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.
OR
2. You are invited to a Zoom webinar.
When:January 19, 2023, 9:00 AM Pacific Time (US and Canada) Topic: January 19, 2023, Regular Meeting
a) Register in advance for this webinar:
https://zoom.us/webinar/register/WN_Yu90wJWhTnK5PctebPk85w 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.
January 19, 2023City Council Meeting Agenda - Final
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 clerk@fresno .gov. To ensure availability, you are advised to make your request at least three business days prior to the meeting.
January 19, 2023City Council Meeting Agenda - Final
9:00 A.M. ROLL CALL
Invocation by Edward D. Thomas II from Living Word International Church Pledge of Allegiance to the Flag
APPROVE AGENDA
CEREMONIAL PRESENTATIONS
Proclamation for “Frances ‘Skip’ Echeverria Day”ID 23-101 Sponsors: Councilmember Karbassi
Proclamation for “Dope Barbershop Day” in the City of
Fresno
ID 23-19
Sponsors: Councilmember Chavez
Proclamation for “Human Trafficking Awareness Month”ID 23-131 Sponsors: Councilmember Esparza
Proclamation for “Michael Lopez Day”ID 23-122
Sponsors: Council President Maxwell, Vice President Perea and Councilmember Chavez
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 Minutes for January 5, 2023, Regular Meeting.ID 23-891.-A.
Sponsors: Office of the City Clerk
Actions pertaining to Airports Department - Job Order
Contracting (Bid File 12300168) (Council District 4)
1. Adopt a finding of Categorical Exemption pursuant to Section 15301 of the California Environmental Quality Act ID 23-351.-B.
January 19, 2023City Council Meeting Agenda - Final
(CEQA) Guidelines
2. Award Job Order Contracting contracts for General
Building construction to EXBON Development, Inc., Durham Construction Company, Inc., Ardent General and Puma
Construction Co., Inc.; for HVAC construction to Strategic Mechanical, and Mesa Energy Systems, Inc.; and for
Electrical construction to Collins Electrical Company, Inc., and Valley Unique
Sponsors: Airports Department
Approve a consultant services agreement with CSDA Design Group to provide professional noise abatement related
consultant services for the Fresno Yosemite International Airport Residential Sound Insulation Program in an amount not to exceed $376,617.62 (Phase 18, Bid Group 26A)
(Council District 4)
ID 23-691.-C.
Sponsors: Airports Department
***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 23-931.-D.
Sponsors: Fire Department
Approve the first amendment to the Bank of America
contract for banking services to allow for amendments to the Services that are not included in the scope of services but are necessary for City business operations
ID 23-1161.-E.
Sponsors: Finance Department
Approve the award of three citywide Requirements Contracts to CORE, Facility Designs, and Tangram for five years with two one-year optional extensions for the purchase of
furniture, installation, and related products and services, not to exceed $750,000 per year plus annual CPI increases (Bid File 9666)
ID 23-801.-F.
Sponsors: General Services Department
Approve a lease agreement between the City of Fresno and Bericon Partners, LLC, a California limited liability company, ID 23-1141.-G.
January 19, 2023City Council Meeting Agenda - Final
to lease office space in amount of $69,561.60 annually in rent payments for three years, totaling $208,684.80 in rent plus the cost of utilities
Sponsors: General Services Department
***RESOLUTION - Authorizing a Grant Application Totaling up to $250,000 to the California Office of Traffic Safety (CA OTS) to Fund Bicycle and Pedestrian Safety Programming
and Authorizing the Execution of Related Documents by the Parks, After School, Recreation and Community Services
(PARCS) Department Director or Designee. (Subject to
Mayor’s Veto) (Citywide)
ID 23-871.-H.
Sponsors: Parks, After School and Recreation and Community Services Department
***RESOLUTION - Authorizing and directing submission of an application for funding under the State of California Regional Early Action Planning Grants of 2021 (REAP 2.0) Higher Impact Transformative (HIT) Allocation for
$10,000,000 for water/wastewater infrastructure
improvements near the future High Speed Rail station
(Subject to Mayor’s veto)
ID 23-1051.-I.
Sponsors: Planning and Development Department
Approve the Fifth Amendment to the Consultant Services
Agreement with Blair, Church & Flynn, Consulting Engineers, Inc., of Clovis, California in the amount of $24,962 to provide additional civil engineering design, bidding and construction support services for the Peach Avenue Widening Project
between Butler and Jensen Avenues, for a total contract amount of $351,924 (Council District 5)
ID 23-651.-J.
Sponsors: Public Works Department
Approve a substitution of listed Subcontractors Fresno
Fab-Tech and Boneso Brothers for FAX Facility
Improvement Project (Council District 3)
ID 23-721.-K.
Sponsors: Public Works Department
January 19, 2023City Council Meeting Agenda - Final
RESOLUTION - Of Intention to Annex Final Tract Map No.
6400 as Annexation No. 136 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, February 23, 2023 at 10:00 a.m.
(southwest corner of East Clinton Avenue and North
Armstrong Avenue) (Council District 7)
ID 23-851.-L.
Sponsors: Public Works Department
Approve the First Amendment to the consultant services
agreement with Kleinfelder, Inc., to increase the contract amount by $46,785 for a total fee not to exceed $95,200 with $10,000 remaining in contingency, to provide
hydrogeological support services during the drilling and construction of the new public water supply well at Pump Station 372 (Council District 3).
ID 23-811.-M.
Sponsors: Department of Public Utilities
Actions related to acceptance of a WaterSMART Water
Energy and Efficiency Grant award from the United States Department of the Interior, Bureau of Reclamation:
1. Adopt a finding of Categorical Exemption pursuant to Section 15301(a)/Class 1 of the California Environmental Quality Act (CEQA) Guidelines
2. ***Approve an Assistance Agreement with the United
States Department of the Interior, Bureau of Reclamation and accept receipt of a $379,390 WaterSMART grant for the Smart Irrigation Timers Direct Install Project (Subject to Mayor’s veto)
3. ***Resolution - Adopt the18th Amendment to the Annual Appropriation Resolution (AAR) No 2022-154 establishing appropriations in the amount of $843,700 for the
WaterSMART grant for the Smart Irrigation Timers Direct Install Project (Requires 5 affirmative votes) (Subject to Mayor’s Veto)
ID 23-631.-N.
Sponsors: Department of Public Utilities
January 19, 2023City Council Meeting Agenda - Final
Actions pertaining to receiving non-storable flood flows from Millerton Lake:
1. Adopt a finding of statutory exemption pursuant to
California Environmental Quality Act (CEQA) Guidelines
Section 15282(u).
2. ***RESOLUTION - Authorizing the Execution of a contract for Temporary Water Service between the United States and the City of Fresno to purchase and accept non-storable flood flows from Millerton Lake during the current water year.
ID 23-1041.-O.
Sponsors: Department of Public Utilities
Actions pertaining to the 2022 Project Safe Neighborhoods grant program
1. Authorize the Chief of Police to accept $430,318 in grant funding from the Office of Justice Program (OJP) through the Bureau of Justice Assistance (BJA) and execute the grant agreement for the 2022 Project Safe Neighborhoods grant.
2. ***RESOLUTION - Adopt the 21st amendment to the
Annual Appropriation Resolution No. 2022-154 appropriating $427,300 to the Police Department’s FY 2023 budget for the Project Safe Neighborhoods grant program (Requires 5
affirmative votes)(Subject to Mayor’s veto).
3. ***RESOLUTION - Authorizing the Chief of Police or his Designee to execute a contract with Penlink, Ltd. for the purchase of hardware, software and maintenance services, in the amount of $320,000 without advertised competitive bidding.
ID 23-961.-P.
Sponsors: Police Department
Actions pertaining to the 2023 Law Enforcement Specialized Unit Program:
1. Authorize acceptance of $203,143 in grant funding from the California Governor’s Office of Emergency Services’ Law Enforcement Specialized Unit Program to the Fresno Police Department
2. ***RESOLUTION - Adopt the 23rd Amendment to the
Annual Appropriation Resolution (AAR) No. 2022-154
appropriating $203,100 for the Police Department’s Law
Enforcement Specialized Unit Program Grant in the
department’s Domestic Violence Unit (requires five
affirmative votes) (Subject to Mayor’s veto)
ID 23-941.-Q.
January 19, 2023City Council Meeting Agenda - Final
3. Approve a Memorandum of Understanding with the
Marjaree Mason Center
Sponsors: Police Department
Submission for Informational Purposes of the Annual
Comprehensive Financial Reports (“ACFR”) regarding the
Financial Activities of the City of Fresno Retirement Systems for the Fiscal Year Ending June 30, 2022
ID 23-841.-R.
Sponsors: Retirement Department
***RESOLUTION - Updating the Policy Entitled “School
Liaison Act” (Subject to Mayor’s Veto)
ID 23-1371.-S.
Sponsors: Councilmember Esparza
Council Boards and Commissions Communications,
Reports, Assignments and/or Appointments,
Reappointments, Removals to/from City and non-City Boards and Commissions
ID 23-591.-T.
Sponsors: Council President Maxwell
RESOLUTION - Amending Rule 2 of the Council Rules of
Procedure Relating to the Election of Council President and Vice President
ID 23-1201.-U.
Sponsors: Council President Maxwell
***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 23-901.-V.
Sponsors: Council President Maxwell
Joint Meeting of The City Council, The City in Its Capacity as Housing Successor to the Redevelopment Agency of the City of Fresno and The Fresno Revitalization Corporation
*** RESOLUTION - Declaring a .29-acre vacant parcel
located at the southeast corner of E. Ventura Street and S.
Seventh Street (APN: 470-052-01T), a 2.85-acre vacant
parcel located on E. Ventura Street between S. Eighth Street and S. Seventh Street (APN: 470-052-02T), and a .26-acre ID 23-641.-W.
January 19, 2023City Council Meeting Agenda - Final
vacant parcel located at the southeast corner of S. Eighth Street and E. El Monte Way (APN: 470-052-03T), to be
exempt surplus land and directing staff to comply with the open and competitive request for proposals process for the disposition of these parcels for a mixed-use mixed-income housing development as required by FMC Section 4-204
(District 5) (Subject to Mayor’s Veto)
Sponsors: Planning and Development Department and Successor Agency to the Redevelopment Agency of the City of Fresno Successor Agency to the Redevelopment Agency of the City of Fresno and Fresno Revitalization Corporation (FRC)
consider adopting:
1. RESOLUTION - Approving the Recognized Obligation
Payment Schedule 23-24
ID 23-881.-X.
Sponsors: Successor Agency to the Redevelopment Agency of the City of Fresno
CONTESTED CONSENT CALENDAR
2. SCHEDULED COUNCIL HEARINGS AND MATTERS
10:00 A.M. #1
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. 135 (Final Tract Map No. 5388) (located along West San Jose Avenue north of North Salinas Avenue) (Council District 2)
1. ***RESOLUTION - to Annex Territory to Community
Facilities District No. 11 and Authorizing the Levy of a Special Tax for Annexation No. 135 (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. 11, Annexation No. 135 (Subject to Mayor’s Veto)
ID 23-92
January 19, 2023City Council Meeting Agenda - Final
Sponsors: Public Works Department
10:00 A.M. #2
Actions pertaining to Final Map of Tract No. 5388
RESOLUTION - Approving the Final Map of Tract No. 5388, and accepting dedicated public uses offered therein except for dedications offered subject to City acceptance of
developer installed required improvements - located at the intersection of North Salinas Avenue and West San Jose
Avenue (Council District 2)
ID 23-66
Sponsors: Public Works Department
10:05 A.M.
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.
ID 23-16
Sponsors: Planning and Development Department
January 19, 2023City Council Meeting Agenda - Final
10:10 A.M.
JOINT MEETING WITH THE FRESNO JOINT POWERS FINANCING
AUTHORITY (JPFA). MEMBERS OF JPFA BOARD: MAYOR DYER,
CHAIR BREDEFELD, COUNCILMEMBER KARBASSI
JPFA ACTION
HEARING designating and authorizing certain Finance
Officers of the City of Fresno (“City”) to sign various investment and commercial banking documents, and to
provide verbal instruction required for prudent financial administration and safekeeping of Fresno Joint Powers
Finance Authority (“JPFA”) funds and property
ID 23-107A.
Sponsors: Finance Department
HEARING to consent to and authorize the investment
monies in the Local Agency Investment Fund (“LAIF”) in the custody of the State Treasurer for purposes of prudent
financial administration and safekeeping of Fresno Joint Powers Finance Authority (“JPFA”) funds, and authorize
certain Finance Officers of the City of Fresno (“City”) in connection therewith
ID 23-108B.
Sponsors: Finance Department
CITY ACTION
Appoint and authorize certain Finance Officers of the City of Fresno (“City”) to sign City checks and various investment and commercial banking documents, and to provide verbal instruction required for the prudent financial administration and safekeeping of City funds
ID 23-109C.
Sponsors: Finance Department
Consent to and authorization of the investment of monies in the Local Agency Investment Fund (“LAIF”) in the custody of the State Treasurer for purposes of investment and authorize certain Finance Officers in connection therewith
ID 23-110D.
Sponsors: Finance Department
3. GENERAL ADMINISTRATION
January 19, 2023City Council Meeting Agenda - Final
Progress of Code Enforcement, including ASET Quarterly
report.
ID 23-1213.-A.
Sponsors: City Attorney's Office
4. CITY COUNCIL
Workshop - Constituent Service Software- FiresideID 23-1324.-A.
Sponsors: Councilmember Esparza
5. CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL-EXISTING
LITIGATION
Government Code Section 54956.9, subdivision (d)(1)
Joshua Spengeman v. City of Fresno
ID 23-735.-A.
Sponsors: City Attorney's Office
CONFERENCE WITH LEGAL COUNSEL-EXISTING
LITIGATION
Government Code Section 54956.9, subdivision (d)(1)
Case Name: Lori Brown (Richard Brown, Dec’d) v. City of Fresno, PSI, Admin by Tristar Risk Management; WCAB
No.: ADJ14667282
ID 23-745.-B.
Sponsors: City Attorney's Office
CONFERENCE WITH LEGAL COUNSEL-EXISTING
LITIGATION
Government Code Section 54956.9, subdivision (d)(1)
Case Name: William Hunter v. City of Fresno, PSI, Admin. by Tristar Risk Management; WCAB Case No. ADJ11218501;
Claim No.: 1010102289.
ID 23-755.-C.
Sponsors: City Attorney's Office
CONFERENCE WITH LEGAL COUNSEL-EXISTING
LITIGATION
Government Code Section 54956.9, subdivision (d)(1)
Case Name: Joseph Ploharz v. City of Fresno, PSI, Admin by Tristar Risk Management; ADR Case No.: FP-ADR-01387
ID 23-765.-D.
January 19, 2023City Council Meeting Agenda - Final
Sponsors: City Attorney's Office
CONFERENCE WITH LEGAL COUNSEL-EXISTING
LITIGATION
Government Code Section 54956.9, subdivision (d)(1)
Case Name: Cary Weigant v. City of Fresno, PSI, Admin by Tristar Risk Management; IDR Case No.: FP-ADR-01250
ID 23-775.-E.
Sponsors: City Attorney's Office
CONFERENCE WITH LEGAL COUNSEL-EXISTING
LITIGATION
Government Code Section 54956.9, subdivision (d)(1)
Terance Frazier, et al. v. City of Fresno, et al.; United States District Court Case No.: 1:20-CV-01069
ID 23-975.-F.
Sponsors: City Attorney's Office
CONFERENCE WITH LEGAL COUNSEL-EXISTING
LITIGATION
Government Code Section 54956.9, subdivision (d)(1)
Case Name: Sonia Quintero-Perez v. City of Fresno, et al.
Fresno Superior Court Case No. 18CECG00843
ID 23-1185.-G.
Sponsors: City Attorney's Office
CONFERENCE WITH REAL PROPERTY NEGOTIATOR -
Government Code Section 54956.8
Property: 591 N. Fowler (Fowler and Tulare)
Negotiating Parties: City Manager; BN Diversified, LLC. (Bonadelle Homes)
Under negotiations: Price and terms of sale
ID 23-1335.-H.
Sponsors: City Attorney's Office
CONFERENCE WITH LEGAL COUNSEL-EXISTING
LITIGATION
Government Code Section 54956.9, subdivision (d)(1)
Case Name: Nelson Esparza v. Garry Bredefeld; Fresno
Superior Court Case No. 22CECG01469
ID 23-1415.-I.
Sponsors: City Attorney's Office
January 19, 2023City Council Meeting Agenda - Final
ADJOURNMENT
UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS
FEBRUARY 23, 2023
10:00 A.M. - HEARING for City of Fresno Community Facilities District No. 11 (southwest corner of East Clinton Avenue and North Armstrong Avenue (District 7) MARCH 30, 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. 137 (Final Tract Map No. 6299) (located at the southeast corner of East Belmont Avenue and North Armstrong Avenue) (Council District 5) MARCH 30, 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. 17, Annexation LS003 (Final Tract Map No. 6299) (located at southeast corner of East Belmont Avenue and North Armstrong Avenue) (Council District 5)
UPCOMING EMPLOYEE CEREMONIES
April 19, 2023 (Wednesday) - Employee of the Spring Quarter April 26, 2023 (Wednesday) - Employee Service Awards
July 19, 2023 (Wednesday) - Employee of the Summer Quarter October 18, 2023 (Wednesday) - Employee of the Fall Quarter November 15, 2023 (Wednesday) - Employee Service Awards 2023 CITY COUNCIL MEETING SCHEDULE
JANUARY 26, 2023 - NO MEETING
FEBRUARY 02, 2023 - NO MEETING
FEBRUARY 09, 2023 - 9:00 A.M.
FEBRUARY 16, 2023 - NO MEETING
FEBRUARY 23, 2023 - 9:00 A.M.
MARCH 02, 2023 - NO MEETING
MARCH 09, 2023 - 9:00 A.M.
MARCH 16, 2023 - NO MEETING
MARCH 23, 2023 - NO MEETING
MARCH 30, 2023 - 9:00 A.M.
January 19, 2023City Council Meeting Agenda - Final
APRIL 06, 2023 - NO MEETING
APRIL 13, 2023 - NO MEETING
APRIL 20, 2023 - 9:00 A.M.
APRIL 27, 2023 - 9:00 A.M.