Thursday, August 24, 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
August 24, 2023City Council Meeting Agenda - Final
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_6DUV1EVyRkGcmksgONPQ0w 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.
August 24, 2023City Council Meeting Agenda - Final
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 [email protected]
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 [email protected]. 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.
August 24, 2023City Council Meeting Agenda - Final
9:00 A.M. ROLL CALL
Invocation by Maggie Guekguezian from the Wesley United Methodist Church Pledge of Allegiance to the Flag
APPROVE AGENDA
CEREMONIAL PRESENTATIONS
Proclamation for “Kapetan Brothers Day”ID 23-1146
Sponsors: Councilmember Bredefeld
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
Approval of Minutes for August 10, 2023, Regular Meeting.ID 23-12651.-A.
Sponsors: Office of the City Clerk
Actions pertaining to the Fanning No. 76 Undergrounding Project (Council District 3):
1. Adopt a finding of Categorical Exemption pursuant to Section 15302/Class 2 of the California Environmental
Quality Act Guidelines
2. Approve a Joint Project Agreement with the Fresno
Irrigation District to provide for cost sharing on pipeline construction, for an estimated City contribution in the amount of $225,543.75
ID 23-12031.-B.
Sponsors: Capital Projects Department
August 24, 2023City Council Meeting Agenda - Final
Approve the award of a Requirements Contract for retreading of commercial truck tires to Delray Tire and Retreading of Fresno, California for two years with three one-year optional extensions in the amount of $381,551.00, plus annual CPI adjustments. (Bid File 9659)
ID 23-11961.-C.
Sponsors: General Services Department
Actions pertaining to a Lease Agreement between the City of Fresno and Signature Flight Support LLC, a Delaware limited liability company, for the continued lease of office/hangar space for the Police Department’s Air Support Unit located at 4941 E Andersen, at the Fresno Yosemite International
Airport
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 three-and-a-half-year lease agreement
between the City of Fresno and Signature Flight Support LLC, a Delaware limited liability company in the amount of $44,604 annually, with annual increases by the greater of
3.5% or the CPI Adjustment, plus the proportionate CAM
(Common Area Maintenance) charges at $2,220 annually
ID 23-12241.-D.
Sponsors: General Services Department and Police Department Award a purchase contract to Toyota of Selma, CA, for the purchase of 11 Toyota Prius in the amount of $330,815.38 to be utilized by the City Attorney’s Office Code Enforcement Division and the Planning & Development Department (Bid File 12302272)
ID 23-12311.-E.
Sponsors: General Services Department
Approve the appointment of Al Moncada to the Mobile Home Rent Review and Stabilization Commission as an At-Large Member for a term ending 6/30/2025. Approve the
appointment of Lisa Talley to the Fresno/Clovis Community Media Authority for a term ending 6/30/2025.
ID 23-12511.-F.
Sponsors: Office of Mayor & City Manager
August 24, 2023City Council Meeting Agenda - Final
***RESOLUTION - Authorizing the City Manager or Designee to apply for a $500,000 grant from the California Strategic Growth Council to fund community resilience center planning and execute any grant related documents on behalf of the City (Citywide) (Subject to Mayor’s Veto)
ID 23-12341.-G.
Sponsors: Parks, After School and Recreation and Community Services Department
Actions pertaining to a grant agreement between the City of Fresno and the Cecil C. Hinton Community Center, a
Non-Profit Corporation (District 3):
1. *** RESOLUTION - A Resolution of the Council of the City of Fresno adopting the 11th Amendment to the Annual
Appropriation Resolution NO. 2023-185 reallocating
$500,000 in General Fund and American Rescue Plan
Act-ARPA (Revenue Replacement) Funding Between the
Echo Paving McKinley to Olive Project and the Hinton Center Renovations (Requires five affirmative votes) (Subject to Mayor’s Veto)
2. Approve a two-year, $500,000 Grant Agreement between the City of Fresno and the Cecil C. Hinton Community Center non-profit for the Hinton Center Project
3. Authorize the City Manager or designee to execute all grant related documents on behalf of the City
ID 23-12351.-H.
Sponsors: Parks, After School and Recreation and Community Services Department
Approve a consultant services agreement with JSA
Environmental Consulting in an amount not to exceed
$200,000.00 to provide professional lead-based paint
inspections, testing, risk assessments, and consultant
services for the City’s housing rehabilitation programs.
ID 23-12151.-I.
Sponsors: Planning and Development Department
August 24, 2023City Council Meeting Agenda - Final
Actions pertaining to the West Area Neighborhoods Specific Plan:
1. Approve a consultant services amendment with De Novo Planning Group, for professional environmental analysis services related to the West Area Neighborhoods Specific Plan in the amount of $214,353.70.
ID 23-9821.-J.
Sponsors: Planning and Development Department
Consider Acceptance of the Kings Canyon Corridor Transit Oriented Development Study:
1. Adopt a finding that the project is statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15262 as a feasibility study.
2. RESOLUTION - Accepting the Kings Canyon Corridor
Transit Oriented Development Study
ID 23-11671.-K.
Sponsors: Planning and Development Department
Actions pertaining to renewing the Workforce Connection Young Adult Services Work Experience Agreement between
Fresno Regional Workforce Development Board (FRWDB)
and WIOA Young Adult FRWDB Provider of Service and the
City of Fresno. Per the original agreement FRWDB will
compensate up to 40 participants at minimum wage in an
amount not to exceed $140,400 and the City of Fresno will serve as the worksite. This renewal is to complete the entirety of the agreement for the remaining 22 participants and be effective July 1, 2023 through June 30, 2024.
ID 23-12051.-L.
Sponsors: Personnel Services Department
Approve a Second Amendment Agreement to extend from
September 1, 2023 through August 31, 2026, for Employee Assistance Program Services between the City of Fresno and Halcyon Behavioral Employee Assistance with an expected 2024 Fiscal Year expense of $77,836, an expected 2025
Fiscal Year expense of $82,215, and an expected 2026
Fiscal Year expense of $86,593, for a total contract amount of $246,644 and authorized by the Personnel Services
Director
ID 23-12481.-M.
Sponsors: Personnel Services Department
August 24, 2023City Council Meeting Agenda - Final
***Approve a Side Letter of Agreement with the Fresno Police Officers Association (FPOA), for Unit 4 - Non-Management Police, regarding Court Appearances (Subject to Mayor’s Veto)
ID 23-12751.-N.
Sponsors: Personnel Services Department
BILL - (For Introduction)_-Amending Article 17, Chapter 9, Sections 9-1702 9-1704, 9-1706, 9-1707, 9-1708, 9-1709, 9-1711, 9-1712 and 9-1713 of the Fresno Municipal Code as it relates to police department dispatching of tow trucks.
ID 23-11491.-O.
Sponsors: Police Department
Approve the FY 23 annual participation agreement for the Federal Equitable Sharing Agreement and Certification
Program for the disposition funds, including interest, forfeited in connection with a crime and authorize the City Manager and the Chief of Police to execute related documents.
ID 23-12361.-P.
Sponsors: Police Department
Award of a Requirements Contract to Toter, LLC, for five years, with two one-year optional extensions, in an amount of $951,500 per year for the purchase of up to 15,000 refuse, recycling, and green waste/organics containers using a
cooperative purchase agreement (Citywide).
ID 23-10011.-Q.
Sponsors: Department of Public Utilities
Actions pertaining to the summary vacation of a storm drain basin easement lying north of East Jensen Avenue, between South Knight Avenue and South Martin Luther King Jr.
Boulevard (Council District 3):
1. Adopt a finding of Categorical Exemption per
Environmental Assessment Number PW13217 per staff
determination, pursuant to Section 15304/Class 4 of the California Environmental Quality Act (CEQA) Guidelines
2. ***RESOLUTION - Ordering the summary vacation of a
storm drain basin easement lying north of East Jensen
Avenue, between South Knight Avenue and South Martin
Luther King Jr. Boulevard (Subject to Mayor’s Veto)
ID 23-11631.-R.
Sponsors: Public Works Department
August 24, 2023City Council Meeting Agenda - Final
*** RESOLUTION - Authorizing Submission of Applications for Grant Funds in total amount of approximately $67,865,000 from the 2023/2024 Congestion Mitigation and Air Quality Improvement Program, Carbon Reduction Program, and the
Surface Transportation Block Grant Program Call for Projects from the Fresno Council of Governments and Authorizing the Execution of all Application Related Documents by the Public Works Director, the Transportation Director, or designees (Citywide) (Subject to Mayor’s Veto)
ID 23-12301.-S.
Sponsors: Public Works Department and Department of Transportation ***Bill B-27 (Intro’d August 10, 2023) (For adoption) - Amending Sections 3-610, 3-616, 7-1510, 9-234 and 9-915 of the Fresno Municipal Code, relating to human rights,
including protections against discrimination based on an individual’s caste and indigeneity (Subject to Mayor’s Veto) ID 23-12691.-T.
Sponsors: Councilmember Arias, Councilmember Karbassi and Vice President Perea
BILL - (for introduction) Adding Section 9-110 to Chapter 9 of the Fresno Municipal Code, Adding the Infectious Disease Lab Accountability and Transparency Ordinance.
ID 23-12811.-U.
Sponsors: Councilmember Bredefeld, Councilmember Arias and Councilmember Esparza
***Resolution - To Implement a Public Transportation Agency Safety Plan (Subject to Mayor’s Veto)
ID 23-12821.-V.
Sponsors: Council President Maxwell
Approve the appointment of Rodney Branch (District 4
Resident) to the Fresno Regional Workforce Development
Board for a term ending November 1, 2024.
ID 23-12841.-W.
Sponsors: Council President Maxwell
Approve a First Amendment to the Vendor Agreement with
Fresno Police & Neighborhood Watch for Outreach Services to Extend the Term of the Agreement and Increase
Compensation in the Amount of $100,000.
ID 23-12831.-X.
Sponsors: Councilmember Esparza and Police Department
August 24, 2023City Council Meeting Agenda - Final
CONTESTED CONSENT CALENDAR
2. SCHEDULED COUNCIL HEARINGS AND MATTERS
10:00 A.M.
Appearance by Maria Alvarez Garcia to discuss Demand
accountability for animal abuse and neglect and stop back yard breeders! (Resident of District 1)
ID 23-1227
Sponsors: Office of the City Clerk
10:03 A.M.
Appearance by Jose Velasquez to discuss Code enforcement negligence/ adjacent field to my home causing damage to my home due to fire (Resident of District 1)
ID 23-1264
Sponsors: Office of the City Clerk
10:20 A.M.
Hearing to consider Development Permit Application No.
P22-01346 and related Environmental Assessment No.
P22-01346 pertaining to ±0.69 acres of property located on the northwest corner of East McKinley and South Fine
Avenues (Council District 4) - Planning & Development
Department.
1. CONSIDER Environmental Assessment (EA) No. P21-
01346, dated December 8, 2022, a determination that the proposed project is categorically exempt under Section
15332/Class 32 (In-Fill Development Project) of the State of California Environmental Quality Act (CEQA) Guidelines; and,
2. DENY the appeal and UPHOLD the action of the Planning Commission and Planning and Development Department
Director to approve Development Permit Application No. P22- 01346, authorizing the construction of an automated car wash facility subject to compliance with the Conditions of Approval dated December 8, 2022.
ID 23-1233
Sponsors: Planning and Development Department
August 24, 2023City Council Meeting Agenda - Final
10:25 A.M.#1 (CONTINUED TO SEPTEMBER 14, 2023, AT 10:25 A.M.)
Consideration of an appeal filed regarding Vesting Tentative Tract Map No. 6366, Planned Development Permit
Application No. P22-04877, and related Environmental
Assessment No. T-6366/P22-04877 for approximately 7.94
acres of property located on the west side of North Bliss Avenue between East Shields and East Princeton Avenues
(Council District 7).
1. ADOPT Environmental Assessment No. T-6366/P22-
04877 dated July 12, 2023, an Addendum to Environmental Assessment No. P22-01202, in accordance with Section
15164 of the California Environmental Quality Act (CEQA) Guidelines.
2. DENY the appeal and UPHOLD the action of the Planning Commission in the approval of Vesting Tentative Tract Map No. 6366 proposing to subdivide approximately 7.94 acres of the subject property into a 71-lot single-family residential development subject to the following:
a. Development shall take place in accordance with the
Conditions of Approval for Vesting Tentative Tract Map No. 6366 dated August 2, 2023.
3. DENY the appeal and UPHOLD the action of the Planning Commission in the approval of Planned Development Permit Application No. P22-04877 proposing to modify the RS-5
(Single-Family Residential, Medium Density) zone district development standards to allow for a reduction in the garage setback, rear yard setback, garage to façade setback,
minimum lot size, minimum lot depth, an increase in maximum lot coverage, and gated private streets subject to the
following:
a. Development shall take place in accordance with the
Conditions of Approval for Planned Development Permit
Application No. P22-04877 dated August 2, 2023.
ID 23-1226
Sponsors: Planning and Development Department
August 24, 2023City Council Meeting Agenda - Final
10:25 A.M. #2 (CONTINUED TO SEPTEMBER 14, 2023, AT 10:25 A.M.)
Hearing to consider adoption of resolutions related to the designation of properties to the Local Register of Historic Resources and adoption of findings necessary to support recommendation pursuant to FMC 12-1609
1. ***RESOLUTION - A Resolution of the City Council of the City of Fresno, California, designating the Dr. Earl R. Meyers Sr. & Mrs. Mattie B. Meyers Fresno Street Medical Arts
Center located at 444 Fresno Street, Fresno California to the Local Register of Historic Resources (Council District 3) (Subject to Mayor’s veto).
ID 23-1252
Sponsors: Planning and Development Department
3. GENERAL ADMINISTRATION
4. CITY COUNCIL
5. CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL-EXISTING
LITIGATION
Government Code Section 54956.9, subdivision (d)(1)
HAVEN #20, LLC v. City of Fresno; Fresno Superior Court Case No.: 22CECG00238
ID 23-12675.-A.
Sponsors: City Attorney's Office
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION
Government Code Section 54956.9, subdivision (d)(4): 1
potential case
ID 23-12615.-B.
Sponsors: City Attorney's Office
August 24, 2023City Council Meeting Agenda - Final
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)
ID 23-12685.-C.
Sponsors: Office of Mayor & City Manager
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
ID 23-545.-D.
Sponsors: Council President Maxwell
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
ID 23-535.-E.
Sponsors: Council President Maxwell
ADJOURNMENT
UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS
SEPTEMBER 14, 2023
10:25 A.M. – CONSIDERATION OF AN APPEAL FILED REGARDING VESTING TENTATIVE TRACT MAP NO. 6366
SEPTEMBER 14, 2023
10:25 A.M. – HEARING TO CONSIDER ADOPTION OF RESOLUTIONS
RELATED TO THE DESIGNATION OF PROPERTIES TO THE LOCAL REGISTER
OF HISTORIC RESOURCES
August 24, 2023City Council Meeting Agenda - Final
UPCOMING EMPLOYEE CEREMONIES
EMPLOYEE OF THE QUARTER - 9:00 A.M.
• October 18, 2023 (Wednesday) - Employee of the Fall Quarter EMPLOYEE SERVICE AWARDS - 10:00 A.M.
• November 15, 2023 (Wednesday) - Employee Service Awards 2023 CITY COUNCIL MEETING SCHEDULE
September 14, 2023 - 9:00 A.M.
September 28, 2023 - 9:00 A.M.
October 5, 2023- 9:00 A.M.
October 19, 2023 - 9:00 A.M.
November 2, 2023 - 9:00 A.M.
November 16, 2023 - 9:00 A.M.
December 7, 2023 - 9:00 A.M.
December 14, 2023 - 9:00 A.M.