Agenda — Fresno City Council, December 7, 2023

Thursday, December 7, 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

December 7, 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_TFimc9HaTuGf326RtQY1NQ 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.

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December 7, 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.

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December 7, 2023City Council Meeting Agenda - Final
9:00 A.M. ROLL CALL
Invocation by Rev. Pete Marquez, Deacon from Holy Spirit Catholic Church Pledge of Allegiance to the Flag

APPROVE AGENDA

CEREMONIAL PRESENTATIONS
Proclamation for “Fresno Unified School District’s Expanded Learning Camps”
ID 23-1753
Sponsors: Councilmember Arias
“Haron Family Legacy Day”ID 23-1636
Sponsors: Office of Mayor & City Manager

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 November 16, 2023, Regular MeetingID 23-17371.-A.

Sponsors: Office of the City Clerk
Approval of City Council Meeting Schedule for Calendar Year 2024.

ID 23-16001.-B.

Sponsors: Office of the City Clerk
RESOLUTION - amending certain designated positions
which shall be subject to the conflict of interest code and defining categories of disclosures for such positions
ID 23-17011.-C.

Sponsors: Office of the City Clerk

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December 7, 2023City Council Meeting Agenda - Final
Actions pertaining to Warming Centers:

1. ***RESOLUTION - Amending Resolution 2022-212,
Establishing a Policy for City Cooling and Warming Centers. (Subject to Mayor’s Veto)

2. Approve a Services Agreement with Poverello House, in an Amount Not to Exceed $356,500.00, to Operate City of Fresno Warming Centers.

ID 23-17281.-D.

Sponsors: Office of Mayor & City Manager
RESOLUTION - to Decrease the Animal Intake at the City of Fresno Animal Center
ID 23-17751.-E.

Sponsors: Office of Mayor & City Manager, Council President Maxwell, Vice President Perea and Councilmember Karbassi
Actions related to amending agreement #A211006364 with
the California Office of Emergency
Services (Cal OES)

1. Approve acceptance of Cal OES amendments one
through five for an increase of $341,800 for Haz Mat training agreement #A211006364 and authorize the Fire Chief to
compensate Fire personnel to staff vacancies caused by
training attendance.

2. ***RESOLUTION - Adopt the 28th Amendment to the
Annual Appropriation Resolution 2023-185 to appropriate $341,800 from the Cal OES to provide Haz Mat training
(Requires Five Affirmative Votes) (Subject to Mayor’s Veto).

ID 23-17031.-F.

Sponsors: Fire Department
Approve the award of a cooperative purchase agreement to Pape Kenworth of Fresno, California, for the purchase of three Kenworth T880 dump trucks in the amount of $805,471 for the Department of Public Works.

ID 23-16211.-G.

Sponsors: General Services Department
Approve the award of a cooperative purchase agreement to Haaker Equipment Company Inc. of La Verne, California, for the purchase of one Elgin CNG Broom Bear street sweeper in the amount of $586,677 for Department of Public Utilities, Solid Waste Management Division.

ID 23-16221.-H.

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December 7, 2023City Council Meeting Agenda - Final
Sponsors: General Services Department
Approve the award of a citywide Requirements Contract to Home Depot USA, Inc. of Fresno, California for three years for the purchase of maintenance, repair, operating supplies, industrial supplies, and related products, not-to-exceed $250,000 per year plus annual CPI increases (Bid File 9678).

ID 23-17131.-I.

Sponsors: General Services Department
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 $364,581.84 annually
ID 23-17071.-J.

Sponsors: General Services Department and Capital Projects Department
RESOLUTION - Adopting modifications to the Measure P
Expanded Access to Arts and Culture Grant Guidelines
ID 23-17181.-K.

Sponsors: Parks, After School and Recreation and Community Services Department
***RESOLUTION - Approving the Application for Outdoor
Equity Grants Program (OEP) Funds totaling up to $300,000 to expand science education and access to outdoor
recreation, and authorizing the City Manager or designee to execute all related grant documents (Subject to Mayor’s Veto) (District 3.)
ID 23-16941.-L.

Sponsors: Parks, After School and Recreation and Community Services Department

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December 7, 2023City Council Meeting Agenda - Final
***RESOLUTION - Adopt the Eighth Amendment to FY 2024
Salary Resolution No. 2023-183, amending Exhibit 8, Unit 8, Non-Represented to increase the salary range for the
Cashier Clerk, Lifeguard, Services Aide, Intern, Youth Jobs Corps Program Ambassador, and Youth Jobs Corps Program
Participant classifications from $15.50 - $19.50 per hour to $16.00 - $20.00 per hour; increase the Police Cadet I
classification salary range from $15.50 - $20.50 to $16.00 to $21.00 per hour; increase the Senior Lifeguard and Youth Jobs Corps Program Mentor classification salary range from $16.00 - $20.50 to $16.50 - $21.00 per hour; and adjust the Sports Official salary from $15.50 - $50.00 Per Game to $16.00 - $25.00 Per Hour; effective January 1, 2024 (Subject to Mayor’s Veto).

ID 23-17271.-M.

Sponsors: Personnel Services Department
*** RESOLUTION - Declaring a 0.91-acre parcel of land
identified as Assessor’s Parcel Number 436-260-22 to be exempt surplus land and directing staff to comply with the open and competitive request for proposals (RFP) process for the disposition of this property for an affordable housing development as required by Fresno Municipal Code Section 4-204 (Council District 4) (Subject to Mayor’s Veto)
ID 23-15631.-N.

Sponsors: Planning and Development Department
Approve the Second Amendment to the Agreement with
Poverello House for Homeless Family Services extending the contract term to June 30, 2024, and increasing funding by $31,680.00 for a total amount of $298,221.87.

ID 23-15981.-O.

Sponsors: Planning and Development Department
***RESOLUTION - Adopting the 581st amendment to the
Master Fee Schedule No. 80-420 to increase event parking fees under the Planning and Development Section (Subject to Mayor’s Veto)
ID 23-17581.-P.

Sponsors: Planning and Development Department
Actions pertaining to Dickey Parking Lot Security Gate
Project (Bid File 12301721) (Council District 3):

ID 23-15211.-Q.

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December 7, 2023City Council Meeting Agenda - Final

1. Adopt a finding of Categorical Exemption per staff’s determination, pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines

2. ***RESOLUTION - Adopting the 19th Amendment of the
Annual Appropriation Resolution (AAR) No. 2023-185
appropriating $322,000 for construction of the Parking Lot Security Gate Project at the Dickey Youth Community Center (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto)

3. Award a construction contract in the amount of $332,098 to Alliance Construction Solutions, Inc. of Madera, California, as the lowest responsive and responsible bidder for Dickey Parking Lot Security Gate Project
Sponsors: Capital Projects Department, Parks, After School and Recreation and Community Services Department
Approve a substitution of a listed subcontractor Avila Traffic Safety, for the Midtown Trail Segment 1 (Phase I) Project (Council District 7)
ID 23-17021.-R.

Sponsors: Capital Projects Department and Public Works Department Award a construction contract in the amount of $5,296,359 to Avison Construction, Inc of Madera, California for the
Chinatown Sustainable Transportation Infrastructure Project 1 and Chinatown Urban Greening Project 6 - Bid File No. 12302719 (Council District 3).

ID 23-17091.-S.

Sponsors: Capital Projects Department and Public Works Department Actions pertaining to the Southbound Polk Avenue Widening Project between Shaw Avenue and Gettysburg Avenue
(Council District 1):

1. Adopt a finding of Negative Declaration per staff
determination, pursuant to Sections 15070 to 15075 of the California Environmental Quality Act (CEQA) guidelines

2. Approve the Agreement for Purchase and Sale of Real
Property and Escrow Instructions to acquire fee interest of a

0.163-acre (7,087 square feet) parcel, improved with a
single-family residence located at 4919 North Polk Avenue (Assessor’s Parcel Number (APN) 510-120-13), owned by
Carolyn S. Brown, in the amount of $298,000.00, for the construction of the widening of Southbound Polk Avenue
ID 23-17101.-T.

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December 7, 2023City Council Meeting Agenda - Final
between Shaw Avenue and Gettysburg Avenue
Sponsors: Capital Projects Department and Public Works Department Approve a cooperative purchase agreement with SNF
Polydyne, Inc., for the purchase of Cationic Polymer in the amount of $3,700,000 per year plus annual consumer price index increases, for the Fresno-Clovis Regional Wastewater Reclamation Facility (Bid File 12303012) (Citywide)
ID 23-17061.-U.

Sponsors: Department of Public Utilities
Approve the Fifth Amendment to the consultant services
agreement with Carollo Engineers, Inc., to extend the term of the agreement from December 31, 2023, to December 31,
2025 to respond to pending comments from the Central
Valley Regional Water Quality Control Board (Regional
Board) (Citywide).

ID 23-17161.-V.

Sponsors: Department of Public Utilities
***RESOLUTION - Authorizing the Department of Public
Utilities to apply for and participate in the California Extended Water and Wastewater Arrearage Payment Program (Subject to Mayor’s Veto) (Citywide).

ID 23-17171.-W.

Sponsors: Department of Public Utilities
***RESOLUTION - Authorize the Director of Public Utilities or designee(s) to prepare and submit applications, accept
funds, and execute the financial assistance agreements and any amendments thereto with the California State Water
Resources Control Board on behalf of the City of Fresno for the planning, design, and construction of water infrastructure to serve the communities of New Horizon Mobile Home Park and Del Oro-Metropolitan District: City Of Fresno Regional Consolidation Project Group 1. (Unincorporated Fresno
County) (Subject to Mayor’s Veto)
ID 23-17231.-X.

Sponsors: Department of Public Utilities
Actions pertaining to the dedication of those portions of City-owned property for the purpose of a public street
easement, to accommodate the construction of Merced Street between Congo Alley and H Street (Council District 3):

ID 23-16651.-Y.

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December 7, 2023City Council Meeting Agenda - Final

1. Adopt a finding of Categorical Exemption per staff
determination, pursuant to Section 15302 of the California Environmental Quality Act (CEQA) Guidelines, Environmental Impact Report Number 10126

2. RESOLUTION - Dedicating those portions of City-owned property for public street purposes to accommodate the
construction of Merced Street between Congo Alley and H Street
Sponsors: Public Works Department
***RESOLUTION - Authorizing the submission of a grant
application to the United States Department of Energy for up to $494,390 in funding from the 2023 Energy Efficiency and Conservation Block Grant Program; and authorizing the
execution of grant application and grant agreement
documents by the Public Works Director or designee.
(Subject to Mayor’s Veto)
ID 23-16821.-Z.

Sponsors: Public Works Department
RESOLUTION - Authorizing the Submission of a Grant
Application to the Fresno Council of Governments (Fresno COG) for the 2023 Regional Early Action Plan 2.0 Grant
Program (REAP)for Capital Improvement Projects that
Promote In-Fill Affordable Housing near High-Quality Transit in an amount not to exceed $13,000,000 for the further
implementation and construction of the Blackstone Avenue Smart Mobility Project from State Route 180 to Pine Avenue; and Authorizing the Execution of Grant Application and Grant Agreement Documents by the Public Works Director or
Designee (Council Districts 1, 3 and 7)
ID 23-16961.
-AA.

Sponsors: Public Works Department
Approve the First Amendment to the Consultant Services
Agreement with Dudek extending the consultants
performance period by three months to March 31, 2024, to continue professional services related to the development of the Urban Forest Management Plan (Citywide).

ID 23-16991.
-BB.

Sponsors: Public Works Department

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December 7, 2023City Council Meeting Agenda - Final
Approve a Marketing Agreement with Utility Service Partners Private Label Inc., dba SLWA Insurance Services, in the amount of $123,000 per year for a total of $615,000 to be paid to the City of Fresno, to market service plans city residents for sewer and water line laterals
ID 23-17641.
-CC.

Sponsors: Councilmember Esparza

THE CITY IN ITS CAPACITY AS HOUSING SUCCESSOR TO THE

REDEVELOPMENT AGENCY OF THE CITY OF FRESNO

AND FRESNO REVITALIZATION CORPORATION
Approve Amendment to Owner Participation Agreement with Essayons, LP relating to the Hye Court Project located at 450 M Street to provide up to an additional $94,277 for
unexpected costs associated with ensuring the historic
integrity of the Project (City as Housing Successor and FRC Action).

ID 23-17731.
-DD.

Sponsors: Successor Agency to the Redevelopment Agency and Councilmember Arias

CONTESTED CONSENT CALENDAR

2. SCHEDULED COUNCIL HEARINGS AND MATTERS
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 Number 11, Annexation Number 147 (Final Tract Map Number 6269) (Located on the
southwest corner of Willow Avenue and Alicante Drive)
(Council District 6):

1. ***RESOLUTION - to Annex Territory to Community
Facilities District No. 11 and Authorizing the Levy of a Special Tax for Annexation No. 147 (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 ID 23-1697

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December 7, 2023City Council Meeting Agenda - Final
Special Tax for the Property Tax Year 2023-2024 and Future Tax Years Within and Relating to Community Facilities
District No. 11, Annexation No. 147 (Subject to Mayor’s Veto) Sponsors: Public Works Department
10:05 A.M.

HEARING to obtain public comments regarding community
needs for consideration in the development of the 2024-2025 Annual Action Plan for federal funding through the U.S.

Department of Housing and Urban Development’s Office of Community Planning and Development (HUD CPD).

ID 23-1654
Sponsors: Planning and Development Department
10:15 A.M.

Appearance by Patricia Ann Dickson to discuss illegal
electrical activity and currency in practice on the westside of Fresno ( District 3 Resident)
ID 23-1720
Sponsors: Office of the City Clerk
3:30 P.M.

Actions pertaining to the Fresno Quality HK affordable
housing development located at 6051 North Thesta Street, Fresno, California (District 6):

1. ***RESOLUTION - Authorizing acceptance of funding from the California Department of Housing and Community
Development Homekey Round 3 Program in the amount of
$16,450,000 for the Fresno Quality HK project and
authorizing the City Manager, or designee, to enter into and execute a standard agreement to secure the Homekey Round 3 program funds and participate in the Homekey Round 3
Program. (Subject to Mayor’s veto)

2. ***RESOLUTION - Adopt the 27th Amendment to the
Annual Appropriation Resolution (AAR) No. 2023-185 to
appropriate $16,450,000 for the Fresno Quality HK project from the Homekey Round 3 Program Grant. (Requires 5
Affirmative Votes) (Subject to Mayor’s veto)

3. ***RESOLUTION - Initiating a rezone to remove a
ID 23-1671

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December 7, 2023City Council Meeting Agenda - Final
condition of zoning requiring a recorded covenant for real property located at 6051 North Thesta Street, APN 409-20- 043 pursuant to Fresno Municipal Code Section 15-5803-B.

4. Approve a HOME Investment Partnerships - American
Rescue Plan Program (HOME-ARP) Agreement with Fresno
Quality Homekey LP, in the amount of $1,749,835.24 to
acquire the Fresno Quality Inn for affordable housing
development.

5. Approve a Community Development Block Grant (CDBG)
Agreement with Fresno Quality Homekey LP, in the amount of $4,250,164.76 to acquire the Fresno Quality Inn for
affordable housing development.

6. Approve a Cost Sharing and Reimbursement Agreement
between the City of Fresno and Fresno Quality Homekey LP and UP Holdings, LLC.

7. Approve a Rental Assistance Agreement between the City of Fresno and Fresno Quality Homekey LP, in the amount of $690,000 in rental subsidy funds for the Fresno Quality HK project.

Sponsors: Planning and Development Department

3. GENERAL ADMINISTRATION

4. CITY COUNCIL

5. CLOSED SESSION

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED

LITIGATION
Government Code Section 54956.9, subdivision (d)(2)
Case Name: Ignacio Ruiz v. City of Fresno
ID 23-17555.-A.