Resolution - - 2023-035 - 2/9/2023 ��r�M1f .. 1 •dam
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RESOLUTION NO. 2023-035
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA, TO AMEND RULE 2 OF THE
COUNCIL RULES OF PROCEDURE RELATED TO THE
ELECTION OF COUNCIL PRESIDENT AND VICE
PRESIDENT
WHEREAS, on May 9, 2013, Council adopted the Rules of Procedure of the City
Council in Resolution No. 2013-65, to establish rules for the conduct of its proceedings;
and
WHEREAS, Council has amended the Rules of Procedure from time to time to
account for changes in practice or to clarify and conform to existing practice; and
WHEREAS, Council now wishes to amend Rule No. 2 to clarify that the selection
of Council President and Vice President shall be on a strictly rotational basis; and
WHEREAS, the proposed changes are in the interest of the Council's conduct of
business of the City.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as
follows-
1. Rule No. 2, Election of Council President and Vice President, shall be
amended as follows:
a. The officers of the Council shall consist of the President of the
Council (Council President) and Vice President. A
Councilmember must have served on the Council for at least
one year immediately preceding the selection to be eligible to
serve as Council President. No Councilmember shall be
eligible for two consecutive terms as Council President. Each
year at the first meeting in January, the Council shall select a
Council President and Vice President [strictly on a rotational
basis.
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Date Adopted: 02/09/2023
Date Approved: 02/09/2023 Resolution No. 2023-035
Effective Date: 02/09/2023
b. The Councilmember who served as Vice President the
previous year shall serve as Council President. The
Councilmember whose District Number immediately follows
that of the Council President, by increasing numerical order,
shall serve as Vice President. The Vice President is identified
as Acting President in the Charter. ,
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c. Whenever the office of Council President or Vice President
rotates to a Councilmember who is not eligible to hold office
or who desires not to serve, the office shall rotate to the next
eligible Councilmember by Council District, in increasing
numerical order. Any vacancy in office shall also be filled in
the same fashion, by rotating the office to the next eligible
Councilmember by Council District, in increasing numerical
order.
2. The Council Rules shall be adopted as revised and attached as Exhibit A.
The procedures are in addition to, and not in place of, applicable ordinances and statutes.
In the event of conflict between any part of this resolution and applicable ordinances and
statutes, the latter shall govern.
3. This resolution shall become effective and in full force upon final passage.
* * * * * * * * * * * * * *
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ray OF Pp,ry
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STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, TODD B. STERMER, City Clerk of the City of Fresno, certify that the foregoing
resolution was adopted by the Council of the City of Fresno, at a regular meeting held
on the 9th day of February . 2023.
AYES Perea, Arias, Maxwell, Chavez, Bredefeld, Esparza
NOES None
ABSENT Karbassi
ABSTAIN None
TODD STERMER, CMC
City Clerk
y0A&By: �� ?=7(� Z;
❑epu Date
APPROVED AS TO FORM
ANDREW JANZ
City Attorney
By: ZI•�3
Raj SingMad esha Date
Chief Assistant City Attorney
Attachment: Exhibit A
3 of 3
OF F' `
RULES OF PROCEDURE
FOR THE CITY COUNCIL
OF THE
CITY OF FRESNO
Adopted as Amended
February 9 , 2023
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TABLE OF CONTENTS
Page Nos.
RULE NO. 1
Effectof Rules.................................................................... 1
RULE NO. 2
Election of Council President and Vice President.................. 1
RULE NO. 3
Duties of Council President and Vice President................................................... 2
RULE NO. 4
Council President to Serve as Presiding Officer............................................:....... 2
RULE NO. 5
Meetings............................................................................................................... 3
RULE NO. 6
CouncilAgenda............................................................................................4....... 4
RULE NO. 7
Orderof Business..................................................................4.............................. 6
RULE NO. 8
VotingProcess ..................................................................................................... 7
RULE NO. 9
Quorum, Majority Votes, and Supermajority Votes......................4........................ 7
RULE NO. 10
PublicComment................................................................................................... 8
RULE NO. 11
WrittenCorrespondence.........................................................................4........... 11
RULE NO. 12
Orderand Decorum..............................................................................4............. 11
RULE NO. 13
Disclosure of Conflict of Interest......................................................................... 12
RULE NO. 14
Motions................................................................................ ........................ 13
RULE NO. 15
Reconsideration........................................................................4......................... 14
Amended February 9, 2023
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RULE NO. 16
PublicHearings .................................................................. ............................... 15
RULE NO. 17
Quasi-Judicial Hearings and Individual Contacts................................................ 15
RULE NO. 18
Continuances...................................................................................................... 16
RULE NO. 19
Priorityof Business................................................................ ....................... 16
RULE NO. 20
Councilmember Reports and Comments............................................................. 16
RULE NO. 21
ClosedSessions................................................................................................. 17
RULE NO. 22
Questions of Order and Appeals to Rulings of Chair.......................................... 18
RULE NO. 23
Boards, Commissions, and Committees of the Council................................ ... 18
RULE NO. 24
Mayoral Committee Appointments...................................................................... 19
RULE NO. 25
Council Appointments of Councilmembers to Committees....... P............ ........ 19
RULE NO. 26 -
NewsMedia............................................................................ ............ ............... 20
RULE NO. 27
Accessto the Dais............................................................. ................................ 20
Amended February 9, 2023
aTEO G0•
RULES OF PROCEDURE FOR
THE CITY COUNCIL OF THE CITY OF FRESNO
RULE NO. 1
EFFECT OF RULES
a. These Rules of Procedure shall govern the conduct of all Fresno City Council
meetings and all City public meetings except those boards or bodies that have
adopted their own bylaws or rules of procedure. Unless superseded or prohibited
by state or city law, these Rules may be suspended by the affirmative vote of two-
thirds of the entire membership of the Council. The suspension shall be in effect
for the duration of one meeting only.
b. To the extent a matter is not covered by these Rules, the Presiding Officer, in
consultation with the City Attorney, may make a ruling. Any such ruling may not
violate mandatory Charter, the Fresno Municipal Code ("FMC"), or statutory
provisions that may govern a particular matter.
C. If any rule contained herein is in conflict with the provisions of the Charter or FMC,
such rule shall be deemed invalid or modified to conform to the Charter or FMC.
Such invalidity shall not affect other rules contained herein which can be given
effect without the invalid rule, and to this end these rules are severable.,
d. Any deviation from these Rules of Procedure shall not, alone, invalidate the
approval of any matter.
RULE NO. 2
ELECTION OF COUNCIL PRESIDENT AND VICE PRESIDENT
a. The officers of the Council shall consist of the President of the Council (Council
President) and Vice President. A Councilmember must have served on the
Council for at least one year immediately preceding the selection to be eligible to
serve as Council President. No Councilmember shall be eligible for two
consecutive terms as Council President. Each year at the first meeting in January,
the Council shall select a Council President and Vice President on a strictly
rotational basis.
b. The Councilmember who served as Vice President the previous year shall serve
as Council President. The Councilmember whose District Number immediately
follows that of the Council President, by increasing numerical order, shall serve as
Vice President. The Vice President is identified as Acting President in the Charter.
C. Whenever the office of Council President or Vice President rotates to a
Councilmember who is not eligible to hold office or who desires not to serve, the
office shall rotate to the next eligible Councilmember by Council District, in
increasing numerical order. Any vacancy in office shall also be filled in the same
fashion, by rotating the office to the next eligible Councilmember by Council
District, in increasing numerical order.
Fresno Municipal Code§ 2-318
Amended February 9, 2023
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RULE NO. 3
DUTIES OF COUNCIL PRESIDENT AND VICE PRESIDENT
a. In addition to serving as Presiding Officer at Council meetings, it shall be the duty
of the Council President:
1. To sign all instruments requiring execution or agreement by the Council.
2. To serve as the chief spokesperson and representative for the Council for
matters before the public, the state and federal governments, and the City
Administration.
3. To develop an Annual Calendar of events to include, but not restricted to
council meetings, recesses, special meetings, holidays, etc.
4. To delegate by administrative directive any of the duties assigned to the
Council President.
5. To assist in preparing the Council meeting agenda.
6. To administer assignment of Council offices. Each December of an even
numbered year prior to Councilmembers vacating offices and newly elected
Councilmembers taking office, or at such other time as a Council office may
become vacant, the assignment of Councilmember offices shall take place
as follows: (1) each Councilmember may remain in the then current office,
if desired; (2) offices to become vacant shall be assigned on a seniority
selection basis, with seniority determined by the greatest length of current
continuous service as a Councilmember; in the event of a tie, two or more
Councilmembers having been sworn in and taking office on the same day,
a coin flip shall decide seniority for this purpose.
7. To assign seats on the dais. Councilmembers shall be assigned seats on
the dais in order of Council District, with District 1 next to the City Clerk and
District 7 next to the City Manager, but the Council President seated in the
center position, except as may be otherwise assigned by the Council
President.
b. It shall be the duty of the Vice President-
1. To serve with the Council President as spokesperson and representative
for the Council.
2. To assist the Council President in anticipating issues and problems
deserving or in need of special meetings.
3. In the absence of the Council President, the Vice President shall exercise
the duties and powers of the Council President.
RULE NO. 4
COUNCIL PRESIDENT TO SERVE AS PRESIDING OFFICER
a. The Council President shall be the Presiding Officer of the Council. In the absence
of the Council President, the Vice President shall preside over the Council. In the
absence of the Vice President, the Councilmember next in Council District
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numerical rotation who is present shall preside until the return of one of the regular
officers. For City public meetings other than Council meetings, the Presiding
Officer shall be the individual designated by the City.
b. It shall be the duty of the Presiding Officer:
1. To open all meetings of the Council at the appointed hour by taking the chair
and calling the Council to order.
2. To call for the approval of the minutes.
3. To maintain order and proper decorum.
4. To announce the business before the Council in the order prescribed by
these rules.
5. To receive and submit all matters properly brought before the Council, to
call for votes upon the same, and to announce the results.
6. To make known all Rules of Procedure when so requested, and to decide
all questions of order and procedure; all rulings of the Presiding Officer are
subject to an appeal of the Council, and may be overruled by majority vote.
7. To preside at all closed sessions of the Council.
8. To perform such other duties as may be required by law or as may pertain
to such office.
9. To provide for health and safety measures at public meetings during times
of declared viral emergency; such rules may consist of, but shall not be
limited to:
(a) All City public meetings, including but not limited to Planning
Commission and Council meetings, shall be conducted electronically (web
and telephone). The City Information Services Department shall coordinate
with the City Clerk and fully implement all feasible measures to allow for
remote participation for City officials and the public.
(b) The Council chambers shall be closed. All City officials and
employees may participate electronically.
(c) The Presiding Officer may provide any further direction before or
during the meeting to minimize health and safety risks and accommodate
participation.
(d) Public comment shall be limited to three minutes per person, subject
to reduction as set forth in Rule 10, and City officials are encouraged to be
brief and speak no more than once per topic, except Charter officials. To
facilitate electronic access, no person shall speak until recognized by the
Presiding Officer.
RULE NO. 5
MEETINGS
a. Regular meetings of the Council will be held each Thursday at 9:00 a.m. in the
Council Chambers of City Hall. The time, date, or place of a regular meeting may
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be altered as published in the Council Agenda.
b. Each year in December, Council shall adopt its annual calendar of regular
meetings for the following 12 months. The calendar may be amended by Council
minute resolution.
C. Special meetings of the Council may be called at any time by the Council President
or, in his/her absence, by the Vice President. A special meeting may also be called
by four members of the Council. A minimum of twenty-four hours notice of any
special meeting shall be given in accordance with the Ralph M. Brown Act("Brown
Act").z
d. All meetings of Council shall be held in open session unless expressly authorized
as closed sessions under the Brown Act.3
e. Emergency meetings may be held upon a finding by a majority vote of the Council
that an emergency situation exists due to work stoppage, a crippling disaster, or
other activity that severely impairs public health or safety. Council may convene
emergency meetings without complying with the twenty-four hour notice and
posting requirement for special meetings provided the City complies with all
provisions of the Brown Act4 and other applicable law.
f. Regular Council meetings may be added or canceled by the Council President by
providing a memo to the City Clerk at least seven days in advance of the meeting
signed by the Council President and two additional Councilmembers, and in
compliance with the Brown Act. A regular meeting may also be canceled by the
Council President if the Council President has been provided information indicating
there will not be quorum in attendance at a scheduled Council meeting.
RULE NO. 6
COUNCIL AGENDA
a. The Councilmembers, Mayor, City Manager, City Clerk, and City Attorney may
place items on a Council Agenda, as provided herein; the sponsor(s) of each item
shall be identified on the Council Agenda.
b. All proposed resolutions, ordinances, and contracts shall be approved as to form
by the City Attorney's Office prior to placement on the Council Agenda. All
contracts shall be signed by the non-City party unless the contract is: (1) with
another public agency; (2) a complete standardized contract included in an RFP
that is not subject to negotiation; or (3) is a construction contract based upon bid
specifications in which final details are completed after Council approval.
C. Each Councilmember shall place no more than two items on the Agenda. Consent
items and proclamations are excepted from this rule. There shall be no more than
four proclamations per meeting, and they shall be placed on the Agenda on a first-
come-first-served basis.
z Government Code§§ 54956. Fresno Municipal Code §2-302
3 Government Code§§ 54954.5. Fresno Municipal Code§2-308
4 Government Code§ 54956.5
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d. The general rule is to limit timed items to public hearings as defined in Rule 16.
Any requests for a timed item shall be submitted to the City Clerk by 2:00 p.m. of
the fifth business day prior to the Council meeting. This will allow for approval by
the Council President per Rule 6g. Timed items may also be set at a Council
meeting.5
e- All matters to be included on the Agenda and all supporting documents, including
Powerpoint presentations, shall be submitted to the Council President and City
Clerk by 5:00 p.m. on the Thursday prior to the Council meeting.
f. The City Clerk shall immediately arrange a list of such matters according to the
order of business as determined by these rules. In the interests of efficiency, the
City Clerk shall, unless directed otherwise by the Council President, group items
within the General Administration or Timed items together by sponsor or affected
official or department.
g. The Council President, City Clerk, City Manager, and City Attorney shall meet prior
to the printing of the final agenda to ensure the agenda is not overly congested
and agenda items are appropriately worded to meet Brown Act requirements. All
final decisions on matters regarding the agenda shall reside with the Council
President. The City Clerk shall notify affected Councilmembers or departments of
any changes prior to the issuance of final agenda.
h. The City Clerk shall furnish each member of the Council, the Mayor, the City
Manager, the City Attorney, and department directors with a copy of the agenda
prior to the Council meeting as far in advance of the meeting as time permits.
i. No item shall be placed on the Council Agenda except in accordance with the
Brown Act,6 the Fresno Municipal Code, and these Rules.
j. The City Clerk shall post and prepare the Agenda in accordance with the
Brown Act.7
k. The City Clerk may arrange for members of the public to comment upon Council
Agenda items electronically ("E-Comments"). If implemented, the electronic
comments shall be subject to the following provisions-
1. Commenters shall provide their true name and they may provide their
address.
2. E-Comments shall be posted publicly for all to view-,
3. E-Comments shall be restricted to one comment per person per Agenda
item, and contain no more than 700 characters each, in plain text, with no images
or attachments;
4. Any E-Comments containing profanity, physical threats, personal
information about any other individual, or that are irrelevant to the topic or
pertaining to any matter outside the Council's jurisdiction shall be deleted by the
5 Fresno Municipal Code§2-303(a)
6 Government Code§54950 et seg.
Government Code§§ 54950 et seg., as amended. Fresno Municipal Code §2-303(b)
Amended February 9, 2023
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City Clerk, and the City Clerk, in consultation with the Council President, shall
prohibit further E-Comments by individuals with repeated violations. The City
assumes no liability for removed E-Comments or restricting access to violating
individuals.
5. E-Comment users shall be required to agree to a terms of use policy prior
to commenting. A disclosure shall be approved by each person upon agreeing to
use E-Comments acknowledging the E-Comments may or may not be viewed by
Council or other City officials;
6. E-Comments shall not be permitted for the following: (a) Agenda items that
would not ordinarily be subject to public comment at a Council meeting, for
example, proclamations, approving minutes and agenda, procedural issues, or
workshops. (b) Land use or CEQA items. (c) unscheduled communication.
7. E-Comments shall be closed as to a particular Council meeting 24 hours in
advance of the scheduled start of the meeting;
8. The City Clerk shall collate and provide E-Comments to the Council by
12:00 p.m. the day before the Council meeting.
9. The Council President is authorized to implement further regulations of E-
Comments consistent with these Rules.
RULE NO. 7
ORDER OF BUSINESS
a. The general order of business will be as follows, unless the Council President
determines the order for a particular meeting or item needs to be modified-
1. Roll Call
2. Invocation
3. Flag Salute
4. Announcement of removal of items by the originating party or requests to
continue items
5. Approval of Agenda
6. Approval of Minutes
7. Awards, proclamations, and honorary resolutions
8. Councilmember Reports and Comments
9. Consent Calendar
10. Contested Consent Items
11. Timed Hearings and Matters
12. General Administration Items
13. Councilmember Items
14. Closed Session - typically heard at 1:30 p.m.
15. Closed Session Announcements
16. Joint Meetings with other agencies
17. Public Comment Period (not timed)
a. Scheduled
b. Unscheduled
18. Adjournment
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b. The Public Comment Period includes Scheduled and Unscheduled
Communications. A speaker may request a timed item under Scheduled
Communications which will be set under Rule 10.
C. Council will generally recess from 12 noon to 1:30 p.m. for lunch.
d. A workshop may be placed on the Agenda from time to time, for informational
purposes only. During a workshop, public comment is generally not permitted,
subject to the discretion of the Presiding Officer to open the matter to public
comment. Council may also invite one or more speakers to address the item, with
or without time limits.
e. Timed items will generally be heard at or later than the time stated on the Agenda.
Untimed items may be called by the Presiding Officer at any time during the
meeting.
RULE NO. 8
VOTING PROCESS
a. Every vote taken by the Council in open session shall be by open ballot. To
register a vote on an item, a Councilmember must be physically present while the
vote is being taken or participating in the meeting by teleconference as permitted
by the Brown Act.
b. There shall be four methods of counting the votes of the Council: by electronic
vote; by a call of the roll of the members and a record made by the City Clerk of
the vote of each member; by a voice vote; or by unanimous consent. To inquire of
the Council's consent, the Council President shall ask the Council if there is any
objection or opposition to the proposed action; if no objection or stated opposition,
the proposed action stands.
C. The Presiding Officer shall determine the method for voting unless requested
otherwise by a member of Council.
d. Unless a present Councilmember states he or she is not voting, silence shall be
recorded as an affirmative vote.$
e. The City Clerk shall record each vote and each abstention in the Minute Book and
announce the result to the Council.
f. Whenever the yes and no votes are called, a Councilmember shall not be
permitted to explain a vote or an abstention without the unanimous consent of the
Council. After the announcement of the result, a Councilmember shall not be
permitted to vote or to change a vote or an abstention, except as provided in
paragraph (g) below or in the case of a motion to reconsider as set forth in Rule
15.
g. Unless any Councilmember calls for separate votes in advance, any item on the
Agenda with related sub-parts shall be treated as one agenda item and voted on
in one motion. If the item and sub-parts receive sufficient votes for approval of
some, but not all sub-parts, at the immediate request of any Councilmember, the
8 Fresno Municipal Code§2-313
Amended February 9, 2023
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first vote shall be nullified and Council shall then immediately, without discussion,
vote on each item separately.
h. For purpose of Charter Section 605, each proposed resolution or ordinance voted
on by the Council that is not approved by the Council and each ordinance or
resolution adopted by Council shall be transmitted to the Mayor within forty-eight
hours; if the forty-eight hours ends on a weekend or holiday, the time shall roll over
to the next business day.
RULE NO. 9
QUORUM, MAJORITY VOTES. AND SUPERMAJORITY VOTES
a. A majority of the entire membership of the Council shall constitute a quorum. A
quorum must be present to begin a Council meeting, for any vote to be taken, or
during any portion of a noticed public hearing.
b. A vote of the majority of the quorum shall be sufficient to take action except where
the Charter, FMC, or other applicable law requires a greater vote.
C. An Ordinance must receive at least four affirmative votes for adoption.
d. Matters requiring a supermajority vote (at least five affirmative votes) shall be
identified as such on the Agenda, and shall include, but are not limited to:
1. Adoption of an emergency ordinance necessary for preserving the public
peace, health or safety, that contains a statement of reasons for the
urgency, may be introduced, adopted, and take effect on the same date.9
2. Adoption of a resolution of necessity for a proposed taking of property by
power of eminent domain.10
3. Award of contract without competitive bidding if deemed by the Council to
be of urgent necessity for the preservation of life, health or property and if
such award is made by resolution declaring such facts.
4. Adoption of an appropriation amendment to the City Budget.',
5. Council override vote of a Mayoral veto.12
RULE NO. 10
PUBLIC COMMENT
a. Citizens have the right to present grievances or offer suggestions for the
betterment of municipal affairs at any regular meeting of the Council.13
b. At any special meeting of the Council, the public has a right to speak on any item
listed on the Council Special Meeting Agenda within the time limits described
9 Charter§603
10 Civil Code§ 1245.240
11 Charter§ 1206
12 Charter§609
13 Charter§506
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below. The public shall not have the right to address the Council on matters not
listed on the Council Special Meeting Agenda.
C. The public has a right at every regular meeting to provide oral testimony in
accordance with the Brown Act and Charter Section 506, subject only to the
following:
1. Action Items.
(a) Each speaker shall limit his or her remarks on any action item listed
on a Council Agenda to three minutes (hereinafter "public comment
period").14 A speaker's time may not be transferred, reserved, or
combined with another speaker's time.
(b) The public comment period may be extended by the Presiding
Officer.
(c) In situations in which more than 20 people wish to speak on an item,
the Presiding Officer may place reasonable limits on the public
comment period, including reducing the time allotted to each speaker
to two minutes and/or a specific time limit for the total presentation.
Such time limits shall allow for full discussion of the item by interested
parties or their representative(s). The purpose of this limitation is to
ensure the Council can address its agenda and avoid repetitious
presentations.
2. Consent Calendar.
(a) Items on the Consent Calendar are considered routine, not
controversial, and are treated as one agenda item. Public comment
on the Consent Calendar shall be limited to three minutes per
speaker, and comments shall be limited to discussion of those items
on the Consent Calendar.
(b) A Councilmember may remove ("pull") a specific item from the
Consent Calendar for separate discussion. Councilmembers may
also record a "no" vote or abstention as to one more items on the
Consent Calendar in advance of the vote. Council may then approve
the Consent Calendar by one motion.
(c) Items removed for separate discussion by Councilmembers will be
heard under "Contested Consent." The Council may hear public
comment on Contested Consent items at the time that item is heard.
(d) Generally, ordinance amendments approved by the Council at
introduction at one meeting shall be placed on the Consent Calendar
for final adoption at a subsequent meeting (noting, however, the
Council may, but is not required to, vote on an ordinance at
introduction).
3. Scheduled and Unscheduled Communications.
14 Fresno Municipal Code§2-312.
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(a) A member of the public may address the Council on any item of
interest within the subject matter jurisdiction of the Council, under
Scheduled or Unscheduled Communications. Public comment shall
be limited to three minutes. The Presiding Officer or Council may
limit the total testimony under this section of the agenda to one hour.
Councilmembers may ask follow up questions of any speaker and
make brief comments at that time.
(b) Scheduled Communications are provided as a courtesy and matter
of convenience to the public. Requests for Scheduled
Communications are to be submitted to the City Clerk at least
10 days in advance on the form provided by the City Clerk's office.
To maintain orderly conduct of Council meetings, a speaker may
address the Council under either Scheduled or Unscheduled
Communications, but not both. The Council President, in
consultation with the City Attorney, may deny a request for a
Scheduled Communication, if the communication has become
repetitive.
(c) Council may not take action on Scheduled and Unscheduled
Communications except to place the matter on a future agenda.
d. Speakers shall confine their remarks to those which are relevant to the subject
under consideration and are encouraged to present new evidence and points of
view not previously considered, to avoid repetition of statements made by previous
speakers. This is a time for speakers to make their remarks, not ask questions or
engage with officials on the dais; nonetheless, if speakers do have questions,
Council may direct that a staff member meet with the speaker following the
speaker's remarks. Any speaker or member of the audience the Presiding Officer
declares out of order may be given one warning, and then if the conduct continues,
that person shall be removed from the Council chambers. Out of order may consist
of, for example, continuing to speak after the time for speaking has expired,
speaking on a topic not before the Council at that time, speaking out from the
audience, or causing any other disruption of the meeting.
e. Each person addressing the Council shall step up to the microphone, give his or
her name and address for the Council in an audible tone of voice for the record.15
f. In addition to oral testimony, any person may petition the Council. Petitions and
other matters shall be in writing, signed by the petitioners or persons presenting
them. All petitions shall be made part of the official records kept by the City Clerk.
g. Alternative methods of addressing the Council shall be allowed for persons who
do not speak English or with disabilities. Requests for accommodation should be
made with the City Clerk at least three business days in advance of the meeting.16
To maintain clarity and accuracy of the public record, when a City-provided
interpreter is present, public comments or discussion on the record shall be
15 Fresno Municipal Code§2-312
16 Fresno Municipal Code§2-312
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translated by the City appointed interpreter. The translation may be summary of
the speaker's comments, unless a Councilmember or the speaker desires
otherwise or the matter is a noticed public hearing.
h. A speaker addressing the Council through an interpreter shall be granted twice the
allotted time for comment (generally, six minutes) to ensure non-English speakers
the same opportunity to directly address the Council, unless simultaneous
translation equipment is used.
i. If City officials or staff believes an interpreter is likely to be necessary for an item
that is contentious, high profile, or specifically affecting a large number of non-
English speakers, staff should timely arrange with the City Clerk to have an
interpreter available when the item is heard by the Council. Interpreters shall be
selected from the Judicial Council's Master List of Certified and Registered Court
Interpreters.
RULE NO. 11
WRITTEN CORRESPONDENCE
a. Any written communication relating to a matter pending, or to be brought before
the Council shall, whenever possible, be included in the agenda packet for the
meeting at which such item is to be considered. If received after the delivery of
the agenda packet, it shall be distributed to Council as soon as practicable after
receipt. The City Clerk shall also have copies available for requests by members
of the public.
b. Letters of appeal from administrative or commission decisions shall be processed
under applicable provisions of the FMC or other applicable laws.
C. Unless otherwise required by law to be accepted by the City at or prior to a Council
meeting or hearing, no documents shall be accepted for Council review unless
they are submitted to the City Clerk at least 24 hours prior to the Council Agenda
item being heard. Nonetheless, the Presiding Officer shall retain discretion to
accept additional documents at or prior to the time the Council Agenda item is to
be heard. The City Clerk shall note the 24 hour submittal requirement on the
Council Agenda.
RULE NO. 12
ORDER AND DECORUM
a. While the Council is in session, the Councilmembers must preserve order and
decorum. A Councilmember shall neither by conversation or otherwise, delay or
interrupt the proceedings or the peace of the Council nor disturb any
Councilmember while speaking or refuse to obey the orders of the Council or its
Presiding Officer, except as otherwise herein provided. No person shall be
permitted to interrupt a speaker who has the floor, except for a Councilmember to
raise a question of order.17
b. A Councilmember or other person properly before the Council shall address the
17 Fresno Municipal Code§ 2-314(a).
Amended February 9 , 2023
Page 11
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Presiding Officer, be recognized before proceeding, and confine remarks to the
question under discussion.18
C. If a Councilmember or other person, in speaking or otherwise, transgresses these
rules, the Presiding Officer or any Councilmember may raise a question of order.
The Presiding Officer shall then decide the question of order without debate. In
addition, the Presiding Officer may call for the sense of the Council on any question
of order.
d. Whenever any person is called to order while speaking, such person shall be in
possession of the floor after the question of order is decided, and may proceed
with the matter under the discussion within the ruling made on the question of
order.
e. No person, except authorized City officials and their representatives, may be
permitted beyond the podium in the Council Chambers without the express
consent of the Council.19
f. Any person who willfully engages in conduct which is designed to or is likely to
provoke others to violent or riotous behavior, disturbs the peace of the meeting by
loud and unreasonable noise, engages in other disruptive conduct which
substantially interferes with the orderly conduct of business before the Council,
and who fails, upon request of the Presiding Officer to cease such activity, shall be
forthwith barred from further attendance at such meeting unless permission to
and/or address the Council is granted by a majority vote of the Council. A person
violating this subsection shall be guilty of a misdemeanor.20 Graphic or potentially
offensive images, video, or discussion shall be preceded by a disclaimer, allowing
for sensitive or objecting individuals to exit for that portion of the presentation; see
also Rule 22.
g. The Chief of Police, or such member(s) of the Police Department as he or she may
designate, shall be sergeant-at-arms of the Council meetings, and shall be in
attendance when requested by the Presiding Officer. The sergeant-at-arms shall
carry out all orders and instructions given by the Presiding Officer for the purpose
of maintaining order and decorum at the Council meeting. Upon instructions of the
Presiding Officer, the sergeant-at-arms may place any person who engages in
conduct in violation of these Rules, under arrest, and cause him or her to be
prosecuted under the provisions of this Rule and the Fresno Municipal Code, the
complaint to be signed by the Presiding Officer.21
RULE NO. 13
DISCLOSURE OF CONFLICT OF INTEREST
a. The Political Reform Act prohibits any public official from making, participating in
making, or in any way attempting to use his or her official position to influence a
18 Fresno Municipal Code§2-312
19 Fresno Municipal Code§ 2-315
20 Fresno Municipal Code§2-314(b)
21 Fresno Municipal Code §2-314(c)
Amended February 9 , 2023
Page 12
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governmental decision in which the public official knows or has reason to know he
or she has a financial interest.22
b- A public official who holds an office specified in Government Code Section 87200,
and who has a disqualifying financial interest in a decision, shall identify the conflict
of interest or potential conflict of interest, and immediately prior to the consideration
of the matter, do all of the following-
1. Publicly identify the financial interest that gives rise to the conflict of interest
or potential conflict of interest in detail sufficient to be understood by the
public.
2. Recuse himself or herself from discussing and voting on the matter, or
otherwise acting in violation of Government Code Section 87100.
3. Leave the room until after the discussion, vote, and any other disposition of
the matter is concluded, unless the matter has been placed on the portion
of the agenda reserved for uncontested matters.23
C. Public officials who must comply with this Rule include, but are not limited to,
members of the Council, the Mayor, City Manager, City Attorney, City Controller,
City Clerk, and public officials who manage public investments.24
RULE NO. 14
MOTIONS
a. Only Councilmembers, or duly appointed members of boards sitting with the
Council, may make Motions. Motions and amendments may be verbal, but shall
be reduced to writing, if requested by the Presiding Officer. The City Clerk shall
record all motions and read them back when requested. Upon request, the City
Attorney shall assist in the formation of motions.
b- There are three motions that are most common and are usually subject to debate:
1. The main motion. This motion puts forward a substantive decision for
Council consideration. Only one main motion may be on the floor at one
time.
2. The motion to amend. This motion seeks to modify the main motion before
the Council. A motion to substitute a motion with another motion shall be
treated as a motion to amend. Only one motion to amend may be on the
floor at one time, unless the Presiding Officer allows Councilmembers to
state two or more motions to amend, which may be accumulated and then
voted upon in series in the order made. All motions to amend shall be
resolved prior to voting on the main motion.
3. The procedural motion. This motion is to address a rule of procedure,
postpone, or take some other action. Procedural motions take priority over
main motions and motions to amend. Only one procedural motion may be
22 Government Code§ 87100
23 Government Code§87105
24 Government Code§87200
Amended February 9, 2023
Page 13
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on the floor at one time. A "point of order' may be raised at any time,
interrupting a speaker when recognized by the Presiding Officer, to make a
procedural motion.
C. Any motion that does not receive a second shall die, and then another motion may
be made.
d. The following common procedural motions shall be handled as follows:
1. Motion to adjourn. This motion, if passed, requires the Council to
immediately adjourn to its next regularly scheduled meeting. It is not subject
to debate and requires a majority vote. It is the highest priority motion.
2. Motion to recess. This motion, if passed, requires the Council to
immediately recess. The Presiding Officer determines the length of the
recess. It is not subject to debate and requires a majority vote.
3. Motion to fix the time to adjourn. This motion, if passed, requires the Council
to adjourn the meeting at a specific time set in the motion. It is not subject
to debate and requires a majority vote.
4. Motion to table. This motion, if passed, requires the discussion of the
agenda item to be halted and the agenda item placed on hold. The motion
can contain a specific time in which the item can come back to Council. If
the motion does not contain a specific time for the return of the item, a
motion to take the item off the table will have to be taken at a future meeting
to bring it back to the Council. A motion to table or to bring it back to the
Council requires a simple majority vote.
5. Motion to continue. This motion, if passed, requires the item to be
withdrawn from the Agenda at that time and postponed either indefinitely or
to a certain time and/or date, or to a time later in that meeting, as stated in
the motion. A motion to continue is debatable and requires a simple
majority vote.
6. "Friendly Amendment."This is a "request, rather than a formal motion. The
speaker asks whether the maker of the main motion would agree to amend
the motion, as suggested. If agreed, and if the member providing the
second also agrees, or another second is offered, then the main motion is
replaced with the amended motion. If an offer for a "friendly amendment" is
rejected, then a formal motion to amend may be made.
RULE NO. 15
RECONSIDFRATION25
a. A motion to reconsider any action taken by the Council may be made only on the
day such action was taken. It may be made either immediately during the same
session, or at a recessed or adjourned session thereof. Such motion must be
made by one of the prevailing side, but may be seconded by any member, and
may be made at any time and have precedence over all other motions or while a
member has the floor-, it shall be debatable. Nothing herein shall be construed to
25 Fresno Municipal Code§2-310(e)
Amended February 9, 2023
Page 14
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prevent any member of the Council from making or remaking the same or any
other motion at a subsequent meeting of the Council so long as the ability to make
such motion meets the requirements of applicable laws.
b. Notwithstanding this rule, when the Mayor makes a written request for Council
reconsideration in accordance with Article 3 of Chapter 2 of the Fresno Municipal
Code and Charter Section 605(d), the Council shall reconsider such request.
RULE NO. 16
PUBLIC HEARINGS
a. Public hearings are matters that require a notice by publication or mail and are to
be heard on a set date and time.
b. Order of Proceedings. Generally, public hearings shall be conducted in the
following order:
Hearing Opened
Staff Report
Presentation by Proponent, Applicant or Appellant
Questions of Proponent, Applicant or Appellant by Council and/or Staff
Public Testimony
Hearing Closed
Discussion by Council
Action by Council
C. Notwithstanding the public comment period in Rule 10, a project or entitlement
applicant/appellant shall have such time necessary for a fair and reasonable oral
testimony or presentation in connection with the particular Noticed Public Hearing
item. In general, this time limit shall beset at 10 minutes.
d. No main motions may be made until a hearing is closed for public comment.
e. Testimony after Closure of Hearing. Once the hearing has been closed, no
additional public testimony will be taken without a majority vote of the Council to
reopen the hearing, even in cases where the item is continued to a future date for
Council consideration. However, after the hearing has been closed, the Council
may direct questions to the applicant, or any other person who has testified during
the hearing, and receive their answers, which shall be deemed to be part of the
record of testimony at the hearing. In the event public testimony is reopened to
allow additional information or additional speakers, the Council shall permit a
reasonable time for rebuttal.
RULE NO. 17
QUASI-JUDICIAL HEARINGS AND INDIVIDUAL CONTACTS
a. Fair hearings are required in quasi-judicial matters. Quasi-judicial hearings shall
be conducted in accordance with the principles of due process, and the City
Attorney shall advise the Council in this regard.
b. Examples of quasi-judicial hearings include applications and revocations of
variances, site plans, and conditional use permits ("CUPs"); resolutions of
necessity of eminent domain actions; appeal of competitive bid awards, card room
Amended February 9, 2023
Page 15
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permit appeals.
C. Except as set forth herein, no member of the Council shall discuss or listen to
discussion of the facts of any quasi-judicial matter while such matter is pending
before the Council or any agency, board or commission thereof except at such
time as that matter comes before the Council at a Noticed Public Hearing.
d- Councilmembers shall not discuss with any member of the public the facts of any
such matter while such is pending before the Council or any agency, board or
commission.
e- Matters involving permits are pending before a City agency, board of commission
when an application for a permit has been filed with the appropriate City
department.
RULE NO. 18
CONTINUANCES
In addition to a motion to continue as provided in Rule 14, prior to the approval of
the Agenda, any Councilmember may ask that an Agenda item be continued
indefinitely or to a future date and/or time certain. The matter shall then be
continued unless the Council, by majority vote, does not approve the request to
continue. Once a matter has been removed from the Agenda, it may not be placed
back on the Agenda or heard during that meeting, unless a Request for
Reconsideration is made prior to considering any other item or adjourning the
meeting.
RULE NO. 19
PRIORITY OF BUSINESS
a- The majority of the entire membership of the Council may, by motion, designate
any matter on the agenda to be a special order of business, which shall take
precedence over all other business. A special order of business action is limited
to matters properly noticed and placed on the agenda under the Brown Act.26 This
rule does not permit the hearing of a timed item prior to the time set on the agenda.
If Council wants to change the date of a scheduled hearing to a later date, Council
may do so without having to wait until the time set for hearing.
b. All questions relating to the priority of business to be acted upon by the Council
shall be decided without debate.
RULE NO. 20
COUNCILMEMBER REPORTS AND COMMENTS
a- Any Councilmember may, during the time for Councilmember reports and
comments, report on activities in representing the Council or the City, before other
governmental agencies and at public events, or direct brief questions to other
Councilmembers, the City Manager, the City Attorney, or the City Clerk. Each
Councilmember may also bring to the Council's attention any item of new business
under this portion of the agenda. Each Councilmember shall limit his or her reports
26 Government Code§§ 54950 et seg.
Amended February 9, 2023
Page 16
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and comments to a total of three minutes.
b Action on any matter of business not listed on the agenda shall be deferred until
properly listed on the agenda for a subsequent Council meeting unless properly
added to the agenda due to a need for immediate action pursuant to state law.
RULE NO. 21
CLOSED SESSIONS
a. Closed sessions may be held at any regular or special meeting for any purpose
authorized under the Brown Act in accordance with the procedures in Rule 6.
Council actions shall be governed by the Brown Act. Public comments on any item
to be heard in closed session shall be received prior to, but not necessarily
immediately prior to, a closed session. No discussions in closed session shall take
place without a quorum present.
b. Pursuant to the Brown Act,27 the City Clerk may be required to attend a closed
session of the Council and keep and enter in a minute book a record of topics
discussed and decisions made at each meeting. The confidentiality of such
minutes shall be maintained pursuant to the Brown Act and attorney client
privilege.
C. Announcements of Action Taken. When required by state law, actions taken in
closed session shall be announced in open session promptly after the closed
session. A place may be listed on the agenda for such announcements. After
closed sessions, the Presiding Officer, City Clerk, and City Attorney, shall
reconvene in open session and make any such required announcements prior to
final adjournment of the meeting.
d. Persons Permitted in Closed Sessions. Persons permitted in closed session
meetings are limited to: Councilmembers; the City Manager and/or Assistant City
Manager(s); the City Attorney and any other attorneys or legal consultants at the
invitation of the City Attorney; the City Clerk; and necessary City staff for the matter
being considered. No other persons may be present without the prior approval of
the Presiding Officer and the City Attorney.
e. Closed Session Materials. Complete written materials shall be timely provided for
all closed session matters, and if not, the matter shall be removed from the
Agenda. "Complete" means the materials contain all the information necessary for
Council to make a fully informed decision, including details and context of the
matter. Any decision on completeness will be resolved by the Council President in
consultation'with the City Attorney. Confidential documents, including litigation
summaries, legal memoranda, and drafts of labor and real estate agreements or
term sheets, and all supporting and presentation materials (e.g., PowerPoint
presentations) shall be made available to Councilmembers, the City Manager, and
the City Attorney by noon on the third day (typically Monday) prior to the Council
meeting. The documents shall be treated as strictly confidential. All confidential
documents to be discussed in the closed session shall be clearly marked
"Confidential." All confidential documents provided for the closed session shall
27 Government Code§ 54957.2
Amended February 9 , 2023
Page 17
remain in the closed session meeting room at the conclusion of the closed session
for collection by the City Attorney's Office, unless released by the City Attorney.
f. Withdrawing Closed Session Items. After publication of the Agenda, if Staff or the
City Attorney plans to withdraw any item from closed session discussion, that fact
shall be communicated to Councilmembers at the earliest opportunity and then
disclosed to the public prior to approval of the Agenda during the Council meeting.
RULE NO. 22
QUESTIONS OF ORDER AND APPEALS TO RULINGS OF CHAIR
a. A question of order may be raised at any stage of the proceedings, except during
a calling of the roll when the ayes and noes are called for. Such question shall be
decided by the Presiding Officer, without debate, subject to an appeal to the
Council.
b. A ruling of the Presiding Officer shall not be subject to debate. However, the ruling
may be appealed by any two Councilmembers, one Councilmember making the
appeal and another seconding it. The question is then taken from the Presiding
Officer and vested in the Council for final decision by majority vote of the entire
membership of the Council. A tie sustains the Presiding Officer.
RULE NO. 23
BOARDS. COMMISSIONS. AND COMMITTEES OF THE COUNCIL
a. Council may create a board, commission, committee of the Council, or other body
of the City by ordinance, resolution, or other formal action of the Council.
Legislative bodies created by Council are subject to the Brown Act, except for ad
hoc committees.28
b. Boards, commissions, committees and similar bodies not created by Charter, by
ordinance or by resolution of the Council shall automatically terminate two years
from their creation, unless otherwise specified by the Counci1.29
C. Advisory committees composed solely of less than a quorum of the Council are
either standing committees or ad hoc committees. Standing committees are
subject to the Brown Act, whereas ad hoc committees are not.
1. A standing committee is a committee having continuing jurisdiction over a
particular subject matter, or having a meeting schedule fixed by Charter,
ordinance, resolution, or formal action of the Council. A committee with
continuing subject matter jurisdiction has authority to consider a specific
subject matter on an ongoing basis. Examples include committees that have
authority to hear and consider issues relating to budgets, audits, contracts,
and personnel matters that do not require renewal of its authority to hear and
consider such matters.30
28 Government Code§ 54952
29 Fresno Municipal Code§2-902
30 79 Ops. Cal. Atty. Gen. 69, 72-73 (1996)
Amended February 9, 2023
Page 18
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2. An ad hoc committee is a committee that consists solely of less than a
quorum of the Council, that does not have a continuing subject matter
jurisdiction, or a meeting schedule fixed by formal action of the Council. Ad
hoc committees must have a limited term, and are charged with
accomplishing a specific task in a short period of time. Such committees are
dissolved when their specific task is completed, and are not perpetual.31
RULE NO. 24
MAYORAL COMMITTEE APPOINTMENTS
Action by the Council on requests by the Mayor for confirmation or approval of an
appointee or nominee to a public office or position shall be taken by minute
resolution confirming or not confirming the appointee or nominee.
RULE NO. 25
COUNCIL APPOINTMENTS OF COUNCILMEMBERS TO COMMITTEES
a. From time to time, Council appoints a Councilmember to serve on a board,
commission, committee, joint power authority, or other official body (hereinafter
"Committee.") Such appointments shall be for a two year period, unless otherwise
stated in the implementing document that formed the Committee.32
b. No later than the first regular meeting in February of each year, Council shall
review all the appointments as provided in a list prepared by the City Clerk. The
annual review will be conducted to fill vacancies or an expired term of office, and
to consider removal of any appointee for cause, such as for failure to keep Council
informed of the Committee's activities, or for excessive absenteeism without good
cause.
C. At the first regular meeting of each month, the appointed Councilmember shall
report on the activities of the Committee, including any significant projects of the
Committee before it takes place, such as issuance of bonds, matters relating to
financing, and other matters that may commit the City to a particular course of
action.
d, The Council President shall have the authority to appoint a designee to attend
Committee meetings and participate as a voting member of the Committee in his
or her absence, as permitted by the implementing document that formed the
Committee.
e. The Councilmember next in line to serve as Council President is strongly
encouraged to start attending meetings of the Committee served by the Council
President, at least six months before the expiration of the Council President's term
of office. This will give the incoming Council President an opportunity to learn
about the Committees, particularly those that deal with complex subjects, before
he or she takes office.
31 79 Ops. Cal.Atty. Gen. 69, supra
32 Fresno Municipal Code §2-802
Amended FebrUary 9, 2023
Page 19
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RULE NO. 26
NEWS MEDIA
a. Members of the news media covering the business of the Council may be assigned
to selected areas by the Presiding Officer.
b. Members of the news media shall be permitted to televise and sound-record the
proceedings of the Council under such rules and conditions as the Presiding
Officer may prescribe.
C. Selected areas assigned to the members of the news media in the Council
Chambers shall be exclusively for the use of the news media members.
Unauthorized individuals shall not use or occupy said assigned areas.
RULE NO. 27
ACCESS TO THE DAIS
a. No person shall be permitted on the dais during Council meetings except for the
following: Councilmembers, the City Clerk, the City Attorney, the City Manager and
Assistant City Manager(s), the Successor Agency Executive Director (during joint
meetings), duly authorized additional members of boards sitting in joint meetings
with the Council, and on a limited basis, those who are asked to assist the above
(Deputy City Attorneys, Council Assistants, etc.). Any other person desiring to sit
on the dais may do so only by permission of the Presiding Officer.
b. Members of the news media shall not be permitted access to the dais during
Council meetings.
Amended February 9, 2023
Page 20
C1
RESOLUTION NO. 2023-029
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA, OF INTENTION TO ANNEX FINAL
TRACT MAP NO. 6299 AS ANNEXATION NO. 137 TO THE
CITY OF FRESNO COMMUNITY FACILITIES DISTRICT NO.
11 AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES
WHEREAS, the City of Fresno (City) is a charter city and municipal corporation
duly created and existing under the Constitution and laws of the State of California; and
WHEREAS, under the City of Fresno Special Tax Financing Law, Chapter 8,
Division 1, Article 3, of the Fresno Municipal Code (City Law), this Council, as the
legislative body for the community facilities district and any annexation thereto, has the
authority to establish a community facilities district and annex property to the community
facilities district; and
WHEREAS, on November 15, 2005, the Council of the City of Fresno (Council)
adopted Council Resolution No. 2005-490 establishing the City of Fresno Community
Facilities District No. 11 (CFD No. 11); and
WHEREAS, the original boundaries of CFD No. 11 are shown on the Boundary
Map of City of Fresno Community Facilities District No. 11, recorded November 8, 2005,
at Book 41, Page 61 of Assessment and Community Facilities Districts in the Office of the
Recorder, County of Fresno, California, a copy of which is on file in the Office of the City
Clerk of the City of Fresno (City Clerk); and
WHEREAS, the territory encompassing the existing CFD No. 11 is attached hereto
as Exhibit A and incorporated herein by this reference; and
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Date Adopted: 02/09/2023
Date Approved: 02/09/2023
Effective Date: 02/09/2023 Resolution No. 2023-029
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WHEREAS, the landowner of Final Tract Map No. 6299 has formally petitioned the
City to annex Final Tract Map No. 6299 to CFD No. 11, and the area proposed for
annexation to CFD No. 11 is attached hereto as Exhibit B and incorporated herein by this
reference; and
WHEREAS, the types of public services provided in the existing CFD No. 11
(Services) are specified in the document attached hereto as Exhibit C, Page C-2, and
incorporated herein by this reference; and
WHEREAS, the types of Services to be provided to Annexation No. 137 by CFD
No. 11, are specified in the document attached hereto as Exhibit C, Page C-1, and
incorporated herein by this reference-, and
WHEREAS, Annexation No. 137, Final Tract Map No. 6299 is located entirely
within the limits of the City of Fresno; and
WHEREAS, CFD No. 11 and Annexation No. 137 will share costs proportionately
for Services provided by the City; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as
follows-
1. Recitals. The forgoing recitals are true and correct.
2. Proposed Annexation No. 137 Boundaries. The proposed boundaries of
Annexation No. 137 are as shown on the map (copy attached as Exhibit B) on file with
the City Clerk. The boundaries, shown in Annexation Map No. 137, for the territory
proposed to be annexed, are preliminarily approved. The City Clerk is directed to record
Annexation Map No. 137, or cause it to be recorded, in the Office of the Recorder, Fresno
County, California within ten days after the adoption date of this resolution.
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3. Services. The operation and reserves for maintenance (Services)
proposed to be financed in Annexation No. 137 are listed on Page C-1 of Exhibit C,
attached hereto and incorporated herein by this reference.
4. Special Taxes. Except to the extent that funds are otherwise available to
CFD No. 11 to pay for the Services in Annexation No. 137, a special tax sufficient to pay
the costs (Special Tax) thereof, secured by recording a continuing lien against all
nonexempt real property in Annexation No. 137 will be levied annually within Annexation
No. 137, and collected in the same manner as ordinary ad valorem property taxes, or in
any other manner as this Council or its designee shall determine, including direct billing
of the affected property owners. The proposed rate and method of apportionment of the
Special Tax among the real property parcels within Annexation No. 137 are described in
sufficient detail for each landowner within Annexation No. 137 to estimate the maximum
amount each owner will have to pay, in Exhibit D, attached hereto and incorporated herein
by this reference.
5. District Annexation Report. The Director of Public Works Department, as
the officer having charge and control of the Services in and for CFD No. 11, or designee,
is directed to study the proposed Services and to make, or cause to be made, and filed
with the City Clerk a report of CFD NO. 11, Annexation No. 137 (District Report), in writing
presenting the following:
a. A description of the Services by type required to adequately meet the
needs of CFD No. 11, Annexation No. 137.
b. An estimate of the fair and reasonable cost of the Services including
the cost of acquiring land, rights-of-way and easements, costs of any physical
3 of 6
services required in conjunction therewith, and incidental expenses in connection
therewith.
C. Describe any plan for Services that will be provided in common with
the existing district and/or any territory that may be annexed.
d. If the Special Tax levied within the territory proposed to be annexed
is higher or lower than the existing CFD No. 11, identify the extent and reasons
why the costs to provide Services in that territory are higher or lower than those
provided in the existing CFD No. 11. Specify any alteration in the special tax rate
levied within the existing CFD No. 11 because of the proposed annexation.
e. The CFD No. 11, Annexation No. 137 District Report shall be made
a part of the record of the public hearing specified below.
6. Single Ballot. The propositions to set the appropriations limit and to
approve the levy of the Special Tax shall be combined into a single ballot and submitted
to the voters pursuant to City Law.
7. Public Hearing. Thursday, March 30, 2023 at 10:00 a.m., is fixed as the
date and time, in the City Council Chambers, 2600 Fresno Street, Fresno, California, that
this Council, the legislative body for CFD No. 11, will conduct a public hearing on the
annexation of Final Tract Map No. 6299 and will consider and finally determine whether
the public interest, convenience and necessity require the annexation and the levy of the
Special Tax.
8. Public Notice. The City Clerk is directed to cause notice of the public
hearing to be given by publication once in a newspaper of general circulation published
in the area of CFD No. 11. The publication shall be complete at least seven days before
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the hearing date set herein. The notice shall be in the form specified by Sections 53339.4
and 53322 of Chapter 2.5 of the California Government Code.
9. This resolution shall be effective upon final approval:
Attachments:
Exhibit A: Original Boundaries of CFD No. 11
Exhibit B: Annexation Map No. 137
Exhibit C: Description of Services
Exhibit D: Rate and Method of Apportionment of Special Tax
* * * * * * * * * * * * * *
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STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, TODD STERMER, City Clerk of the City of Fresno, certify that the foregoing resolution
was adopted by the Council of the City of Fresno, at a regular meeting held on the
9th day of r 2023.
AYES Perea, Arias, Maxwell, Chavez, Bredefeld, Esparza
NOES None
ABSENT Karbassi
ABSTAIN None
TODD STERMER, CMC
City Clerk
BY: Z-Z -zoz3
Deputy Date
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
BY: Z/17Z2023
Heather Thomas Date
Deputy City Attorney
6 of 6
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EXHIBIT C �
CITY OF FRESNO
Community Facilities District No. 11
Annexation No. 137
Description of Services to be Financed by Community Facilities District No. 11
for Annexation No. 137 (Final Tract Map No. 6299)
The operations and reserves for the maintenance of certain required improvements (Services)
that are to be financed by Community Facilities District No. 11 (CFD No. 11)for Final Tract Map
No. 6299, Annexation No. 137 are generally as described below.
The Services will include all costs (including reserves for replacement) attributable to
maintaining, servicing, cleaning, repairing and/or replacing landscaped areas and trees in public
street rights-of-way, public landscape easements, public open spaces and other similar
landscaped areas officially dedicated for public use.
General maintenance will include, without limitation, mowing, edging, fertilizing, aerating and
watering grass areas, repairing and replacing irrigation systems as necessary; staking, pruning,
replacing and spraying of trees and shrubs; removing litter, debris, and garbage.
Services shall include all costs attributable to cleaning, maintaining, servicing, repairing andfor
replacing all ground level infrastructure (including reserves for replacement) within dedicated
public easements and outlots. Such facilities include, without limitation, concrete curbs, gutters,
major street median hardscaping, entrance median curbs and hardscaping, valley gutters, curb
ramps and sidewalks, street name signage, street lighting, and local street paving associated
with this subdivision. Such facilities may also include, without limitation, all hardscaping and
park amenities and structures associated with the subdivision.
Services shall include all costs attributable to street lighting services.
Maintenance costs will include a proportionate share of all other expenses that the City of Fresno
(City) may incur in administering CFD No. 11.
All Services shall be provided by the City, with its own forces or by contract with third parties, or
any combination thereof, to be determined entirely by the City.
Nothing in this exhibit or any other exhibit or provision of this Resolution shall be construed as
committing the City or CFD No. 11 to provide all of the authorized Services or to provide for the
payment of or reimbursement for all of the authorized incidentat expenses. The provision of
Services and/or payment or reimbursement of incidental expenses shall be subject to the
successful annexation of Annexation No. 137 to CFD No. 11 and the availability of sufficient
proceeds of Special Taxes within CFD No. 11.
C-1
i
EXHIBIT C c� "area e� '
CITY OF FRESNO
Community Facilities District No. 11
Formation
Description of Services currently financed by Community Facilities District No. 11
The services that are to be financed (Services) by Community Facilities District No. 11 (CFD No.
11) are any and all Services defined by City of Fresno Special Tax Financing Law (Chapter 8,
Division 1, Article 3 of the Fresno Municipal Code) and the Mello-Roos Community Facilities Act
of 1982 (Chapter 2.5 commencing with Section 53311, of Part 1, Division 2, Title 5 of the
California Government Code.)
I. Services may include all costs attributable to maintaining, servicing, cleaning, repairing
and/or replacing all facilities, including hardscaping, in landscaped areas (may include
reserves for replacement) in public street rights-of-way, public landscape easements,
public trail areas, parkways, and other similar landscaped areas officially dedicated for
public use.
II. General maintenance will include, without limitation, mowing, edging, fertilizing, seeding,
aerating, and watering grass areas; repairing and replacing irrigation systems as
necessary; staking, pruning, replacing and spraying of trees and shrubs; repairing and
replacing paths, walkways and trails; removing litter, debris, and garbage.
II. Services may include all costs attributable to cleaning, maintaining, servicing, repairing
and/or replacing all local ground level street infrastructure (may include reserves for
replacement) within local street rights-of-way. Such facilities may include, without
limitation, street paving, curbs and gutters, sidewalks, street lighting, hydrants, inlets,
street trees and street furniture. .
III. Services may include costs attributable to police, fire, traffic control, street lighting and
recreational services.
Maintenance costs will also include a proportionate share of all other expenses that the City of
Fresno (City) may incur in administering the CFD No. 11.
All Services shall be provided by the City, with its own forces or by contract with third parties, or
any combination thereof, to be determined entirely by the City.
Nothing in this exhibit or any other exhibit or provision of this resolution shall be construed as
committing the City or CFD No. 11 to provide all of the authorized Services or to provide for the
payment of or reimbursement for all of the authorized incidental expenses. The provision of
Services and/or payment or reimbursement of incidental expenses shall be subject to the
continued existence of CFD No. 11 and the availability of sufficient proceeds of special taxes
within the CFD No. 11.
C-2
EXHIBIT D
CITY OF FRESNO
Community Facilities District No. 11
Annexation No. 137
Rate and Method of Apportionment of Special Tax
Cost Estimate
The estimate breaks down the costs of providing 1 year's service for FY 2022-2023 for
Final Tract Map No. 6299.
ITEM DESCRIPTION ESTIMATED COST
1 Landscape Operational Costs $47,478.00
2 Other Operational Costs $1,308.00
3 Reserve for Replacement $67,540.00
4 Incidental Expenses $3,270.00
Total $119,596.00
Subdivision Appropriation Limit
FINAL MAX. SPECIAL TOTAL
TRACT TAX PER TAXABLE APPROPRIATION SUBDIVIDER
MAP RESIDENTIAL UNITS LIMIT
NO. UNIT
6299 $548.61 218 $500,000.00 KB Homes
City of Fresno
D-1
D.Z�Z7-
EXHIBIT D
Community Facilities District No. 11
Annexation No. 137
Rate and Method of Apportionment of Special Tax
A Special Tax applicable to each assessor's parcel in Community Facilities District No.
11 (CFD No. 11) shall be levied and collected according to the tax liability determined by
the City Council of the City of Fresno, through the application of the appropriate amount
or rate for taxable property, as described below. All of the property in CFD No. 11, unless
exempted by law or by the provisions of Section E below, shall be taxed for the purposes,
to the extent, and in the manner herein provided, including property subsequently
annexed to CFD No. 11 unless a separate Rate and Method of Apportionment of Special
Tax is adopted for the annexation area.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Assessor's Parcel" or "Parcel" means a lot or parcel shown on an assessor's parcel
map with an assigned assessor's parcel number.
"Assessor's Parcel Map" means an official map of the County Assessor of the County
of Fresno designating parcels by assessor's parcel number.
"City" means the City of Fresno.
"City Law" means the City of Fresno Special Tax Financing Law, Chapter 8, Division 1,
Article 3, of the Fresno Municipal Code.
"Council" means the City Council of the City of Fresno, acting as the legislative body of
CFD No. 11.
"Developable Lot" means a lot that is anticipated development of residential or non-
residential uses, and which is not an outlot, remainder parcel or other parcel which is not
intended to be developed or which must be further subdivided before being developed.
"Excluded Parcels" means those assessor's parcels identified as ineligible for inclusion
in CFD No. 11 as shown in "Attachment 1" of this Rate and Method of Apportionment of
Special Tax.
"Final Map" means a final map, or portion thereof, approved by the Council of the City of
Fresno pursuant to the Subdivision Map Act(California Government Code Section 06410
et seq.)that creates individual developable lots for which building permits may be issued.
The term "Final Map" shall not include any assessor's parcel map or subdivision map or
portion thereof that does not create individual developable lots for which a building permit
may be issued, including assessor's parcels that are designated as remainder parcels.
D-2
f II'
.4~ N
EXHIBIT D
"Fiscal Year" means the period starting April 1 and ending on the following March 31.
"Maximum Special Tax" means the maximum special tax, determined in accordance
with Section C, which can be levied in any Fiscal Year.
"Proportionately" means, in any fiscal year, that the ratio of the actual Special Tax to
the Maximum Special Tax is equal for all assessor's parcels in CFD No. 11.
"Public Property" means any property within the boundaries of CFD No. 11 that is
owned by the federal government, the State of California or other local governments or
public agencies.
"Reserve for Replacement" means a reasonable reserve pursuant to Fresno Municipal
Code 8-1-303(e) (4), as a service cost or expense and not as payment for public facilities
under Government Code Section 53321(d).
"Residential Unit" means a residential dwelling unit and shall include single-family
unattached homes, condominiums, town homes, duplex, triplex and fourplex units, and
individual apartment units in a multi-family building. For purposes of the levy of special
taxes pursuant to Section C below, "Residential Units" shall include dwelling units already
built on taxable property in CFD No. 11, as well as dwelling units planned, but not yet
built, when the special tax is levied each fiscal year.
"Shared Services" means the costs of services are paid equally by the property owners
of two or more subdivisions.
"Special Tax" means any special tax to be levied each fiscal year on assessor's parcels
of taxable property to fund the Special Tax Requirement as defined below.
"Special Tax Requirement" means the amount necessary in any fiscal year to (i) pay
authorized maintenance and improvement expenses, (ii) pay administrative expenses of
CFD No. 11, and (iii) cure any delinquencies in the payment of special taxes levied in
prior fiscal years or(based on delinquencies in the payment of special taxes which have
already taken place) are expected to occur in the fiscal year in which the tax will be
collected.
"Subdivision" means the division, by any subdivider, of any unit or units of improved or
unimproved land, or any portion thereof, shown on the latest equalized county
assessment roll as a unit or as contiguous units, for the purpose of sale, lease, or
financing whether immediate or future. Property shall be considered as contiguous units,
even if it is separated by roads, streets, utility easement or railroad rights-of-way.
"Subdivision" includes a condominium project, as defined in Section 4125 of the Civil
Code, a community apartment project, as defined in Section 4105 of the Civil Code.
D-3
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C
6
EXHIBIT D
"Taxable Property" means all of the assessor's parcels within the boundaries of CFD
No. 11 which are not exempt from the special tax pursuant to law or Section E below.
B. CALCULATION OF RESIDENTIAL UNITS
On April 1 of each fiscal year, the City of Fresno (City) or its designee shall determine
how many residential units are built, or allowed to be built, on assessor's parcels within
CFD No. 11. For parcels of undeveloped property zoned for development of single-family
units attached, the number of residential units shall be determined by referencing the
condominium plan, apartment plan site plan or other development plan, or by assigning
the maximum allowable units permitted based on the underlying zoning for the parcel.
Once a single-family attached building or buildings have been built on an assessor's
parcel, the City or its designee shall determine the actual number of residential units
contained within the building or buildings, and the special tax levied against the parcel in
the next fiscal year shall be calculated by dividing the Special Tax Requirement by the
actual number of residential units not to exceed the Maximum Special Tax per residential
unit identified for the final map in Section C, Table 1 below.
C. MAXIMUM SPECIAL TAX
The Maximum Special Tax (MST) applicable to each assessor's parcel in CFD No. 11
shall be specific to each final map within CFD No. 11. When additional property is
annexed to CFD No. 11, the rate and method adopted for the annexed property shall
reflect the MST for the final map or final maps then annexed. The Maximum Special Tax
for Fiscal Year 2022-2023 for a residential unit within Final Tract Map No. 6299 is
identified in Table 1 below:
Table 1
Maximum Special Tax
(Fiscal Year 2022-2023)*
Final Tract Map Number** Maximum Special Tax
6299 $548.61 per Residential Unit
*Beginning in January of each year, the MST will be adjusted upward annually
by 2% or by the rise of the Construction Cost Index (CCI), if it exceeds 2%, for
the San Francisco Region for the prior 12-month period (December through
December) as published in the Engineering News Record, or published in a
comparable index if the Engineering News Record is discontinued or otherwise
not available. Each annual adjustment of the MST shall become effective on
the subsequent July 1.
** A Special Tax shall be levied on all parcels within an identified final map
except excluded parcels as identified in Attachment 1.
D-4
�4.
■rFl lrff _ •,� D
EXHIBIT D 14
D. METHOD OF LEVY AND COLLECTION OF THE SPECIAL TAX
Commencing with Fiscal Year 2022-2023, the Special Tax shall be levied on all taxable
parcels as follows:
Step 1: Determine the Special Tax Requirement (as defined in Section A
above) for the fiscal year in which the Special Tax will be collected;
Step 2: Calculate the total special tax revenues that could be collected from
taxable property within CFD No. 11 based on applying the Maximum
Special Tax rates determined pursuant to Section C above to the
number of residential units on each parcel of taxable property in CFD
No. 11;
If the amount determined in Step 1 is renter than or a ual to the
amount calculated in Step 2, levy the Maximum Specia€ Tax set forth in
Table 1 above on all parcels of taxable property in CFD No. 11;
If the amount determined in Step 1 is less than the amount calculated
in Step 2, levy the Special Tax proportionately against all parcels of
taxable property up to 100% of the Maximum Special Tax for each
subdivision as identified in Table 1, until the amount of the Special Tax
levy equals the Special Tax Requirement for that fiscal year.
The Special Tax for CFD No. 11 shall be collected in the same manner and at the same
time as ordinary ad valorem property taxes, provided, however, that CFD No. 11 may
(under the authority of Government Cade 53340), in any particular case, bill the taxes
directly to the property owner off of the County of Fresno tax roll, and the Special Taxes
will be equally subject to penalties and foreclosure if delinquent.
E. EXEMPTIONS
Notwithstanding any other provision of this Rate and Method of Apportionment of Special
Tax, no Special Tax shall be levied on parcels that have been conveyed to a public
agency, except as otherwise provided in City Law, and properties receiving a welfare
exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code. In
addition, no Special Tax shall be levied on excluded parcels or parcels that are
determined not to be developable lots.
D-5
EXHIBIT DOV
' )-ED CV"
ATTACHMENT 1
City of Fresno
Community Facilities District No. 11
Annexation No. 137
Excluded Parcels
THERE ARE NO EXCLUDED PARCELS IN
FINAL TRACT MAP NO. 6299
D-6
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RESOLUTION NUMBER 2023-036 �
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA, ORDERING THE SUMMARY
VACATION OF ACCESS RIGHT RESTRICTIONS ON A
PORTION OF THE NORTHWEST CORNER OF EAST
COPPER AVENUE AND NORTH MAPLE AVENUE
WHEREAS, the Council has elected to proceed under the provisions of the Public
Streets, Highways, and Service Easements Vacation Law (Division 9, Part 3 of the
California Streets and Highways Code), and specifically Chapter 4 (commencing with
Section 8330) thereof, to summarily vacate the access right restrictions on a portion of
the northwest corner of East Copper Avenue and North Maple Avenue, as shown on
Exhibit "A" which is attached and incorporated in this Resolution; and
WHEREAS, Copper River Marketplace is requesting the proposed vacation of
access right restrictions on a portion of the northwest corner of East Copper Avenue and
North Maple Avenue, as shown on Exhibit A which is attached and incorporated in this
Resolution; and
WHEREAS the purpose of this proposed vacation is to accommodate development
associated with site plan number P21-05776 for the construction of two commercial
driveway approaches for two access points to the northerly adjacent parcels; and
WHEREAS, the Traffic and Engineering Services Division has reviewed this
proposal and determined the proposed vacation of access right restrictions as shown on
Exhibit A is necessary at this location, said Exhibit is included in this Resolution; and
WHEREAS, this action is being taken pursuant to the provisions of the Public
Streets, Highways, and Service Easements Vacation Law (Cal. Sts. & Hy. Code §§ 8300-
1 of 3
Date Adopted: 02/09/2023
Date Approved: 02/16/2023
Effective Date: See Section 4 Resolution No. 2023-036
n �
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8363).
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as
follows:
1. The public interest and convenience require, and it is hereby ordered, that
as of March 9, 2023, the access right restrictions of this proposed vacation to
accommodate development associated with site plan number P21-05776 for the
construction of two commercial driveway approaches, as shown in Exhibit A be vacated.
2. The City Clerk shall certify to the passage of this Resolution and shall file a
certified copy, attested by the City Clerk under the seal of the City of Fresno, to be
recorded in the Office of the County Recorder of the County of Fresno, State of California.
3. The City Clerk shall file a certified copy of the resolution for recordation in
the Office once all work associated with this requirement has been accepted by the City
Engineer or the Public Works Director.
4. This vacation shall become effective on the date this resolution is recorded.
* * * * * * * * * * * * * * *
2 of 3
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STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, TODD STERMER, City Clerk of the City of Fresno, certify that the foregoing
resolution was adopted by the Council of the City of Fresno, at a regular meeting held
on the _ 9th day of February , 2023.
AYES Perea, Arias, Maxwell, Chavez, Bredefeld, Esparza
NOES None
ABSENT Karbassi
ABSTAIN None
Mayor Approval February 15 . 2023
Mayor Approval/No Return: N/A , 2023
Mayor Veto: N/A , 2023
Council Override Vote: 2023
TODD STERMER, CMC
City Clerk
By. 2 -Z ►-zoz3
Deputy Date
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
BY: 23
Heather Thomas Date
Deputy City Attorney
Attachment:
Exhibit A
PW12771
3 of 3
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VACATION EXHIBIT "A11
0""
SCALE: 1" = 100'
W f PARCEL C / `\
II I I I � I
I /
n
PARCEL B
ETAJL
.On SCALE: 1"=50'
CL
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PARCEL A 11.45' TO BE V_ /
Ld I \=
DETAIL B
I SCALE: 1"=50'
.I.E.CFrI.Q.*
PROPERTY LINE AS PER PARCEL MAP NO. 2008-22
RECORD DATA AS PER PARCEL MAP NO. 2008-22.
RECORDED IN BOOK 70 OF PARCEL MAPS, AT PAGES 39
& 40. FRESNO COUNTY RECORDS.
NORTH MAPLE AA" INDICATES RELINQUISHMENT OF DIRECT ACCESS RIGHTS AS
LPER PARCEL MAP NO. 2008-22 TO REMAIN.
PREPARED BY AVENUE
CARY GUWNETTA pp00 INDICATES RELINQUISHMENT OF DIRECT ACCESS RIGHTS PER
1119 'S' STREET PARCEL MAP NO. 2008-22 TO BE VACATED.
FRESNO. CA. 93721
(559) 264-3590 10/24/22
°FF.,,
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February 10, 2023 Council Adoption: 02/09/2023
Mayor Approval:
TO: MAYOR JERRY DYER Mayor Veto:
Override Request:
FROM: FODD STERMER, CMC
City Clerk
SUBJECT: TRANSMITTAL OF COUNCIL ACTION FOR APPROVAL OR VETO
At the City Council meeting of February 9, 2023, Council adopted the attached Resolution
No. 2023-036 'RESOLUTION - Ordering the summary vacation of access right
restrictions on a portion of the northwest corner of East Copper Avenue and North
Maple Avenue (Subject to Mayor's Veto). Item 1-CC-2, File ID 23-280, by the following
vote:
Ayes : Perea, Arias, Maxwell, Chavez, Bredefeld, Esparza
Noes : None
Absent : Karbassi
Abstain : None
Please indicate either your formal approval or veto by completing the following sections
and executing and dating your action. Please file the completed memo with the Clerk's
office on or before February 21, 2023. In computing the ten day period required by
Charter, the first day has been excluded and the tenth day has been included unless the
loth day is a Saturday, Sunday, or holiday, in which case it has also been excluded.
Failure to file this memo with the Clerk's office within the required time limit shall constitute
approval of the ordinance, resolution or action, and it shall take effect without the Mayor's
signed approval.
Pt�r�ClVFrl !! RETURN:
VETOED for the following reasons: (Written objections are required by Charter; attach
additional sheets if necessary.)
4 Date:
Jerry yer, Mayor
COUNCIL OVERRIDE ACTION: Date:
Ayes
Noes
Absent ,J E ei J?J EZOl
Abstain
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