Notice of Pendency of Class Action

If you own or owned residential, single-family real property within the City of Fresno’s Discolored Water Investigation Area anytime between January 1, 2016, and August 2, 2021, a class action lawsuit may affect your rights.

Para una notificación en español, visite www.cptgroupcaseinfo.com/DiscoloredWaterLawsuit

What Is This Lawsuit About?

The Fresno County Superior Court approved this Notice to inform potential Class Members of a consolidated class action lawsuit. The lead class action is Micheli, et al. v. City of Fresno, Fresno County Superior Court Case Number 16CECG02937. The Plaintiffs in the lawsuit allege that the City of Fresno’s water prematurely corroded and destroyed the galvanized iron plumbing in Northeast Fresno area residents’ homes, resulting in their receipt of discolored, “rusty” water. Plaintiffs allege the City of Fresno is responsible for certain economic losses suffered under civil claims of negligence, nuisance, breach of contracts, and breach of implied warranties, including the cost of replumbing Plaintiffs’ and Class Member homes, reimbursement of the cost of discolored, corrosive water, pre/post judgment interest, and attorney’s fees and litigation costs. The Plaintiffs in the class action do not allege personal injury claims or seek damages for personal injury claims, nor do they seek diminution in value damages.

The City denies any liability or wrongdoing of any kind associated with any of the claims alleged by Plaintiffs in the class action lawsuit and maintains that its practices were lawful and permissible under California and Federal laws. The City maintains that the presence of iron in water is an aesthetic issue only under the Safe Drinking Water Act; that it has not violated any numeric standards under the Safe Drinking Water Act; and that the State of California and US EPA have concluded that the City’s corrosion control was optimized during all times at issue.

The class action has been heavily prosecuted and defended by the parties over the past several years. No decision has been made regarding the merits of Plaintiffs’ claims, the City’s liability or wrongdoing, or whether the Plaintiffs and Class Members are entitled to any money at this time. Those issues will be decided at a later time or at trial, which has been scheduled to begin July 25, 2022.

Am I a Class Member?

Exhibit 3 to Second Amended Proposed Order re: Plaintiffs’ Motion to Approve Class Notice Plan – Notice of Class Action (Shortform) (00197620.DOCX;1)

You may be a Class Member if you own or owned residential, single-family real property within the City of Fresno’s Discolored Water investigation area (from E. Copper Avenue to E. Sierra Avenue, and from State Route 41 to N. Willow Avenue), and, anytime between January 1, 2016 and August 2, 2021: (1) had galvanized iron plumbing; (2) received water service from the City of Fresno; (3) reported discolored, “rusty” water at that address to the City of Fresno; and (4) have not released your claims against the City. To obtain more information about the class action and whether you are a Class Member, please visit www.cptgroupcaseinfo.com/DiscoloredWaterLawsuit to review a longer form of this Notice, the complaint and answer, and other key documents and information.

Exhibit 3 to Second Amended Proposed Order re: Plaintiffs’ Motion to Approve Class Notice Plan – Notice of Class Action (Shortform) (00197620.DOCX;1)

What Are My Options?

YOUR LEGAL RIGHTS AND OPTIONS
DO NOTHING

Stay in this lawsuit. Await the outcome. Give up your rights to sue.
If you are a Class Member and you do nothing, you keep the possibility of getting money or benefits that may come from the lawsuit. But, you give up your right to sue the City of Fresno separately about the same legal claims in this lawsuit, and you will be bound by the Court’s decisions and by the final judgment, whether it is favorable or not. You will be represented by the law firms court-appointed to serve as Class Counsel representing the Class Members. However, at your option, you may also enter an appearance through your own lawyer. You may be asked to provide proof of class membership at a later time.

REQUEST TO EXCLUDE YOURSELF FROM THE CLASS BY FEBRUARY 14, 2022.

Get out of this lawsuit. Get no benefits. Keep your right to sue.
Excluding yourself means you have decided not to participate in the lawsuit. This is the only option that allows you to individually exercise any rights you currently may have regarding the claims or potential claims against the City that are at issue in this lawsuit. For more information and to obtain a Request for Exclusion Form, go to www.cptgroupcaseinfo.com/DiscoloredWaterLawsuit.

The deadline to request exclusion is February 14, 2022.

How Can I Obtain More Information?

This notice summarizes the lawsuit. You can view the Long Form Notice, Request for Exclusion Form, and certain other court documents and case information at www.cptgroupcaseinfo.com/DiscoloredWaterLawsuit. Please do not contact the City of Fresno or the Court about this lawsuit.

Notice of Class Action – Spanish

Labor Day Holiday Schedule for City of Fresno Offices

City of Fresno offices will be closed in observance of Labor Day on Monday, September 6, 2021.  Normal operations will resume on Tuesday, September 7th.  Here is the schedule for City of Fresno operations for the holiday:

Airports:  Administrative offices closed; Terminal, concessions, and airlines normal operations otherwise.

Business License:  Office closed.  The Business Tax Web Renewal will be available for TOT (only) and new business tax online application submittals will be available throughout the holiday.

City Clerk’s Office:  Closed.

City Hall Offices:  Closed.

Code Enforcement:  Closed.

Dog License Division:  Closed.

Finance Offices:  Offices closed. 

Fire/Police Departments:  Administrative offices and public counters will be closed.  Normal operations otherwise.

Fresno Area Express:  Sunday bus routes/schedule in effect.  Administrative offices remain closed; call 621-7433 for details.  FAX route maps and schedules are available on the City’s website.

Parking Division:  No enforcement at parking meters and City parking facilities on Labor Day.  Office closed for citation payments.  Online services available at www.fresno.gov/parking.

Parks and Recreation (PARCS):  Administrative offices closed.  Woodward, Regional Sports Complex and Roeding Parks open from 6:00 a.m. to 7:00 p.m.  Holiday parking fee of $7 per car will be collected at Woodward and Roeding parks.  All other parks open from 8:00 a.m. to 7:00 p.m. Reservations for picnic shelters needed; reserve by calling 621-PLAY. Splash Pads open 10 am – 8 pm.  Pools closed for the summer.  

Personnel:  Closed. Online applications accepted at www.fresno.gov/jobs.

Planning and Development:  Office closed.  Permit applications can be submitted, and progress can be monitored, online through our FAASTER portal at any time during the holiday.

Public Utilities:  Offices closed.

Public Works:  Offices closed.

Purchasing:  Office closed; Bid opportunities and updated information are available on the City’s website, under the “For Businesses” tab, then click on bid opportunities.

Rental Housing:  Closed

Residential Solid Waste:  Administrative offices closed.  Normal residential collection schedule; for questions regarding residential solid waste collection, please call the Solid Waste Management Division at (559) 621-1452.

Utility Payments/Business Tax:  Payment counters closed (Fresno City Hall and Manchester Center) remain closed due to COVID-19.  Online and phone transactions available for utility payments.

For urgent matters during the Labor Day holiday, please call 3-1-1 or use our FresGO mobile app.

Fares to be reinstated starting September 1st

Dollar rides throughout the City of Fresno.  For additional details, visit the Fares and Passes webpage.  Fares will go on sale on August 27, 2021.  For details, visit the FAX Fares and Passes webpage or attend one of 15 FAX public outreach events scheduled during August 2021.  Click to see the location of our public outreach events.

Remember to mask up on FAX buses to help keep our passengers and drivers healthy.

FAX to Reinstate Fares September 1, 2021

Beginning September 1, Fresno Area Express will resume collecting bus fares. However, the regular $1.25 fare will be reduced to $1.00 per ride FAX.

In addition, discounted fares are available for seniors, people with disabilities, and Medicare cardholders, with valid ID.

Children 12 and younger ride for free when accompanied by a fare-paying adult (limit of 4 children). Active military and veterans with valid identification also ride for free. 31-day passes and 10 Ride Cards are available at discounted rates.

To learn more about fare changes, you can attend a Live Virtual Workshop on Fresno FAX’s Facebook and YouTube pages on Wednesday, August 25, 2021, at 5 p.m., or come to a FAX pop-up event at one of the following 14 locations:

Friday, August 13, 2021

  • Inspiration Park:  10:30 a.m. to 12 Noon, served by Route 12
  • Riverside – El Paseo: 1-2:30 p.m., served by Routes 3 and 20
  • Brawley – Walmart:  2:30-4 p.m. served by Routes 9, 12, and 20

Monday, August 16, 2021

  • Walnut – California:  2-3:30 p.m., served by Route 38

Tuesday, August 17, 2021

  • Cedar Ventura BRT Station: 9-11 a.m., served by Routes 1 and 38
  • Weldon-Blackstone BRT Station: 2-3:30 p.m., served by Routes 1 and 20

Thursday, August 19, 2021

  • Cedar-Shaw: 12-1:30 p.m., served by Routes 9 and 38

Monday, August 23, 2021

  • Manchester Transit Center: 10 a.m. to 12 noon, served by Routes 1, 28, and 41

Tuesday, August 24, 2021

  • A & B Shelters at Courthouse Park & Van Ness BRT Station: 9-11 a.m., served by Routes 1, 22, 26, 28, 32, and 34
  • El Paso-Blackstone BRT Station: 12:30-2 p.m., served by Routes 1, 26, 32, 38, and 58

Wednesday, August 25, 2021

  • Shaw-Blackstone BRT Station: 10 a.m. – 12 noon, served by Routes 1 and 9
  • Live Virtual Workshop: 5 p.m., Fresno FAX Facebook and YouTube pages

Thursday, August 26, 2021

  • L Shelter at Courthouse Park: 9-11 a.m., served by Routes 22, 26, 32, 34, and 38

Tuesday, August 30, 2021

  • Clovis-Kings Canyon BRT Station: 8:30-10 a.m., served by Routes 1 and 22
  • Chestnut-Kings Canyon BRT Station: 10:30 a.m.-12 noon, served by Routes 1 and 41

Llaves De Tu Casa Iniciativa Launches

As part of Mayor Jerry Dyer’s One Fresno mission to build a more prosperous and inclusive city, the City of Fresno (COF) today announced a comprehensive program to dispel myths about the homeownership process and to increase the ability of Latino families in the City of Fresno and the Greater Fresno County Region to buy their own homes and grow generational wealth.

The Llaves De Tu Casa Iniciativa is a financial education program open to all County of Fresno residents but with a focus on increasing Latino homeownership rates. The partners driving the initiative are NAHREP (National Association of Hispanic Real Estate Professionals) Fresno, the City of Fresno, Federal Home Loan Bank (FHLBank) of San Francisco, Self-Help Enterprises, and Union Bank.

“I am thrilled to welcome the Llaves De Tu Casa Iniciativa to the City of Fresno,” said Deputy Mayor Matthew Grundy, who is heading the Dyer administration’s drive to increase homeownership rates in BIPOC communities. “This initiative will help more Hispanic families to experience homeownership, ultimately leading toward more sustainable housing, investment and the creation of generational wealth. Fresno needs to see more of our Hispanic residents owning homes in the city they call home.”

“Llaves De Tu Casa Iniciativa allows us to educate and advocate for our community,” stated NAHREP Fresno President Mirna Garcia. “Our mission is to enhance the economic empowerment of our members and the community through education, community involvement, and legislative involvement. We are committed to democracy in housing, which increases the opportunity for homeownership.”

The Llaves De Tu Casa Iniciativa program consists of down payment and closing cost assistance, home buyer grants, comprehensive home buyer education and counseling including first-time home buyer workshops and flexible mortgage products and programs for Fresno neighborhoods.

NAHREP Realtors will sponsor homebuyer orientation workshops and online resources to help prospective homebuyers identify potential homes. Union Bank will offer mortgages and grants to buyers in targeted areas. Self-Help Enterprises will also offer technical assistance to help prospective purchasers to access down payment and closing cost assistance. In parallel, FHLBank San Francisco is partnering with its member Union Bank on the WISH Program, designed to provide grants of up to $22,000 for down payment and closing costs to qualified applicants earning up to 80% of AMI (about $55,750 for a family of four).

These programs are needed to increase chronically low rates of home ownership in the Latino community. According to the NAHREP State of Hispanic Homeownership Report in 2020, the nationwide rate of homeownership was 41.8% for Latinos. In the City of Fresno, Latino residents make up 48% of the population but have one of the lowest local home ownership rates at 37% compared to non-Latino counterparts at 66.3%.

Homeownership is the single most powerful strategy for closing the racial and ethnic wealth gap. The income gap between the non-Hispanic and Latino population remains too large; the average non-Hispanic White households has a median household income 29% higher than that of the average Latino household. While Latinos have been closing this gap, pandemic-induced losses are likely to curb income growth. Due to the pandemic, 54% of Hispanic households reported income losses in 2020, 12% more than the national average. Preventing a wave of foreclosures will be critical to maintaining the Hispanic homeownership rate over the next few years.

One of the biggest obstacles for Latino homebuyers is saving money for a down payment. With the support of Union Bank and FHLBank San Francisco and other funders, a total of up to $28,000 could be available to qualified buyers under the Llaves De Tu Casa Iniciativa.

“For lower-income families and individuals, down payment and closing costs are significant barriers to homeownership and the wealth-building opportunity ownership represents,” said Marietta Núñez, Senior Vice President and Community Investment Officer at FHLBank San Francisco. “We are thrilled that our member Union Bank is partnering with NAHREP Fresno to proactively reach out to aspiring homebuyers in the Fresno area who can benefit from a WISH matching grant.”

“Racial disparities in homeownership exacerbate a widening racial wealth gap. Affordable homeownership – and equitable access to it – is a critical component of a vibrant community and healthy economy. Self-Help Enterprises is committed to helping households find success as first time homebuyers and to increase the homeownership rates in the greater Fresno community,” said Tom Collishaw, President& CEO of Self-Help Enterprises.

The first of six virtual homebuying information workshops (with Spanish language support) will take place on Saturday, June 26, 2021, 6 p.m. – 8p.m. PT.

To register for the workshops, visit EventBrite:

https://www.eventbrite.com/e/llaves-de-tu-casa-city-of-fresno-tickets-158513432945

For more information, visit NAHREP on Facebook: https://www.facebook.com/nahrepfresno/

Contacts:

NAHREP Fresno President Mirna Garcia

[email protected]

(559) 429-5478

NAHREP Fresno Vice President Aldiva Rubalcava

(559) 214-0070

Memorial Day Holiday Schedule for City of Fresno Offices

City of Fresno offices will be closed in observance of Memorial Day on Monday, May 31, 2021.  Normal operations will resume on Tuesday, June 1st.  Here is the schedule for City of Fresno operations for the holiday:

Airports:  Administrative offices closed; Terminal, concessions, and airlines normal operations otherwise.

Business License:  Office closed.  The Business Tax Web Renewal will be available for TOT (only) and new business tax online application submittals will be available throughout the holiday.

City Clerk’s Office:  Closed.

City Hall Offices:  Closed.

Code Enforcement:  Closed.

Dog License Division:  Closed.

Finance Offices:  Offices closed. 

Fire/Police Departments:  Administrative offices and public counters will be closed.  Normal operations otherwise.

Fresno Area Express:  Sunday bus routes/schedule in effect.  Administrative offices remain closed; call 621-7433 for details.  FAX route maps and schedules are available on the City’s website.

Parking Division:  No enforcement at parking meters and City parking facilities on Memorial Day.  Office closed for citation payments.  Online services available at www.fresno.gov/parking.

Parks and Recreation (PARCS):  Administrative offices closed.  Woodward and Roeding Parks will be open from 6:00 a.m. to 7:00 p.m.  Holiday parking fee of $7 per car will be collected.  All other parks will be open from 8:00 a.m. to 6:00 p.m.  Picnic shelters, recreation centers, and the Regional Sports Complex remain closed due to COVID-19.

Personnel:  Closed. Online applications accepted at www.fresno.gov/jobs.

Planning and Development:  Office closed.  Permit applications can be submitted, and progress can be monitored, online through our FAASTER portal at any time during the holiday.

Public Utilities:  Offices closed.

Public Works:  Offices closed.

Purchasing:  Office closed; Bid opportunities and updated information are available on the City’s website, under the “For Businesses” tab, then click on bid opportunities.

Rental Housing:  Closed

Residential Solid Waste:  Administrative offices closed.  Normal residential collection schedule; for questions regarding residential solid waste collection, please call the Solid Waste Management Division at (559) 621-1452.

Utility Payments/Business Tax:  Payment counters closed (Fresno City Hall and Manchester Center) remain closed due to COVID-19.  Online and phone transactions available for utility payments.

For urgent matters during the Memorial Day holiday, please call 3-1-1 or use our FresGO mobile app.