Thursday, March 10, 2022
9:00 AM
City of Fresno
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
In Person And/Or Electronic
City Council
President - Nelson Esparza
Vice President - Tyler Maxwell
Councilmembers:
Esmeralda Z. Soria, Mike Karbassi, Miguel Angel Arias, Luis Chavez, Garry Bredefeld
City Manager - Georgeanne A. White
City Attorney - Douglas T. Sloan
City Clerk - Todd Stermer, CMC
Meeting Agenda - Final
Regular Meeting
March 10, 2022City Council Meeting Agenda - Final
PUBLIC ADVISORY:
THE FRESNO CITY COUNCIL WELCOMES YOU TO CITY COUNCIL CHAMBERS, LOCATED IN CITY HALL, 2ND FLOOR, 2600 FRESNO STREET, FRESNO, CALIFORNIA 93721.
You can also participate in the meeting on our City’s website click on the URL https://fresno.legistar.com/Calendar.aspx and click on the “In progress” link under “video” for the corresponding meeting. The Council meeting can also be viewed live at 9:00 A.M. on Comcast Channel 96 and AT&T Channel 99.
The City Council Chambers are open for public participation. However, members of the public are encouraged to participate electronically because of reduced capacity of seating in the Chambers to allow for social distancing, and masks will be required for the vaccinated and unvaccinated.
PUBLIC COMMENT: The following options are available for members of the public who want to address City Council:
1. eComment at https://fresno.legistar.com/Calendar.aspx. a) eComments is a tool for citizens to use to make comments on agenda items. It will be open during the Council meeting and closed at the end of the meeting and will be a part of the official record. The User Agreement and Procedures document for eComment can be accessed by the URL https://www.fresno.gov/cityclerk/ b) eComments will be a maximum of 450 words.
OR
2. You are invited to a Zoom webinar.
When: March 10, 2022 9:00 AM Pacific Time (US and Canada) Topic: March 10, 2022 Regular Meeting
a) Register in advance for this webinar:
https://zoom.us/webinar/register/WN_U7bT8f2_QmGtYcbsyQ6O2w After registering, you will receive a confirmation email containing information about joining the webinar.
b) If you do not wish for your name to appear on the screen, then use the drop down menu and click on “rename” to rename yourself.
c) If you wish to address Council during the public comment portion of the agenda,
March 10, 2022City Council Meeting Agenda - Final
click on the icon labeled “Participants” at the bottom center of your PC or Mac screen. At the bottom of the window on the right side of the screen, click the icon labeled “RaiseHand”. Your digital hand will now be raised. d) Those addressing Council must state their name for the record. e) To facilitate electronic access, no person shall speak until recognized by the Presiding Officer.
OR
3. Email: to [email protected]
a) Residents may also email comments to be read during the meeting. Please include the agenda date and item number you wish to speak on in the subject line of your email.
b) Emails will be a maximum of 450 words.
c) All comments received will be distributed to Council prior and during the meeting and will be a part of the official record.
Pursuant to Rule 11 (c) of the Rules of Procedure for the City Council of the City of Fresno, no documents shall be accepted for Council review unless submitted to the City Clerk at least 24 hours prior to the Council Agenda item be heard.
All participants will be on mute until they are called upon at which point they will be unmuted. To prevent participants from having their video on, we will remove the option to show their video.
The City of Fresno ’s goal is to comply with the Americans with Disabilities Act, If you need additional accommodations such as interpreters, sign language signers, or the services of a translator, please contact the office of the City Clerk at (559) 621-7650 or [email protected]. To ensure availability, you are advised to make your request at least three business days prior to the meeting.
The City of Fresno thanks you in advance for taking all precautions to prevent spreading COVID19 virus.
March 10, 2022City Council Meeting Agenda - Final
9:0 A.M. ROLL CALL
Invocation by The Very Reverend Samuel Colley-Toothaker from St. James Episcopal Cathedral
Pledge of Allegiance to the Flag
APPROVE AGENDA
CEREMONIAL PRESENTATIONS
Proclamation for “International Sikh Women’s Day (March 7)”ID 22-241 Sponsors: Councilmember Soria
Proclamation Honoring Justin Garza Traditional Competition Cheer Team “Universal Cheerleaders Association National High School Cheerleading Championship”
ID 22-242
Sponsors: Councilmember Soria
COUNCILMEMBER REPORTS AND COMMENTS
MAYOR/MANAGER REPORTS AND COMMENTS
UNSCHEDULED COMMUNICATION
PLEASE NOTE: UNSCHEDULED COMMUNICATION IS NOT SCHEDULED FOR A
SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING The attached public comments were submitted for the March 10, 2022 Regular City Council meeting and were not directly related to any specific item(s) on the published agenda.
ID 22-471
1. CONSENT CALENDAR
Approval of the Minutes of the February 10, 2022 Regular City Council Meeting, the two February 16, 2022 Special City Council Meetings, the February 17, 2022 Special City
Council Meeting, and the February 17, 2022 Regular City Council Meeting.
ID 22-3061.-A.
Sponsors: Office of the City Clerk
Actions related to Amendment No. 14 to the Engineering and ID 22-631.-B.
March 10, 2022City Council Meeting Agenda - Final
Related Environmental Support Services Agreement with
ERM-West, Inc.:
1. Affirm the City Manager’s determination that ERM-West, Inc., is uniquely qualified to perform environmental and remedial services at Fresno Yosemite International Airport
2. Approve Amendment No. 14 to the Agreement between
City of Fresno and ERM-West, Inc., to provide ongoing
engineering, environmental and remedial actions concerning groundwater contamination at Fresno Yosemite International Airport for an amount not to exceed $361,014, for a total contract amount of $4,674,925 (Council District 4)
Sponsors: Airports Department
Actions pertaining to entering into contracts for the demolition of dangerous structures:
1. Adopt a finding of a Statutory Exemption, per staff
determination pursuant to Section 15269(c) of the CEQA
Guidelines as this contract is for specific actions necessary to prevent or mitigate an emergency.
2. RESOLUTION - Declaring an urgent necessity for the
preservation of life, health, and property and authorizing the City Attorney or designee to enter into and administer
contracts for the demolition of dangerous structures, and the removal of hazardous materials. (Requires 5 votes)
3. Approve a requirements contract with David Knott Incorporated (DKI) for demolition services for a term of up to six months, with an amount not to exceed $300,000.
4. Approve a requirements contract with JSA Inspections (JSA) for consultant and testing services for hazardous materials (i.e., lead and asbestos) for a term of up to six months, with an amount not to exceed $100,000, and uphold the City Manager’s determination that exigent circumstances exist to award without a RFP/RFQ process.
5. Approve a requirements contract with Centec
Construction (Centec) for the removal of hazardous materials from the demolition site, for a term of up to six months, with an amount not to exceed $250,000.
6. Approve authority for the City Attorney to sign the contracts.
ID 22-4151.-C.
March 10, 2022City Council Meeting Agenda - Final
Sponsors: City Attorney's Office
Actions pertaining to a FY2019 five-year Requirements
Contract awarded to Vincent Communications, of Fresno, for the purchase of radio equipment for Police Department
vehicles:
1. Approve a one-time increase of $170,346 to the
Requirements Contract with Vincent Communications, Inc., of Fresno California, for a one-year total amount of $347,403.
This one-time increase is required due to the additional police vehicles approved for purchase utilizing American Rescue Plan Act funds. The FY2019 contract authorizes the purchase of a maximum of 70 units annually, whereas 121 units are needed in FY2022.
2. Approve the purchase of 121 Kenwood radio sets for
Police Department vehicles in the amount of $347,403 (Bid File 9477).
ID 22-3401.-D.
Sponsors: Department of Transportation
***BILL No. 3 (Intro. 2/17/2022) (For Adoption) - Amending Chapter 6, Article 2 of the Fresno Municipal Code, relating to waste collection and disposal (Subject to Mayor’s Veto).
ID 22-3651.-E.
Sponsors: Department of Public Utilities
Approve the Requirements Contract with Core & Main LP to supply tapping sleeves and tapping gate valves for an annual amount of $204,378.83 for one year, with the option of two one-year extensions (Bid File 9634)(Citywide).
ID 22-3601.-F.
Sponsors: Department of Public Utilities
Award a consultant services agreement to SEAM Group, LLC in the amount not to exceed $237,200, inclusive of a $20,000 contingency, for providing an Occupational Safety and Health Administration compliant lockout-tagout program for
equipment at the Fresno-Clovis Regional Wastewater
Reclamation Facility (Council District 3).
ID 22-3611.-G.
Sponsors: Department of Public Utilities
March 10, 2022City Council Meeting Agenda - Final
Reject the sole bid received for sewer main Access Structure Rehabilitation in Jensen Avenue from Fruit Avenue to Cherry Avenue (Bid File 3804) (Council District 3).
ID 22-3631.-H.
Sponsors: Department of Public Utilities
Actions pertaining to the replacement of pump and motor controllers in the Dewatering and Headworks Buildings at the Fresno-Clovis Regional Wastewater Reclamation Facility (Bid File 9602) (District 3):
1. Adopt a finding of Categorical Exemption pursuant to Section15301/Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines.
2. Award a construction contract to Telstar Instruments, in the amount of $579,142.00.
ID 22-3851.-I.
Sponsors: Department of Public Utilities
***RESOLUTION - Authorizing the Department of Public
Utilities to apply for and participate in the California Water and Wastewater Arrearage Payment Program for wastewater arrearages funding (Subject to Mayor’s Veto).
ID 22-3621.-J.
Sponsors: Department of Public Utilities
***RESOLUTION: Adopt the 50th amendment to the Annual
Appropriation Resolution (AAR) No. 2021-178 to appropriate $500,000 for the new established Computer Replacement
Fund in the Information Services Department. (Citywide) (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto).
ID 22-3741.-K.
Sponsors: Information Services Department
Approve the appointment of Jerry Zuniga to the Mobile Home Rent Review Stabilization Commission. Approve the
appointment of Terry Metters and reappointments of Scott Miller and Edgar Blunt to the Fresno Regional Workforce Development Board. Approve the reappointment of Peggy
Brisendine to the Consolidated Mosquito Abatement District.
ID 22-4031.-L.
Sponsors: Office of Mayor & City Manager
March 10, 2022City Council Meeting Agenda - Final
Approve a First Amendment to the Disposition and
Development Agreement between Metro Hospitality Services, Inc., and City of Fresno to update the project’s construction schedule for the Downtown Fresno Marriott Courtyard Hotel located at the northeast corner of Inyo and M Street (District 3)
ID 22-4131.-M.
Sponsors: Office of Mayor & City Manager
***RESOLUTION - Adopting the 48th Amendment to the
Annual Appropriation Resolution (AAR) No. 2021-178 to
appropriate $1,995,000 for two park developments;
$1,265,000 for the Milburn and Dakota New Park Project
(Council District 1) and $730,000 for the Radio Park
Renovation Project (Council District 7) (Requires 5
Affirmative Votes) (Subject to Mayor’s Veto).
ID 22-3841.-N.
Sponsors: Parks, After School and Recreation and Community Services Department
Actions pertaining to construction of 78 affordable multifamily apartments at 1538 E. Clinton Avenue in Central Fresno
(District 7):
1. Adopt a finding of Categorical Exemption pursuant to Section 15332/Class 32 of the California Environmental
Quality Act (CEQA) Guidelines
2. Approve an Owner Participation Agreement with 1538 E.
Clinton Ave., L.P. for the construction of 78 units of affordable multi-family apartments
ID 22-3831.-O.
Sponsors: Planning and Development Department
Award a Requirements Contract for Sexual Assault Kit
Initiative Grant 2020 “Testing of Partially Tested Kits” in an amount not to exceed $203,700 for three years with no
extension options to Bode Cellmark Forensics, Bid File No. 9616.
ID 22-3731.-P.
Sponsors: Police Department
March 10, 2022City Council Meeting Agenda - Final
Actions pertaining to the 2021 Off-Highway Vehicle (OHV) Grant Program:
1. Authorize the Chief of Police to accept $31,844 in grant funding for the 2021 Off-Highway Vehicle grant program
awarded to the Fresno Police Department from the State of California Department of Parks and Recreation;
2. Authorize the Chief of Police to execute the agreement and all related documents applicable to the 2021 OHV grant including amendments and extensions; and
3. ***RESOLUTION - Adopt a Resolution authorizing
approval of $31,844 in grant funding from the State of
California Department of Parks and Recreation for the Fresno Police Department’s 2021 Off-Highway Vehicle grant (Subject to Mayor’s Veto)
ID 22-3861.-Q.
Sponsors: Police Department
Approve a Purchase and Sale Agreement for a 3,032 square foot Permanent Easement and a 10,815 square foot
Irrevocable Offer to Dedicate, from a portion of 3945 N. Polk Avenue (APN: 511-011-08), owned by Robert A. Knight and Pamela M. Knight to facilitate the Installation of the North Polk Avenue and West Ashlan Avenue Traffic Signal and the widening of North Polk Avenue and West Ashlan Avenue for $335,000 in compensation (Council District 1).
ID 22-3251.-R.
Sponsors: Public Works Department
Approve Second Amendment to Agreement with Jeff Katz
Architecture adding $50,700 for a total of $559,700 for the Fire Station No. 18 project (Council District 1).
ID 22-3411.-S.
Sponsors: Public Works Department and Fire Department
Approve a relinquishment agreement with the California
Department of Transportation for a portion of the old State Route 41 Bridge at the San Joaquin River. (Council District 6) ID 22-051.-T.
Sponsors: Public Works Department
March 10, 2022City Council Meeting Agenda - Final
Actions pertaining to the Sierra Avenue and West Avenue Traffic Signal Improvements Project- Bid File 3837 (Council District 2):
1. Adopt a finding of Categorical Exemption per staff
determination pursuant to Section 15301/Class 1 of the
California Environmental Quality Act (CEQA) Guidelines
2. Award a construction contract in the amount of $597,777 to Alfaro Communications Construction, Inc. of Compton, California
ID 22-3811.-U.
Sponsors: Public Works Department
Actions pertaining to the Hughes Avenue and Shields Avenue Traffic Signal Improvements Project - Bid File 3840 (Council District 1):
1. Adopt a finding of Categorical Exemption per staff
determination pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines
2. Award a construction contract in the amount of
$799,731.50 to American Paving Co. of Fresno, California ID 22-3761.-V.
Sponsors: Public Works Department
***RESOLUTION - Authorizing Submission of a Grant
Application to the United States Economic Development
Administration (EDA) American Rescue Plan Act Build Back Better Regional Challenge for the Opportunity Walkway; and Authorizing the Execution of Grant Application and Grant Agreement Documents by the Public Works Director or
Designee (Council District 3) (Subject to Mayor’s Veto).
ID 22-3241.-W.
Sponsors: Public Works Department
Actions pertaining to Resolution of Intention Number 1146-D to vacate the most northerly corner cut-off of M Street and Inyo Street (Council District 3):
1. Adopt a finding of Categorical Exemption per
Environmental Assessment Number P21-04415 per staff
determination, pursuant to Section 15301/Class 1 of the California Environmental Quality Act (CEQA) Guidelines
2. RESOLUTION - Adopt the attached Resolution of
Intention Number 1146-D to vacate the most northerly corner ID 22-4021.-X.
March 10, 2022City Council Meeting Agenda - Final
cut-off of M street and Inyo Street
Sponsors: Public Works Department
Approve the appointments of Ken Elvington, Wyatt Meadows, and reappointments of Alysia Bonner, Delfino Neira, Sherry Neil, Chuck Riojas, Lenora Lacy Barnes, and Raine Bumatay as Joint City/County members to the Fresno Regional
Workforce Development Board (FRWDB).
ID 22-4211.-Y.
Sponsors: Councilmember Bredefeld
BILL (for introduction) - Amending Section 12-4.1603 of the Fresno Municipal Code, relating to fee waiver program for certain residential infill projects.
ID 22-4101.-Z.
Sponsors: Councilmember Arias
***RESOLUTION - Regarding nondisclosure agreements
(Subject to Mayor’s Veto).
ID 22-4201.
-AA.
Sponsors: Councilmember Arias
RESOLUTION- Directing staff to prepare an agreement
between the City of Fresno and San Joaquin Air Pollution Control District regarding notification and processing
procedures for applications within the South Central Fresno Community as defined in the Central South Fresno CERP
pursuant to AB 617
ID 22-4231.
-BB.
Sponsors: Councilmember Arias
***RESOLUTION - Prioritizing certain infrastructure General Fund and ARPA Funded Projects (Subject to Mayor’s Veto).
ID 22-4161.
-CC.
Sponsors: Council President Esparza
***RESOLUTION - Confirming emergency conditions
continue to directly impact the ability of legislative bodies to meet safely in person, and authorizing remote teleconference meetings of City legislative bodies for 30 days, pursuant to Brown Act provisions (Subject to Mayor’s Veto).
ID 22-3891.
-DD.
Sponsors: Council President Esparza
March 10, 2022City Council Meeting Agenda - Final
CONTESTED CONSENT CALENDAR
2. SCHEDULED COUNCIL HEARINGS AND MATTERS
10:05 A.M.
HEARING to consider the vacation of a portion of East
Kaviland Avenue at South Rose Avenue (Council District 3):
1. ***RESOLUTION - Ordering the vacation of a portion of East Kaviland Avenue at South Rose Avenue (Subject to
Mayor’s Veto)
ID 22-232
Sponsors: Public Works Department
3. GENERAL ADMINISTRATION
Progress of Code Enforcement, including ASET Quarterly
report.
ID 22-4123.-A.
Sponsors: City Attorney's Office
4. CITY COUNCIL
5. CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL-EXISTING
LITIGATION Government Code Section 54956.9, subdivision (d)(1)
CMG Construction Management, Inc. v. City of Fresno, et al., Fresno Superior Court Case No. 22CECG00271
ID 22-3995.-A.
Sponsors: City Attorney's Office
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Government Code Section 54956.8
Property: UMC Campus; Negotiating Parties: City Manager, County of Fresno; Under Negotiations: Price and terms of sale.
ID 22-4005.-B.
Sponsors: City Attorney's Office
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Government Code Section 54956.8
Property: APN 468-400-54T
Negotiating Parties: City Manager White, Prosperous Terra, ID 22-3355.-C.
March 10, 2022City Council Meeting Agenda - Final
LLC. (Ruelas, Inc.)
Under Negotiation: Price and terms of sale.
Sponsors: Councilmember Arias
CONFERENCE WITH LEGAL COUNSEL - PUBLIC
SECURITY - Government Code Section 54957(a)
Matters posing a threat to the security of public buildings, the security of essential public services, and to the public’s right of access to public services and public facilities, and related actions pertaining to the Declaration by Governor Newsom of a State of Emergency to Help State Prepare for Broader
Spread of COVID-19, and related local concerns.
ID 22-4115.-D.
Sponsors: Office of Mayor & City Manager
CONFERENCE WITH LEGAL COUNSEL - PUBLIC
SECURITY - Government Code Section 54957(a): Discuss
security of City Hall.
ID 22-4185.-E.
Sponsors: Office of Mayor & City Manager
CONFERENCE WITH LABOR NEGOTIATORS -
Government Code Section 54957.6
City Negotiators: TJ Miller
Employee Organizations: 1. International Union of Operating Engineers, Stationary Engineers, Local 39 (Local 39); 2.
Fresno City Employees Association (FCEA); 3. Fresno Police Officers Association (FPOA Basic); 4. International
Association of Firefighters, Local 753, Unit 5 (Fire Basic); 5.
Amalgamated Transit Union, Local 1027 (ATU); 6.
International Brotherhood of Electrical Workers, Local 100 (IBEW); 7. Fresno Police Officers Association (FPOA
Management); 8. International Association of Firefighters, Local 753, Unit 10 (Fire Management); 9. City of Fresno Professional Employees Association (CFPEA); 10. City of Fresno Management Employees Association (CFMEA); 11.
Operating Engineers, Local Union No. 3, Fresno Airport
Public Safety Supervisors (FAPSS); 12. Operating
Engineers, Local Union No. 3, Fresno Airport Public Safety Officers (FAPSO)
ID 22-3695.-F.
Sponsors: Personnel Services Department
March 10, 2022City Council Meeting Agenda - Final
ADJOURNMENT
Adjourning in the Memory of Major Nhia Long Vang
UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS
March 24, 2022
10:00 A.M. - HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding CITY OF FRESNO COMMUNITY FACILITIES DISTRICT NO. 11, Annexation No. 131 (Final Tract Map No. 6187) (northeast corner of East Annadale Avenue and South Ivy Avenue) (Council District 3).
April 21, 2022
10:00 A.M. - HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding CITY OF FRESNO COMMUNITY FACILITIES DISTRICT NO. 9, Annexation No. 55 (the Territory Known as Assessor’s Parcel Number 330-021-40 (Parcel H of Parcel Map 96-22), Northpointe HAWK Traffic Signal) (South Northpointe Drive south of East Fortune Avenue) (Council District 3)
May 26, 2022
10:00 A.M. - Proposed vacation of a portion of the North Glenn Avenue - North Blackstone Avenue Alley, Between East Simpson Avenue and East Cornell Avenue.
UPCOMING EMPLOYEE CEREMONIES
April, 20, 2022 (Wednesday) - Employee of the Spring Quarter July 20, 2022 (Wednesday) - Employee of the Summer Quarter October 19, 2022 (Wednesday) - Employee of the Fall Quarter April 27, 2022 - Employee Service Awards
November 16, 2022 -Employee Service Awards
2022 CITY COUNCIL MEETING SCHEDULE
MARCH 17, 2022 - NO MEETING
March 10, 2022City Council Meeting Agenda - Final
MARCH 24, 2022 - 9:00 A.M.
MARCH 31, 2022 - NO MEETING
APRIL 7, 2022 - NO MEETING
APRIL 14, 2022 - NO MEETING
APRIL 21, 2022 - 9:00 A.M.
APRIL 28, 2022 - 9:00 A.M.
MAY 5, 2022 - NO MEETING
MAY 12, 2022 - 9:00 A.M.
MAY 19, 2022 - NO MEETING
MAY 26, 2022 - 9:00 A.M.
JUNE 2, 2022 - NO MEETING
JUNE 9, 2022 - 9:00 A.M.
JUNE 16, 2022 - 9:00 A.M.
JUNE 23, 2022 - 9:00 A.M.
JUNE 30, 2022 - 9:00 A.M. (Budget Hearings: June 13, 14, 15, 16) JULY 7, 2022 - NO MEETING
JULY 14, 2022 - NO MEETING
JULY 21, 2022 - 9:00 A.M.
JULY 28, 2022 - NO MEETING
AUGUST 4, 2022 - NO MEETING
AUGUST 11, 2022 - 9:00 A.M.
AUGUST 18, 2022 - 9:00 A.M.
AUGUST 25, 2022 - NO MEETING
SEPTEMBER 1, 2022 - 9:00 A.M.
SEPTEMBER 8, 2022 - NO MEETING
SEPTEMBER 15, 2022 - 9:00 A.M.
SEPTEMBER 22, 2022 - NO MEETING
SEPTEMBER 29, 2022 - 9:00 A.M.
OCTOBER 6, 2022 - NO MEETING
OCTOBER 13, 2022 - 9:00 A.M.
March 10, 2022City Council Meeting Agenda - Final
OCTOBER 20, 2022 9:00 A.M.
OCTOBER 27, 2022 - NO MEETING
NOVEMBER 3, 2022 - 9:00 A.M.
NOVEMBER 10, 2022 - NO MEETING
NOVEMBER 17, 2022 - 9:00 A.M.
NOVEMBER 24, 2022 - NO MEETING
DECEMBER 1, 2022 - 9:00 A.M.
DECEMBER 8, 2022 - NO MEETING
DECEMBER 15, 2022 - 9:00 A.M.
DECEMBER 22 - NO MEETING
DECEMBER 29, 2022 - NO MEETING