Thursday, February 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 Minutes
Regular Meeting
February 10, 2022City Council Meeting Minutes
The City Council for the City of Fresno convened in regular session on February 10, 2022 at 9:00 A.M.
9:15 A.M. ROLL CALL
Council President Nelson Esparza
Vice President Tyler Maxwell
Councilmember Esmeralda Z. Soria
Councilmember Mike Karbassi
Councilmember Miguel Angel Arias
Councilmember Luis Chavez
Councilmember Garry Bredefeld
Present: 7 -
Invocation by Reverend Ana Maria Ten Bears Lopez from New Thought Community Pledge of Allegiance to the Flag
APPROVE AGENDA
City Clerk Stermer announced the following changes to the agenda:
Councilmember Arias was added as a co-sponsor to the Black Histroy Month proclamation (ID 22-291).
The following items were removed from the agenda:
1-D (ID 22-114) regarding approve an increase to the requirements contract with Air Liquide U.S. LP, doing business as Alliance Gas Products, for bulk liquid oxygen -moved to February 17, 2022, by City Manager's Office. 1-K (ID 22-234) regarding Resolution of Intention Number 1146-D to vacate the most northerly corner cut-off of M Street and Inyo Street - removed from the agenda by Councilmember Arias with no specified return date. 1-O (ID 22-246) regarding resolution to pursue the formation of a Veterans Memorial District in the City of Fresno - moved to February 17, 2022, agenda by Councilmember Chavez.
The following items were moved from the Consent Calendar to the Contested Consent Calendar for further discussion:
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1-C (ID 22-247) regarding amending administrative abatement, FMC section 10-616, to clarify limits on access to restricted areas where abatements are taking place - moved to Contested Consent by Councilmember Arias. 1-G (ID 22-231) regarding resolution authorizing the Director or Designee of the Office of Neighborhood Safety and Community Engagement Division (ONSCE) within Parks, After School, Recreation and Community Services (PARCS) to submit a grant application totaling up to $2,200,000 to the California Violence Intervention and Prevention Program - moved to Contested Consent by Vice President Maxwell.
1-H (ID 22-171) regarding resolution to adopt the 5th amendment to Position Authorization Resolution (PAR), adding one hundred seven (107) full-time and two (2) permanent part-time positions Citywide - moved to Contested Consent by Vice President Maxwell.
AGENDA APPROVED AS AMENDED
On motion of Councilmember Karbassi, seconded by Vice President Maxwell, the agenda was approved as amended. The motion carried by the following vote:
Aye: Esparza, Maxwell, Soria, Karbassi, Arias, Chavez and Bredefeld
7 -
CEREMONIAL PRESENTATIONS
ID 22-240 Proclamation Honoring Central High Varsity Competition Cheer “NCA National Champions”
PRESENTED
ID 22-165 Proclamation for “World Day of Remembrance for Road Traffic Victims”
PRESENTED
ID 22-291 Proclamation for “Black History Month”
PRESENTED
ID 22-294 Announcement of Winter Employee of the Quarter (EOQ) Recipients City of Fresno ***Subject to Mayoral Veto Page 3
February 10, 2022City Council Meeting Minutes
PRESENTED
COUNCILMEMBER REPORTS AND COMMENTS
Councilmember Soria discussed: the Winter Employee of the Quarter; cleanup of the Ashland and West area; the cleanup at Palm and McKinley; and the 24th Annual Mardi Gras parade in the Tower District.
Councilmember Karbassi discussed: trash on the Herndon median; his fathers 80th birthday; and the birthday of Council Assistant Andrew Kloose.
Councilmember Arias discussed: speed humps in Tower District and West Fresno; community participation for the South Tower Park development and redesign; the town hall meeting with the un-housed population at Motel Drive; barriers to affordable housing; potential impacts of proposed tax increases upon a population that could not afford them; and attendance at the League of Cities.
Councilmember Chavez discussed: the cleanup of Butler Park; the Mayor's Don’t be a Litterhead initiative; and the cleanup of southeast neighborhoods and streets.
Councilmember Bredefeld discussed: dump trucks littering on the freeways with fly away trash; safer roads off Herndon; congratulated Legal Eagles Mock Trial team; and the impacts of tax increases upon people that can not afford them.
Vice President Maxwell discussed: Beautify Fresno community event at Duncan Polytechnical High School; his tour of the future community center at Bulldog and Sixth streets near El Dorado Park; and a community meeting regarding the Fresno Rescue Mission's City Center which will support the un-housed in Fresno.
Council President Esparza discussed the Fresno Rescues Mission's City Center and the Mid-Town Trail groundbreaking.
MAYOR/MANAGER REPORTS AND COMMENTS
Mayor Dyer discussed: Beauty Fresno events at Kirk Elementary; Duncan City of Fresno ***Subject to Mayoral Veto Page 4
February 10, 2022City Council Meeting Minutes
Polytechnical High school; Francher Creek and San Joaquin Memorial. He also discussed the cleanup of the San Benito and H street area and the Ashland and West area. The cleanups included providing resources to the un-housed people at those locations.
City Manager White congratulated recipients of Winter Employee of the Quarter. She reported Council received memos from the administration regarding Transform Fresno, Community Based Organization applications for ARPA funds and the status of bus stops in the city.
UNSCHEDULED COMMUNICATION
Upon call, the following members of the public addressed Council: Lisa Flores, Brandi Nuse-Villegas, Ruben Espinoza, Karla Martinez and Dennis Balakian.
1. CONSENT CALENDAR
Upon call, the following members of the public addressed Council and spoke in opposition of item 1-C: Brunette Harris; Philip; Janine Nkosi; Ed Howard; Ruben Espinoza; Ashley Tippen; Breighanne Rendon; Cindy Pambino; Grecia Elenes; Brandi Nuse-Villegas; Barbara Fiske; Dez Martinez; Marisa Moraza; Josefa Vega; Raygan Baber; Raine Chamberlin; Alexandra Alverado; D’Aungillique Jackson; Robert McKlosey; Pedro Navarro-Cruz; Imelda Cruz; Clare Serrate; Sherrie Phillips; Fernando Elizondo; Lisa Flores; Lethal Garcia; Glenda Jackson; Jessica Ramirez; Audra Hewlett; and Pandora Lerma.
APPROVAL OF THE CONSENT CALENDAR
On motion of Councilmember Arias, seconded by Councilmember Chavez, the CONSENT CALENDAR was adopted by the following vote:
Aye: Esparza, Maxwell, Soria, Karbassi, Arias, Chavez and Bredefeld
7 -
1.-A. ID 22-260 Approval of the minutes of the January 27, 2022 Special City Council Meeting and the January 27, 2022 Regular City Council Meeting.
APPROVED ON CONSENT CALENDAR
1.-B. ID 22-224 Approve a one -year cooperative purchase agreement with DLT Solutions using a Maricopa County, AZ contract with DLT Solutions through OMNIA City of Fresno ***Subject to Mayoral Veto Page 5
February 10, 2022City Council Meeting Minutes
Partners in the amount of $ 348,762.83 for support services for Oracle databases
APPROVED ON CONSENT CALENDAR
1.-D. ID 22-114 Approve an increase to the Requirements Contract with Air Liquide U .S.
LP, doing business as Alliance Gas Products, for Bulk Liquid Oxygen to an annual amount of $ 275,000, and extend the contract for an additional two years (Bid File 9452) (Citywide).
The above item was removed from the agenda and continued to February 17, 2022.
CONTINUED
1.-E. ID 22-235 Actions pertaining to a requirements contract to Rehabilitate Reclamation Wells at the Fresno -Clovis Regional Wastewater Reclamation Facility (Bid File 9630) (Districts 3):
1. Adopt a finding of Categorical Exemption pursuant to Section 15301/Class 1 (Existing Facilities) of the California Environmental Quality Act Guidelines for the rehabilitation of reclamation wells at the Fresno-Clovis Regional Wastewater Reclamation Facility.
2. Award a requirements contract to Zim Industries, Inc ., for a term of one year in the amount not to exceed $493,080 per year, with provisions for up to two one-year extensions.
APPROVED ON CONSENT CALENDAR
1.-F. ID 22-131 ***RESOLUTION - Supporting FCTC Family, LP’s submission of a Low-Income Housing Tax Credit application for the construction of affordable housing at 200 N. Salma and expressing the City’s intent to contribute to the Project in an amount not to exceed $6,180,000 upon full award of tax credit funding for the Project. (Subject to Mayor’s Veto) RESOLUTION 2022-028 ADOPTED
APPROVED ON CONSENT CALENDAR
1.-I. ID 22-229 ***RESOLUTION - Adopt the 13th Amendment to FY 2022 Salary Resolution No. 2021-176, amending Exhibit 4, Unit 4 - Non-Management Police (FPOA); Exhibit 5, Unit 5 - Fire Non -Management (IAFF); Exhibit 8, Unit 8, Non -Represented; Exhibit 9, Unit 9 - Police Management; Exhibit 10, Unit 10 - Fire Management; and Exhibit 16 - Benchmarked Deleted Job Classifications or Deleted Pay Step, Since 1/28/16 (Subject to Mayor’s Veto).
RESOLUTION 2022-030 ADOPTED
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APPROVED ON CONSENT CALENDAR
1.-J. ID 22-201 Reject all bids for Ready Mix Concrete material requirements contract (Bid File 9619)
APPROVED ON CONSENT CALENDAR
1.-K. ID 22-234 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 P 21-04415 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 cut -off of M street and Inyo Street
The above item was removed from the agenda and table with no return date.
TABLED
1.-L. ID 22-238 Actions pertaining to Resolution of Intention Number 1147-D to vacate a portion of East Kaviland Avenue at South Rose Avenue (Council District 3):
1. Adopt a finding of Categorical Exemption per Environmental Assessment Number P 21-00192 per staff determination, pursuant to Section 15332/Class 32 of the California Environmental Quality Act (CEQA) Guidelines
2. RESOLUTION - Adopt the attached Resolution of Intention Number 1147-D to vacate a portion of East Kaviland Avenue at South Rose Avenue
APPROVED ON CONSENT CALENDAR
1.-M. ID 22-218 Actions pertaining to the PARCS and Public Safety facilities energy efficiency savings and sustainability capital improvement projects (Citywide):
1. Adopt findings of Categorical Exemptions pursuant to Sections 15301(c), 15301(d), and 15301(e) of the California Environmental Quality Action Guidelines
2. Award a Design Build contract to Alliance Building Solutions, Inc . (ABS), for $17,947,480, for an Energy Efficiency Program and equipment, including but not limited to LED efficient lighting, HVAC upgrades and replacements, system controls and monitoring, and transformer upgrades for implementation of energy and
sustainability services
3. Authorize the City Manager or designee to enter into an On -Bill Financing (OBF) 0% loan agreement with Pacific Gas and Electric City of Fresno ***Subject to Mayoral Veto Page 7
February 10, 2022City Council Meeting Minutes
(PG&E) not to exceed $1,757,712.19
4. Approve the Resolution authorizing the City Manager or designee to enter into a 15-year financing agreement not to exceed
$17,947,480 with Alliance Funding Solutions, Inc ., for the energy efficiency projects at a rate not to exceed 2.62%
RESOLUTION 2022-031 ADOPTED
APPROVED ON CONSENT CALENDAR
1.-N. ID 22-245 ***RESOLUTION - Adopting the 46th Amendment to the Annual Appropriation Resolution (AAR) No. 2021-178 to appropriate $ 20,526,200 for operating programs and previously approved capital improvement projects in the Public Works Department (Citywide) (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto).
RESOLUTION 2022-032 ADOPTED
APPROVED ON CONSENT CALENDAR
1.-O. ID 22-246 ***RESOLUTION - To Pursue the Formation of a Veterans Memorial District in the City of Fresno (Subject to Mayor’s Veto).
The above item was removed from the agenda and continued to February 17, 2022.
CONTINUED
1.-P. ID 22-270 RESOLUTION - In support of Bryn Forhan’s reappointment to the San Joaquin River Conservancy Board
RESOLUTION 2022-033 ADOPTED
APPROVED ON CONSENT CALENDAR
CONTESTED CONSENT CALENDAR
1.-C. ID 22-247 ***BILL No. 2 (Intro’d 1/27/2022) (For Adoption) - Amending Administrative Abatement, FMC section 10-616, to clarify limits on access to restricted areas where abatements are taking place (Subject to Mayor’s Veto).
There was no staff presentation on this item. City Attorney Sloan clarified the amendment to the item would change paragraph b(2) of the Administrative Abatement Ordinance to remove the reference to persons “authorized” to provide services to instead read, “…those persons providing services…” He explained the intent of the amendment was to clarify that City of Fresno ***Subject to Mayoral Veto Page 8
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anyone providing services or advocating on behalf of occupants would be treated as such without the need to show they are “authorized” to do so.
Councilmember Arias motioned to approve the item with the amendment described by the City Attorney. Councilmember Chavez seconded the motion.
BILL B-2 REINTRODUCED AS AMENDED AND LAID OVER
On motion of Councilmember Arias, seconded by Councilmember Chavez, the above Action Item was REINTRODUCED AS AMENDED AND LAID OVER. The motion carried by the following vote:
Aye: Esparza, Maxwell, Soria, Karbassi, Arias, Chavez and Bredefeld
7 -
1.-G. ID 22-231 ***RESOLUTION - Authorizing the Director or Designee of the Office of Neighborhood Safety and Community Engagement Division (ONSCE) Within Parks, After School, Recreation and Community Services (PARCS) to Submit a Grant Application Totaling up to $2,200,000 to the California Violence Intervention and Prevention Program to Fund Violence Intervention Programming at Camp Fresno, Fresno Summer Nights Programming, a Community Coordinator and Street Outreach Coalition Training Modules, and Authorizing Execution of the Grant Agreement with the Board of State and Community Corrections by the PARCS Director or Designee (Citywide)(Subject to Mayor’s Veto).
There was no staff presentation on this item. PARCS Director Aguirre and City Manager White responded to questions.
Discussion on this item included: touring Camp Fresno; timeline of expired contracts; concerns with approving positions and funds the day before a grant application was due; the budget for Camp Fresno; long term benefits of Camp Fresno; partnerships with nonprofits; and addressing issues with Quigley Park
Councilmembers Bredefeld and Karbassi exited the Council Chamber at 12:05 P.M.
RESOLUTION 2022-029 ADOPTED
On motion of Vice President Maxwell, seconded by Councilmember City of Fresno ***Subject to Mayoral Veto Page 9
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Arias, the above Action Item was ADOPTED. The motion carried by the following vote:
Aye: Esparza, Maxwell, Soria, Arias and Chavez5 -
Absent: Karbassi and Bredefeld2 -
1.-H. ID 22-171 Actions pertaining to the FY22 Position Authorization Resolution No. 2021-179:
1:
***RESOLUTION - Adopt the 5th Amendment to Position Authorization Resolution No. 2021-179, adding one hundred seven (107) full-time and two (2) permanent part-time positions Citywide. (Subject to Mayor’s Veto).
There was no staff presentation on this item. City Manager White and Police Chief Balderrama responded to questions.
Discussion on this item included: the overall cost of the positions; workload and current staff capacity; support staff for council districts; ARPA funds; 3 to 5 year projection of costs for the positions; the return of the bike units in Tower District and downtown; class and compensation studies; and City reserves.
Vice President Maxwell requested the item be continued to the February 17, 2022, Council meeting and asked the administration to provide a fiscal analysis of the positions and the overall cost.
Upon consensus, the council agreed to continue the matter to February 17, 2022.
1.-Q. ID 22-226
Council Boards and Commissions Communications, Reports, Assignments and/or Appointments, Reappointments, Removals to/from City and non-City Boards and Commissions.
1. Animal Center Sub-Committee
2. Budget Sub-Committee (Leadership)
3. Cannabis Ad Hoc Committee
4. CDBG Sub-committee - (Pertaining to Housing and addressing the allocation of Funds)
5. Census/Redistricting Ad Hoc Committee
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6. Council of Governments
7. COVID Program Subcommittee
8. Economic Development Corporation Serving Fresno County
9. Enterprise & Construction Management
10. Finance and Audit Committee
11. Fresno Area Workforce Investment Corporation
12. Fresno County Transportation Authority (FCTA)
13. Fresno County Zoo Authority
14. Fresno EIFD Public Financing Authority
15. Fresno Madera Area Agency on Aging Board
16. Fresno Regional Workforce Development Board
17. Homeless (HEAP Funding Plan) Sub-Committee
18. Joint Powers Financing Authority
19. League of California Cities (Annual Meeting)
20. Lobbyist Committee
21. Measure P Sub-Committee
22. North Kings Groundwater Sustainability Agency (GSA) Joint Powers Authority
23. PLA Sub-committee
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24. San Joaquin River Conservancy Board
25. San Joaquin Valley Special City Selection Committee
26. School Liaison Sub-Committee
27. Street2Home Fresno County Board
28. The Local Mobile Food Vendor Association Committee
29. Transportation Sub-Committee
30. Upper Kings Basin Integrated Regional Water Management JPA City Attorney Sloan clarified that so long as a member of the prevailing side agreed, this item which had been approved on the Consent Calendar, it could be amended by a vote of the Council.
Councilmember Bredefeld requested to amend the appointment list attached to the item so that he could serve on the Housing Subcommittee.
Councilmember Chavez offered to be replaced by Councilmember Bredefeld.
Councilmember Karbassi requested to be placed back on the Economic Development Corporation Serving Fresno County. Council President Esparza agreed to nominating Councilmember Karbassi as the primary member and to making himself the alternate.
Councilmember Arias motioned to approve the appointment list as amended by replacing Councilmember Chavez with Councilmember Bredefeld on the Housing Subcommittee and making Council President Esparza the alternate member and Councilmember Karbassi the primary member for the Economic Corporation Serving Fresno County. Councilmember Bredefeld seconded the motion.
APPROVED AS AMENDED
On motion of Councilmember Arias, seconded by Councilmember City of Fresno ***Subject to Mayoral Veto Page 12
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Bredefeld, the above Action Item was ADOPTED AS AMENDED. The motion carried by the following vote:
Aye: Esparza, Maxwell, Soria, Karbassi, Arias, Chavez and Bredefeld
7 -
2. SCHEDULED COUNCIL HEARINGS AND MATTERS
10:00 A.M. #1
ID 22-215 Appearance by Sue Hague to discuss the “revision of current parking permit fees in residential areas near FSU” (Resides in District 1).
Sue Hague appeared and addressed Council.
10:00 A.M. #2
ID 22-210 Appearance by Jorge Zavala to discuss the lack of communication from various City departments, as well as the difficulties of obtaining records (Resides in District 4).
Jorge Zavala appeared and addressed Council.
10:00 A.M. #3
ID 22-236 HEARING to consider the vacation of a portion of Stanislaus Street and L Street adjacent to Block 89 of the Town (now City) of Fresno, and a portion of an alley in Block 89 of the Town (now City) of Fresno (Council District 3)
1. ***RESOLUTION - Ordering the vacation of a portion of Stanislaus Street and L Street adjacent to Block 89 of the Town (now City) of Fresno, and a portion of an alley in Block 89 of the Town (now City) of Fresno (Subject to Mayor’s Veto)
The above hearing was called to order at 12:21 P.M. There was no staff presentation and no Council discussion on this item. Upon call, there was no public comment.
Council recessed for lunch at 12:23 P.M. and resumed this item at 2:47 P.M.
RESOLUTION 2022-034 ADOPTED
On motion of Councilmember Arias, seconded by Council President Esparza, the above Action Item was ADOPTED. The motion carried by the following vote:
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Aye: Esparza, Maxwell, Soria, Karbassi, Arias, Chavez and Bredefeld
7 -
City Council recessed for lunch at 12:23 P.M. and returned at 2:07 P.M.
3. GENERAL ADMINISTRATION
3.-A. ID 22-225 ***RESOLUTION - Adopting a Residential Speed Hump Policy (Citywide) (Subject to Mayor’s Veto).
The above was introduced to Council by Public Works Director Mozier.
Transportation Director Vargas and City Manager White also addressed Council.
Upon call, there was no public comment.
Councilmember Chavez exited the Council Chamber at 3:19 P.M.
Councilmember Bredefeld spoke in opposition of the above item and expressed support for allowing private citizens to pay for speed humps.
Discussion on this item included: funding speed humps privately; current city resources to pay for speed humps; and cost differences for privately funded speed humps versus city acquired speed humps.
Councilmember Arias motioned to approve as amended with the following:
1. Residents will not have the ability to fund the installation of speed humps via private contractor, 2. The requester will not be responsible for the application fee defined in the Master Fee Schedule, and 3. The eligibility of a transit route has been removed. Vice President Maxwell seconded the motion.
Councilmember Bredefeld motioned to amend the motion on the floor to allowing residents to privately fund the installations of speed humps.
Councilmember Karbassi seconded the motion. The motion FAILED by the following vote:
Aye: 2 - Karbassi, Bredefeld
No: 3 - Arias, Maxwell, Esparza
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Abstain: 1 - Soria
Absent: 1 - Chavez
RESOLUTION 2022-035 ADOPTED AS AMENDED
On motion of Councilmember Arias, seconded by Vice President Maxwell, the above Action Item was ADOPTED AS AMENDED. The motion carried by the following vote:
Aye: Esparza, Maxwell, Soria and Arias4 -
No: Karbassi and Bredefeld2 -
Absent: Chavez1 -
3.-B. ID 22-237 WORKSHOP - SB 1383 Updates
The above workshop was presented to Council by Public Utilities Assistant Director Alkhayyat and Eugene Clarke with CalRecyle. City Manager White also addressed Council.
Discussion on this item included: renegotiating with service providers versus submitting a new Request for Proposal; the compliance status of other cities; overflowing of trash bins; stolen trash bins; redirecting food to homeless shelters; the cost of implementation; and downtown commercial compactors.
PRESENTED
3.-C. ID 22-94 WORKSHOP - Proposed ARPA Expenditure Plan The above workshop was presented to Council by City Manager White and Deputy Mayor Grundy. Mayor Dyer and Finance Director Lima also addressed Council.
Discussion on this item included: City of Fresno Health Care; ARPA regulations; mid-year budget projects funded by ARPA; the impacts of Covid-19 on green space; H Street warehouse; and funding positions with carryover.
PRESENTED
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3.-D. ID 22-273 WORKSHOP - FY2022 Mid-Year Budget Review The above workshop was presented to Council by Budget Manager Fierro and City Manager White.
Councilmembers discussed the following: the operational plan for the animal shelter; a pilot program for infill housing on properties with less than 5 acres; PBID funding maintenance; ADA for Amtrak; and ARPA revenue replacement.
PRESENTED
4. CITY COUNCIL
5. CLOSED SESSION
Upon call, there was no public comment for Closed Session items and City Council adjourned into Closed Session at 5:43 P.M.
During open session, City Attorney Sloan announced the Closed Session items listed on the agenda and stated the following closed session items were removed from the agenda: 5-A (ID 22-296) regarding Existing Litigation: J&A Mash & Barrel, LLC; 5-C (ID 22-297) regarding Property Negotiator: 809 E Olive Avenue; 5-D (ID 22-283) regarding Property Negotiator: 1343 E. Barstow; and 5-E (ID 22-303) regarding Property Negotiator: APN 468-400-54T. He stated there would be no announcements following Closed Session.
5.-A. ID 22-296
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Government Code 54956.9(d)(1);
Existing Litigation: J & A Mash & Barrel, LLC. v. Superior Court of Fresno County.
The above item was removed from the agenda.
5.-B. ID 22-298
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Government Code 54956.9(d)(1); Existing Litigation: South Fresno Community Alliance v. City of Fresno
DISCUSSED
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5.-C. ID 22-297
CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Government
Code Section 54956.8; Property: 809 E Olive Ave; Negotiating Parties:
City Manager, Lawrence Abbate; Under Negotiation: Terms and Conditions of Property Acquisition.
The above item was removed from the agenda.
5.-D. ID 22-283 CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Government Code Section 54956.8
Property: 1343 E. Barstow;
Negotiating Parties: City Manager, Wesley United Methodist Church; Under Negotiation: Price and terms of sale or lease.
The above item was removed from the agenda.
5.-E. ID 22-303 CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Government Code Section 54956.8
Property: APN 468-400-54T
Negotiating Parties: City Manager, Prosperous Terra, LLC (Ruelas, Inc.) Under Negotiations: Price and terms of sale
The above item was removed from the agenda.
5.-F. ID 22-285
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)
DISCUSSED
ADJOURNMENT
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Adjourned from Closed Session at 7:02 P.M.
City of Fresno ***Subject to Mayoral Veto Page 18
Wednesday, February 16, 2022
1:00 PM
City of Fresno
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
In Person and 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 Minutes
Special Meeting
February 16, 2022City Council Meeting Minutes
The City Council for the City of Fresno convened in special session on February 16, 2022 at 1:00 P.M.
This special meeting was heard by Council concurrently with another, separately noticed, special meeting for the same date and time.
ROLL CALL
Council President Esparza called the special meeting to order at 1:06 P.M.
Council President Nelson Esparza
Vice President Tyler Maxwell
Councilmember Esmeralda Z. Soria
Councilmember Mike Karbassi
Councilmember Miguel Angel Arias
Councilmember Luis Chavez
Councilmember Garry Bredefeld
Present: 7 -
APPROVE AGENDA
AGENDA APPROVED
On motion of Vice President Maxwell, seconded by Councilmember Karbassi, the agenda was APPROVED. The motion carried by the following vote:
Aye: Esparza, Maxwell, Soria, Karbassi, Arias, Chavez and Bredefeld
7 -
ID 22-339 Notice of Special Meeting- Signed
OPEN SESSION
ID 22-338 ***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 veto).
There was no staff presentation on this item, no council discussion, and no public comment.
The Council President asked for consensus to approve the above item.
Councilmember Bredefeld stated he opposed the item which subsequently passed by consensus of the remaining six Councilmembers.
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February 16, 2022City Council Meeting Minutes
RESOLUTION 2022-036 ADOPTED
ADJOURNMENT
The special meeting adjourned at 3:17 P.M.
City of Fresno ***Subject to Mayoral Veto Page 3
Wednesday, February 16, 2022
1:00 PM
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 Minutes
Special Meeting
February 16, 2022City Council Meeting Minutes
The City Council for the City of Fresno convened in special session on February 16, 2022 at 1:00 P.M.
This special meeting was heard by Council concurrently with another, separately noticed, special meeting for the same date and time.
ROLL CALL
Council President Esparza called the meeting to order at 1:06 P.M.
Council President Nelson Esparza
Vice President Tyler Maxwell
Councilmember Esmeralda Z. Soria
Councilmember Mike Karbassi
Councilmember Miguel Angel Arias
Councilmember Luis Chavez
Councilmember Garry Bredefeld
Present: 7 -
APPROVE AGENDA
AGENDA APPROVED
On motion of Vice President Maxwell, seconded by Councilmember Karbassi, the agenda was APPROVED. The motion carried by the following vote:
Aye: Esparza, Maxwell, Soria, Karbassi, Arias, Chavez and Bredefeld
7 -
ID 22-141 Notice of Special Meeting - Signed
OPEN SESSION
Project Manager Ruiz gave Council an overview of the application and permit process.
City Manager White informed Council the administration would not proceed with additional awards until it has met with the Cannabis Subcommittee to bring forward an amended ordinance for Council approval.
Councilmember Arias asked about the Conditional Use Permit (CUP) process and asked after this round of appeals will the administration be starting over. City Manager White responded.
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ID 22-137 HEARING - Consideration of an appeal of the City Manager’s decision to approve retail Commercial Cannabis Business Permit No. C-20-3, for property located at 4248 W Ashlan Avenue (Council District 1).
The above hearing was called to order at 1:55 P.M.
The above item introduced to Council by Owner an co-CEO of Authentic 559 Jon Avidor, President of Shryne Group Tak Sato, Board Member Raquel Oriole, Director of Community Engagement Frank Sanchez, and Applicant Matt Garza.
Upon call, the following members of the public addressed Council and spoke in support of the above item: Manny Perales, Eric Henkel, Nichole Rice, Daniel Brannick, Luis. The following member of the public spoke in opposition of the above item: Damian Martin.
Councilmember Soria discussed the following: community outreach in the District 1; lack of opposition from the community; community benefit agreement; the three scholarships with the Fresno City College, social equity; security of the facility; and the timeline of obtaining a Conditional Use Permit (CUP).
City Attorney Sloan stated, for the record, that the applicant continued to meet the qualifications set by the City Manager and City Council despite one of the owners having left the business.
Councilmember Karbassi stated, for the record, Council was not allowed to request the applicants donate to certain groups to be approved.
APPROVED
On motion of Councilmember Soria, seconded by Council President Esparza, the above Action Item was APPROVED. The motion carried by the following vote:
Aye: Esparza, Maxwell, Soria, Karbassi, Arias, Chavez and Bredefeld
7 -
ID 22-138 HEARING - Consideration of an appeal of the City Manager’s decision to approve retail Commercial Cannabis Business Permit No. CSE-20-68, for City of Fresno ***Subject to Mayoral Veto Page 3
February 16, 2022City Council Meeting Minutes
property located at 1142 F Street (Council District 3).
The above hearing was called to order at 2:23 P.M.
The above item introduced to Council by co-owners of High-Speed Healing Renatta Carter-Ford and Tryone Carter.
Upon call, the following members of the public addressed Council and spoke in support of the above item: Barbara Wilson, Granville Runderson, Kehinde Solwazi, Morgan Doizaki, Waxy the Duke, and Derrick McElroy.
Councilmember Arias discussed the following with the applicant: a lack of letters of support or opposition from the surrounding neighborhoods or business; future residential housing projects in the area including the Monarch project; the design and security of the facility; and the unintended impacts of the surrounding neighborhoods.
Councilmember Bredefeld commented on Councilmember Arias' concern regarding the lack of letter of support. He also confirmed with City Manager White that the applicant had satisfied all the requirements and stated he supported the application moving forward.
Councilmember Bredefeld motioned to approve the application as presented. Councilmember Karbassi seconded the motion but made clear he intended to vote against approval.
FAILED
Councilmember Bredefeld motioned to approve the above item and received a seconded by Councilmember Karbassi . The motion FAILED by the following vote:
Aye: Bredefeld1 -
No: Esparza, Maxwell, Karbassi and Arias4 -
Absent: Soria and Chavez2 -
ID 22-140 HEARING - Consideration of an appeal of the City Manager’s decision to approve retail Commercial Cannabis Business Permit No. CSE-20-23, for property located at 505-507 Fulton Street (Council District 3).
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The above hearing was called to order at 2:55 P.M.
The above item was introduced to Council by Beyond Rooted Isaac Fonseca and Nathan Perez.
Upon call, the following members of the public addressed Council in support of the above item: Gil Molina, Robert Pena, Jason Renbato, Marilyn Castro, Fred Martinez, Roman Gonzales, and Lorrie Rodriguez.
Councilmember Arias discussed the following: letters of support from residents and businesses surrounding the facility; safety plan for the facility; the Conditional Use Permit (CUP); improving area outside the fence line; and he requested to remove the "needles for joints" program.
APPROVED
On motion of Councilmember Arias, seconded by Vice President Maxwell, the above Action Item was APPROVED. The motion carried by the following vote:
Aye: Esparza, Maxwell, Arias and Chavez4 -
Absent: Soria, Karbassi and Bredefeld3 -
ADJOURNMENT
The special meeting adjourned at 3:17 P.M.
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Thursday, February 17, 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 Minutes
Regular Meeting
February 17, 2022City Council Meeting Minutes
The City Council for the City of Fresno convened in regular session on February 17, 2022 at 9:00 A.M.
9:03 A.M. ROLL CALL
Council President Nelson Esparza
Vice President Tyler Maxwell
Councilmember Esmeralda Z. Soria
Councilmember Mike Karbassi
Councilmember Miguel Angel Arias
Councilmember Luis Chavez
Councilmember Garry Bredefeld
Present: 7 -
Invocation by Fresno Unified Superintendent Bob Nelson
Pledge of Allegiance to the Flag
APPROVE AGENDA
City Clerk Stermer announced the following changes to the agenda:
The staff report for Consent Calendar item 1-I (ID 22-286) regarding a requirements contract for bulk sodium hydroxide should read "February 8, 2018" instead of "February 29, 2019"in the second paragraph under the "Background" header; the staff report for Consent Calendar item 1-M (ID 22-317) regarding the addition of one hundred seven (107) full-time and two (2) permanent part-time position should read "one hundred fourteen (114) full-time and two (2) permanent part-time positions Citywide"; references to the "March 2022" LIHTC Tax Credit Application in Consent Calendar items 1-Q (ID 22-299) and 1-R (ID 22-302) should be "June 2022;" the public hearing set for Consent Calendar item 1-Y (ID 22-267), regarding Intention to Annex Final Tact Map No. 6187, was moved from March 10, 2022 at 10:00 A.M. to March 24, 2022 at 10:00 A.M.
The City Clerk also announced Open Session item ID 22-332 regarding the 54th amendment to the Annual Appropriation Resolution and Open Session item ID 22-333 regarding the 55th amendment to the Annual Appropriation Resolution were separately noticed as Special Meetings and would also be heard by City Council.
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February 17, 2022City Council Meeting Minutes
The Following item was removed from the agenda:
Consent Calendar item 1-A (ID 22-230) regarding an agreement with Unison Consulting, Inc. – removed from the agenda by the administration with no specified return date.
The following items were moved from the Consent Calendar to the Contested Consent Calendar for future discussion:
1-M (ID 22-317) regarding the 5th amendment to Position Authorization Resolution – moved to Contested Consent by Councilmember Arias. 1-O (ID 22-289) regarding the Californians For All Youth Workforce Development Grant program – moved to Contested Consent by Councilmember Arias.
1-Z (ID 22-308) regarding a Text Amendment relating to the sale of Tobacco – moved to Contest Consent by Councilmember Bredefeld.
Lastly, Councilmember Bredefeld registered a "no" vote on Consent Calendar item 1-BB (22-315) pertaining to a meet and confer with labor unions to declare Cesar Chavez Day a holiday in the City of Fresno.
AGENDA APPROVED AS AMENDED
On motion of Councilmember Arias, seconded by Vice President Maxwell,the agenda was APPROVED AS AMENDED. The motion carried by the following vote:
Aye: Esparza, Maxwell, Soria, Karbassi, Arias, Chavez and Bredefeld
7 -
CEREMONIAL PRESENTATIONS
ID 22-300 Proclamation for “Summer Gaston Day” in the City of Fresno
PRESENTED
ID 22-320 Proclamation for “Teen Dating Violence Awareness Month”
PRESENTED
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February 17, 2022City Council Meeting Minutes
COUNCILMEMBER REPORTS AND COMMENTS
Councilmember Soria reported on the following: the Bitwise Industries technology session for participants of the Young Councilmembers program; tree trimming in District 1; the Tower District's 24th Annual Mardi Gras Parade; and the District 1 outreach event with the Code Enforcement School Area Team at Quigley Park scheduled for March 1, 2022..
Councilmember Arias discussed: a community engagement meeting held to discuss revitalizing Ted C. Wills Community Center, San Pablo Park, and the new park on Broadway and Elizabeth; tree trimming schedules; and the use of restrooms and showers at the Poverello House.
Vice President Maxwell announced the School Area Resource Team information trailer would be in the Scandinavian Middle School area on February 22, 2022 from 1:30 P.M. to 4:30 P.M.. He also announced the groundbreaking of the Midtown Trail which would connect to the Clovis Regional Trail.
Council President Esparza reported that Wade Crowfoot, the Calfiornia Secretary of Natural Resourses had toured Radio Park in Fresno. He also discussed the groundbreaking of the Midtown Trail and the grade separation at Blackstone and McKinley.
Councilmember Chavez requested the meeting be adjourned in memory of retired City Clerk Rebecca (Becky) Klisch.
City Attorney Sloan introduced attorney Whitney Hendricks who will serve as the City Council liaison for Code Enforcement.
MAYOR/MANAGER REPORTS AND COMMENTS
City Manager White reported the Councilmembers had been provided with a memo regarding the status of the vehicle replacement fund and a memo regarding Notice of Availability of the Draft Environment Impact Report (EIR) and Public Comment Period for the West Area Neighborhood Specific Plan. She also discussed Camp Fresno and the upcoming road trip to the facility.
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UNSCHEDULED COMMUNICATION
Upon call for unscheduled communication, the following members of the public addressed Council: Andrea; Laura Splotch; Janine Nkosi; Robert McCloskey; and Lisa Flores.
ID 22-387 The attached public comments were submitted for the February 17, 2022 Regular City Council meeting and were not directly related to any specific item(s) on the published agenda.
1. CONSENT CALENDAR
Upon call, the following members addressed Council under Consent Calendar and Contested Consent: Gabriel Lozano (Supported 1-AA); Eddie Varela (Supported 1-AA); Robert McCloskey (Supported 1-BB); Lisa Flores (Supported 1-AA); Fernando Elizondo; Brandi Nunes-Villegas (Opposed 1-B, 1-J, 1Q, and 1-R); Trustee Valerie Davis (Opposed 1-AA and Supported 1-BB); Rain Chamberlain; Lynisha Senegal (Discussed ARPA); Alexandra Alvaredo (Opposed 1-B); Jose Luis Barraza (Supported 1-AA and 1-BB); Cindy Piombino (Opposed 1-B); Karla Martinez (Opposed 1-J and 1-K); Estella Ortega (Discussed ARPA); Guillermina Leon (Discussed ARPA); Ed Howard (Opposed 1-B); Jose Leon Barraza (Supported 1-AA); Josefa Vega (Opposed 1-B); Ruben Espinoza (Opposed 1-B and 1-J); Dez Martinez (Opposed 1-B); Lilia Becerril (Supported 1-AA); Pedro Navarro Cruz (Supported 1-AA); Grace Solis (Supported 1-AA); Juan Arambula (Supported 1-AA); Venancio Gaona (Supported 1-AA); Ginny Barnes (Opposed 1-B); Grecia Elenes (Opposed 1-B); Lethal Garcia (Opposed 1-B); Galvia Juarez (Opposed 1-B); Deiglis Delgado (Discussed ARPA); Domanique Kitchener (Opposed 1-B); and Lisa Torrecillas (Opposed 1-B).
APPROVAL OF THE CONSENT CALENDAR
On motion of Councilmember Soria, seconded by Councilmember Arias, the CONSENT CALENDAR was hereby adopted by the following vote:
Aye: Esparza, Soria, Karbassi, Arias, Chavez and Bredefeld6 -
Absent: Maxwell1 -
1.-A. ID 22-230
Approve a consultant services agreement with Unison Consulting, Inc ., to provide professional services for creating and establishing a Tenant City of Fresno ***Subject to Mayoral Veto Page 5
February 17, 2022City Council Meeting Minutes
Handbook at the Fresno Yosemite International Airport in an amount not to exceed $50,000. (Council District 4)
The above item was removed from the agenda by the administration with no specified return date.
TABLED
1.-B. ID 22-316 ***BILL No. 2 (Re-intro’d 2/10/2022) (For Adoption) - Amending Administrative Abatement, FMC section 10-616, to clarify limits on access to restricted areas where abatements are taking place (Subject to Mayor’s Veto).
ORDINANCE 2022-002 ADOPTED
APPROVED ON CONSENT CALENDAR
1.-C. ID 22-274 Approve the award of a purchase contract to Stommel Inc ., dba Lehr Automotive, a Sacramento California -based company, for the purchase of 91 sets of patrol vehicle hardware and safety equipment in the amount of $2,153,261 for the Police Department
APPROVED ON CONSENT CALENDAR
1.-D. ID 22-272 Award a two -year Requirements Contract with provisions for three one-year extensions to Herwaldt Automotive Group, Inc. of Fresno, California, for a maximum of 75 marked patrol BMW motorcycles over a 5-year term in the total amount of $ 2,109,211.84, plus annual CPI adjustments, for the Police Department. The FY 22 purchase will be 15 motorcycles in the amount of $421,844.37 (Bid File 9626)
APPROVED ON CONSENT CALENDAR
1.-E. ID 22-275 Award a construction contract to AMG & Associates, Inc. of Santa Clarita, California, in the amount of $ 11,631,119 for the Department of Transportation Fresno Area Express Facility Improvement project and authorize the Director of Transportation to execute all related documents (Bid File #3839) (District 3)
APPROVED ON CONSENT CALENDAR
1.-F. ID 22-276 RESOLUTION - Approval of Annual Update of the Public Transit Agency Safety Plan (PTASP) as required by the Federal Transit Administration RESOLUTION 2022-037 ADOPTED
APPROVED ON CONSENT CALENDAR
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1.-G. ID 22-287 ***RESOLUTION - Adopting the 567th Amendment to the Master Fee Schedule Resolution No.80-420 to update reduced transit fare pricing. (Subject to Mayor’s Veto).
RESOLUTION 2022-038 ADOPTED
APPROVED ON CONSENT CALENDAR
1.-H. ID 22-314 Approve an increase to the Requirements Contract with Air Liquide U .S.
LP, doing business as Alliance Gas Products, for Bulk Liquid Oxygen to an annual amount of $ 275,000, and extend the contract for an additional two years (Bid File 9452) (Citywide).
APPROVED ON CONSENT CALENDAR
1.-I. ID 22-286
Actions related to the extension and increase of a Requirements Contract for Bulk Sodium Hydroxide
with Univar USA Inc. (Bid File 9429) (Citywide):
1. Reject all bids for the Requirements Contract for Bulk Sodium Hydroxide (Bid File 9601)
2. Approve an increase to the Requirements Contract with Univar USA Inc. ( Univar) to an annual amount of $1,443,365, and extend the contract for one additional year (Bid File 9429) (Citywide)
APPROVED ON CONSENT CALENDAR
1.-J. ID 22-281 ***RESOLUTION - 51st Amendment to the Annual Appropriations Resolution (AAR) No. 2021-178 appropriating $ 6,141,400 under the General Fund that will fund salary increases and overtime for Bargaining Units 04 (FPOA Non -Management) and 09 (FPOA Management ), 05 (IAFF Non -Management) and 10 (IAFF Management) from the American Rescue Plan Act (ARPA) ((Requires 5 Affirmative Votes) (Subject to Mayor’s Veto).
RESOLUTION 2022-039 ADOPTED
APPROVED ON CONSENT CALENDAR
1.-K. ID 22-282 ***RESOLUTION - 52nd Amendment to the Annual Appropriations Resolution (AAR) No. 2021-178 appropriating $ 2,000,000 under the General Fund for the 911 Call Center from the American Rescue Plan Act (ARPA) (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto).
RESOLUTION 2022-040 ADOPTED
APPROVED ON CONSENT CALENDAR
1.-L. ID 22-288 ***RESOLUTION - Adopt the Fourteenth Amendment to FY 2022 Salary City of Fresno ***Subject to Mayoral Veto Page 7
February 17, 2022City Council Meeting Minutes
Resolution No. 2021-176, amending Exhibit 13-1, Unit 13, Exempt Supervisory and Professional (CFPEA) to modify the salary ranges for Professional Engineer, Supervising Professional Engineer, Chief Surveyor, and Architect, effective February 14, 2022 (Subject to Mayor’s Veto).
RESOLUTION 2022-041 ADOPTED
APPROVED ON CONSENT CALENDAR
1.-N. ID 22-309 Actions pertaining to Operating Engineers, Local Union No. 3 (Airport Public Safety Officers) for Unit 11 (FAPSO/OE3):
1. ***Adopt a successor Memorandum of Understanding between the City of Fresno and Operating Engineers, Local Union No. 3 (Airport Public Safety Officers) for Unit 11 (FAPSO/OE3) (Subject to Mayor’s veto)
2. ***RESOLUTION: Adopt the Fifteenth Amendment to FY 2022 Salary Resolution No. 2021-176 amending salaries in Exhibit 11, Unit 11 - Airport Public Safety Officers (FAPSO), as required by the Memorandum of Understanding between the City of Fresno and Operating Engineers, Local Union No. 3 (OE3) for Unit 11 (FAPSO/OE3) (Subject to Mayor’s veto) RESOLUTION 2022-043 ADOPTED
ADOPTED
1.-P. ID 22-301 Actions pertaining to the 2020 Environmental Protection Agency Brownfields Revolving Loan Fund Grant:
1. Approve a Sub -Grantee award to Saint Rest Baptist Church of up to $191,000 for the remediating of an existing building on the Saint Rest Campus from the City of Fresno ’s Brownfield Revolving Loan Fund.
APPROVED ON CONSENT CALENDAR
1.-Q. ID 22-299 ***RESOLUTION - Supporting the Housing Authority of the City of Fresno ’s submission of a Low -Income Housing Tax Credit application for the construction of affordable housing at 1240 N. Crystal and expressing the City’s intent to contribute to the Project in an amount not to exceed $3,500,000 upon full award of tax credit funding for the Project. (Subject to Mayor’s Veto)
RESOLUTION 2022-046 ADOPTED AS AMENDED
APPROVED ON CONSENT CALENDAR
1.-R. ID 22-302 ***RESOLUTION - Supporting the Housing Authority of the City of Fresno’s submission of a Low-Income Housing Tax Credit application for the construction of affordable housing at 7521 N. Chestnut and expressing the City’s intent to contribute to the Project in an amount not to exceed City of Fresno ***Subject to Mayoral Veto Page 8
February 17, 2022City Council Meeting Minutes
$3,000,000 upon full award of tax credit funding for the Project. (Subject to Mayor’s Veto)
RESOLUTION 2022-047 ADOPTED AS AMENDED
APPROVED ON CONSENT CALENDAR
1.-S. ID 22-304
Approve a Preliminary Engineering Services Agreement with BNSF Railway Company to perform engineered design plan review and diagnostic evaluation, in the amount of $199,561.20, for the Blackstone Avenue and McKinley Avenue BNSF Grade Separation Project (Council Districts 1 and 7)
APPROVED ON CONSENT CALENDAR
1.-T. ID 22-269 Approve an agreement with Pacific Gas and Electric Company in the amount of $ 57,683.82 for the installation of a new service connection to power the proposed Herndon Avenue and Veterans Boulevard intersection as part of the Veterans Boulevard North Extension Project (Council District 2)
APPROVED ON CONSENT CALENDAR
1.-U. ID 22-262 Approve Contract Change Order No. 05 in the deductive amount of $(21,083.89) to Emmett ’s Excavation, Inc. for the Inyo Street Overlay Between Van Ness and P, Project ID PW0788 (Council District 3)
APPROVED ON CONSENT CALENDAR
1.-V. ID 22-266 Actions pertaining to the Veterans Boulevard Grade Separation Project (Council District 2):
1. ***RESOLUTION - 49th Amendment to the Annual Appropriation Resolution (AAR) No. 2021-178 appropriating $1,949,800 for the Veterans Boulevard Grade Separation Project (Requires 5 affirmative votes) (Subject to Mayor’s veto)
2. Approve Contract Change Order No. 15 in the amount of $1,354,408 and an increase in contract time of one hundred sixteen (116) working days to Granite Construction Company, for the Veterans Boulevard Grade Separation, Project ID PW00683 RESOLUTION 2022-048 ADOPTED
APPROVED ON CONSENT CALENDAR
1.-W. ID 22-268 Actions pertaining to the widening of Fowler Avenue, from Clinton Avenue to the Weldon Avenue alignment, a condition of approval for Vesting Tentative Map No. 6214 (Council District 7)
1. ***RESOLUTION - 33rd Amendment to the Annual Appropriation City of Fresno ***Subject to Mayoral Veto Page 9
February 17, 2022City Council Meeting Minutes
Resolution (AAR) No. 2021-178 appropriating $112,500 for right-of-way (permanent easement) acquisition for Tract Map 6214 (Requires 5 affirmative votes) (Subject to Mayor’s Veto)
2. Approve the Agreement for Purchase and Sale of a 21,328 square foot permanent easement from portions of APN: 496-220-16S and APN: 496- 220-17S, owned by E. & J. Gallo Winery, a California Corporation for $99,400 in compensation
RESOLUTION 2022-049 ADOPTED
APPROVED ON CONSENT CALENDAR
1.-X. ID 22-264 RESOLUTION - Authorizing the Submission of a Grant Application to the Fresno Council of Governments for the 2022 Measure C Transit Oriented Infrastructure for In -Fill Development Grant Program in the amount of $450,000 for the Blackstone Avenue Smart Mobility Project; and Authorizing the Execution of Grant Application and Grant Agreement Documents by the Public Works Director or Designee (Council Districts 1, 3 and 7)
RESOLUTION 2022-050 ADOPTED
APPROVED ON CONSENT CALENDAR
1.-Y. ID 22-267 RESOLUTION - Of Intention to Annex Final Tract Map No . 6187 as Annexation No. 131 to the CITY OF FRESNO
COMMUNITY FACILITIES DISTRICT NO. 11 and to Authorize
the Levy of Special Taxes; and setting the public hearing for Thursday, March 10, 2022, at 10:00 am (City Council
Chambers, 2600 Fresno Street, Fresno, California, 93721) (Council District 3)
RESOLUTION 2022-051 ADOPTED AS AMENDED
APPROVED ON CONSENT CALENDAR
1.-AA. ID 22-307 ***RESOLUTION - Directing the administration to present the processes to change Kings Canyon /Ventura Blvd to “Cesar Chavez Boulevard” and directing the formation of an resident, business owner and stakeholder committee to engage the public and receive input, recommendations (Subject to Mayor’s Veto).
Councilmember Arias stated he would like to have a conversation with Councilmember Chavez regarding the extension of the designation all the way to California Avenue.
RESOLUTION 2022-053 ADOPTED
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APPROVED ON CONSENT CALENDAR
1.-BB. ID 22-315 ***RESOLUTION - Directing staff to perform the necessary meet and confer with labor unions related to declaring Cesar Chavez Day a holiday in the City of Fresno (Subject to Mayor’s Veto).
The above item was Approved on the Consent Calendar 5-1, Councilmember Bredefeld voted no and Vice President Maxwell was absent.
RESOLUTION 2022-54 ADOPTED
APPROVED ON CONSENT CALENDAR
1.-CC. ID 22-313 ***RESOLUTION - To Pursue the Formation of a Veterans Memorial District in the City of Fresno (Subject to Mayor’s Veto).
RESOLUTION 2022-055 ADOPTED
APPROVED ON CONSENT CALENDAR
CONTESTED CONSENT CALENDAR
1.-M. ID 22-317 Actions pertaining to the FY22 Position Authorization Resolution No. 2021-179:
1: ***RESOLUTION - Adopt the 5th Amendment to Position Authorization Resolution (PAR) No. 2021-179, adding one hundred seven (107) full-time and two (2) permanent part -time positions Citywide. (Subject to Mayor ’s Veto).
There was no staff presentation on this item. City Manager White and Director Miller responded to questions:
Discussion on this item included: the need for additional Community Coordinators; the duties of Community Outreach Specialists; Risk Analysts and investigators; positions requested to relieve sworn officers; and the return of bike units to the Tower District.
RESOLUTION 2022-042 ADOPTED
On motion of Councilmember Arias, seconded by Vice President Maxwell, the above Action Item was ADOPTED. The motion carried by the following vote:
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February 17, 2022City Council Meeting Minutes
Aye: Esparza, Maxwell, Soria, Karbassi, Arias, Chavez and Bredefeld
7 -
1.-O. ID 22-289 Actions pertaining to the CaliforniansForAll Youth Workforce Development Grant program:
1. Approve the 2021 CaliforniansForAll Youth Workforce Development Grant
2. ***RESOLUTION - Adopting the 53rd amendment to the Annual Appropriation Resolution (AAR) No. 2021-178 appropriating $232,500 for the One Fresno Youth Workforce Development Grant (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto)
3. ***RESOLUTION - 6th Amendment to the Position Authorization Resolution (PAR) No. 2021-179 adding three (3) positions to the Personnel Services Department (Subject to Mayor’s Veto) There was no staff presentation on this item. Deputy Mayor Grundy, City Manager White; Director Miller and Police Chief Balderrama responded to questions.
Discussion on this item included: "One Fresno" branding; jobs to be filled by youth; placement under the Personnel Department versus PARCS Department; hiring requirements; city hiring versus Community Based Organizations (CBO) hiring for placement in the city; investing in green jobs; placement with Community Based Organizations (CBO); alignment with city priorities; grant details; existing appropriations for youth internships; reorganization of youth resources within the city and city website; status of the Police Department Explorer Program; and health benefits eligibility.
RESOLUTION 2022-044 ADOPTED
RESOLUTION 2022-045 ADOPTED
On motion of Councilmember Arias, seconded by Councilmember Chavez, the above Action Item was ADOPTED. The motion carried by the following vote:
Aye: Esparza, Maxwell, Soria, Karbassi, Arias, Chavez and Bredefeld
7 -
1.-Z. ID 22-308 RESOLUTION - Initiating a Text Amendment to Chapter 15, Article 27, Section 15-2761 of the Fresno Municipal Code relating to the sale of Tobacco.
The above item was presented to Council by Councilmember Arias. There City of Fresno ***Subject to Mayoral Veto Page 12
February 17, 2022City Council Meeting Minutes
was no Council discussion on this item.
RESOLUTION 2022-052 ADOPTED
On motion of Councilmember Arias, seconded by Councilmember Bredefeld, the above Action Item was ADOPTED. The motion carried by the following vote:
Aye: Esparza, Maxwell, Soria, Arias, Chavez and Bredefeld6 -
Absent: Karbassi1 -
2. SCHEDULED COUNCIL HEARINGS AND MATTERS
3. GENERAL ADMINISTRATION
3.-A. ID 22-219 WORKSHOP - Pavement Management Presentation The above workshop was presented to Council by Assistant Director Russell. Consultant Margot Yapp, Director Mozier, City Manager White, and Assistant City Manager Barfield also addressed Council.
Discussion on this item included: Community Facilities Districts and asphalt maintenance; ways to reduce deferred maintenance costs; failed roads locations; plans to address currently failed roads; preventative maintenance versus reconstruction of failed roads; exclusion of county maintained roads in calculations; new road maintenance; reworking Measure C funds for existing roadway maintenance; consequences of waiving impact fees; and current expenses for road maintenance.
PRESENTED
3.-B. ID 22-263
Actions related to Senate Bill 1383 - California’s Short -Lived Climate Pollutant Reduction Strategy:
1. Adopt a finding of Categorical Exemption pursuant to Section 15308/Class 8 of the California Environmental Quality Act (CEQA) Guidelines
2. ***BILL - (For introduction) Amending Chapter 6, Article 2 of the Fresno Municipal Code, relating to waste collection and disposal (Subject to Mayor’s Veto)
3. ***RESOLUTION - Authorizing submission to CalRecycle a Notification City of Fresno ***Subject to Mayoral Veto Page 13
February 17, 2022City Council Meeting Minutes
of Intent to Comply with the mandates of Senate Bill 1383 to achieve the organic waste reduction goals established in Section 39730.6 of the California Health and Safety Code (Subject to Mayor’s Veto)
4. ***RESOLUTION - Authorizing the submission of a grant application to CalRecycle through its SB 1383 Local Assistance Grant Program for one -time funding in the amount of $718,149 to assist with the implementation of regulation requirements associated with Senate Bill 1383, and authorizing the Director of Public Utilities or designee to execute all application and grant agreement documents on behalf of the City of Fresno (Subject to Mayor’s Veto)
There was no staff presentation on the this item and no Council discussion.
Upon call, the following member of the public addressed Council: Lisa Flores.
BILL B-3 INTRODUCED AND LAID OVER
RESOLUTION 2022-056 ADOPTED
RESOLUTION 2022-057 ADOPTED
On motion of Council President Esparza, seconded by
Councilmember Chavez, the above Action Item was ADOPTED. The motion carried by the following vote:
Aye: Esparza, Maxwell, Soria, Arias, Chavez and Bredefeld6 -
Absent: Karbassi1 -
4. CITY COUNCIL
5. CLOSED SESSION
Upon call, there was no public comment for Closed Session items and City Council adjourned into Closed Session at 3:32 P.M.
During open session, City Attorney Sloan announced each of the Closed Session items listed on the agenda and stated there would be nothing to announce following Closed Session.
5.-A. ID 22-319 CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Government Code Section 54956.8
Property: 1343 E. Barstow;
Negotiating Parties: City Manager, Wesley United Methodist Church; Under Negotiation: Price and terms of sale or lease.
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February 17, 2022City Council Meeting Minutes
DISCUSSED
5.-B. ID 22-305
CONFERENCE WITH LEGAL COUNSEL - DECIDING WHETHER TO
INITIATE LITIGATION Government Code Section 54956.9, subdivision (d) (4)
Case Name: City of Fresno v. Siegfried Engineering, Inc.
DISCUSSED
5.-C. ID 22-312
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)
DISCUSSED
ADJOURNMENT
Adjourned from closed session at 4:42 P.M. in memory of retired City Clerk Rebecca (Becky) Klisch.
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Thursday, February 17, 2022
9:00 AM
City of Fresno
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
In Person and 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 Minutes
Special Meeting
February 17, 2022City Council Meeting Minutes
The City Council for the City of Fresno convened in special session on February 17, 2022 at 9:00 A.M.
This special meeting was heard by Council concurrently with the regular meeting scheduled for the same date and time.
ROLL CALL
Council President Esparza called the meeting to order at 9:03 A.M.
Council President Nelson Esparza
Vice President Tyler Maxwell
Councilmember Esmeralda Z. Soria
Councilmember Mike Karbassi
Councilmember Miguel Angel Arias
Councilmember Luis Chavez
Councilmember Garry Bredefeld
Present: 7 -
APPROVE AGENDA
AGENDA APPROVED
On motion of Councilmember Arias, seconded by Vice President Maxwell,the agenda was APPROVED. The motion carried by the following vote:
Aye: Esparza, Maxwell, Soria, Karbassi, Arias, Chavez and Bredefeld
7 -
ID 22-334 Notice of Special Meeting - Signed
OPEN SESSION
The below items (ID 22-332 and ID 22-333) were presented to Council by City Manager White and the two items were taken together under one motion and vote. City Manager White and Assistant City Manager Barfield responded to questions.
Upon call, the following members of the public addressed Council on these items: Brandi Nuse-Villegas, Marisa Moraza, Alexandra Alvarado, Lisa Flores, and Ruben Espinoza.
Discussion on these items included the following: setting aside one time funds for neighborhood improvements across the city; debt on existing fleet; City of Fresno ***Subject to Mayoral Veto Page 2
February 17, 2022City Council Meeting Minutes
business corridor support funds; community sanitation funds for media islands in the city; timeline on returning to council; rent relief programs for small business impacted by Covid-19; funding for homeless projects; and workshops and community meetings related to ARPA funds.
ID 22-332 ***Consider the 54th amendment to the Annual Appropriation Resolution (AAR) to appropriate FY 2022 General Fund surplus to various departments and purposes (requires 5 affirmative votes) (subject to veto).
RESOLUTION 2022-058 ADOPTED
On motion of Councilmember Chavez, seconded by Councilmember Arias, the above Action Item was ADOPTED. The motion carried by the following vote:
Aye: Esparza, Maxwell, Soria, Arias and Chavez5 -
Absent: Karbassi and Bredefeld2 -
ID 22-333 ***Consider the 55th amendment to the Annual Appropriation Resolution (AAR) to appropriate American Rescue Plan Act (ARPA) funds to various departments and purposes (requires 5 affirmative votes) (subject to veto).
RESOLUTION 2022-059 ADOPTED
On motion of Councilmember Chavez, seconded by Councilmember Arias, the above Action Item was ADOPTED. The motion carried by the following vote:
Aye: Esparza, Maxwell, Soria, Arias and Chavez5 -
Absent: Karbassi and Bredefeld2 -
ADJOURNMENT
Adjourned from closed session in memory of retired City Clerk Rebecca (Becky) Klisch at 4:42 P.M.
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