City of Fresno

2600 Fresno Street

Fresno, CA 93721

www.fresno.gov

Meeting Agenda - Final-revised

Thursday, February 17, 2022

9:00 AM

Regular Meeting

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 White

City Attorney - Douglas T. Sloan

City Clerk - Todd Stermer, CMC

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.

2. You are invited to a Zoom webinar.

When: February 17, 2022 9:00 AM Pacific Time (US and Canada)

Topic: February 17, 2022 Regular Meeting

a) Register in advance for this webinar:

https://zoom.us/webinar/register/WN_caKy6uA0SbGn76qy5YpCFg

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,

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.

3. Email: to clerk@fresno.gov

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 clerk@fresno.gov. 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.

9:00 A.M. ROLL CALL

Invocation

Pledge of Allegiance to the Flag

APPROVE AGENDA

CEREMONIAL PRESENTATIONS

ID 22-300

Proclamation for “Summer Gaston Day” in the City of Fresno

Councilmember Chavez

Sponsors:

ID 22-320

Proclamation for “Teen Dating Violence Awareness Month”

Council President Esparza

Sponsors:

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

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

1.-A. ID 22-230

Approve a consultant services agreement with Unison

Consulting, Inc., to provide professional services for creating

and establishing a Tenant Handbook at the Fresno Yosemite

International Airport in an amount not to exceed $50,000.

(Council District 4)

Airports Department

Sponsors:

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).

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

Department of Transportation

Sponsors:

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 FY22 purchase will be 15 motorcycles in

the amount of $421,844.37 (Bid File 9626)

Department of Transportation

Sponsors:

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)

Department of Transportation

Sponsors:

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

Department of Transportation

Sponsors:

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).

Department of Transportation

Sponsors:

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).

Department of Public Utilities

Sponsors:

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)

Department of Public Utilities

Sponsors:

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).

Office of Mayor & City Manager

Sponsors:

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).

Office of Mayor & City Manager

Sponsors:

1.-L. ID 22-288

***RESOLUTION - Adopt the Fourteenth Amendment to FY

2022 Salary 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).

Personnel Services Department

Sponsors:

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).

Personnel Services Department

Sponsors:

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)

Personnel Services Department

Sponsors:

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)

Personnel Services Department and Office of Mayor & City

Manager

Sponsors:

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.

Planning and Development Department

Sponsors:

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)

Planning and Development Department

Sponsors:

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

$3,000,000 upon full award of tax credit funding for the

Project. (Subject to Mayor’s Veto)

Planning and Development Department

Sponsors:

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)

Public Works Department

Sponsors:

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

Public Works Department

Sponsors:

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)

Public Works Department

Sponsors:

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

Public Works Department

Sponsors:

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 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

Public Works Department

Sponsors:

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)

Public Works Department

Sponsors:

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)

Public Works Department

Sponsors:

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.

Councilmember Arias

Sponsors:

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).

-AA.

Councilmember Chavez

Sponsors:

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).

-BB.

Council President Esparza

Sponsors:

ID 22-313

***RESOLUTION - To Pursue the Formation of a Veterans

Memorial District in the City of Fresno (Subject to Mayor’s

Veto).

-CC.

Councilmember Chavez, Council President Esparza and

Councilmember Arias

Sponsors:

CONTESTED CONSENT CALENDAR

2. SCHEDULED COUNCIL HEARINGS AND MATTERS

3. GENERAL ADMINISTRATION

3.-A. ID 22-219

WORKSHOP - Pavement Management Presentation

Public Works Department

Sponsors:

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 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)

Department of Public Utilities

Sponsors:

4. CITY COUNCIL

5. 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.

Vice President Maxwell

Sponsors:

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.

City Attorney's Office

Sponsors:

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)

Personnel Services Department

Sponsors:

ADJOURNMENT

UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS

March 10, 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).

March 10, 2022

10:05 A.M. #1 - Proposed vacation of the most northerly corner cut-off at M Street

and Inyo Street.

March 10, 2022

10:05 A.M. #2 - Proposed vacation of a portion of East Kaviland Avenue at South

Rose 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

FEBRUARY 24, 2022 - NO MEETING

MARCH 3, 2022 - NO MEETING

MARCH 10, 2022 - 9:00 A.M.

MARCH 17, 2022 - NO MEETING

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)