City of Fresno

2600 Fresno Street

Fresno, CA 93721

www.fresno.gov

Meeting Agenda - Final

Thursday, March 10, 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 A. 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: 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,

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.

9:0 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

ID 22-241

Proclamation for “International Sikh Women’s Day (March 7)”

Councilmember Soria

Sponsors:

ID 22-242

Proclamation Honoring Justin Garza Traditional Competition

Cheer Team “Universal Cheerleaders Association National

High School Cheerleading Championship”

Councilmember Soria

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 22-471

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.

1. CONSENT CALENDAR

1.-A. ID 22-306

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.

Office of the City Clerk

Sponsors:

1.-B. ID 22-63

Actions related to Amendment No. 14 to the Engineering and

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)

Airports Department

Sponsors:

1.-C. ID 22-415

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)

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.

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.

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.

Approve authority for the City Attorney to sign the

contracts.

City Attorney's Office

Sponsors:

1.-D. ID 22-340

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).

Department of Transportation

Sponsors:

1.-E. ID 22-365

***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).

Department of Public Utilities

Sponsors:

1.-F. ID 22-360

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).

Department of Public Utilities

Sponsors:

1.-G. ID 22-361

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).

Department of Public Utilities

Sponsors:

1.-H. ID 22-363

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).

Department of Public Utilities

Sponsors:

1.-I. ID 22-385

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.

Department of Public Utilities

Sponsors:

1.-J. ID 22-362

***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).

Department of Public Utilities

Sponsors:

1.-K. ID 22-374

***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).

Information Services Department

Sponsors:

1.-L. ID 22-403

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.

Office of Mayor & City Manager

Sponsors:

1.-M. ID 22-413

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

Office of Mayor & City Manager

Sponsors:

1.-N. ID 22-384

***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).

Parks, After School and Recreation and Community Services

Department

Sponsors:

1.-O. ID 22-383

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

Planning and Development Department

Sponsors:

1.-P. ID 22-373

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.

Police Department

Sponsors:

1.-Q. ID 22-386

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)

Police Department

Sponsors:

1.-R. ID 22-325

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).

Public Works Department

Sponsors:

1.-S. ID 22-341

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).

Public Works Department and Fire Department

Sponsors:

1.-T. ID 22-05

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)

Public Works Department

Sponsors:

1.-U. ID 22-381

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

Public Works Department

Sponsors:

1.-V. ID 22-376

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

Public Works Department

Sponsors:

1.-W. ID 22-324

***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).

Public Works Department

Sponsors:

1.-X. ID 22-402

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

cut-off of M street and Inyo Street

Public Works Department

Sponsors:

1.-Y. ID 22-421

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).

Councilmember Bredefeld

Sponsors:

1.-Z. ID 22-410

BILL (for introduction) - Amending Section 12-4.1603 of the

Fresno Municipal Code, relating to fee waiver program for

certain residential infill projects.

Councilmember Arias

Sponsors:

ID 22-420

***RESOLUTION - Regarding nondisclosure agreements

(Subject to Mayor’s Veto).

-AA.

Councilmember Arias

Sponsors:

ID 22-423

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

-BB.

Councilmember Arias

Sponsors:

ID 22-416

***RESOLUTION - Prioritizing certain infrastructure General

Fund and ARPA Funded Projects (Subject to Mayor’s Veto).

-CC.

Council President Esparza

Sponsors:

ID 22-389

***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).

-DD.

Council President Esparza

Sponsors:

CONTESTED CONSENT CALENDAR

2. SCHEDULED COUNCIL HEARINGS AND MATTERS

10:05 A.M.

ID 22-232

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)

Public Works Department

Sponsors:

3. GENERAL ADMINISTRATION

3.-A. ID 22-412

Progress of Code Enforcement, including ASET Quarterly

report.

City Attorney's Office

Sponsors:

4. CITY COUNCIL

5. CLOSED SESSION

5.-A. ID 22-399

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

City Attorney's Office

Sponsors:

5.-B. ID 22-400

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.

City Attorney's Office

Sponsors:

5.-C. ID 22-335

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Government Code Section 54956.8

Property: APN 468-400-54T

Negotiating Parties: City Manager White, Prosperous Terra,

LLC. (Ruelas, Inc.)

Under Negotiation: Price and terms of sale.

Councilmember Arias

Sponsors:

5.-D. ID 22-411

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.

Office of Mayor & City Manager

Sponsors:

5.-E. ID 22-418

CONFERENCE WITH LEGAL COUNSEL - PUBLIC

SECURITY - Government Code Section 54957(a): Discuss

security of City Hall.

Office of Mayor & City Manager

Sponsors:

5.-F. ID 22-369

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

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

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 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.

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