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City Council

Regular Meeting

Fresno, CA · February 10, 2022

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Minutes

City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Meeting Minutes - Final Thursday, February 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 City Council Meeting Minutes - Final February 10, 2022 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 Present: 7 - 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 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: City of Fresno ***Subject to Mayoral Veto Page 2 City Council Meeting Minutes - Final February 10, 2022 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: 7 - Esparza, Maxwell, Soria, Karbassi, Arias, Chavez and Bredefeld 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 City Council Meeting Minutes - Final February 10, 2022 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 City Council Meeting Minutes - Final February 10, 2022 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: 7 - Esparza, Maxwell, Soria, Karbassi, Arias, Chavez and Bredefeld 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 City Council Meeting Minutes - Final February 10, 2022 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 City of Fresno ***Subject to Mayoral Veto Page 6 City Council Meeting Minutes - Final February 10, 2022 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 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 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 P21-00192 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 City Council Meeting Minutes - Final February 10, 2022 (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 City Council Meeting Minutes - Final February 10, 2022 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: 7 - Esparza, Maxwell, Soria, Karbassi, Arias, Chavez and Bredefeld 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 City Council Meeting Minutes - Final February 10, 2022 Arias, the above Action Item was ADOPTED. The motion carried by the following vote: Aye: 5 - Esparza, Maxwell, Soria, Arias and Chavez Absent: 2 - Karbassi and Bredefeld 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 - Bredefeld, Arias, Soria 2. Budget Sub-Committee (Leadership) - Soria, Bredefeld, Esparza 3. Cannabis Ad Hoc Committee - Arias (Chair), Esparza, Karbassi 4. CDBG Sub-committee - (Pertaining to Housing and addressing the allocation of Funds) -Maxwell, Soria, Arias. 5. Census/Redistricting Ad Hoc Committee - Esparza, Arias, Maxwell City of Fresno ***Subject to Mayoral Veto Page 10 City Council Meeting Minutes - Final February 10, 2022 6. Council of Governments - Mayor Dyer-Ex-Officio, Soria 7. COVID Program Subcommittee - Arias (Chair), Karbassi, Soria 8. Economic Development Corporation Serving Fresno County - Karbassi-Ex-Officio, City Manager Esqueda and (Chavez- Alternate) 9. Enterprise & Construction Management - Chavez, Bredefeld (Alternate) 10. Finance and Audit Committee - Esparza- Chair, Bredefeld-Vice Chair, Arias 11. Fresno Area Workforce Investment Corporation - Karbassi 12. Fresno County Transportation Authority (FCTA) - Mayor Dyer-Ex-Officio, Soria 13. Fresno County Zoo Authority - Mayor Dyer-Ex-Officio, Arias (Alternate) 14. Fresno EIFD Public Financing Authority - Esparza (Chair), Arias (Vice Chair), Soria 15. Fresno Madera Area Agency on Aging Board - Chavez 16. Fresno Regional Workforce Development Board -Karbassi 17. Homeless (HEAP Funding Plan) Sub-Committee - Soria, Bredefeld, Arias 18. Joint Powers Financing Authority - Bredefeld (Chair), Mayor Dyer, Esparza 19. League of California Cities (Annual Meeting) - Arias (Maxwell- Alternates) 20. Lobbyist Committee- Soria, Chavez, and Esparza 21. Measure P Sub-Committee - Maxwell, Arias, Soria 22. North Kings Groundwater Sustainability Agency (GSA) Joint Powers Authority - Mayor Dyer (Michael Carbajal, Tim Orman - Alternates) 23. PLA Sub-committee - Esparza, Arias, Soria City of Fresno ***Subject to Mayoral Veto Page 11 City Council Meeting Minutes - Final February 10, 2022 24. San Joaquin River Conservancy Board - Mayor Dyer-Ex-Officio, (Karbassi-Alternate) 25. San Joaquin Valley Special City Selection Committee - Primary Representative-Arias, Alternate Representative-Vacant 26. School Liaison Sub-Committee - Esparza (Chair), Karbassi, Bredefeld 27. Street2Home Fresno County Board - Arias 28. The Local Mobile Food Vendor Association Committee - Chavez, Arias, Soria 29. Transportation Sub-Committee - Arias, Maxwell, Soria 30. Upper Kings Basin Integrated Regional Water Management JPA - Vacant (Brock Burche and Chavez - Alternates) 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 City Council Meeting Minutes - Final February 10, 2022 Bredefeld, the above Action Item was ADOPTED AS AMENDED. The motion carried by the following vote: Aye: 7 - Esparza, Maxwell, Soria, Karbassi, Arias, Chavez and Bredefeld 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: City of Fresno ***Subject to Mayoral Veto Page 13 City Council Meeting Minutes - Final February 10, 2022 Aye: 7 - Esparza, Maxwell, Soria, Karbassi, Arias, Chavez and Bredefeld 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 City of Fresno ***Subject to Mayoral Veto Page 14 City Council Meeting Minutes - Final February 10, 2022 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: 4 - Esparza, Maxwell, Soria and Arias No: 2 - Karbassi and Bredefeld Absent: 1 - Chavez 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 City of Fresno ***Subject to Mayoral Veto Page 15 City Council Meeting Minutes - Final February 10, 2022 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 City of Fresno ***Subject to Mayoral Veto Page 16 City Council Meeting Minutes - Final February 10, 2022 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 City of Fresno ***Subject to Mayoral Veto Page 17 City Council Meeting Minutes - Final February 10, 2022 Adjourned from Closed Session at 7:02 P.M. City of Fresno ***Subject to Mayoral Veto Page 18

Agenda

City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Meeting Agenda - Final Thursday, February 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 White City Attorney - Douglas T. Sloan City Clerk - Todd Stermer, CMC City Council Meeting Agenda - Final February 10, 2022 PUBLIC ADVISORY: THE FRESNO CITY COUNCIL WELCOMES YOU TO CITY COUNCIL CHAMBERS, LOCATED IN CITY HALL, 2ND FLOOR, 2600 FRESNO STREET, FRESNO, CALIFORNIA 93721. You can also participate in the meeting on our City’s website click on the URL https://fresno.legistar.com/Calendar.aspx and click on the “In progress” link under “video” for the corresponding meeting. The Council meeting can also be viewed live at 9:00 A.M. on Comcast Channel 96 and AT&T Channel 99. The City Council Chambers are open for public participation. However, members of the public are encouraged to participate electronically because of reduced capacity of seating in the Chambers to allow for social distancing, and masks will be required for the vaccinated and unvaccinated. PUBLIC COMMENT: The following options are available for members of the public who want to address City Council: 1. eComment at https://fresno.legistar.com/Calendar.aspx. a) eComments is a tool for citizens to use to make comments on agenda items. It will be open during the Council meeting and closed at the end of the meeting and will be a part of the official record. The User Agreement and Procedures document for eComment can be accessed by the URL https://www.fresno.gov/cityclerk/ b) eComments will be a maximum of 450 words. OR 2. You are invited to a Zoom webinar. When: February 10, 2022 9:00 AM Pacific Time (US and Canada) Topic: February 10, 2022 Regular Meeting a) Register in advance for this webinar: https://zoom.us/webinar/register/WN_OKNT3tWqSLKnxhJBMWdlIA 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, City of Fresno ***Subject to Mayoral Veto Page 2 City Council Meeting Agenda - Final February 10, 2022 click on the icon labeled “Participants” at the bottom center of your PC or Mac screen. At the bottom of the window on the right side of the screen, click the icon labeled “RaiseHand”. Your digital hand will now be raised. d) Those addressing Council must state their name for the record. e) To facilitate electronic access, no person shall speak until recognized by the Presiding Officer. OR 3. Email: to 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. City of Fresno ***Subject to Mayoral Veto Page 3 City Council Meeting Agenda - Final February 10, 2022 9:15 A.M. ROLL CALL Invocation by Reverend Ana Maria Ten Bears Lopez from New Thought Community Pledge of Allegiance to the Flag APPROVE AGENDA CEREMONIAL PRESENTATIONS ID 22-240 Proclamation Honoring Central High Varsity Competition Cheer “NCA National Champions” Sponsors: Councilmember Soria ID 22-165 Proclamation for “World Day of Remembrance for Road Traffic Victims” Sponsors: Councilmember Karbassi ID 22-291 Proclamation for “Black History Month” Sponsors: Council President Esparza ID 22-294 Announcement of Winter Employee of the Quarter (EOQ) Recipients Sponsors: Office of the City Clerk 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 1. CONSENT CALENDAR 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. Sponsors: Office of the City Clerk City of Fresno ***Subject to Mayoral Veto Page 4 City Council Meeting Agenda - Final February 10, 2022 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 Partners in the amount of $348,762.83 for support services for Oracle databases Sponsors: Information Services Department 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). Sponsors: City Attorney's Office 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). Sponsors: Department of Public Utilities 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. Sponsors: Department of Public Utilities 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) Sponsors: Office of Mayor & City Manager City of Fresno ***Subject to Mayoral Veto Page 5 City Council Meeting Agenda - Final February 10, 2022 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). Sponsors: Parks, After School and Recreation and Community Services Department 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). Sponsors: Personnel Services Department 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). Sponsors: Personnel Services Department 1.-J. ID 22-201 Reject all bids for Ready Mix Concrete material requirements contract (Bid File 9619) Sponsors: Public Works Department City of Fresno ***Subject to Mayoral Veto Page 6 City Council Meeting Agenda - Final February 10, 2022 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 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 Sponsors: Public Works Department 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 P21-00192 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 Sponsors: Public Works Department 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 (PG&E) not to exceed $1,757,712.19 City of Fresno ***Subject to Mayoral Veto Page 7 City Council Meeting Agenda - Final February 10, 2022 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% Sponsors: Public Works Department, Parks, After School and Recreation and Community Services Department 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). Sponsors: Public Works Department 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). Sponsors: Councilmember Chavez, Council President Esparza and Councilmember Arias 1.-P. ID 22-270 RESOLUTION - In support of Bryn Forhan’s reappointment to the San Joaquin River Conservancy Board Sponsors: Council President Esparza 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 City of Fresno ***Subject to Mayoral Veto Page 8 City Council Meeting Agenda - Final February 10, 2022 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 City of Fresno ***Subject to Mayoral Veto Page 9 City Council Meeting Agenda - Final February 10, 2022 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 Sponsors: Council President Esparza CONTESTED CONSENT CALENDAR 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). Sponsors: Office of the City Clerk 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). Sponsors: Office of the City Clerk 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 City of Fresno ***Subject to Mayoral Veto Page 10 City Council Meeting Agenda - Final February 10, 2022 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) Sponsors: Public Works Department 3. GENERAL ADMINISTRATION 3.-A. ID 22-225 ***RESOLUTION - Adopting a Residential Speed Hump Policy (Citywide) (Subject to Mayor’s Veto). Sponsors: Public Works Department 3.-B. ID 22-237 WORKSHOP - SB 1383 Updates Sponsors: Department of Public Utilities 3.-C. ID 22-94 WORKSHOP - Proposed ARPA Expenditure Plan Sponsors: Office of Mayor & City Manager 3.-D. ID 22-273 WORKSHOP - FY2022 Mid-Year Budget Review Sponsors: Office of Mayor & City Manager 4. CITY COUNCIL 5. 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. Sponsors: City Attorney's Office 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 Sponsors: City Attorney's Office City of Fresno ***Subject to Mayoral Veto Page 11 City Council Meeting Agenda - Final February 10, 2022 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. Sponsors: City Attorney's Office 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. Sponsors: Vice President Maxwell 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 Sponsors: Councilmember Arias 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 City of Fresno ***Subject to Mayoral Veto Page 12 City Council Meeting Agenda - Final February 10, 2022 Engineers, Local Union No. 3, Fresno Airport Public Safety Officers (FAPSO) Sponsors: Personnel Services Department 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 17, 2022 - 9:00 A.M. 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. City of Fresno ***Subject to Mayoral Veto Page 13 City Council Meeting Agenda - Final February 10, 2022 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. City of Fresno ***Subject to Mayoral Veto Page 14

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