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City Council

Regular Meeting

Fresno, CA · February 9, 2023

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Minutes

City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Meeting Minutes - Final City Council President - Tyler Maxwell Vice President - Annalisa Perea Councilmembers: Mike Karbassi, Miguel Angel Arias, Luis Chavez, Garry Bredefeld, Nelson Esparza City Manager - Georgeanne A. White City Attorney - Andrew Janz City Clerk - Todd Stermer, CMC Thursday, February 9, 2023 9:00 AM Council Chambers (In Person and/or Electronic) Regular Meeting The City Council met in regular session in the Council Chamber, City Hall, on the date and time above written. 9:02 A.M. ROLL CALL Present: 7 - Councilmember Nelson Esparza Council President Tyler Maxwell Vice President Annalisa Perea Councilmember Mike Karbassi Councilmember Miguel Angel Arias Councilmember Luis Chavez Councilmember Garry Bredefeld Invocation by Dr. Sigrid Horton, Assistant Minister from Our Saviour’s Lutheran Church Dr. Sigrid Horton gave the invocation. Pledge of Allegiance to the Flag Councilmember Bredefeld led the Pledge of Allegiance. APPROVE AGENDA City Clerk Stermer announced the following changes to the agenda: Consent Calendar item 1-H (ID 23-241) regarding agreement with the City of Fresno ***Subject to Mayoral Veto Page 1 City Council Meeting Minutes - Final February 9, 2023 Economic Development Corporation serving Fresno County (EDC) – the following correction was read into the record: the amount of the agreement in the staff report should read $175,000, not $150,000. Consent Calendar Item 1-CC (ID 23-280) regarding the summary vacation of access right restrictions on the northwest corner of East Copper and North Maple Avenues – an updated resolution was received with additional language stating the resolution was subject to mayoral veto. Councilmember Bredefeld registered a no vote on Consent Calendar 1-K (ID 23-49) regarding the consultant agreement with Byrne Software Technologies, Inc. THE FOLLOWING ITEMS WERE REMOVED FROM THE AGENDA AND TABLED TO THE NEXT MEETING, FEBRUARY 23, 2023 Consent Calendar item 1-A (ID 23-161) regarding approval of the minutes from January 19, 2023 – removed from the agenda and tabled to February 23, 2023, by staff. Consent Calendar item 1-B (ID 23-106) regarding the 575th Amendment to the Master Fee Schedule – removed from the agenda and tabled to February 23, 2023, by Councilmember Karbassi and Councilmember Arias. THE FOLLOWING CONSENT CALENDAR ITEMS WERE MOVED TO THE CONTESTED CONSENT CALENDAR FOR FURTHER DISCUSSION 1-G (ID 23-111) regarding American Rescue Plan Act funding to the Fresno Area Hispanic Foundation – moved to Contested Consent by Vice President Perea. 1-H (ID 23-241) regarding agreement with the Economic Development Corporation serving Fresno County (EDC) – moved to Contested Consent by Councilmember Arias. 1-I (ID 23-155) regarding the 2021 SAFER Grant – moved to Contested Consent by Vice President Perea. City of Fresno ***Subject to Mayoral Veto Page 2 City Council Meeting Minutes - Final February 9, 2023 1-J (ID 23-224) regarding the Requirements Contract with American Guard for security services – moved to Contested Consent by Councilmember Arias. 1-N (ID 23-91) regarding establishing a Community Benefits Fund and expenditure plan – moved to Contested Consent by Councilmember Arias. 1-U (ID 23-227) regarding the 3rd amendment to the consultant services agreement with Carollo Engineers, Inc. – moved to Contested Consent by Councilmember Arias. On motion of Councilmember Karbassi, seconded by Vice President Perea, the agenda was APPROVED AS AMENDED. The motion carried by the following vote: Aye: 7 - Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld CEREMONIAL PRESENTATIONS ID 23-265 Proclamation for “Mid Valley - Recycler of The Year” PRESENTED ID 23-151 Proclamation for “Heart Month” PRESENTED ID 23-158 Proclamation for “Teen Dating Violence Awareness Month.” PRESENTED ID 23-185 Proclamation for “African American History Month: Black Resistance a Journey to Equality” PRESENTED ID 23-160 Announcement of Winter Employee of the Quarter (EOQ) Recipients PRESENTED COUNCILMEMBER REPORTS AND COMMENTS Councilmember Karbassi Reports and Comments. Met with the Fresno City of Fresno ***Subject to Mayoral Veto Page 3 City Council Meeting Minutes - Final February 9, 2023 Unified School District Trustee for Area 7 to discuss Safe Routes to School and activities for children. Recognized Oakland Mayor, Sheng Thao, as the first Hmong Mayor. Discussed a river cleanup event held by River Alive Club. Spoke on the importance of a Farm Bureau class recently held at City Hall. Held a meeting with the administration and Public Works and expressed excitement for upcoming projects. Discussed recent prank calls which caused lockdowns at Clovis West High School and the response by the authorities. Reported his request to close the warming center at the Pinedale Community Center due to incidents with students at Pinedale Elementary School. Councilmember Arias Reports and Comments. Discussed plans to utilize hotels in the Parkway neighborhood for transitional temporary housing for the homeless. Reported that the responsibility to house the homeless belonged to the County of Fresno and the County was failing that responsibility. Requested the administration discuss with the Chief County Administrator the plan to re-house people impacted by the closing the Crossroads rapid re-housing site. Councilmember Esparza Reports and Comments. Discussed Beautify Fresno cleanup events at Lafayette Park and around the Hidalgo Elementary School neighborhood. Reported on a blood drive co-hosted with SEIU 521 and other elected officials. Announced the Fresno Women's Commission was taking applications to award seventeen scholarships of $500 each. Vice President Perea Reports and Comments. Acknowledged the Mayor and Public Works Department for quick responses to pothole issues. District 1 partnered with Beautify Fresno to clean up neighborhoods and collected about 3,400 lbs of trash. Acknowledged the Central Policing Unit for hosting Coffee with a Cop at Alchemist Coffee Lab. Announced the 25th Annual Mardi Gras Parade in the Tower District. Council President Maxwell Reports and Comments. Reported that a neighborhood in District 4 finally had its streets repaved after 57 years with 1.8 million dollars in Community Development Block Grant funding. Announced the Fresno Animal Shelter had programs available for $20 spay City of Fresno ***Subject to Mayoral Veto Page 4 City Council Meeting Minutes - Final February 9, 2023 / neutering of dogs and free spay / neutering of cats. Reported on the groundbreaking of the International Food Court at the Vision View Business Center. Announced the Youth Fee Waiver Program to help children participate in youth sports at a reduced rate. Discussed the grand opening of the Big Brothers, Big Sisters facility in District 4. MAYOR/MANAGER REPORTS AND COMMENTS City Manager White Reports and Comments. Announced the credit rating for the City of Fresno had been upgraded by Moody's. There was an overwhelming response from the public for the Fresno Animal Shelter spay and neuter program. Reported the County of Fresno was required to have a relocation plan for the closing of the Crossroads rapid re-housing site. Acknowledged all the Employee of the Quarter recipients for their excellent work. Mayor Dyer Reports and Comments. Discussed the groundbreaking of Light House, a women and children's shelter. Reported on the Beautify Fresno cleanup recently held in District 1 which collected 3,400 lbs of trash. Announced his attendance at the Bitwise Digital Empowerment Center launch event. Met with IRS leaders to discuss housing and transportation needs of IRS employees in the City of Fresno. UNSCHEDULED COMMUNICATION Upon call for unscheduled communication and public comment on Consent Calendar, Contested Consent Calendar and Closed Session items, the following members of the public addressed Council: Fernando Elizando; Sam Frank; Thomas Martin (1-N); Jose Luis Barraza (1-G); Jose Leon Barraza (1-G); Jordan Sanchez (1-G); Dez Martinez; Cindy Piombino; Robert McCloskey; Arnold Minor; Linda Ballard; Nasir; Ivanka Saunders (1-H & 1-N); Lisa Flores; Brandi Nuse-Villegas, and Yunus Palos. 1. CONSENT CALENDAR APPROVAL OF THE CONSENT CALENDAR On motion of Councilmember Esparza, seconded by Councilmember Arias, the CONSENT CALENDAR was hereby adopted by the following vote: Aye: 6 - Esparza, Maxwell, Perea, Arias, Chavez and Bredefeld City of Fresno ***Subject to Mayoral Veto Page 5 City Council Meeting Minutes - Final February 9, 2023 Absent: 1 - Karbassi 1.-A. ID 23-161 Approval of Minutes for January 19, 2023, Regular Meeting The above item was tabled to February 23, 2023, by staff. TABLED 1.-B. ID 23-106 ***RESOLUTION - Adopting the 575th Amendment to the Master Fee Schedule Resolution No. 80-420 to Add, Adjust, Move, Revise or Delete Various Fees (Subject to Mayor’s veto). The above item was tabled to February 23, 2023, by Councilmember Karbassi and Councilmember Arias. TABLED 1.-C. ID 23-228 Approve the appointment of Isaiah Green (Resident of District 4) to the Fresno Housing Authority for a term ending April 30, 2026. APPROVED ON THE CONSENT CALENDAR 1.-D. ID 23-250 Approve the Second Amendment to the Animal Control Services Agreement between the City of Fresno and Fresno Humane Animal Services to allow the City to advance a second one-time payment of $300,000 for a total of $600,000 for future reimbursements (cash account.) APPROVED ON THE CONSENT CALENDAR 1.-E. ID 23-219 Approve a consultant services agreement with RS&H California, Inc., to provide professional airport planning and environmental consulting services to prepare and implement an Air Traffic Control Tower Replacement Work Plan for Fresno Yosemite International Airport in the amount of $362,585 (Council District 4) APPROVED ON THE CONSENT CALENDAR 1.-F. ID 23-231 Approve a consultant services agreement with JSA Inspections & Consulting in an amount not to exceed $200,000, to provide professional inspection, testing, and consultant services for potentially hazardous materials (lead-based paint and asbestos containing materials) as well as supervision of removal of hazardous materials for demolitions of dangerous structures conducted by Code Enforcement APPROVED ON THE CONSENT CALENDAR 1.-K. ID 23-49 Approve Consultant Services Agreement with Byrne Software Technologies, Inc. (Byrne) in an amount not to exceed $70,000 for City of Fresno ***Subject to Mayoral Veto Page 6 City Council Meeting Minutes - Final February 9, 2023 Cannabis Module Implementation Services. Councilmember Bredefeld registered a "no" vote on the above item. As such, this item was APPROVED 5-1. by the following vote: Aye: 5 - Perea, Arias, Maxwell, Chavez, Esparza No: 1 - Bredefeld Absent: 1 - Karbassi APPROVED ON THE CONSENT CALENDAR 1.-L. ID 23-50 Approve Project Change Request to the agreement with Tyler Technologies for implementation and hosting of Financials, Human Capital Management and Utility Billing software. No additional funding is requested. APPROVED ON THE CONSENT CALENDAR 1.-M. ID 23-226 Approve a cooperative purchase agreement with DLT Solutions using a Maricopa County, AZ contract through OMNIA Partners for support services for Oracle databases in the amount of $368,176.56. APPROVED ON THE CONSENT CALENDAR 1.-O. ID 23-154 RESOLUTION - Approving the Final Map of Tract No. 5388, and accepting dedicated public uses offered therein except for dedications offered subject to City acceptance of developer installed required improvements - located at the intersection of North Salinas Avenue and West San Jose Avenue (Council District 2) RESOLUTION 2023-028 ADOPTED APPROVED ON THE CONSENT CALENDAR 1.-P. ID 23-195 RESOLUTION - Of Intention to Annex Final Tract Map No. 6299 as Annexation No. 137 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 30, 2023 at 10:00 am (southeast corner of East Belmont Avenue and North Armstrong Avenue) (Council District 5) RESOLUTION 2023-029 ADOPTED APPROVED ON THE CONSENT CALENDAR 1.-Q. ID 23-196 RESOLUTION - Of Intention to Annex Final Tract Map No. 6299 as Annexation No. LS003 to the City of Fresno Community Facilities District No. 17 and to Authorize the Levy of Special City of Fresno ***Subject to Mayoral Veto Page 7 City Council Meeting Minutes - Final February 9, 2023 Taxes; and setting the public hearing for Thursday, March 30, 2023 at 10:05 am (southeast corner of East Belmont Avenue and North Armstrong Avenue) (Council District 5) RESOLUTION 2023-030 ADOPTED APPROVED ON THE CONSENT CALENDAR 1.-R. ID 23-197 Approve the Second Amendment to the Consultant Services Agreement with UltraSystems Environmental Inc., of Irvine, California in the amount of $32,716, for a total increased contract amount of $146,269, for professional environmental services and preparation of technical memos for the McKinley Avenue Widening Project between Marks Avenue and Hughes Avenue (Council District 3) APPROVED ON THE CONSENT CALENDAR 1.-S. ID 23-213 ***RESOLUTION - Authorizing submission of a 2022 Urban Community Drought Relief Grant Program application to the California Department of Water Resources for the Expanded Lawn to Garden Water Conservation Rebate Program, and authorizing the Director of Public Utilities or designee to accept grant funds and execute all application and grant agreement documents on behalf of the City of Fresno (Citywide) (Subject to Mayor’s Veto) RESOLUTION 2023-031 ADOPTED APPROVED ON THE CONSENT CALENDAR 1.-T. ID 23-215 Actions pertaining to the submission of grant applications for the Environmental Protection Agency (EPA) Grant Program: 1. ***RESOLUTION - Authorizing the submission of a Consumer Recycling Education and Outreach Grant Program application to the EPA for the development and execution of an education and outreach plan and authorizing the Director of Public Utilities or designee to accept grant funds and execute all application and grant agreement documents on behalf of the City of Fresno (Citywide) (Subject to Mayor’s Veto) 2. ***RESOLUTION - Authorizing the submission of a Solid Waste Infrastructure for Recycling Grant Program application to the EPA for the purpose of purchasing side loader collection trucks and cameras, and authorizing the Director of Public Utilities or designee to accept grant funds and execute all application and grant agreement documents on behalf of the City of Fresno (Citywide) (Subject to Mayor’s Veto) RESOLUTION 2023-032 ADOPTED City of Fresno ***Subject to Mayoral Veto Page 8 City Council Meeting Minutes - Final February 9, 2023 RESOLUTION 2023-033 ADOPTED APPROVED ON THE CONSENT CALENDAR 1.-V. ID 23-264 Approve the reappointment of Edward Saliba to the Fresno-Madera Area Agency on Aging Board for a term ending January 2, 2024. APPROVED ON THE CONSENT CALENDAR 1.-W. ID 23-102 Approve the reappointment of Steven Bradley to the Bicycle and Pedestrian Advisory Committee (BPAC) for a term ending February 9, 2026 APPROVED ON THE CONSENT CALENDAR 1.-X. ID 23-136 Approve the appointment of Vivian Del Toro to the Friends of Fancher Creek Committee to a term which serves at the pleasure of the Councilmember. APPROVED ON THE CONSENT CALENDAR 1.-Y. ID 23-242 Approve the appointment of Bryan Bird to the Bicycle and Pedestrian Advisory Committee (BPAC) for a term ending February 9, 2026. APPROVED ON THE CONSENT CALENDAR 1.-Z. ID 23-223 ***Resolution authorizing the dissolution of certain Council created Committees (Subject to Mayor’s Veto) RESOLUTION 2023-034 ADOPTED APPROVED ON THE CONSENT CALENDAR 1.-AA. ID 23-157 RESOLUTION - Amending Rule 2 of the Council Rules of Procedure Relating to the Election of Council President and Vice President RESOLUTION 2023-035 ADOPTED APPROVED ON THE CONSENT CALENDAR 1.-BB. ID 23-247 BILL (For Introduction) Ordinance to prohibit the unlawful possession of catalytic converters (Citywide) BILL B-3 APPROVED, INTRODUCED AND LAID OVER APPROVED ON THE CONSENT CALENDAR 1.-CC. ID 23-280 Actions pertaining to the summary vacation of access right restrictions on a portion of the northwest corner of East Copper Avenue and North Maple Avenue (Council District 6): 1. Adopt a finding of Categorical Exemption per Environmental City of Fresno ***Subject to Mayoral Veto Page 9 City Council Meeting Minutes - Final February 9, 2023 Assessment Number PW12771 per staff determination, pursuant to Section 15301, Class 1 (b, c) Existing Facilities of the California Environmental Quality Act (CEQA) Guidelines 2. ***RESOLUTION - Ordering the summary vacation of access right restrictions on a portion of the northwest corner of East Copper Avenue and North Maple Avenue (Subject to Mayor’s Veto) RESOLUTION 2023-036 ADOPTED APPROVED ON THE CONSENT CALENDAR CONTESTED CONSENT CALENDAR 1.-G. ID 23-111 Approve an award of $1,500,0000 in American Rescue Plan Act (ARPA) funding to the Fresno Area Hispanic Foundation (FAHF) and authorize City Manager or designee to negotiate and sign an agreement for services. Councilmember Perea moved this item to the Contested Consent Calendar to ensure the Tower District was included in the list of prioritized items. Councilmember Perea motioned to approve the contract with an amendment to add the Tower District and Airports District as listed portions of the City within the census tracts and Opportunity Zones to be priorities. APPROVED AS AMENDED On motion of Vice President Perea, seconded by Councilmember Arias, that the Action Item be ADOPTED AS AMENDED. The motion carried by the following vote: Aye: 7 - Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld 1.-H. ID 23-241 Actions pertaining to the agreement with the Economic Development Corporation serving Fresno County (EDC) to assist in implementing and administering local economic development business attraction, expansion and retention activities: 1. Affirm the City Manager's finding that EDC is uniquely qualified and the sole source provider of these services; and 2. Approve a Consultant Services Agreement with the EDC for a period of one (1) year in the amount of $150,000; and 3. Authorize the City Manager, or their designee, the authority to execute the contract and grant up to two (2) optional one-year extensions. Councilmember Arias moved this item to the Contested Consent Calendar City of Fresno ***Subject to Mayoral Veto Page 10 City Council Meeting Minutes - Final February 9, 2023 to amendment the scope of work. Councilmember Arias motioned to approve the item with an amendment to the scope of work to include facilitating and organizing site visits for the design and development of the downtown high-speed rail station. APPROVED AS AMENDED On motion of Councilmember Arias, seconded by Councilmember Chavez, that the above item be ADOPTED AS AMENDED. The motion carried by the following vote: Aye: 7 - Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld 1.-I. ID 23-155 ***RESOLUTION - Authorize the acceptance of 2021 Staffing for Adequate Fire and Emergency Response (SAFER) grant award for $7,246,600 from the Federal Emergency Management Agency (FEMA) and authorize the Fire Chief to complete all required documents (Subject to Mayor’s Veto) Councilmember Perea moved this item to the Contested Consent Calendar to discuss approving the item prior to the grant being award to avoid the need for a Special Meeting. Councilmember Perea motioned to approve the item with the following addition to the resolution: the City shall accept the FY2021 SAFER grant in the event the City is awarded the grant. RESOLUTION 2023-026 ADOPTED AS AMENDED On motion of Vice President Perea, seconded by Councilmember Arias, that the above Resolution be ADOPTED AS AMENDED. The motion carried by the following vote: Aye: 7 - Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld 1.-J. ID 23-224 Approve an increase to the Requirements Contract with American Guard to provide Security Services at the Municipal Service Center, City Hall, and various other city locations in the amount of $500,000 plus annual CPI increases. The total revised contract shall not exceed $7,366,088.38 plus annual CPI adjustments without Council approval. (Bid File 9494) Councilmember Arias moved this item to the Contested Consent Calendar City of Fresno ***Subject to Mayoral Veto Page 11 City Council Meeting Minutes - Final February 9, 2023 to see if this security agreement could be used to provide security services to the Parkway homeless shelters and to determine the status of the search for a different vendor to cover the Parkway homeless shelters. Council discussion on this item included: vendors having the option to utilize different contracted companies; the number of operating sites, and; clear expectations and quality of services to shelters. APPROVED On motion of Councilmember Arias, seconded by Councilmember Chavez, that the above Action Item be ADOPTED. The motion carried by the following vote: Aye: 7 - Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld 1.-N. ID 23-91 Approve resolution establishing a Community Benefits Fund (CBF) and expenditure plan to fund mitigation improvements required in the settlement agreement with the South Fresno Community Alliance (SFCA) and Leadership Counsel for Justice and Accountability (LCJA). Councilmember Arias moved this item to the Contested Consent Calendar to thank the Department of Planning and Development for all the hard work by staff. RESOLUTION 2023-027 ADOPTED On motion of Councilmember Arias, seconded by Councilmember Karbassi, that the above Action Item be ADOPTED. The motion carried by the following vote: Aye: 7 - Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld 1.-U. ID 23-227 Approve the Third Amendment to the consultant services agreement with Carollo Engineers, Inc., to extend the term of the contract from January 31, 2023, to December 31, 2023, for professional engineering services during construction for the Fresno-Clovis Regional Wastewater Reclamation Facility Waste Gas Flare Improvement Project (Council District 3) Councilmember Arias moved this item to the Contested Consent Calendar to determine if there were any delays in the mitigation. City of Fresno ***Subject to Mayoral Veto Page 12 City Council Meeting Minutes - Final February 9, 2023 APPROVED On motion of Councilmember Arias, seconded by Councilmember Chavez, that the above Action Item be ADOPTED. The motion carried by the following vote: Aye: 7 - Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and Bredefeld 2. SCHEDULED COUNCIL HEARINGS AND MATTERS 10:00 A.M. ID 23-112 Appearance by Kevin Tolman to discuss introduction of business, number of employees, and what the business does (District 4 Resident) APPEARED 10:01 A.M. ID 23-140 Appearance by Cody Laursen to discuss the introduction of a company that operates an HP Jet Fusion 5200 industrial-grade printer between Fresno and San Diego (District 4 Resident) APPEARED 10:02 A.M. ID 23-147 Appearance by Brian Calhoun to discuss status of traffic and pedestrian safety improvements for W. Audubon Drive (District 2 Resident) APPEARED 10:03 A.M. ID 23-221 Appearance by Mary Padilla to discuss renewing morals and values (District 2 Resident) APPEARED 3. GENERAL ADMINISTRATION 3.-A. ID 23-243 WORKSHOP - Pavement Management Presentation The above workshop was presented to Council by Assistant Director of Public Works, Russell. City of Fresno ***Subject to Mayoral Veto Page 13 City Council Meeting Minutes - Final February 9, 2023 Council discussion on this item included: the difference between cold and hot patches; if Measure "C" changes had been factored into calculations for street maintenance; residents paying for their maintenance fees and not the general fund; maintaining the level of funding for neighborhood roads; gap financing needed for the underpass off McKinely and Blackstone, and; prioritizing existing neighborhoods over new interchanges. PRESENTED 4. CITY COUNCIL 5. CLOSED SESSION During open session, City Attorney Janz announced the items that would be discussed in closed session. Council withdrew from open session to hear closed session items at 1:45 P.M. 5.-A. ID 23-119 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Case Name: Thomas Pedro Flores v. City of Fresno, et al. Fresno Superior Court Case No. 19CECG00219 The above item was discussed in closed session. There were no open session announcements regarding this item. DISCUSSED 5.-B. ID 23-220 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Case Name: La-Kebbia Wilson, et al. v. City of Fresno, et al.; Eastern District Court Case No. 1:19-cv-01658 The above item was discussed in closed session. There were no open session announcements regarding this item. DISCUSSED City of Fresno ***Subject to Mayoral Veto Page 14 City Council Meeting Minutes - Final February 9, 2023 5.-C. ID 23-168 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Terance Frazier, et al. v. City of Fresno, et al.; United States District Court Case No.: 1:20-CV-01069 With minimal discussion in closed session, the above item the item was tabled to February 23, 2023. There were no open session announcements regarding this item. TABLED 5.-D. ID 23-169 CONFERENCE WITH LEGAL COUNSEL- POTENTIAL EXPOSURE TO LITIGATION: Government Code Section 54956.9(d)(2): Central Valley NMTC Fund, LLC., v. City of Fresno With minimal discussion in closed session, the above item the item was tabled to February 23, 2023. There were no open session announcements regarding this item. TABLED 5.-E. ID 23-253 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), Unit 4; 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) The above item was discussed in closed session. There were no open session announcements regarding this item. DISCUSSED City of Fresno ***Subject to Mayoral Veto Page 15 City Council Meeting Minutes - Final February 9, 2023 ADJOURNMENT Adjourned from Closed Session at 3:20 P.M. The above minutes were approved by unanimous vote of the City Council during the February 23, 2023, regular meeting. City of Fresno ***Subject to Mayoral Veto Page 16

Agenda

City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Meeting Agenda - Final-revised Thursday, February 9, 2023 9:00 AM Regular Meeting Council Chambers (In Person and/or Electronic) City Council President - Tyler Maxwell Vice President - Annalisa Perea Councilmembers: Mike Karbassi, Miguel Angel Arias, Luis Chavez, Garry Bredefeld, Nelson Esparza City Manager - Georgeanne A. White City Attorney - Andrew Janz City Clerk - Todd Stermer, CMC City Council Meeting Agenda - February 9, 2023 Final-revised THE FRESNO CITY COUNCIL WELCOMES YOU TO CITY COUNCIL CHAMBERS, LOCATED IN CITY HALL, 2ND FLOOR, 2600 FRESNO STREET, FRESNO, CALIFORNIA 93721. You can 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. 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 comment on agenda items and those comments will become part of the official record. eComments will be available as soon as the agenda is published and will close 24 hours prior to the start of the meeting. 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 9, 2023, 9:00 AM Pacific Time (US and Canada) Topic: February 9, 2023, Regular Meeting a) Register in advance for this webinar: https://zoom.us/webinar/register/WN_xNGLaWlaSSWniq6wVCY-Qw 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 City of Fresno ***Subject to Mayoral Veto Page 2 City Council Meeting Agenda - February 9, 2023 Final-revised 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. City of Fresno ***Subject to Mayoral Veto Page 3 City Council Meeting Agenda - February 9, 2023 Final-revised 9:00 A.M. ROLL CALL Invocation by Dr. Sigrid Horton, Assistant Minister from Our Saviour’s Lutheran Church Pledge of Allegiance to the Flag APPROVE AGENDA CEREMONIAL PRESENTATIONS ID 23-265 Proclamation for “Mid Valley - Recycler of The Year” Sponsors: Vice President Perea ID 23-151 Proclamation for “Heart Month” Sponsors: Council President Maxwell ID 23-158 Proclamation for “Teen Dating Violence Awareness Month.” Sponsors: Council President Maxwell ID 23-185 Proclamation for “African American History Month: Black Resistance a Journey to Equality” Sponsors: Councilmember Esparza ID 23-160 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 23-161 Approval of Minutes for January 19, 2023, Regular Meeting City of Fresno ***Subject to Mayoral Veto Page 4 City Council Meeting Agenda - February 9, 2023 Final-revised Sponsors: Office of the City Clerk 1.-B. ID 23-106 ***RESOLUTION - Adopting the 575th Amendment to the Master Fee Schedule Resolution No. 80-420 to Add, Adjust, Move, Revise or Delete Various Fees (Subject to Mayor’s veto). Sponsors: Budget and Management Studies Department 1.-C. ID 23-228 Approve the appointment of Isaiah Green (Resident of District 4) to the Fresno Housing Authority for a term ending April 30, 2026. Sponsors: Office of Mayor & City Manager 1.-D. ID 23-250 Approve the Second Amendment to the Animal Control Services Agreement between the City of Fresno and Fresno Humane Animal Services to allow the City to advance a second one-time payment of $300,000 for a total of $600,000 for future reimbursements (cash account.) Sponsors: Office of Mayor & City Manager 1.-E. ID 23-219 Approve a consultant services agreement with RS&H California, Inc., to provide professional airport planning and environmental consulting services to prepare and implement an Air Traffic Control Tower Replacement Work Plan for Fresno Yosemite International Airport in the amount of $362,585 (Council District 4) Sponsors: Airports Department 1.-F. ID 23-231 Approve a consultant services agreement with JSA Inspections & Consulting in an amount not to exceed $200,000, to provide professional inspection, testing, and consultant services for potentially hazardous materials (lead-based paint and asbestos containing materials) as well as supervision of removal of hazardous materials for demolitions of dangerous structures conducted by Code Enforcement Sponsors: City Attorney's Office 1.-G. ID 23-111 Approve an award of $1,500,0000 in American Rescue Plan Act (ARPA) funding to the Fresno Area Hispanic Foundation (FAHF) and authorize City Manager or designee to negotiate City of Fresno ***Subject to Mayoral Veto Page 5 City Council Meeting Agenda - February 9, 2023 Final-revised and sign an agreement for services. Sponsors: Economic Development Department 1.-H. ID 23-241 Actions pertaining to the agreement with the Economic Development Corporation serving Fresno County (EDC) to assist in implementing and administering local economic development business attraction, expansion and retention activities: 1. Affirm the City Manager's finding that EDC is uniquely qualified and the sole source provider of these services; and 2. Approve a Consultant Services Agreement with the EDC for a period of one (1) year in the amount of $150,000; and 3. Authorize the City Manager, or their designee, the authority to execute the contract and grant up to two (2) optional one-year extensions. Sponsors: Economic Development Department and Office of Mayor & City Manager 1.-I. ID 23-155 ***RESOLUTION - Authorize the acceptance of 2021 Staffing for Adequate Fire and Emergency Response (SAFER) grant award for $7,246,600 from the Federal Emergency Management Agency (FEMA) and authorize the Fire Chief to complete all required documents (Subject to Mayor’s Veto) Sponsors: Fire Department 1.-J. ID 23-224 Approve an increase to the Requirements Contract with American Guard to provide Security Services at the Municipal Service Center, City Hall, and various other city locations in the amount of $500,000 plus annual CPI increases. The total revised contract shall not exceed $7,366,088.38 plus annual CPI adjustments without Council approval. (Bid File 9494) Sponsors: General Services Department 1.-K. ID 23-49 Approve Consultant Services Agreement with Byrne Software Technologies, Inc. (Byrne) in an amount not to exceed $70,000 for Cannabis Module Implementation Services. Sponsors: Information Services Department City of Fresno ***Subject to Mayoral Veto Page 6 City Council Meeting Agenda - February 9, 2023 Final-revised 1.-L. ID 23-50 Approve Project Change Request to the agreement with Tyler Technologies for implementation and hosting of Financials, Human Capital Management and Utility Billing software. No additional funding is requested. Sponsors: Information Services Department 1.-M. ID 23-226 Approve a cooperative purchase agreement with DLT Solutions using a Maricopa County, AZ contract through OMNIA Partners for support services for Oracle databases in the amount of $368,176.56. Sponsors: Information Services Department 1.-N. ID 23-91 Approve resolution establishing a Community Benefits Fund (CBF) and expenditure plan to fund mitigation improvements required in the settlement agreement with the South Fresno Community Alliance (SFCA) and Leadership Counsel for Justice and Accountability (LCJA). Sponsors: Planning and Development Department 1.-O. ID 23-154 RESOLUTION - Approving the Final Map of Tract No. 5388, and accepting dedicated public uses offered therein except for dedications offered subject to City acceptance of developer installed required improvements - located at the intersection of North Salinas Avenue and West San Jose Avenue (Council District 2) Sponsors: Public Works Department 1.-P. ID 23-195 RESOLUTION - Of Intention to Annex Final Tract Map No. 6299 as Annexation No. 137 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 30, 2023 at 10:00 am (southeast corner of East Belmont Avenue and North Armstrong Avenue) (Council District 5) Sponsors: Public Works Department 1.-Q. ID 23-196 RESOLUTION - Of Intention to Annex Final Tract Map No. 6299 as Annexation No. LS003 to the City of Fresno Community Facilities District No. 17 and to Authorize the Levy of Special Taxes; and setting the public hearing for City of Fresno ***Subject to Mayoral Veto Page 7 City Council Meeting Agenda - February 9, 2023 Final-revised Thursday, March 30, 2023 at 10:05 am (southeast corner of East Belmont Avenue and North Armstrong Avenue) (Council District 5) Sponsors: Public Works Department 1.-R. ID 23-197 Approve the Second Amendment to the Consultant Services Agreement with UltraSystems Environmental Inc., of Irvine, California in the amount of $32,716, for a total increased contract amount of $146,269, for professional environmental services and preparation of technical memos for the McKinley Avenue Widening Project between Marks Avenue and Hughes Avenue (Council District 3) Sponsors: Public Works Department 1.-S. ID 23-213 ***RESOLUTION - Authorizing submission of a 2022 Urban Community Drought Relief Grant Program application to the California Department of Water Resources for the Expanded Lawn to Garden Water Conservation Rebate Program, and authorizing the Director of Public Utilities or designee to accept grant funds and execute all application and grant agreement documents on behalf of the City of Fresno (Citywide) (Subject to Mayor’s Veto) Sponsors: Department of Public Utilities 1.-T. ID 23-215 Actions pertaining to the submission of grant applications for the Environmental Protection Agency (EPA) Grant Program: 1. ***RESOLUTION - Authorizing the submission of a Consumer Recycling Education and Outreach Grant Program application to the EPA for the development and execution of an education and outreach plan and authorizing the Director of Public Utilities or designee to accept grant funds and execute all application and grant agreement documents on behalf of the City of Fresno (Citywide) (Subject to Mayor’s Veto) 2. ***RESOLUTION - Authorizing the submission of a Solid Waste Infrastructure for Recycling Grant Program application to the EPA for the purpose of purchasing side loader collection trucks and cameras, and authorizing the Director of Public Utilities or designee to accept grant funds and execute all application and grant agreement documents on behalf of the City of Fresno (Citywide) (Subject to Mayor’s City of Fresno ***Subject to Mayoral Veto Page 8 City Council Meeting Agenda - February 9, 2023 Final-revised Veto) Sponsors: Department of Public Utilities 1.-U. ID 23-227 Approve the Third Amendment to the consultant services agreement with Carollo Engineers, Inc., to extend the term of the contract from January 31, 2023, to December 31, 2023, for professional engineering services during construction for the Fresno-Clovis Regional Wastewater Reclamation Facility Waste Gas Flare Improvement Project (Council District 3) Sponsors: Department of Public Utilities 1.-V. ID 23-264 Approve the reappointment of Edward Saliba to the Fresno-Madera Area Agency on Aging Board for a term ending January 2, 2024. Sponsors: Councilmember Karbassi 1.-W. ID 23-102 Approve the reappointment of Steven Bradley to the Bicycle and Pedestrian Advisory Committee (BPAC) for a term ending February 9, 2026 Sponsors: Councilmember Bredefeld 1.-X. ID 23-136 Approve the appointment of Vivian Del Toro to the Friends of Fancher Creek Committee to a term which serves at the pleasure of the Councilmember. Sponsors: Councilmember Chavez 1.-Y. ID 23-242 Approve the appointment of Bryan Bird to the Bicycle and Pedestrian Advisory Committee (BPAC) for a term ending February 9, 2026. Sponsors: Councilmember Esparza 1.-Z. ID 23-223 ***Resolution authorizing the dissolution of certain Council created Committees (Subject to Mayor’s Veto) Sponsors: Council President Maxwell 1. ID 23-157 RESOLUTION - Amending Rule 2 of the Council Rules of -AA. Procedure Relating to the Election of Council President and Vice President Sponsors: Council President Maxwell City of Fresno ***Subject to Mayoral Veto Page 9 City Council Meeting Agenda - February 9, 2023 Final-revised 1. ID 23-247 BILL (For Introduction) Ordinance to prohibit the unlawful -BB. possession of catalytic converters (Citywide) Sponsors: Council President Maxwell 1. ID 23-280 Actions pertaining to the summary vacation of access right -CC. restrictions on a portion of the northwest corner of East Copper Avenue and North Maple Avenue (Council District 6): 1. Adopt a finding of Categorical Exemption per Environmental Assessment Number PW12771 per staff determination, pursuant to Section 15301, Class 1 (b, c) Existing Facilities of the California Environmental Quality Act (CEQA) Guidelines 2. ***RESOLUTION - Ordering the summary vacation of access right restrictions on a portion of the northwest corner of East Copper Avenue and North Maple Avenue (Subject to Mayor’s Veto) Sponsors: Public Works Department CONTESTED CONSENT CALENDAR 2. SCHEDULED COUNCIL HEARINGS AND MATTERS 10:00 A.M. ID 23-112 Appearance by Kevin Tolman to discuss introduction of business, number of employees, and what the business does (District 4 Resident) Sponsors: Office of the City Clerk 10:01 A.M. ID 23-140 Appearance by Cody Laursen to discuss the introduction of a company that operates an HP Jet Fusion 5200 industrial-grade printer between Fresno and San Diego (District 4 Resident) Sponsors: Office of the City Clerk 10:02 A.M. ID 23-147 Appearance by Brian Calhoun to discuss status of traffic and pedestrian safety improvements for W. Audubon Drive City of Fresno ***Subject to Mayoral Veto Page 10 City Council Meeting Agenda - February 9, 2023 Final-revised (District 2 Resident) Sponsors: Office of the City Clerk 10:03 A.M. ID 23-221 Appearance by Mary Padilla to discuss renewing morals and values (District 2 Resident) Sponsors: Office of the City Clerk 3. GENERAL ADMINISTRATION 3.-A. ID 23-243 WORKSHOP - Pavement Management Presentation Sponsors: Public Works Department 4. CITY COUNCIL 5. CLOSED SESSION 5.-A. ID 23-119 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Case Name: Thomas Pedro Flores v. City of Fresno, et al. Fresno Superior Court Case No. 19CECG00219 Sponsors: City Attorney's Office 5.-B. ID 23-220 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Case Name: La-Kebbia Wilson, et al. v. City of Fresno, et al.; Eastern District Court Case No. 1:19-cv-01658 Sponsors: City Attorney's Office City of Fresno ***Subject to Mayoral Veto Page 11 City Council Meeting Agenda - February 9, 2023 Final-revised 5.-C. ID 23-168 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Terance Frazier, et al. v. City of Fresno, et al.; United States District Court Case No.: 1:20-CV-01069 Sponsors: City Attorney's Office 5.-D. ID 23-169 CONFERENCE WITH LEGAL COUNSEL- POTENTIAL EXPOSURE TO LITIGATION: Government Code Section 54956.9(d)(2): Central Valley NMTC Fund, LLC., v. City of Fresno Sponsors: City Attorney's Office 5.-E. ID 23-253 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), Unit 4; 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) Sponsors: Office of Mayor & City Manager ADJOURNMENT UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS FEBRUARY 23, 2023 10:00 A.M. - HEARING for City of Fresno Community Facilities District No. 11 (southwest corner of East Clinton Avenue and North Armstrong Avenue (District 7) City of Fresno ***Subject to Mayoral Veto Page 12 City Council Meeting Agenda - February 9, 2023 Final-revised MARCH 30, 2023 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. 137 (Final Tract Map No. 6299) (located at the southeast corner of East Belmont Avenue and North Armstrong Avenue) (Council District 5) MARCH 30, 2023 10:05 A.M. - HEARING – To adopt Resolutions and Ordinance to annex territory and levy a special tax regarding City of Fresno Community Facilities District No. 17, Annexation LS003 (Final Tract Map No. 6299) (located at southeast corner of East Belmont Avenue and North Armstrong Avenue) (Council District 5) MARCH 30, 2023 10:10 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. 139 (Parc West) (located at northwest corner of West Ashlan Avenue and North Grantland Avenue) (Council District 1) MARCH 30, 2023 10:15 A.M. - Proposed vacation of a portion of a 16 foot-wide alley adjacent and south of Lot 1 and a portion of Lot 2 of Waller Track. UPCOMING EMPLOYEE CEREMONIES April 19, 2023 (Wednesday) - Employee of the Spring Quarter April 26, 2023 (Wednesday) - Employee Service Awards July 19, 2023 (Wednesday) - Employee of the Summer Quarter October 18, 2023 (Wednesday) - Employee of the Fall Quarter November 15, 2023 (Wednesday) - Employee Service Awards 2023 CITY COUNCIL MEETING SCHEDULE FEBRUARY 16, 2023 - NO MEETING FEBRUARY 23, 2023 - 9:00 A.M. MARCH 02, 2023 - NO MEETING MARCH 09, 2023 - 9:00 A.M. MARCH 16, 2023 - NO MEETING MARCH 23, 2023 - NO MEETING MARCH 30, 2023 - 9:00 A.M. City of Fresno ***Subject to Mayoral Veto Page 13 City Council Meeting Agenda - February 9, 2023 Final-revised APRIL 06, 2023 - NO MEETING APRIL 13, 2023 - NO MEETING APRIL 20, 2023 - 9:00 A.M. APRIL 27, 2023 - 9:00 A.M. City of Fresno ***Subject to Mayoral Veto Page 14

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