Hearing - Receive public input on allocations related to Measure P, updates to the Parks Master Plan and Cultural Arts Plan, and annual PARCS Department Budget and Capital Improvement Plans. (PARCS)
Hearing - Actions Pertaining the Parks, Recreation and Art Commission’s Meetings for FY 23.
1. Discuss - in person meetings for future meetings.
2. Discuss - Updating the meeting schedule for FY 23 PRAC.
3. Action - Adopt meeting schedule for FY 23.
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
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)
***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).
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.
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 - 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)
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
CONFERENCE WITH LEGAL COUNSEL- POTENTIAL EXPOSURE TO LITIGATION: Government Code Section 54956.9(d)(2): Central Valley NMTC Fund, LLC., v. City of Fresno
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 - 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 Thursday, March 30, 2023 at 10:05 am (southeast corner of East Belmont Avenue and North Armstrong Avenue) (Council District 5)
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)
***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)
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)
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)
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
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)
Approve Consultant Services Agreement with Byrne Software Technologies, Inc. (Byrne) in an amount not to exceed $70,000 for Cannabis Module Implementation Services.
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.
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).
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.
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)
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
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.
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.)
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)
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 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)
CONTINUED FROM JANUARY 4, 2023
Consideration of Development Permit Application No. P22-00565 and related Environmental Assessment No. P22-00565 pertaining to ±14.78 acres of property located on the southwest corner of East North and South East Avenues (Council District 3) - Planning & Development Department.
1. CONSIDER Environmental Assessment No. P22-00565, dated October 28, 2022, a determination that the proposed project is consistent with the existing general plan, community plan, and zoning per Section 15183 of the State of California Environmental Quality Act (CEQA); and,
2. DENY the appeals and UPHOLD the action of the Planning and Development Department Director to approve Development Permit Application No. P22-00565, authorizing the construction of a ±206,881 square-foot warehouse facility subject to compliance with the Conditions of Approval dated October 28, 2022.
On motion of Vice Chair Hardie, seconded by Commissioner Diaz, that the above Action Item be APPROVED. The motion carried by the following vote:
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 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)
Hearing - Actions Pertaining the Parks, Recreation and Art Commission’s Meetings for FY 23.
1. Discuss - in person meetings for future meetings.
2. Discuss - Updating the meeting schedule for FY 23 PRAC.
3. Action - Adopt meeting schedule for FY 23.
Appearance by The People’s Fresno LLC to discuss preliminary license to be reinstated to complete CUP process, the cannabis social equity program, and social equity policy be changed (District 3 Resident)
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)
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.
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.)
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
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); 13. Unrepresented Employees in Unit 2 (Non-Represented Management and Confidential Classes): Airport Public Safety Manager, Assistant City Attorney, Assistant City Manager, Assistant Controller, Assistant Director, Assistant Director of Personnel Services, Assistant Director of Public Utilities, Assistant Director of Public Works, Assistant Police Chief, Assistant Retirement Administrator, Background Investigator, Budget Analyst, Budget Manager, Chief Assistant City Attorney, Chief Information Officer, Chief Labor Negotiator, Chief of Staff to Councilmember, Chief of Staff to the Mayor, City Attorney (City Negotiator, Council President Esparza), City Attorney Investigator, City Clerk (City Negotiator, Council President Esparza), City Engineer, City Manager (City Negotiator, Mayor Dyer), Community Coordinator, Community Outreach Specialist, Controller, Council Assistant, Deputy City Attorney II , Deputy City Attorney III, Deputy City Manager, Director, Director of Aviation, Director of Development, Director of Personnel Services, Director of Public Utilities, Director of Transportation, Economic Development Coordinator, Economic Development Director , Executive Assistant to Department Director, Executive Assistant to the City Attorney, Executive Assistant to the City Manager, Executive Assistant to the Mayor, Fire Chief, Governmental Affairs Manager, Human Resources Manager, Independent Reviewer, Internal Auditor, Investment Officer, Management Analyst II, Payroll Accountant, Payroll Manager, Police Chief, Principal Budget Analyst, Principal Internal Auditor, Principal Labor Relations Analyst, Project Liaison/Program Administrator, Public Affairs Officer, Public Works Director, Retirement Administrator, Retirement Benefits Manager, Retirement Office Manager, Senior Budget Analyst, Senior Deputy City Attorney I, Senior Deputy City Attorney II, Senior Deputy City Attorney III, Senior Human Resources/Risk Analyst, Senior Law Clerk, Supervising Deputy City Attorney