City of Fresno

2600 Fresno Street

Fresno, CA 93721

www.fresno.gov

Meeting Agenda - Final-revised

Thursday, November 4, 2021

9:00 AM

Regular Meeting

In Person and/or Electronic

City Council

President - Luis Chavez

Vice President - Nelson Esparza

Councilmembers:

Esmeralda Z. Soria, Mike Karbassi, Miguel Angel Arias, Tyler Maxwell, Garry

Bredefeld

City Manager - Thomas Esqueda

City Attorney - Douglas T. Sloan

Interim City Clerk - Briana Parra, CMC

PUBLIC ADVISORY:

THE FRESNO CITY COUNCIL WELCOMES YOU TO CITY COUNCIL CHAMBERS,

LOCATED IN CITY HALL, 2ND FLOOR, 2600 FRESNO STREET, FRESNO,

CALIFORNIA 93721.

You can also participate in the meeting on our City’s website click on the URL

https://fresno.legistar.com/Calendar.aspx and click on the “In progress” link under

“video” for the corresponding meeting. The Council meeting can also be viewed live

at 9:00 A.M. on Comcast Channel 96 and AT&T Channel 99.

The City Council Chambers are open for public participation. However, members of

the public are encouraged to participate electronically because of reduced capacity

of seating in the Chambers to allow for social distancing, and masks will be required

for the vaccinated and unvaccinated.

PUBLIC COMMENT: The following options are available for members of the public

who want to address City Council:

1. eComment at https://fresno.legistar.com/Calendar.aspx.

a) eComments is a tool for citizens to use to make comments on agenda items. It will

be open during the Council meeting and closed at the end of the meeting and will be

a part of the official record. The User Agreement and Procedures document for

eComment can be accessed by the URL https://www.fresno.gov/cityclerk/

b) eComments will be a maximum of 450 words.

2. You are invited to a Zoom webinar.

When: November 4, 2021 9:00 AM Pacific Time (US and Canada)

Topic: November 4, 2021 Regular Meeting

a) Register in advance for this webinar:

https://zoom.us/webinar/register/WN_iYJ3deVoSWmh_LZytG8o9g

After registering, you will receive a confirmation email containing information about

joining the webinar.

b) If you do not wish for your name to appear on the screen, then use the drop

down menu and click on “rename” to rename yourself.

c) If you wish to address Council during the public comment portion of the agenda,

click on the icon labeled “Participants” at the bottom center of your PC or Mac

screen. At the bottom of the window on the right side of the screen, click the icon

labeled “RaiseHand”. Your digital hand will now be raised.

d) Those addressing Council must state their name for the record.

e) To facilitate electronic access, no person shall speak until recognized by the

Presiding Officer.

3. Email: to clerk@fresno.gov

a) Residents may also email comments to be read during the meeting. Please include

the agenda date and item number you wish to speak on in the subject line of your

email.

b) Emails will be a maximum of 450 words.

c) All comments received will be distributed to Council prior and during the meeting

and will be a part of the official record.

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) 6217650

or clerk@fresno.gov. To ensure availability, you are advised to

make your request at least three business days prior to the meeting.

The City of Fresno thanks you in advance for taking all precautions to prevent

spreading COVID19 virus.

9:00 A.M. ROLL CALL

Invocation by Hajj Reza Nekumanesh from the Islamic Cultural Center of Fresno

Pledge of Allegiance to the Flag

APPROVE AGENDA

CEREMONIAL PRESENTATIONS

ID 21-124

Proclamation for “Veterans Day”

Councilmember Karbassi

Sponsors:

ID 21-778

Proclamation for “Prematurity Awareness Month” for

November 2021

Councilmember Soria

Sponsors:

ID 21-803

Proclamation for “Youth Leadership Institute's (YLI) 30th

Year”

Councilmember Soria

Sponsors:

COUNCILMEMBER REPORTS AND COMMENTS

MAYOR/MANAGER REPORTS AND COMMENTS

UNSCHEDULED COMMUNICATION

PLEASE NOTE: UNSCHEDULED COMMUNICATION IS NOT SCHEDULED FOR A

SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING

1. CONSENT CALENDAR

1.-A. ID 21-029

Approval of the minutes for the October 27, 2021 Special City

Council Meeting and the October 28, 2021 Regular City

Council Meeting.

Office of the City Clerk

Sponsors:

1.-B. ID 21-679

Actions related to the First Amendment to the Consultant

Services Agreement with Landry Consulting LLC.,:

1. Adopt a finding of Categorical Exemption pursuant to

Section 15301 (Existing Facilities) of the California

Environmental Quality Act Guidelines.

2. Approve the First Amendment to the Consultant Services

Agreement for an additional $100,000, with Landry

Consulting, LLC., for the implementation of the Airport Safety

Management Systems Program at Fresno Yosemite

International Airport, the total contract value is not to exceed

$199,970. (Council District 4)

Airports Department

Sponsors:

1.-C. ID 21-763

Actions related to the Airline Operations Agreement with

ExpressJet Airlines LLC.,:

1. Adopt a finding of Categorical Exemption pursuant to

Section 15301 (Existing Facilities) of the California

Environmental Quality Act Guidelines.

2. Approve the new Airline Operations Agreement between

the City of Fresno and ExpressJet Airlines LLC., at Fresno

Yosemite International Airport, for a lease term of five years.

(Council District 4)

Airports Department

Sponsors:

1.-D. ID 21-735

Actions pertaining to the Fresno Yosemite International

Airport SMART Program Bid File No. 3817 (Council District

4):

1. Adopt a finding of Categorical Exemption pursuant to

Section 15301 (a) and (d) (Existing Facilities) of the California

Environmental Quality Act Guidelines

2. Award a construction contract in the amount of $1,755,000

to S&L Specialty Construction, of Syracuse, New York for the

acoustic treatment of 40 homes in the vicinity of Fresno

Yosemite International Airport

Airports Department

Sponsors:

1.-E. ID 21-775

Actions related to Lease Amendment No. 3 to the Airport

Lease Agreement with Don Williams, an individual, and Jim

Wood, an individual, dba BCH Aviation Center:

1. Adopt a finding of Categorical Exemption pursuant to

Section 15301 (Existing Facilities) of the California

Environmental Quality Act Guidelines.

2. Approve Lease Amendment No. 3 to Airport Lease

Agreement between the City of Fresno and BCH Aviation

Center at Fresno Chandler Executive Airport, extending the

term of the lease by three years. Amount of revenue

generated by agreement extension is $55,155.24, plus

annual CPI adjustments. (Council District 3)

Airports Department

Sponsors:

1.-F. ID 21-739

Actions pertaining to the City of Fresno’s Regional

Wastewater Reclamation Facility air compressor blower units

(Council District 3):

1. Adopt a finding of Categorical Exemption pursuant to

Section 15301 (Existing Facilities) of the California

Environmental Quality Act

2. Affirm the City Manager’s determination that the contractor

is uniquely qualified

3. Approve the award of a construction contract with Howden

Roots LLC, in the amount of $218,800 for programmable

logic controller upgrades and software integration

Department of Public Utilities

Sponsors:

1.-G. ID 21-766

Actions pertaining to the award of a Vendor Agreement with

Neighborhood Industries, Inc.,:

1. Affirm the City Manager’s determination that

Neighborhood Industries is uniquely qualified to perform litter

abatement and alley way maintenance services employing

individuals living in neighborhoods of concentrated poverty

2. Approve a Vendor Agreement with Neighborhood

Industries, Inc., for a total amount of $125,000 to provide litter

abatement and alley way maintenance services in the Tower

District Neighborhood (Council District 1)

Department of Public Utilities

Sponsors:

1.-H. ID 21-764

Actions pertaining to North Avenue sewer trunk main

realignment (Bid File 3699) (Council Districts 3 and 5):

1. Adopt a finding of Categorical Exemption pursuant to

Sections 15302(c) and 15303 of the California Environmental

Quality Act Guidelines

2. Award a construction contract to Emmett’s Excavation,

Inc., of Clovis, California, in the amount of $6,372,238

Department of Public Utilities

Sponsors:

1.-I. ID 21-677

Approve an increase to the Requirements Contract with

Kemira Water Solutions, Inc., by $580,000 to the amount of

$1,798,821.80 for the first year of the contract and by

$336,018.20 to the amount of $1,554,840.00 for the

remaining one-year terms, to purchase additional ferric

chloride, and authorize the Director of Public Utilities or

designee to sign the amendment on behalf of the City. Bid

File 9562 (Citywide)

Department of Public Utilities

Sponsors:

1.-J. ID 21-730

Approve the First Amendment to the Agreement with Aegis

Groundwater Consulting, LLC, for quality control and

inspection services for the construction of a new production

well at Pump Station 208-2, to expand the scope of services

to include Pump Station 36A, increase the contract amount

by $40,950 for a new total fee of $76,000, and extend the

term of the agreement from December 31, 2021 to December

31, 2022 (County and Council District 5)

Department of Public Utilities

Sponsors:

1.-K. ID 21-690

***RESOLUTION -Adopting the 24th amendment to the

Annual Appropriation Resolution (AAR) No. 2021-178 to

appropriate $750,000 for the Local Early Action Planning

Support Grant Program to accelerate housing production in

the City of Fresno (Requires 5 Affirmative Votes) (Subject to

Mayor’s Veto).

Planning and Development Department

Sponsors:

1.-L. ID 21-804

Approve the sale of one Caterpillar MH3022 Wheeled

Material Handler with Waste Handling Grapple to Quinn

Company of Fresno, California in the amount of $344,389

matching the original purchase price in 2019 by the

Department of Public Utilities for a solid waste convenience

center. Quinn Company’s proposal valid through November

11, 2021

Department of Transportation

Sponsors:

1.-M. ID 21-774

***RESOLUTION - Adopting the 25th amendment to the

Annual Appropriation Resolution (AAR) No. 2021-178

appropriating $110,000 for the Transformative Climate

Communities (TCC) grant projects (Requires 5 Affirmative

Votes)(Subject to Mayor’s Veto).

Office of Mayor & City Manager

Sponsors:

1.-N. ID 21-822

Actions pertaining to Commercial Cannabis Activity:

1. ***RESOLUTION - Adopting the 564th Amendment to the

Master Fee Schedule Resolution No. 80-420 adding fees

relating to Commercial Cannabis Business Permits (Subject

to Mayor’s Veto).

Office of Mayor & City Manager

Sponsors:

1.-O. ID 21-809

Approve the Mayor’s appointments of Nicole Turpin and Bill

Hyatt to the Disability Advisory Commission.

Office of Mayor & City Manager

Sponsors:

1.-P. ID 21-780

RESOLUTION - Reaffirming the City’s compliance with the

San Joaquin Valley Air Pollution Control District Rule 9510

(Indirect Source Review) and to direct staff to explore the

feasibility of developing required standard conditions of

approval to exceed the Rule 9510 requirements.

Planning and Development Department

Sponsors:

1.-Q. ID 21-768

Authorize the Chief of Police to enter into a First Amendment

to the existing contract with ShotSpotter Inc., (SST) through

the end of FY 2024 to provide gunshot detection coverage for

an additional three square miles in the City of Fresno for a

total cost of $535,849.

Police Department

Sponsors:

1.-R. ID 21-771

Actions pertaining to the Veterans Boulevard Interchange

Project (Council District 2):

1. RESOLUTION - Adopting findings pursuant to California

Environmental Quality Act (CEQA) Guidelines Section 15091

and 15093 as required by CEQA Guidelines Section 15096

2. Award a Construction Contract in the amount of

$48,025,000 to A. Teichert & Son Inc., M.C.M. Construction,

Inc. (Joint Venture), of Sacramento, California, as the lowest

responsive and responsible bidder

3. Approve a Distribution and Service Extension Agreement

with Pacific Gas and Electric Company in the amount of

$58,427.40 to install electric service facilities for the Veterans

Boulevard Interchange Project

Public Works Department

Sponsors:

1.-S. ID 21-723

Approve a three-year On-Call Land Surveying Service

Agreement with Blair, Church & Flynn Consulting Engineers,

Inc., with a total not to exceed amount of $300,000, to provide

land surveying services to facilitate City-wide infrastructure

improvement projects (Citywide)

Public Works Department

Sponsors:

1.-T. ID 21-722

Approve three on-call agreements with 1) Hamner, Jewell &

Associates, 2) Continental Field Services, and 3) Universal

Field Services, for Right of Way Acquisition Project

Management Services, each with three-year terms and a total

compensation not to exceed $500,000 individually to assist

Public Works staff with the acquisition of privately owned real

property and land rights to facilitate City public infrastructure

projects (Citywide)

Public Works Department

Sponsors:

1.-U. ID 21-796

Approve Contract Change Order No. 3 to the Highway Litter

Control Contract with Landscape Maintenance of America

dba California Highway Adoption Company, in the amount of

$119,500, increasing the total two year contract from

$709,446 to $828,946 (Citywide)

Public Works Department

Sponsors:

1.-V. ID 21-794

RESOLUTION- Of Intention to Annex the Territory Identified

as the Adjusted Parcel B of Lot Line Adjustment No. 2020-15

as Annexation No. 53 (DSS Campus West Dakota Avenue

HAWK Traffic Signal) to the CITY OF FRESNO

COMMUNITY FACILITIES DISTRICT NO. 9 and to Authorize

the Levy of Special Taxes; and setting the public hearing for

Thursday, December 9, 2021, at 10:00 am (southeast corner

of West Dakota Avenue and East Airways Boulevard)

(Council District 4)

Public Works Department

Sponsors:

1.-W. ID 21-647

***RESOLUTION - Confirming emergency conditions

continue to directly impact the ability of legislative bodies to

meet safely in person, and authorizing remote teleconference

meetings of City legislative bodies for 30 days, pursuant to

Brown Act provisions (Subject to Mayor's Veto).

Council President Chavez

Sponsors:

1.-X. ID 21-823

Approve the appointment of Jessica Vaugh to the Council

District 2 Project Review Committee.

Councilmember Karbassi

Sponsors:

CONTESTED CONSENT CALENDAR

2. SCHEDULED COUNCIL HEARINGS AND MATTERS

10:00 A.M. #1

ID 21-685

HEARING to Consider Text Amendment Application No.

P21-05185 and related Environmental Finding for

Environmental Assessment No. P21-05185, amending

Section 15-2706 of the Fresno Municipal Code, relating to

the sale of alcoholic beverages for off-site consumption

(Citywide) - Planning and Development Department

1. ADOPT Environmental Assessment No. P21-05185, dated

October 20, 2021, that Text Amendment Application No. P21-

05185 is exempt from the California Environmental Quality

Act (CEQA) pursuant to the Common Sense Exemption that it

can be seen with certainty that there is no possibility that the

proposed Text Amendment may have a significant effect on

the environment pursuant to CEQA Guidelines Section

15061(b)(3).

2. BILL (For introduction) - Amending Section 15-2706 to the

Fresno Municipal Code, relating to the use regulations for

alcohol sales.

Planning and Development Department

Sponsors:

10:00 A.M. #2

ID 21-658

Actions pertaining to Club One Casino, Inc. Card Room

Permit Application:

1. HEARING to consider the Club One Casino, Inc. Card

Room Permit Application.

2. RESOLUTION - Amending Resolution 2021-225 relating

to the Card Room Permit held by Club One Casino by

increasing the number card room tables from 31 to 51.

Office of Mayor & City Manager

Sponsors:

4:45 P.M.

ID 21-777

WORKSHOP - Police Department Alternative Dispute

Resolution (ADR) Program

Office of Mayor & City Manager and Personnel Services

Department

Sponsors:

6:00 P.M.

ID 21-802

HEARING Regarding redistricting

Vice President Esparza, Arias and Councilmember Maxwell

Sponsors:

3. GENERAL ADMINISTRATION

3.-A. ID 21-769

Actions pertaining to the Ombudsperson Workers

Compensation Alternative Dispute Resolution Program with

Fresno Olive Officers Association:

1. Affirm the City Manager’s determination that Mariotto

Resolutions, Inc., is uniquely qualified to perform as the

Ombudsperson for the Workers’ Compensation Alternative

Dispute Resolution Program with Fresno Olive Officers

Association

2. Approve Professional Services Agreement between

Mariotto Resolutions, Inc., and the City of Fresno for

$320,000.

3. Authorize the Personnel Services Department Director or

designee to sign the agreement on behalf of the City.

Personnel Services Department

Sponsors:

3.-B. ID 21-770

Actions relating to an agreement for mediation services and

director services for the Workers’ Compensation Alternative

Dispute Resolution program

1. Approve Professional Services Agreement with Steven

Siemers Dispute Resolution, LLC for an amount not to

exceed $50,000 for mediation services and serving as

Director for the Workers’ Compensation Alternative Dispute

Resolution program with the Fresno Police Officers

Association;

2. Affirm the City Manager’s determination that the provider is

uniquely qualified;

3. Authorize the Personnel Services Department Director or

designee to sign the agreement on behalf of the City.

Personnel Services Department

Sponsors:

3.-C. ID 21-807

Actions Related to Improving Operations and Maintenance in

Parks and Trails:

1. ***RESOLUTION - Adopting the 22nd Amendment to

Annual Appropriations Resolution No. 2021-178 appropriating

$3,235,800 for Measure P Operating and Capital Projects in

the PARCS and Public Works Departments (Requires 5

Affirmative Votes)(Subject to Mayor’s Veto)

2. ***RESOLUTION - Adopting the 2nd Amendment to

Position Authorization Resolution No. 2021-179, adding 13

Positions in the Public Works Department and 41 Positions in

the PARCS Department (Subject to Mayor’s Veto)

Public Works Department, Parks, After School and

Recreation and Community Services Department

Sponsors:

3.-D. ID 21-798

Actions pertaining to the acquisition of the UMC Campus

Property (APN 461-02-003T):

1. *** RESOLUTION - Authorize the Administration to submit

an offer to purchase the University Medical Center (UMC)

Campus (APN 461-02-003T) in the vicinity of East Kings

Canyon Road and South Cedar Avenue from Fresno County.

(Subject to Mayor’s Veto)

Office of Mayor & City Manager and Vice President Esparza

Sponsors:

4. CITY COUNCIL

5. CLOSED SESSION

5.-A. ID 21-808

CONFERENCE WITH REAL PROPERTY NEGOTIATOR -

Government Code Section 54956.8

Property: 461-020-03T (UMC Campus)

Negotiating Parties: City Manager, County of Fresno

Under negotiations: Price and terms of sale

Office of Mayor & City Manager

Sponsors:

5.-B. ID 21-816

CONFERENCE WITH REAL PROPERTY NEGOTIATOR -

Government Code Section 54956.8

Property: 591 N. Fowler (Fowler and Tulare)

Negotiating Parties: City Manager; BN Diversified, LLC.

(Bonadelle Homes)

Under negotiations: Price and terms of sale

Council President Chavez

Sponsors:

5.-C. ID 21-817

CONFERENCE WITH REAL PROPERTY NEGOTIATOR -

Government Code Section 54956.8

Property: 316-022-21 (Church and Sunnyside)

Negotiating Parties: City Manager; Lennar Homes of

California, Inc.

Under negotiations: Price and terms of sale

Council President Chavez

Sponsors:

5.-D. ID 21-779

CONFERENCE WITH LABOR NEGOTIATORS -

Government Code Section 54957.6

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); 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, Budget Analyst, Budget Manager,

Chief Assistant City Attorney, Chief Information Officer, Chief

of Staff to Councilmember, Chief of Staff to the Mayor, City

Attorney (City Negotiator, Council President Chavez), City

Attorney Investigator, City Clerk (City Negotiator, Council

President Chavez), 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,

Labor Relations Manager, Management Analyst II, Payroll

Accountant, Payroll Manager, Police Chief, Principal Budget

Analyst, Principal Internal Auditor, 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

Office of Mayor & City Manager

Sponsors:

5.-E. ID 21-714

CONSIDER PUBLIC EMPLOYEE APPOINTMENT -

Government Code Section 54957(b):

Consider the appointment, employment, evaluation of

performance, discipline, or dismissal of a public employee.

Position: City Clerk

Council President Chavez

Sponsors:

ADJOURNMENT

UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS

December 2, 2021

10:00 A.M. - HEARING regarding a proposed Development Agreement by and

between the City of Fresno and Fagundes Bros. Dairy, relating to the development

of the Oasis Master Plan Area, which consists of Vesting Tentative Tract Map Nos.

5456, 5463, 6183, and 6184 (Council District 3).

December 2, 2021

6:00 P.M.- HEARING regarding redistricting.

Location: Fresno City Hall, 2nd Floor

December 9, 2021

10:00 A.M. - HEARING to adopt resolutions and ordinance to annex territory and

levy a special tax regarding CITY OF FRESNO COMMUNITY FACILITIES

DISTRICT NO. 9, Annexation No. 53 (the Adjusted Parcel B of Lot Line Adjustment

No. 2020-15, DSS Campus West Dakota Avenue HAWK Traffic Signal) (southeast

corner of West Dakota Avenue and East Airways Boulevard) (Council District 4).

December 9, 2021

6:00 P.M.- HEARING regarding redistricting.

Location: Fresno City Hall, 2nd Floor

January 6, 2021

10:00 A.M. #1 - Hearing to adopt Resolution to vacate East Townsend Avenue,

South Garden Avenue, and East Heaton Avenue, lying west of South Winery

Avenue in Tract Number 1552 – Campus Homesites.

January 6, 2021

10:05 A.M. - Proposed vacation of a portion of West Van Buren Avenue, North of

West Herndon and the vacation of the relinquishment of abutters right along a

portion of West Herndon Avenue.

UPCOMING EMPLOYEE CEREMONIES

November 17, 2021 (Wednesday - 2:00 P.M.) - Employee Service Awards

2021 CITY COUNCIL MEETING SCHEDULE

NOVEMBER 11, 2021 – NO MEETING

NOVEMBER 18, 2021 – NO MEETING (CANCELLED)

NOVEMBER 25, 2021 – NO MEETING

DECEMBER 2, 2021 – 9:00 A.M.

DECEMBER 9, 2021 – 9:00 A.M.

DECEMBER 16, 2021 – NO MEETING (CANCELLED)

DECEMBER 23, 2021 – NO MEETING

DECEMBER 30, 2021 – NO MEETING