City of Fresno

2600 Fresno Street

Fresno, CA 93721

www.fresno.gov

Meeting Agenda - Final-revised

Thursday, December 2, 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

City Clerk - Todd Stermer,. CMC

PUBLIC ADVISORY:

THE FRESNO CITY COUNCIL WELCOMES YOU TO CITY COUNCIL CHAMBERS,

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

CALIFORNIA 93721.

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

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

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

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

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

the public are encouraged to participate electronically because of reduced capacity

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

for the vaccinated and unvaccinated.

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

who want to address City Council:

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

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

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

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

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

b) eComments will be a maximum of 450 words.

2. You are invited to a Zoom webinar.

When: December 2, 2021 9:00 AM Pacific Time (US and Canada)

Topic: December 2, 2021 Regular City Council Meeting

a) Register in advance for this webinar:

https://zoom.us/webinar/register/WN_SlyjuDsTS-2yeqkR3xcV_w

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 Pastor DJ Criner with Saint Rest Baptist Church

Pledge of Allegiance to the Flag

APPROVE AGENDA

CEREMONIAL PRESENTATIONS

ID 21-820

“Special Presentation from Fresno County Sheriff Margaret

Mims to the Fresno Police Department in Appreciation for

Support of the 2020 Creek Fire.”

Council President Chavez

Sponsors:

ID 21-824

Proclamation for “Jay Kalpakoff Day”

Councilmember Karbassi

Sponsors:

ID 21-859

Proclamation for “Valley Caregivers Month”

Councilmember Karbassi

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 21-031

Approval of minutes for the November 3, 2021 Special

Closed Session City Council Meeting, the November 4, 2021

Special Closed Session City Council Meeting and the

November 4, 2021 Regular City Council Meeting.

Office of the City Clerk

Sponsors:

1.-B. ID 21-865

Award a three-year Requirements Contract to RO Bus Sales

of Corona, California, for Medium Accessible Paratransit

Cutaways Unleaded Buses for the Department of

Transportation Fresno Area Express Handy Ride to purchase

no more than 69 buses for a total amount of $7,235,874.98

plus annual CPI adjustments, and authorize the Director of

Transportation, or designee, to execute the contract

documents (Bid File 9576).

Department of Transportation

Sponsors:

1.-C. ID 21-866

Approve the award of a purchase contract to 72 Hour LLC of

Watsonville, California, for the purchase of 91 Dodge

Durango marked patrol vehicles in the amount of

$3,635,531.35 for the Police Department. Delay of action on

this item will result in an additional six months added to the

procurement as a result of COVID-19 pandemic supply

constraints (Bid File 3841).

Department of Transportation

Sponsors:

1.-D. ID 21-867

Authorize the Director of Transportation or designee, to

execute an agreement between the City of Fresno and

California State University, Fresno (CSUF) allowing CSUF

students, staff, and faculty to use their university-issued

identification cards to access Fresno Area Express (FAX)

fixed-route buses at no cost.

Department of Transportation

Sponsors:

1.-E. ID 21-772

Authorize the Director of the Department of Transportation (or

designee) to enter into an Agreement with Fresno Unified

School District, to enable the Municipal Fleet Division to

become a work-based learning location for non-paid student

internships focused on automotive technologies and fleet

maintenance through June 1, 2023, with provisions for three

one-year extensions, at no cost to the City. This fits within the

Mayor’s One Fresno Vision for Youth Initiatives and

Economic Mobility, as this includes job training, education,

and access to a career path.

Department of Transportation

Sponsors:

1.-F. ID 21-872

Actions pertaining to as needed coating inspection services

for Department of Public Utilities infrastructure (Citywide):

1. Approve a consultant services agreement with Bay Area

Coating Consultants, Inc., for an amount not to exceed

$250,000

2. Approve a consultant services agreement with Coating

Specialists and Inspection Services, Inc., for an amount not to

exceed to $250,000

Department of Public Utilities

Sponsors:

1.-G. ID 21-880

Actions pertaining to a solar and energy storage project at

the Fresno-Clovis Regional Wastewater Reclamation Facility

(Council District 3):

1. Adopt the Addendum to Mitigated Negative Declaration

SCH No. 2012061089, dated November 10, 2021, prepared

for the Fresno-Clovis Regional Wastewater Reclamation

Facility Solar Power Project pursuant to CEQA Guidelines

Sections 15162 and 15164.

2. Approve an Amended and Restated cooperative purchase

Energy Services Agreement-Energy Storage with FFP BTM

Solar, LLC, for the design, financing, construction,

installation, operation, and maintenance of a 2,310.3 /

9,241.2 kWh (estimated) energy storage system at the

Fresno-Clovis Regional Wastewater Reclamation Facility to

obtain energy demand reductions.

Department of Public Utilities

Sponsors:

1.-H. ID 21-900

Actions pertaining to the waste gas flare at the Fresno-Clovis

Regional Wastewater Reclamation Facility (Bid File No.

3750) (District 3):

1. Award a construction contract to W.M. Lyles Co., in the

amount of $6,395,900 for construction of Waste Gas Flare

Improvements

2. Approve the Second Amendment to the consultant

services agreement with Carollo Engineers, Inc., to extend

the term of the contract from March 31, 2022, to January 31,

2023, for professional engineering services during

construction (no additional dollars)

Department of Public Utilities

Sponsors:

1.-I. ID 21-877

Reject all bids for the Furnish and Install Contract for the

purchase and installation of a replacement control valve on

the Friant-Kern Canal Pipeline at the City of Fresno’s

Northeast Surface Water Treatment Facility (Bid File 3786)

(Council District 6).

Department of Public Utilities

Sponsors:

1.-J. ID 21-876

Approve Amendment No. 7 to the November 17, 2016 Copper

River Ranch Water Supply Implementation Agreement

requesting to eliminate the requirement for the construction of

PS 371 following a new water supply analysis conducted by

the Developer (Council District 6).

Department of Public Utilities

Sponsors:

1.-K. ID 21-887

Actions pertaining to a Solar Energy Ground Lease between

City of Fresno and Fresno Community Solar Developers,

LLC., at the Regional Wastewater Reclamation Facility

(Council District 3):

1. Adopt Mitigated Negative Declaration No. P21-02498

dated November 10, 2021, and Addendum to Mitigated

Negative Declaration No. P21-02498 dated November 23,

2021, prepared pursuant to CEQA Guidelines Sections

15070 through 15075, and find based on the City’s own

independent judgment and analysis, that with the mitigation

incorporated, there is no substantial evidence that the project

will have a significant effect on the environment.

2. Approve the Agreement for Solar Energy Ground Lease

between City of Fresno and Fresno Community Solar

Developers, LLC., to lease 74.41 acres of land at the Fresno

Clovis Regional Wastewater Reclamation Facility to generate

solar energy under the California Public Utilities Commission

Disadvantaged Communities-Green Tariff Program.

Department of Public Utilities

Sponsors:

1.-L. ID 21-882

Actions pertaining to a Discontinuation of Residential Water

Service for Nonpayment Policy:

1. ***RESOLUTION - Adopting a Discontinuation of

Residential Water Service for Nonpayment Policy (Subject to

Mayor’s Veto)

2. BILL - (For introduction) Amending Article 1 of Chapter 6

of the Fresno Municipal Code, relating to billing and

collection procedures for municipal utilities

Department of Public Utilities and Finance Department

Sponsors:

1.-M. ID 21-881

***RESOLUTION - Authorizing the Department of Public

Utilities to apply for and participate in the California Water

and Wastewater Arrearage Payment Program (Subject to

Mayor’s Veto).

Department of Public Utilities

Sponsors:

1.-N. ID 21-885

Award a Requirements Contract for Citywide Copier Lease

Program in the amount of $386,500.00 per year for five years

with an option for four one-year extensions to Ray Morgan

Company, of Fresno, CA, Bid File No. 9592.

Information Services Department

Sponsors:

1.-O. ID 21-906

Actions pertaining to Commercial Cannabis Activity:

1. ***RESOLUTION - 27th Amendment to the Annual

Appropriation Resolution (AAR) No. 2021-178 appropriating

$27,500 for the OpenGov, Inc., software services and

support agreement. (Requires 5 Affirmative Votes) (Subject to

Mayor’s Veto).

2. Approve an Amendment with OpenGov, Inc., for a total

contract value of $71,650, for software services, support, and

professional services.

Office of Mayor & City Manager

Sponsors:

1.-P. ID 21-947

Award of Consultant Services Contract for Fresno Youth

Commission Management to California Health Collaborative

for one year plus two one-year extensions for a total amount

Not to Exceed $258,048.00

Office of Mayor & City Manager

Sponsors:

1.-Q. ID 21-765

***RESOLUTION - Authorizing joint application to and

participation in the HomeKey Program to sustain and rapidly

expand housing for youth experiencing homelessness or at

risk of homelessness, and who are, thereby, inherently

impacted by or at increased risk for medical diseases or

conditions due to the COVID-19 pandemic. (Subject to

Mayor’s Veto).

Planning and Development Department

Sponsors:

1.-R. ID 21-921

***RESOLUTION - Authorizing application to and

participation in the Homekey Program to sustain and rapidly

expand housing for persons experiencing homelessness or at

risk of homelessness, and who are, thereby, inherently

impacted by or at increased risk for medical diseases or

conditions due to the COVID-19 pandemic. (Subject to

Mayor’s Veto).

Planning and Development Department

Sponsors:

1.-S. ID 21-905

Authorize the Chief of Police to enter an agreement with

County of Fresno for the reimbursement of five Fresno Police

Officers, one Police Sergeant, and one Crime Analyst which

will be assigned to the Adult Compliance Team (ACT) in an

amount not to exceed $1,596,691 for Fiscal Year 2021-22.

Police Department

Sponsors:

1.-T. ID 21-888

Approve First Amendment to Agreement with Provost &

Pritchard Consulting Group adding $22,700 for a total of

$195,150 with a contingency amount of $17,245 for the Van

Ness and Weldon Pocket Park project (Council District 1).

Public Works Department

Sponsors:

1.-U. ID 21-891

Actions pertaining to Final Map of Tract No. 6335:

1. RESOLUTION - Approving the Final Map of Tract No.

6335, Phase 2 of Vesting Tentative Tract Map No. 6235, and

accepting dedicated public uses offered therein except for

dedications offered subject to City acceptance of developer

installed required improvements - northeast corner of Olive

Avenue and Armstrong Avenue (Council District 4).

Public Works Department

Sponsors:

1.-V. ID 21-892

Actions pertaining to Final Map of Tract No. 6270:

1. RESOLUTION - Approving the Final Map of Tract No.

6270, of Vesting Tentative Tract Map No. 6270, and

accepting dedicated public uses offered therein except for

dedications offered subject to City acceptance of developer

installed required improvements - West side of South Willow

Avenue, between East Fillmore Avenue and East Laurel

Avenue (Council District 7).

Public Works Department

Sponsors:

1.-W. ID 21-853

Approve the appointment of Amy Fuentes to the Council

District 2 Project Review Committee.

Councilmember Karbassi

Sponsors:

1.-X. ID 21-964

Items related to Campus Pointe development:

Approve Implementation Agreement modifying

2007 Settlement Agreement with Kashian Enterprises, L.P.;

and

***Approve Annual Appropriation Resolution

(AAR) amendment for a total of $517,022.00, for

reimbursement of certain development fees paid under

protest (Requires 5 Affirmative Votes) (Subject to Veto).

Councilmember Maxwell

Sponsors:

1.-Y. ID 21-811

***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.-Z. ID 21-862

Approve Employment Agreement of City Clerk, Effective

November 15, 2021.

Council President Chavez

Sponsors:

ID 21-838

Approval of City Council Meeting Schedule for Calendar Year

2022

-AA.

Office of the City Clerk

Sponsors:

CONTESTED CONSENT CALENDAR

2. SCHEDULED COUNCIL HEARINGS AND MATTERS

10:00 A.M. #1

ID 21-810

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 a total of 599 single-family residential

homes as a component of Vesting Tentative Tract Map Nos.

5456, 5463, 6183, and 6184 (Council District 3) - Planning

and Development Department.

1. ADOPT an addendum to the previously adopted Mitigated

Negative Declaration for Environmental Assessment No. T-

6183/T-6184 dated June 26, 2020, environmental finding for

Environmental Assessment Nos. R-05-43/T-5456 dated

October 19, 2005 and R-05-45/T-5463/C-05-140 dated

February 9, 2006, pursuant to Section 15164 of the California

Environmental Quality Act (CEQA) Guidelines.

2. BILL (For Introduction) - Approving the Development

Agreement by and between the City of Fresno and Fagundes

Bros. Dairy, pertaining to the Oasis Master Plan Area, which

consists of Vesting Tentative Tract Map Nos. 5456, 5463,

6183, and 6184, situated on the east and west side of South

Valentine Avenue, north of West Madison Avenue.

Planning and Development Department

Sponsors:

10:00 A.M. #2

ID 21-837

(CONTINUED FROM NOVEMBER 4, 2021, AT 10:00 A.M.)

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:

10:00 A.M. #3

ID 21-870

(CONTINUED FROM NOVEMBER 4, 2021, AT 10:00 A.M.)

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:

10:05 A.M.

ID 21-734

WORKSHOP - Defining highest-need neighborhoods as it

pertains to the Fresno Clean and Safe Neighborhood Parks

Transactions and Use Tax, also known as Measure P

(Citywide).

Parks, After School and Recreation and Community Services

Department

Sponsors:

6:00 P.M.

ID 21-889

Actions pertaining to Redistricting:

1. HEARING - regarding redistricting

2. BILL (for introduction) - Adopting new Council District

boundaries pursuant to the Council redetermination process

set forth in Section 304.1 of the Charter of the City of Fresno,

Section 21621-21629 of the California Elections Code, and

Article 2, Chapter 2, of the Fresno Municipal Code

Vice President Esparza, Councilmember Arias and

Councilmember Maxwell

Sponsors:

3. GENERAL ADMINISTRATION

3.-A. ID 21-924

Action pertaining to budgeting American Rescue Plan Act of

2021 (ARPA) funds:

1. ***RESOLUTION - 30th Amendment to the Annual

Appropriations Resolution (AAR) No. 2021-178 appropriating

$38,155,000 for citywide operational support that will be

funded from first tranche of ARPA funds (Requires 5

Affirmative Votes)(Subject to Mayor’s Veto)

Office of Mayor & City Manager

Sponsors:

4. CITY COUNCIL

5. CLOSED SESSION

5.-A. ID 21-840

CONFERENCE WITH LEGAL COUNSEL-EXISTING

LITIGATION Government Code Section 54956.9, subdivision

(d)(1)

Case Name: Martin Lopez v. City of Fresno, et al.; Fresno

County Superior Court Case No. 18CECG03618.

(Department of Transportation)

City Attorney's Office

Sponsors:

5.-B. ID 21-848

CONFERENCE WITH REAL PROPERTY NEGOTIATOR -

Government Code Section 54956.8

Property: APN 303-082-37

Negotiating Parties: City Manager, Omar Yanez

Under Negotiation: Price and terms of sale

Councilmember Karbassi

Sponsors:

5.-C. ID 21-920

CONFERENCE WITH LEGAL COUNSEL - PUBLIC

SECURITY - Government Code Section 54957(a):

Matters posing a threat to the security of public buildings, the

security of essential public services, and to the public’s right

of access to public services and public facilities, and related

actions pertaining to the Declaration by Governor Newsom of

a State of Emergency to Help State Prepare for Broader

Spread of COVID-19, and related local concerns.

Office of Mayor & City Manager

Sponsors:

5.-D. ID 21-939

CONFERENCE WITH LABOR NEGOTIATORS -

Government Code Section 54957.6

1. International Union of Operating Engineers, Stationary

Engineers, Local 39, Unit 1 (Local 39); 2. Fresno City

Employees Association, Unit 3 (FCEA); 3. Fresno Police

Officers Association, Unit 4 (FPOA Basic); 4. International

Association of Firefighters, Local 753, Unit 5 (IAFF Fire

Basic); 5. Amalgamated Transit Union, Local 1027, Unit 6

(ATU); 6. International Brotherhood of Electrical Workers,

Local 100, Unit 7 (IBEW); 7. Fresno Police Officers

Association, Unit 9 (FPOA Management); 8. International

Association of Firefighters, Local 753, Unit 10 (IAFF Fire

Management); 9. Fresno Airport Public Safety Supervisors,

Unit 11 (FAPSO); 10. City of Fresno Professional Employees

Association, Unit 13 (CFPEA); 11. City of Fresno

Management Employees Association, Unit 14 (CFMEA); 12.

Fresno Airport Public Safety Supervisors, Local 3, Unit 15

(FAPSS)

Office of Mayor & City Manager

Sponsors:

ADJOURNMENT

UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS

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

10:05 A.M. - HEARING to consider Plan Amendment and Rezone Application No.

P21-01875, Vesting Tentative Tract Map Nos. 6238 and 6246, and the

Subsequent Environmental Impact Report State Clearinghouse No. 2000021003,

for the “Copper River Ranch” development located near East Copper Avenue and

North Friant Road (Council District 6)

December 9, 2021

10:10 A.M. #1 - HEARING to consider Plan Amendment and Rezone Application

No. P19-00417 and the Addendum to Final Environmental Impact Report (EIR)

State Clearinghouse (SCH) No. 2020039061 for the proposed “Parc West”

development on the northwest corner of North Grantland and West Ashlan

Avenues. (Council District 1)

December 9, 2021

10:10 A.M. #2 - HEARING to consider Plan Amendment and Rezone Application

No. P21-01202 and related Environmental Assessment No. P21-01202, for

property located on the east side of North Fowler Avenue between East Shields

and East Princeton Avenues (Council District 4).

December 9, 2021

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

Location: Fresno City Hall, 2nd Floor

UPCOMING EMPLOYEE CEREMONIES

2021 CITY COUNCIL MEETING SCHEDULE

DECEMBER 9, 2021 – 9:00 A.M.

DECEMBER 16, 2021 – NO MEETING (CANCELLED)

DECEMBER 23, 2021 – NO MEETING

DECEMBER 30, 2021 – NO MEETING