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Regular Meeting

Fresno, CA · October 28, 2021

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City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Meeting Minutes - Final Thursday, October 28, 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 City Council Meeting Minutes - Final October 28, 2021 9:00 A.M. ROLL CALL Council President Chavez called the meeting to order at 9:06 A.M. Present: 7 - President Luis Chavez Vice President Nelson Esparza Councilmember Esmeralda Z. Soria Council Member Mike Karbassi Council Member Miguel Angel Arias Councilmember Tyler Maxwell Councilmember Garry Bredefeld Invocation by Ron Killian Pledge of Allegiance to the Flag APPROVE AGENDA Interim City Clerk Parra announced the following changes to the agenda: The following items were requested to be pulled from the agenda to a future date. 3-A File ID 21-736 – 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 (Subject to Mayor's Veto) (Requires 5 Affirmative votes) 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 Veto) was removed from the agenda and continued to November 4, 2021 at the staff’s request. The following were changes to the agenda: 1-A 21-673 – Approval of Minutes for October 14, 2021 Regular Council meeting should include adjourned in memory of Fresno County Sheriff Toamalama Scanlan City of Fresno ***Subject to Mayoral Veto Page 2 City Council Meeting Minutes - Final October 28, 2021 Interim City Clerk Parra noted for the record with respect to Consent calendar items: 1C File ID 21-660- Approve a water infrastructure reimbursement agreement with State Center Community College District and 1H File ID 21-674 – Resolution – 13th Amendment to the Annual Appropriation Resolution (AAR) to appropriate $377,700 for the joint training program between Fresno City College (Sate Center Community college) and the Fresno Fire Department (Requires 5 Affirmative Votes)(Subject to Mayor's Veto); Council Vice President Esparza and Councilmember Soria are employed by State Center Community College District, but recusal is not required under the Political Reform Act. The following items were requested to be pulled from the Consent Calendar and moved to Contested Consent for further discussion. 1-C File ID 21-660 - Approve a Water Infrastructure Reimbursement Agreement with the State Center Community College District, to authorize a reimbursement for the construction of a portion of a 12-inch diameter water main in East Cambridge Avenue, between North Blackstone and North San Pablo Avenues, in the amount of $139,733.65 (Council District 7). was pulled by Councilmember Arias. 1-D File ID 21-669 - Actions pertaining to the purchase of liquefied carbon dioxide: 1. Reject all bids for the Requirements Contract for Liquefied Carbon Dioxide (CO2) (Bid File 9603) (Citywide) 2. ***RESOLUTION - Declaring an urgent necessity for the preservation of life, health, and property and authorizing the Purchase Manager of the Finance Department or designee to contract for the purchase and delivery of liquefied CO2 (Subject to Mayor’s Veto). 3. Approve an agreement with Airgas USA, LLC, (Airgas) for the purchase of CO2 for a contract term of three years, with provisions for two, one year extensions, with an amount not to exceed $1,750,000. (Bid File 9628) (Citywide) was pulled by Councilmember Maxwell. 1-F File ID 21-667 - RESOLUTION - Authorizing application, by the Department of Public Utilities, in cooperation with the Department of Public City of Fresno ***Subject to Mayoral Veto Page 3 City Council Meeting Minutes - Final October 28, 2021 Works and Parks, After School, Recreation and Community Services Department, to the United States Department of the Interior, Bureau of Reclamation for a WaterSMART Drought Response Program: Drought Resiliency Projects Grant for Fiscal Year 2022 in the amount of $293,450 for the City of Fresno Recycled Water Retrofit Project (Council District 3). was pulled by Councilmember Arias. 1-K File ID 21-666 - 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). was pulled by Councilmember Maxwell 1-N File ID 21-681 - Authorize the Chief of Police to enter into a three-year City of contract to provide law enforcement services for special events at California State University, Fresno in exchange for payment of no more than $751,110. was pulled by Councilmember Arias 1-R File ID 21-689 -***RESOLUTION - Adopting the 20th Amendment to the Annual Appropriation Resolution No. 2021-178 to appropriate $512,500 for new capital improvement projects in the Public Works Department (citywide) (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto) was pulled by Councilmember Arias 1-T File ID 21-725 - Actions pertaining to a speed bump pilot program: 1. ADOPT a determination that the proposed project is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301/Class 1 (negligible expansion of the existing street use) of CEQA Guidelines. 2. ***RESOLUTION - Rescinding the 2006 ban on speed bumps and creating a pilot program in District 3 (Subject to Mayor’s Veto) was pulled by Councilmember Arias On motion of Councilmember Arias, seconded by Councilmember Bredefeld, that the above be approved as amended. The motion carried by the following vote: Aye: 7 - Chavez, Esparza, Soria, Karbassi, Arias, Maxwell and Bredefeld City of Fresno ***Subject to Mayoral Veto Page 4 City Council Meeting Minutes - Final October 28, 2021 CEREMONIAL PRESENTATIONS The below Ceremonial Presentations were presented to Council ID 21-716 Proclamation for “Domestic Violence Awareness Month - Marjaree Mason Center” ID 21-729 Proclamation for “National Disability Employment Awareness Month” ID 21-732 Announcement of Fall Employee of the Quarter (EOQ) recipients COUNCILMEMBER REPORTS AND COMMENTS Councilmember Soria thanked Mayor Dyer, Fresno Irrigation District, and other agencies who were able to provide their services Wednesday morning for the relocation of approximately 30 unhoused individuals and the cleanup of the encampment located at Dakota and Fruit. She asked City Manager Esqueda during the budget process there was motion made for Fire Station 12’s relocation which included acquisition of property on Ashlan Avenue, she asked for an update on the timeline on the completion of the relocation; she would also like an update on the Fire training facilities and the timeline. She announced on Saturday, October 30, 2021 in the afternoon at Inspiration Park she will be hosting her annual fall festival. She thanked everyone who partnered up with her district to provide a safe and fun time. Councilmember Karbassi attended the 100 Anniversary event of the Fig Garden Women’s Club. He had a meeting last Saturday with Armenian Ambassador Lilit Makunts and presented her certificate. He thanked the Council and residents of Pinedale for showing up and voicing their concerns on the cannabis applications Councilmember Arias recognized staff and the administration for approving 17 cannabis applications. He asked for an update on the plan for Chinatown and Tower regarding homelessness and trash cleanup. He spoke regarding the COVID Committee received the draft RFP for the America Rescue Funds that the Administration put together. He invited all the Community Base Organizations to respond. Councilmember Maxwell announced there is now Wi-Fi on Fax buses on the BRT route. He thanked Mark Standriff for the Beautify Fresno event for City of Fresno ***Subject to Mayoral Veto Page 5 City Council Meeting Minutes - Final October 28, 2021 the Thomas Elementary large park neighborhood and cleaned up about 800 pounds of trash. He honored Legends Comic for small business of the month. He thanked his staff for helping put together the fall fest held last Saturday at Vineland Park. Councilmember Bredefeld commended the Administration for all the evaluation on the dispensaries. He announced he will be holding a district town hall meeting on Tuesday, November 9, 2021 at Liberty Elementary School located at 1250 East Liberty Hill from 6:00 P.M. to 7:30 P.M. Council Vice President Esparza attended this past Saturday, Trunk or Treat at Manchester Center. He joined the School Area Team (SAT) and participated in the pumpkin give away at Burroughs Elementary School. He stated he and Mayor Dyer joined the Fresno Mission last week to announce the project City Center located at Dakota east of Blackstone. He thanked Council President Chavez, Interim City Clerk Parra, and City Attorney’s Office for helping him prepare for 2022 Council President responsibilities. Council President Chavez thanked Mayor Dyer for the Beautify Fresno cleanup done at Southeast Fresno, Clovis, and Kings Canyon. MAYOR/MANAGER REPORTS AND COMMENTS Mayor Dyer thanked Councilmember Soria for bringing up the issues with Palm and Dakota and stated he drove around District 1 with Councilmember Soria to discuss the district needs. He stated he will be meeting with each district to get their input to discuss the ARPA money and how it will be spent. He spoke regarding HomeKey program and stated there will be a housing subcommittee meeting with Councilmember Bredefeld, Councilmember Soria, Councilmember Arias, City Manager, and Mayor Dyer on November 2, 2021. He took part in building pocket tier homes on Santa Clara that will house individuals. There will be a community cleanup, "Boo-tafied" on Saturday, October 30, 2021 located at 1279 N Wishon from 9:00 A.M. to 11:00 A.M. City Manager Esqueda spoke regarding the equipment acquisition. He acknowledged Jennifer Ruiz for all her hard work on the cannabis applications. He recognized the ordinance may need to be adjusted and will City of Fresno ***Subject to Mayoral Veto Page 6 City Council Meeting Minutes - Final October 28, 2021 work with the Council to bring something forward. He spoke regarding Chinatown and the cleanup efforts and stated the neighborhood industry contract will be coming before council next week. UNSCHEDULED COMMUNICATION Upon call, the following members of the public addressed Council: Lisa Flores, Ivanka Saunders, Anthony Molina, Robert McCloskey, Brandi Villages, Dez Martinez, and Courtney McClellan. 1. CONSENT CALENDAR On motion of Councilmember Karbassi, seconded by Councilmember Soria, that the above be adopted. The motion carried by the following vote: Aye: 7 - Chavez, Esparza, Soria, Karbassi, Arias, Maxwell and Bredefeld 1.-A. ID 21-673 Approval of Minutes for October 14, 2021 Regular Council meeting. The above item was corrected in the record to include adjourn in memory of Fresno County Sheriff Toamalama Scnlan 1.-B. ID 21-659 Approve the First Amendment to the consultant services agreement with Bay Area Coating Consultants, Inc., to increase the original contract amount of $71,516 by $9,685 for a total contract amount of $81,201 to provide additional services during the construction phase of the Rehabilitation of Digesters 6 & 8 projects (Council District 3). 1.-C. ID 21-660 Approve a Water Infrastructure Reimbursement Agreement with the State Center Community College District, to authorize a reimbursement for the construction of a portion of a 12-inch diameter water main in East Cambridge Avenue, between North Blackstone and North San Pablo Avenues, in the amount of $139,733.65 (Council District 7). The above item was pulled from Consent Calendar by Councilmember Arias and moved to Contest Consent for further discussion. There was no public comment, no council discussion, and no introduction to council. APPROVED On motion of Councilmember Arias, seconded by Councilmember City of Fresno ***Subject to Mayoral Veto Page 7 City Council Meeting Minutes - Final October 28, 2021 Maxwell, that the above Action Item be approved. The motion carried by the following vote: Aye: 7 - Chavez, Esparza, Soria, Karbassi, Arias, Maxwell and Bredefeld 1.-D. ID 21-669 Actions pertaining to the purchase of liquefied carbon dioxide: 1. Reject all bids for the Requirements Contract for Liquefied Carbon Dioxide (CO2) (Bid File 9603) (Citywide) 2. ***RESOLUTION - Declaring an urgent necessity for the preservation of life, health, and property and authorizing the Purchase Manager of the Finance Department or designee to contract for the purchase and delivery of liquefied CO2 (Subject to Mayor’s Veto). 3. Approve an agreement with Airgas USA, LLC, (Airgas) for the purchase of CO2 for a contract term of three years, with provisions for two, one year extensions, with an amount not to exceed $1,750,000. (Bid File 9628) (Citywide) The above item was pulled from the Consent Calendar by Councilmember Maxwell and moved to Contested Consent for further discussion. The item was introduced to Council by Director Carbajal, Department of Public Utilities. Councilmember Arias stated he does not support the public policy side and therefore will not vote for the above matter. RESOLUTION 2021-280 ADOPTED On motion of Councilmember Maxwell, seconded by President Chavez, that the above Action Item be adopted. The motion carried by the following vote: Aye: 6 - Chavez, Esparza, Soria, Karbassi, Maxwell and Bredefeld No: 1 - Arias 1.-E. ID 21-668 RESOLUTION - Authorizing an application by the Department of Public Utilities to the United States Department of the Interior, Bureau of Reclamation for a WaterSMART Grants: Water and Energy Efficiency Grant for Fiscal Year 2022 in an amount not to exceed $500,000 for the Smart Irrigation Controller Direct Install Program (Citywide). RESOLUTION 2021-281 ADOPTED City of Fresno ***Subject to Mayoral Veto Page 8 City Council Meeting Minutes - Final October 28, 2021 1.-F. ID 21-667 RESOLUTION - Authorizing application, by the Department of Public Utilities, in cooperation with the Department of Public Works and Parks, After School, Recreation and Community Services Department, to the United States Department of the Interior, Bureau of Reclamation for a WaterSMART Drought Response Program: Drought Resiliency Projects Grant for Fiscal Year 2022 in the amount of $293,450 for the City of Fresno Recycled Water Retrofit Project (Council District 3). The above item was pulled from the Consent Calendar by Councilmember Arias and moved to Contested Consent for further discussion. The item was introduced to Council by Director Carbajal, Department of Public Utilities and City Manager Esqueda, Office of the Mayor and City Manager. Councilmember Soria left the meeting at 11:00 A.M. Councilmember Arias recommended to staff that the city needs to demonstrate that recycled water can be used anywhere in the city and it is safe. RESOLUTION 2021-282 ADOPTED On motion of Councilmember Arias, seconded by Councilmember Maxwell, that the above Action Item be adopted. The motion carried by the following vote: Aye: 6 - Chavez, Esparza, Karbassi, Arias, Maxwell and Bredefeld Absent: 1 - Soria 1.-G. ID 21-678 Approve the award of a purchase contract to Swanson Fahrney Ford of Selma, California, for the purchase of 47 Ford vehicles for the Fire Department, PARCS Department, Department of Public Works, Construction Management Division, and Department of Public Utilities, Solid Waste Management Division and Homeless Assistance Response Team in the amount of $1,548,044. Bids expire October 31, 2021 (Bid File 3830). 1.-H. ID 21-674 ***RESOLUTION - 13th Amendment to the Annual Appropriation Resolution (AAR) No 2021-178 to appropriate $377,700 for the joint training program between Fresno City College (State Center Community College) and the Fresno Fire Department (Requires 5 City of Fresno ***Subject to Mayoral Veto Page 9 City Council Meeting Minutes - Final October 28, 2021 Affirmative Votes) (Subject to Mayor’s Veto). RESOLUTION 2021-283 ADOPTED 1.-I. ID 21-675 ***RESOLUTION - Adopting the 18th Amendment to the Annual Appropriation Resolution No . 2021-178 to appropriate $1,073,100 to complete the construction of Fire Station18 in Fiscal Year 2022. (Requires 5 affirmative votes) (Subject to Mayor’s Veto) . RESOLUTION 2021-284 ADOPTED 1.-J. ID 21-676 Actions relating to an agreement for automated utility bill payments: 1.Approve a three-year Professional Services Agreement with First Mobile Trust DBA First Billing Services in the amount of $478,800 for electronic bill presentment and payment services provided to all City of Fresno utility customers, 2.Affirm the City Manager’s determination that the provider is uniquely qualified, and 3.Authorize the Controller or designee to sign the agreement on behalf of the City. 1.-K. ID 21-666 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). The above item was pulled from the Consent Calendar by Councilmember Maxwell and moved to Contested Consent for further discussion. The item was introduced to Council by Project Manager Ruiz, Planning and Development Department. Councilmember Maxwell requested the matter be continued to November 4, 2021 and come up with a policy. Councilmember Arias suggested the Administration reassess changes to the ordinance On motion of Councilmember Maxwell, seconded by Councilmember Karbassi, that the above Action Item be continued to November 4, 2021. The motion carried by the following vote: Aye: 6 - Chavez, Esparza, Karbassi, Arias, Maxwell and Bredefeld Absent: 1 - Soria City of Fresno ***Subject to Mayoral Veto Page 10 City Council Meeting Minutes - Final October 28, 2021 1.-L. ID 21-655 Actions pertaining to supplemental funding provided by the U.S. Department of Housing and Community Development Office of Community Planning and Development (HUD CPD) through the HOME Investment Partnership Program - American Rescue Plan (HOME-ARP): 1. ***RESOLUTION - Approving submission of the HOME-ARP Grant Agreement to HUD CPD and authorizing the City Manager to sign all required implementing documents (Subject to Mayor’s Veto) 2. ***RESOLUTION - Adopting the 23rd amendment to the Annual Appropriation Resolution No. 2021-178 to appropriate $596,200 for HOME-ARP administrative and planning activity (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto) RESOLUTION 2021-285 ADOPTED RESOLUTION 2021-286 ADOPTED 1.-M. ID 21-665 Actions pertaining to a Deposit Assistance Program funded through the U.S. Department of Housing and Urban Development (HUD) entitlements funds to prevent, prepare for, and respond to COVID-19: 1. Approve an agreement with Centro La Familia in the amount of $250,000 in Emergency Solutions Grant-Coronavirus (ESG-CV) funds to operate Deposit Assistance Programs through June 30, 2022. 2. Approve an agreement with The Fresno Center in the amount of $250,000 in Emergency Solutions Grant-Coronavirus (ESG-CV) funds to operate Deposit Assistance Programs through June 30, 2022 1.-N. ID 21-681 Authorize the Chief of Police to enter into a three-year contract to provide law enforcement services for special events at California State University, Fresno in exchange for payment of no more than $751,110. The above item was pulled from the Consent Calendar by Councilmember Arias and moved to Contested Consent for further discussion. The item was introduced to Council by Mayor Dyer, Office of the Mayor and City Manager and Police Chief Balderrama, Fresno Police Department APPROVED On motion of Councilmember Arias, seconded by Councilmember Maxwell, that the above Action Item be approved. The motion carried by the following vote: Aye: 7 - Chavez, Esparza, Soria, Karbassi, Arias, Maxwell and Bredefeld City of Fresno ***Subject to Mayoral Veto Page 11 City Council Meeting Minutes - Final October 28, 2021 1.-O. ID 21-686 Actions pertaining to Final Map of Tract No. 6100 1. RESOLUTION - Approving the Final Map of Tract No. 6100, of Vesting Tentative Tract Map No. 6100, and accepting dedicated public uses offered therein except for dedications offered subject to City acceptance of developer installed required improvements - West side of North Armstrong Avenue between East Dakota and East Farrin Avenues (Council District 4). RESOLUTION 2021-287 ADOPTED 1.-P. ID 21-688 Adopt the Citywide Americans with Disabilities Act Self-Evaluation Update FY22-FY27 Action Plan. 1.-Q. ID 21-712 ***BILL B-44 - (Intro 10/14/2021) (For Adoption) Amending the uncodified ordinance to adopt changes and additions to the official list of designated special speed zones for various streets within the City of Fresno pursuant to Section 14-1501 of the Fresno Municipal Code (Citywide) (Subject to Mayor’s Veto). ORDINANCE 2021-047 ADOPTED 1.-R. ID 21-689 ***RESOLUTION - Adopting the 20th Amendment to the Annual Appropriation Resolution No. 2021-178 to appropriate $512,500 for new capital improvement projects in the Public Works Department (citywide) (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto). The above item was pulled from the Consent Calendar by Councilmember Arias and moved to Contested Consent for further discussion. The item was introduced to Council by Director Mozier, Public Works Department. Councilmember Maxwell recommended to have an education flyer and distribute to the surrounding neighborhoods, schools, and the parents. RESOLUTION 2021-288 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 - Chavez, Esparza, Soria, Karbassi, Arias, Maxwell and Bredefeld City of Fresno ***Subject to Mayoral Veto Page 12 City Council Meeting Minutes - Final October 28, 2021 1.-S. ID 21-648 RESOLUTION - Naming Outlot C of Tract 6100 near Armstrong and Dakota Avenues the “Jerry De Young Park” and “Jerry De Young Raceway” RESOLUTION 2021-289 ADOPTED 1.-T. ID 21-725 Actions pertaining to a speed bump pilot program: 1. ADOPT a determination that the proposed project is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301/Class 1 (negligible expansion of the existing street use) of CEQA Guidelines. 2. ***RESOLUTION - Rescinding the 2006 ban on speed bumps and creating a pilot program in District 3 (Subject to Mayor’s Veto) The above item was pulled from Consent Calendar by Councilmember Arias and moved to Contested Consent for further discussion. The above item was introduced to Council by Councilmember Arias, District 3. Council President Chavez suggested to removed the term "pilot program" and have staff come back with a certain set of criteria so that they can fit in any type of neighborhood. Councilmember Arias motioned to approve as presented and to remove the term "pilot program" to a citywide effort. Once the criteria is establish it be brought back to council for approval. Council Vice President Esparza recommended the "pilot program" remain in the legislation and asked to consider putting constraints. Council President Chavez requested this matter come back to council with all the options and if the criteria fits for all districts. Councilmember Arias clarified his motion to approve as presented and to come back in 90 days with a criteria that would apply citywide for potential use of speed bumps. RESOLUTION 2021-290 ADOPTED On motion of Councilmember Arias, seconded by President Chavez, City of Fresno ***Subject to Mayoral Veto Page 13 City Council Meeting Minutes - Final October 28, 2021 that the above Action Item be adopted as amended. The motion carried by the following vote: Aye: 7 - Chavez, Esparza, Soria, Karbassi, Arias, Maxwell and Bredefeld CONTESTED CONSENT CALENDAR City Council recessed for lunch at 12:04 P.M. and returned from lunch at 1:33 P.M. 2. SCHEDULED COUNCIL HEARINGS AND MATTERS 10:00 A.M. ID 21-713 HEARING to Consider Development Permit Application No. P21-02326 and related Environmental Assessment No. P21-02326 for ±2.97 acres of property located on the east side of North Dante Avenue between East Escalon and West Bullard Avenues (Council District 2) - Planning and Development Department. The above hearing was called to order at 1:33 P.M. Upon call, there was no public comment, no council discussion, and no introduction to Council. APPROVED On motion of Councilmember Arias, seconded by Vice President Esparza, that the above Action Item be approved. The motion carried by the following vote: Aye: 5 - Chavez, Esparza, Arias, Maxwell and Bredefeld Absent: 2 - Soria and Karbassi 10:05 A.M. JOINT MEETING WITH THE FRESNO JOINT POWERS FINANCING AUTHORITY (JPFA). (MEMBERS OF JPFA BOARD: MAYOR DYER, CHAIR BREDEFELD, AND COUNCILMEMBER ESPARZA) JPFA Action Chair Bredefeld called the meeting to order at 1:35 P.M. ID 21-682 HEARING to Designate and authorize certain Finance Officers of the City of Fresno (“City”) to sign various investment and commercial banking documents, and to provide verbal City of Fresno ***Subject to Mayoral Veto Page 14 City Council Meeting Minutes - Final October 28, 2021 instruction required for prudent financial administration and safekeeping of Fresno Joint Powers Financing Authority (“JPFA”) funds and property. Upon call, there was no public comment and the above item was introduced to Council by Director Lima, Finance Department. On motion by Mayor Dyer, seconded by Councilmember Esparza the item be approved as presented. Motion PASSED 3-0. JPFA -50 ADOPTED ID 21-684 HEARING to Consent to and authorize the investment monies in the Local Agency Investment Fund (“LAIF”) in the custody of the State Treasurer for purposes of prudent financial administration and safekeeping of Fresno Joint Powers Finance Authority (“JPFA”) funds, and authorize certain Finance Officers of the City of Fresno (“City”) in connection therewith Upon call, there was no public comment and the above item was introduced to Council by Director Lima, Finance Department. On motion by Mayor Dyer, seconded by Councilmember Esparza the item be approved as presented. Motion PASSED 3-0 JPFA 51 ADOPTED City Action ID 21-680 Appoint and authorize certain Finance Officers of the City of Fresno (“City”) to sign City checks and various investment and commercial banking documents, and to provide verbal instruction required for the prudent financial administration and safekeeping of City funds. Upon call, there was no public comment and the above item was introduced to Council by Director Lima, Finance Department. RESOLUTION 2021-291 ADOPTED On motion of Vice President Esparza, seconded by Councilmember Arias, that the above Action Item be approved. The motion carried by the following vote: City of Fresno ***Subject to Mayoral Veto Page 15 City Council Meeting Minutes - Final October 28, 2021 Aye: 7 - Chavez, Esparza, Soria, Karbassi, Arias, Maxwell and Bredefeld ID 21-683 Consent to and authorization of the investment of monies in the Local Agency Investment Fund (“LAIF”) in the custody of the State Treasurer for purposes of investment and authorize certain Finance Officers in connection therewith. Upon call, there was no public comment and the above item was introduced to Council by Director Lima, Finance Department. RESOLUTION 2021-292 ADOPTED On motion of Vice President Esparza, seconded by Councilmember Arias, that the above Action Item be approved. The motion carried by the following vote: Aye: 7 - Chavez, Esparza, Soria, Karbassi, Arias, Maxwell and Bredefeld Adjourn Joint Meeting The Joint meeting with the Joint Powers Financing Authority adjourned at 1:42 P.M. 3. GENERAL ADMINISTRATION 3.-A. ID 21-736 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 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 The above item was removed from the agenda and continued to November 4, 2021 4. CITY COUNCIL 5. CLOSED SESSION City Council recessed into Closed session at 1:42 P.M. and returned from City of Fresno ***Subject to Mayoral Veto Page 16 City Council Meeting Minutes - Final October 28, 2021 Closed Session at 1:51 P.M. Upon call, there was no public comment and no announcements made after Closed Session. 5.-A. ID 21-715 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Case Name: Renee Barton and Sheila Carollo v. City of Fresno (Department of Transportation); Fresno County Superior Court Case No. 19CECG03951 DISCUSSED ADJOURNMENT City Council adjourned at 1:51 P.M. City of Fresno ***Subject to Mayoral Veto Page 17

Agenda

City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Meeting Agenda - Final Thursday, October 28, 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 City Council Meeting Agenda - Final October 28, 2021 PUBLIC ADVISORY: THE FRESNO CITY COUNCIL WELCOMES YOU TO CITY COUNCIL CHAMBERS, LOCATED IN CITY HALL, 2ND FLOOR, 2600 FRESNO STREET, FRESNO, CALIFORNIA 93721. You can also participate in the meeting on our City’s website click on the URL https://fresno.legistar.com/Calendar.aspx and click on the “In progress” link under “video” for the corresponding meeting. The Council meeting can also be viewed live at 9:00 A.M. on Comcast Channel 96 and AT&T Channel 99. The City Council Chambers are open for public participation. However, members of the public are encouraged to participate electronically because of reduced capacity of seating in the Chambers to allow for social distancing, and masks will be required for the vaccinated and unvaccinated. PUBLIC COMMENT: The following options are available for members of the public who want to address City Council: 1. eComment at https://fresno.legistar.com/Calendar.aspx. a) eComments is a tool for citizens to use to make comments on agenda items. It will be open during the Council meeting and closed at the end of the meeting and will be a part of the official record. The User Agreement and Procedures document for eComment can be accessed by the URL https://www.fresno.gov/cityclerk/ b) eComments will be a maximum of 450 words. OR 2. You are invited to a Zoom webinar. When: October 28, 2021 9:00 AM Pacific Time (US and Canada) Topic: October 28, 2021 Regular Meeting a) Register in advance for this webinar: https://zoom.us/webinar/register/WN_UXq5-CJ9TZ664PBQjDOgQA After registering, you will receive a confirmation email containing information about joining the webinar. b) If you do not wish for your name to appear on the screen, then use the drop down menu and click on “rename” to rename yourself. c) If you wish to address Council during the public comment portion of the agenda, City of Fresno ***Subject to Mayoral Veto Page 2 City Council Meeting Agenda - Final October 28, 2021 click on the icon labeled “Participants” at the bottom center of your PC or Mac screen. At the bottom of the window on the right side of the screen, click the icon labeled “RaiseHand”. Your digital hand will now be raised. d) Those addressing Council must state their name for the record. e) To facilitate electronic access, no person shall speak until recognized by the Presiding Officer. OR 3. Email: to clerk@fresno.gov a) Residents may also email comments to be read during the meeting. Please include the agenda date and item number you wish to speak on in the subject line of your email. b) Emails will be a maximum of 450 words. c) All comments received will be distributed to Council prior and during the meeting and will be a part of the official record. 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. City of Fresno ***Subject to Mayoral Veto Page 3 City Council Meeting Agenda - Final October 28, 2021 9:00 A.M. ROLL CALL Invocation by Ron Killian Pledge of Allegiance to the Flag APPROVE AGENDA CEREMONIAL PRESENTATIONS ID 21-716 Proclamation for “Domestic Violence Awareness Month - Marjaree Mason Center” Sponsors: Council President Chavez, Vice President Esparza, Arias, Councilmember Bredefeld, Councilmember Maxwell, Councilmember Soria, Councilmember Karbassi and Office of Mayor & City Manager ID 21-729 Proclamation for “National Disability Employment Awareness Month” Sponsors: Office of Mayor & City Manager ID 21-732 Announcement of Fall 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 21-673 Approval of Minutes for October 14, 2021 Regular Council meeting. Sponsors: Office of the City Clerk 1.-B. ID 21-659 Approve the First Amendment to the consultant services agreement with Bay Area Coating Consultants, Inc., to City of Fresno ***Subject to Mayoral Veto Page 4 City Council Meeting Agenda - Final October 28, 2021 increase the original contract amount of $71,516 by $9,685 for a total contract amount of $81,201 to provide additional services during the construction phase of the Rehabilitation of Digesters 6 & 8 projects (Council District 3). Sponsors: Department of Public Utilities 1.-C. ID 21-660 Approve a Water Infrastructure Reimbursement Agreement with the State Center Community College District, to authorize a reimbursement for the construction of a portion of a 12-inch diameter water main in East Cambridge Avenue, between North Blackstone and North San Pablo Avenues, in the amount of $139,733.65 (Council District 7). Sponsors: Department of Public Utilities 1.-D. ID 21-669 Actions pertaining to the purchase of liquefied carbon dioxide: 1. Reject all bids for the Requirements Contract for Liquefied Carbon Dioxide (CO2) (Bid File 9603) (Citywide) 2. ***RESOLUTION - Declaring an urgent necessity for the preservation of life, health, and property and authorizing the Purchase Manager of the Finance Department or designee to contract for the purchase and delivery of liquefied CO2 (Subject to Mayor’s Veto). 3. Approve an agreement with Airgas USA, LLC, (Airgas) for the purchase of CO2 for a contract term of three years, with provisions for two, one year extensions, with an amount not to exceed $1,750,000. (Bid File 9628) (Citywide) Sponsors: Department of Public Utilities 1.-E. ID 21-668 RESOLUTION - Authorizing an application by the Department of Public Utilities to the United States Department of the Interior, Bureau of Reclamation for a WaterSMART Grants: Water and Energy Efficiency Grant for Fiscal Year 2022 in an amount not to exceed $500,000 for the Smart Irrigation Controller Direct Install Program (Citywide). Sponsors: Department of Public Utilities 1.-F. ID 21-667 RESOLUTION - Authorizing application, by the Department of Public Utilities, in cooperation with the Department of Public Works and Parks, After School, Recreation and Community Services Department, to the United States Department of the City of Fresno ***Subject to Mayoral Veto Page 5 City Council Meeting Agenda - Final October 28, 2021 Interior, Bureau of Reclamation for a WaterSMART Drought Response Program: Drought Resiliency Projects Grant for Fiscal Year 2022 in the amount of $293,450 for the City of Fresno Recycled Water Retrofit Project (Council District 3). Sponsors: Department of Public Utilities 1.-G. ID 21-678 Approve the award of a purchase contract to Swanson Fahrney Ford of Selma, California, for the purchase of 47 Ford vehicles for the Fire Department, PARCS Department, Department of Public Works, Construction Management Division, and Department of Public Utilities, Solid Waste Management Division and Homeless Assistance Response Team in the amount of $1,548,044. Bids expire October 31, 2021 (Bid File 3830). Sponsors: Department of Transportation 1.-H. ID 21-674 ***RESOLUTION - 13th Amendment to the Annual Appropriation Resolution (AAR) No 2021-178 to appropriate $377,700 for the joint training program between Fresno City College (State Center Community College) and the Fresno Fire Department (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto). Sponsors: Fire Department 1.-I. ID 21-675 ***RESOLUTION - Adopting the 18th Amendment to the Annual Appropriation Resolution No. 2021-178 to appropriate $1,073,100 to complete the construction of Fire Station18 in Fiscal Year 2022. (Requires 5 affirmative votes) (Subject to Mayor’s Veto). Sponsors: Fire Department 1.-J. ID 21-676 Actions relating to an agreement for automated utility bill payments: 1.Approve a three-year Professional Services Agreement with First Mobile Trust DBA First Billing Services in the amount of $478,800 for electronic bill presentment and payment services provided to all City of Fresno utility customers, 2.Affirm the City Manager’s determination that the provider is uniquely qualified, and 3.Authorize the Controller or designee to sign the agreement City of Fresno ***Subject to Mayoral Veto Page 6 City Council Meeting Agenda - Final October 28, 2021 on behalf of the City. Sponsors: Finance Department 1.-K. ID 21-666 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). Sponsors: Office of Mayor & City Manager and Mayor's Office 1.-L. ID 21-655 Actions pertaining to supplemental funding provided by the U.S. Department of Housing and Community Development Office of Community Planning and Development (HUD CPD) through the HOME Investment Partnership Program - American Rescue Plan (HOME-ARP): 1. ***RESOLUTION - Approving submission of the HOME-ARP Grant Agreement to HUD CPD and authorizing the City Manager to sign all required implementing documents (Subject to Mayor’s Veto) 2. ***RESOLUTION - Adopting the 23rd amendment to the Annual Appropriation Resolution No. 2021-178 to appropriate $596,200 for HOME-ARP administrative and planning activity (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto) Sponsors: Planning and Development Department 1.-M. ID 21-665 Actions pertaining to a Deposit Assistance Program funded through the U.S. Department of Housing and Urban Development (HUD) entitlements funds to prevent, prepare for, and respond to COVID-19: 1. Approve an agreement with Centro La Familia in the amount of $250,000 in Emergency Solutions Grant-Coronavirus (ESG-CV) funds to operate Deposit Assistance Programs through June 30, 2022. 2. Approve an agreement with The Fresno Center in the amount of $250,000 in Emergency Solutions Grant-Coronavirus (ESG-CV) funds to operate Deposit Assistance Programs through June 30, 2022 Sponsors: Planning and Development Department 1.-N. ID 21-681 Authorize the Chief of Police to enter into a three-year City of Fresno ***Subject to Mayoral Veto Page 7 City Council Meeting Agenda - Final October 28, 2021 contract to provide law enforcement services for special events at California State University, Fresno in exchange for payment of no more than $751,110. Sponsors: Police Department 1.-O. ID 21-686 Actions pertaining to Final Map of Tract No. 6100 1. RESOLUTION - Approving the Final Map of Tract No. 6100, of Vesting Tentative Tract Map No. 6100, and accepting dedicated public uses offered therein except for dedications offered subject to City acceptance of developer installed required improvements - West side of North Armstrong Avenue between East Dakota and East Farrin Avenues (Council District 4). Sponsors: Public Works Department 1.-P. ID 21-688 Adopt the Citywide Americans with Disabilities Act Self-Evaluation Update FY22-FY27 Action Plan. Sponsors: Public Works Department 1.-Q. ID 21-712 ***BILL B-44 - (Intro 10/14/2021) (For Adoption) Amending the uncodified ordinance to adopt changes and additions to the official list of designated special speed zones for various streets within the City of Fresno pursuant to Section 14-1501 of the Fresno Municipal Code (Citywide) (Subject to Mayor’s Veto). Sponsors: Public Works Department 1.-R. ID 21-689 ***RESOLUTION - Adopting the 20th Amendment to the Annual Appropriation Resolution No. 2021-178 to appropriate $512,500 for new capital improvement projects in the Public Works Department (citywide) (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto). Sponsors: Public Works Department 1.-S. ID 21-648 RESOLUTION - Naming Outlot C of Tract 6100 near Armstrong and Dakota Avenues the “Jerry De Young Park” and “Jerry De Young Raceway” Sponsors: Councilmember Maxwell City of Fresno ***Subject to Mayoral Veto Page 8 City Council Meeting Agenda - Final October 28, 2021 1.-T. ID 21-725 Actions pertaining to a speed bump pilot program: 1. ADOPT a determination that the proposed project is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301/Class 1 (negligible expansion of the existing street use) of CEQA Guidelines. 2. ***RESOLUTION - Rescinding the 2006 ban on speed bumps and creating a pilot program in District 3 (Subject to Mayor’s Veto) Sponsors: Arias CONTESTED CONSENT CALENDAR 2. SCHEDULED COUNCIL HEARINGS AND MATTERS 10:00 A.M. ID 21-713 HEARING to Consider Development Permit Application No. P21-02326 and related Environmental Assessment No. P21-02326 for ±2.97 acres of property located on the east side of North Dante Avenue between East Escalon and West Bullard Avenues (Council District 2) - Planning and Development Department. Sponsors: Planning and Development Department 10:05 A.M. JOINT MEETING WITH THE FRESNO JOINT POWERS FINANCING AUTHORITY (JPFA). (MEMBERS OF JPFA BOARD: MAYOR DYER, CHAIR BREDEFELD, AND COUNCILMEMBER ESPARZA) JPFA Action ID 21-682 HEARING to Designate and authorize certain Finance Officers of the City of Fresno (“City”) to sign various investment and commercial banking documents, and to provide verbal instruction required for prudent financial administration and safekeeping of Fresno Joint Powers Financing Authority (“JPFA”) funds and property. City of Fresno ***Subject to Mayoral Veto Page 9 City Council Meeting Agenda - Final October 28, 2021 Sponsors: Finance Department ID 21-684 HEARING to Consent to and authorize the investment monies in the Local Agency Investment Fund (“LAIF”) in the custody of the State Treasurer for purposes of prudent financial administration and safekeeping of Fresno Joint Powers Finance Authority (“JPFA”) funds, and authorize certain Finance Officers of the City of Fresno (“City”) in connection therewith Sponsors: Finance Department City Action ID 21-680 Appoint and authorize certain Finance Officers of the City of Fresno (“City”) to sign City checks and various investment and commercial banking documents, and to provide verbal instruction required for the prudent financial administration and safekeeping of City funds. Sponsors: Finance Department ID 21-683 Consent to and authorization of the investment of monies in the Local Agency Investment Fund (“LAIF”) in the custody of the State Treasurer for purposes of investment and authorize certain Finance Officers in connection therewith. Sponsors: Finance Department Adjourn Joint Meeting 3. GENERAL ADMINISTRATION 3.-A. ID 21-736 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 2. RESOLUTION - Adopting the 2nd Amendment to Position City of Fresno ***Subject to Mayoral Veto Page 10 City Council Meeting Agenda - Final October 28, 2021 Authorization Resolution No. 2021-179, adding 13 Positions in the Public Works Department and 41 Positions in the PARCS Department Sponsors: Public Works Department, Parks, After School and Recreation and Community Services Department 4. CITY COUNCIL 5. CLOSED SESSION 5.-A. ID 21-715 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Case Name: Renee Barton and Sheila Carollo v. City of Fresno (Department of Transportation); Fresno County Superior Court Case No. 19CECG03951 Sponsors: City Attorney's Office ADJOURNMENT City of Fresno ***Subject to Mayoral Veto Page 11 City Council Meeting Agenda - Final October 28, 2021 UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS November 4, 2021 10:00 A.M #1 – 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). November 4, 2021 10:0 A.M. #2 - HEARING to consider the Club One Casino, Inc. Card Room Permit Application. November 4, 2021 4:45 P.M. - WORKSHOP - Police Department ADR Program November 4, 2021 6:00 P.M.- HEARING regarding redistricting. Location: Fresno City Hall, 2nd Floor December 2, 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 (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 2, 2021 6:00 P.M.- HEARING regarding redistricting. Location: Fresno City Hall, 2nd Floor December 9, 2021 6:00 P.M.- HEARING regarding redistricting. Location: Fresno City Hall, 2nd Floor UPCOMING EMPLOYEE CEREMONIES November 17, 2021 (Wednesday - 2:00 P.M.) - Employee Service Awards City of Fresno ***Subject to Mayoral Veto Page 12 City Council Meeting Agenda - Final October 28, 2021 2021 CITY COUNCIL MEETING SCHEDULE NOVEMBER 4, 2021 – 9:00 A.M. MEETING 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 City of Fresno ***Subject to Mayoral Veto Page 13

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