City Council
Regular MeetingFresno, CA · November 7, 2019
Minutes
City of Fresno
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
Meeting Minutes - Final
Thursday, November 7, 2019
9:00 AM
Regular Meeting
Council Chambers
City Council
President - Paul Caprioglio
Vice President - Miguel Angel Arias
Councilmembers:
Esmeralda Z. Soria, Mike Karbassi, Luis Chavez, Garry Bredefeld,
Nelson Esparza
City Manager - Wilma Quan
City Attorney - Douglas T. Sloan
City Clerk - Yvonne Spence, MMC
City Council Meeting Minutes - Final November 7, 2019
The City Council met in regular session in the Council Chambers, City Hall on the
date and time written above.
9:05 A.M. ROLL CALL
Councilmember Soria was absent during roll call and joined the meeting at
9:08 A.M.
Present: 7 - President Paul Caprioglio
Vice President Miguel Angel Arias
Councilmember Esmeralda Z. Soria
Councilmember Mike Karbassi
Councilmember Luis Chavez
Councilmember Garry Bredefeld
Councilmember Nelson Esparza
Invocation by Bhai Sarbjeet Singh from The Sikh Institute of Fresno
Pledge of Allegiance to the Flag
APPROVE AGENDA
City Clerk Spence announced the following change to the agenda:
Proclamation of "National Run Away Month" was added to the agenda by
Councilmember Karbassi.
Councilmember Esparza requested File ID 19-11545 (4-B) - Resolution
amending the Salary Resolution and the Transparency in City Government
Act regarding the compensation of the Fire Chief and the Police Chief (The
Chief Selection Accountability Act) be removed from the agenda.
Council Vice President Arias requested File ID 19-11488 (1-E) - Resolution
authorizing the application for funding from the Urban Forestry Grant
Program entitled "Urban and Community Forestry Program" as provided
through the Greenhouse Gas Reduction Fund and File ID 19-11447 (3-D) -
Actions pertaining to the City Hall Municipal Services Center (MSC) energy
savings and sustainability capital improvement projects, be removed from
the agenda and continued to November 14, 2019.
On motion of Councilmember Chavez, seconded by Councilmember
Soria,the above Action was approved as amended. The motion
carried by the following vote:
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City Council Meeting Minutes - Final November 7, 2019
Aye: 7 - Caprioglio, Arias, Soria, Karbassi, Chavez, Bredefeld and
Esparza
APPROVE MINUTES
ID19-11464 Approval of Minutes for October 24, 2019.
On motion of President Caprioglio, seconded by Councilmember
Chavez, that the above Minutes be approved. The motion carried by
the following vote:
Aye: 7 - Caprioglio, Arias, Soria, Karbassi, Chavez, Bredefeld and
Esparza
CEREMONIAL PRESENTATIONS
The below ceremonial presentations were presented and "National Run
Away Month" was added by Councilmember Karbassi.
ID19-11504 Proclamation of “GURU NANAK’s 550th GURPURB, or BIRTH
ANNIVERSARY DAY”
ID19-11273 Mid Valley Disposal to Present their “Recycler of the Year” awards to IEH
Labs (District 4) and Chukchansi Park (District 3).
ID19-11460 Proclamation of “National Veterans Small Business Week”
ID19-11523 Proclamation of “North Fresno Lions 70th Anniversary Day”
ID19-11404 Proclamation of “Bob Meyers Day”
Proclamation of "National Run Away Month"
COUNCILMEMBER REPORTS AND COMMENTS
Councilmember Karbassi spoke regarding his meeting with the PARCs
Director and City Manager's Office regarding the parking situation at Orchid
Park. He announced his first Neighborhood meeting will be November 12,
2019 at Forkner Elementary from 5:30-7 P.M. and he stated the Veterans
Boulevard is fully funded by the build grant and thanked the staff for all their
hard work.
Councilmember Soria gave a presentation regarding illegal dumping as it
relates to District 1.
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City Council Meeting Minutes - Final November 7, 2019
Councilmember Bredefeld announced City Hall's second and third floor is
displaying a memorial for veterans. He mentioned Friday, November 8,
2019 at 10 A.M. in front of City Hall will be the unveiling of the Veterans
Memorial and thanked his staff, the Administration and Public Works for all
their hard work and support in getting the memorial completed. He spoke
regarding the GAP and the "No kill animal shelter."
Council President Caprioglio announced the win for the Fresno State
Bulldogs against the Hawaii Rainbow Warriors. He announced the
upcoming Fresno State Bulldog game will be Saturday, November 9, 2019
against the Utah State and Sunday, November 10, 2019 at the Save Mart
Center at 2 P.M. the Jersey, number 24 worn by Paul George will be retired.
Council President Caprioglio spoke regarding Coffee with Cops and
thanked McDonalds off Dakota and Cedar, the Northeast Police District for
their help and support. He congratulated the Fire Department on their recent
awards and promotions. He stated on October 31, 2019 Campus Point had
their "Fun O'Ween Day" also known as Trunk or Treat and thanked the Maya
Theater, Jamba Juice, Assemblymember Arambula, Senator Hurtado, the
Northeast Police and Fire Department for their participation in the event. He
stated Fresno State kicked off their celebrations by hosting their "Veteran's
Day Celebration" for Veterans Wednesday, November 6, 2019 and he
thanked Veteran's Resource Center.
CONSENT CALENDAR
On motion of Councilmember Chavez, seconded by President
Caprioglio,the below CONSENT CALENDAR items were adopted. The
motion carried by the following vote:
Aye: 7 - Caprioglio, Arias, Soria, Karbassi, Chavez, Bredefeld and
Esparza
1-A ID19-11294 Actions pertaining to as needed plan checking and inspection services:
1. Approve a consultant services agreement with Willdan Engineering,
Inc., in an amount not to exceed $100,000; and
2. Approve a consultant services agreement with Interwest Consulting
Group in and amount not to exceed $250,000.
1-B ID19-11407 Actions relating to repealing and adding Building Regulations in the Fresno
Municipal Code:
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City Council Meeting Minutes - Final November 7, 2019
1. BILL - (For introduction) - Adopting express findings related to local
climatic, topographical and geological conditions that make the City’s
amendments to the California Mechanical Code and California Plumbing
Code reasonably necessary and repealing Sections 11-101 through
Section 11-109 of Article1, Chapter 11 of the Fresno Municipal Code and
adding Sections 11-101 through Section 11-109 of Article1, of Chapter 11
to adopt and amend the California Building, Residential, Electrical,
Mechanical, Plumbing, Energy and Green Building Standards Codes.
BILL 41 INTRODUCED AND LAID OVER
1-C ID19-11470 Approve the Third Amendment to the professional consultant agreement
with Stantec Architecture, Inc., to redesign the 65 percent electric bus
charging infrastructure design documents to accommodate primary
electrical service through PG&E EV Fleet Program in the amount of
$73,987 and authorize the Director of Transportation or designee to
execute all related documents
1-D ID19-11502 Actions related to award of a service contract with DILAX Systems Inc., of
Quebec, Canada, in the amount of $67,131
1. Affirm the City Manager’s determination that DILAX
Systems, Inc., is uniquely qualified to perform maintenance services
for the Department of Transportation, FAX Division, Automatic
Passenger Counter system (APC)
2. Affirm the City Manager’s determination that DILAX Systems, Inc., is
uniquely capable as defined by the Federal Transit Administration
for sole-source non-competitive procurements, to perform
maintenance services for the Department of Transportation’s
Automatic Passenger Counter system
3. Award a two-year maintenance service agreement DILAX Systems,
Inc., of Quebec, Canada, in the amount of $67,131, with two
one-year options
1-E ID19-11488 RESOLUTION - Authorizing the Application for Funding from the Urban
Forestry Grant Program Entitled “Urban and Community Forestry Program”
as Provided Through the Greenhouse Gas Reduction Fund (Citywide)
The above item was pulled from the agenda by Council Vice President Arias
and continued to November 14, 2019.
1-F ID19-11490 RESOLUTION - Of Intention to Annex Final Parcel Map No. 2016-02 as
Annexation No. 26 to the City of Fresno Community Facilities District No. 9
and to Authorize the Levy of Special Taxes; and setting the public hearing
for December 5, 2019, at 10:00 am (northwest corner of North Willow and
East Shepherd Avenues) (Council District 6)
RESOLUTION 2019-217 ADOPTED
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City Council Meeting Minutes - Final November 7, 2019
1-G ID19-11507 Approve a Reimbursement Agreement with AT&T for $166,168.00 to
reimburse AT&T for expenses related to design, construction, and
oversight communication infrastructure relocations to accommodate the
“G” Street Realignment and authorize the Director or his designee to
execute an amendment up to a maximum amount of $34,000. (Council
District 3)
1-H ID19-11508 Actions pertaining to the Marks and Nielsen Traffic Signal - Bid File 3669
(Council District 3)
1. Adopt a finding of Categorical Exemption per staff’s determination,
pursuant to Section 15301(c) of the California Environmental Quality
Act Guidelines (CEQA)
2. Award a construction contract in the amount of $374,817 to
Audeamus Inc., dba Sebastian of Fresno, CA, as the lowest
responsive and responsible bidder for the Marks and Nielsen Traffic
Signal
1-I ID19-11512 ***Approve a Side Letter of Agreement with the Fresno City Employees
Association (FCEA), for Unit 3, Non-Supervisory White Collar, regarding
Lateral Hire Incentives for Emergency Services Dispatchers II/III (Subject
to Mayor’s Veto)
1-J ID19-11518 Actions related to the City’s Initiative to Combat Human Trafficking:
1. ***BILL NO. B-37 - (Intro. 10/24/2019) (For adoption) - Amending
Sections 9-1603, 9-1604, 9-1605, and 9-1609 of the Fresno
Municipal Code related to Massage Business Operations (Subject
to Mayor’s veto)
2. ***BILL No. B-38 - (Intro. 10/24/2019) (For adoption) - Amending
Section 9-105 of the Fresno Municipal Code related to hotel
registration (Subject to Mayor’s veto)
ORDINANCE 2019-038 ADOPTED
ORDINANCE 2019-039 ADOPTED
2. SCHEDULED COUNCIL HEARINGS AND MATTERS
10:00 A.M.#1
ID19-11494 HEARING to adopt resolutions and ordinance to annex territory
and levy a special tax regarding City of Fresno Community
Facilities District No. 11, Annexation No. 105 (Final Tract Map
No. 6100) (west side of North Armstrong Avenue between East
Ashlan and Dakota Avenues) (Council District 4)
1. ***RESOLUTION - To Annex Territory to Community
Facilities District No. 11 and Authorizing the Levy of a
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City Council Meeting Minutes - Final November 7, 2019
Special Tax for Annexation No. 105 (Subject to Mayor’s
Veto)
2. ***RESOLUTION - Calling Special Mailed-Ballot
Election (Subject to Mayor’s Veto)
3. ***RESOLUTION - Declaring Election Results (Subject
to Mayor’s Veto)
4. ***BILL - (For introduction and adoption) - Levying a
Special Tax for the Property Tax Year 2019-2020 and
Future Tax Years Within and Relating to Community
Facilities District No. 11, Annexation No. 105 (Subject to
Mayor’s Veto)
The item was called to order at 10:27 A.M. and was introduced to Council
by Assistant Director Benelli, Public Works Department. Councilmember
Karbassi left the meeting at 10:27 A.M.
Upon call, there was no public comment and no Council discussion.
RESOLUTION 2019-218 ADOPTED
RESOLUTION 2019-219 ADOPTED
RESOLUTION 2019-220 ADOPTED
BILL 42 AND ORDINANCE 2019-040 ADOPTED
On motion of President Caprioglio, seconded by Councilmember
Chavez, that the above Action Item be adopted. The motion carried by
the following vote:
Aye: 6 - Caprioglio, Arias, Soria, Chavez, Bredefeld and Esparza
Absent: 1 - Karbassi
10:00 A.M.#2
ID19-11491 HEARING to adopt resolutions and ordinance to annex territory
and levy a special tax regarding City of Fresno Community
Facilities District No. 11, Annexation No. 102 (Final Tract Map
No. 6191) (north side of Fancher Creek Drive west of North
Armstrong Avenue) (Council District 5)
1. ***RESOLUTION - To Annex Territory to Community
Facilities District No. 11 and Authorizing the Levy of a
Special Tax for Annexation No. 102 (Subject to Mayor’s
Veto)
2. ***RESOLUTION - Calling Special Mailed-Ballot
Election (Subject to Mayor’s Veto)
3. ***RESOLUTION - Declaring Election Results (Subject
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City Council Meeting Minutes - Final November 7, 2019
to Mayor’s Veto)
4. ***BILL - (For introduction and adoption) - Levying a
Special Tax for the Property Tax Year 2019-2020 and
Future Tax Years Within and Relating to Community
Facilities District No. 11, Annexation No. 102 (Subject to
Mayor’s Veto)
The item was called to order at 10:28 A.M. and was introduced to Council
by Assistant Director Benelli, Public Works Department. Councilmember
Karbassi returned to the meeting at 10:28 A.M.
Upon call, there was no public comment and no Council discussion.
RESOLUTION 2019-221 ADOPTED
RESOLUTION 2019-222 ADOPTED
RESOLUTION 2019-223 ADOPTED
BILL 43 AND ORDINANCE 2019-041 ADOPTED
On motion of Councilmember Chavez, seconded by President
Caprioglio, that the above Action Item be adopted. The motion carried
by the following vote:
Aye: 7 - Caprioglio, Arias, Soria, Karbassi, Chavez, Bredefeld and
Esparza
4. CITY COUNCIL
4-C ID19-11548 BILL - (For introduction) - Approve an ordinance of the City of Fresno,
California, adding Section 2-319 of the Fresno Municipal Code, relating to
confidentiality of attorney-client privileged and personnel records.
The above item was introduced to Council by Councilmember Karbassi,
District 2 and Councilmember Bredefeld, District 6. Councilmember
Karbassi stated there will be no penalty for whistle blowers and this
ordinance will not apply to the media, only elected officials and City
employees.
Upon call, the following member of the public addressed Council: Crystal
Cabrera.
Discussion held.
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City Council Meeting Minutes - Final November 7, 2019
Councilmember Chavez suggested paragraph (e) remove "the City Attorney"
from the section.
Council Vice President Arias directed staff to provide City Council with the
total cost of the leaks that were leaked from Closed Session.
Councilmember Soria requested the final ordinance for adoption be timed
so the members of the public can participate.
BILL 43 INTRODUCED AND LAID OVER
1:30 P.M. CONTESTED CONSENT CALENDAR
There were no items pulled for Contested Consent.
3. GENERAL ADMINISTRATION
3-A ID19-11411 Approve the award of a purchase contract to Haaker Equipment Company,
Inc., of La Verne, California, for the purchase of three Elgin CNG Broom
Bear street sweepers in the amount of $1,189,640
The above item was introduced to Council by Director Barfield,
Transportation Department. Upon call, there was no public comment and no
Council discussion.
APPROVED
On motion of Councilmember Bredefeld, seconded by
Councilmember Chavez, that the above Action Item be approved. The
motion carried by the following vote:
Aye: 7 - Caprioglio, Arias, Soria, Karbassi, Chavez, Bredefeld and
Esparza
3-B ID19-11506 ***RESOLUTION - 12th Amendment to the Annual Appropriation
Resolution (AAR) No. 2019-133 to appropriate $2,022,700 for operating
programs and previously approved capital improvement projects in the
Public Works Department (Citywide) (Requires 5 affirmative votes)
(Subject to Mayor’s veto)
The above item was introduced to Council by Director Mozier, Public Works
Department. Upon call, there was no public comment.
Discussion held.
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City Council Meeting Minutes - Final November 7, 2019
RESOLUTION 2019-224 ADOPTED
On motion of Councilmember Chavez, seconded by Councilmember
Bredefeld, that the above Action Item be adopted. The motion carried
by the following vote:
Aye: 7 - Caprioglio, Arias, Soria, Karbassi, Chavez, Bredefeld and
Esparza
3-C ID19-11428 Actions pertaining to the East Nees Avenue Pavement Rehabilitation
Project from North First Street to North Millbrook Avenue - Bid File No.
3687 (Council District 6)
1. Adopt a finding of Categorical Exemption per staff determination,
pursuant to Section 15301(c) Class 1 and 15302/Class 2 of the
California Environmental Quality Act guidelines.
2. Award a construction contract in the amount of $1,387,220.00 to Avison
Construction, Inc. of Madera, California.
The above item was introduced to Council by Supervising Engineering Tech
Bartel, Public Works Department. Upon call, there was no public comment.
Discussion held.
APPROVED
On motion of Councilmember Bredefeld, seconded by
Councilmember Chavez, that the above Action Item be approved. The
motion carried by the following vote:
Aye: 7 - Caprioglio, Arias, Soria, Karbassi, Chavez, Bredefeld and
Esparza
3-D ID19-11447 Actions pertaining to the City Hall and Municipal Services Center (MSC)
energy savings and sustainability capital improvement projects: ( Council
District 3)
1. Adopt findings of Categorical Exemptions pursuant to Sections
15301(c), 15301(d), and 15301(e) of the California Environmental
quality Action Guidelines
2. Approve a design build agreement with Alliance Building Solutions,
Inc., in the amount of $5,555,258 for an Energy Efficiency Program
and equipment, including but not limited to efficient lighting,
air-conditioning and control and monitoring systems, roof
replacement, elastomeric coating, and solar panels for
implementation of certain energy related and sustainability services
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City Council Meeting Minutes - Final November 7, 2019
3. Approve a Solar Power Purchase Agreement with Fresno Street
Solar Project 2019, LLC., for City Hall
4. Approve a Solar Power Purchase Agreement with El Dorado Street
Solar Project 2019, LLC., for the MSC
5. Approve a Solar Energy System Lease Agreement with Fresno
Street Solar Project 2019, LLC.,
6. Approve a Solar Energy System Lease Agreement with El Dorado
Street Solar Project 2019, LLC., and
7. Authorize the City Manager to enter into a Financing Agreement for
the City Hall and MSC Energy Efficiency Project for a rate not to
exceed 2.95%
The above item was pulled from the agenda by Council Vice President Arias
and continued to November 14, 2019.
3-E ID19-11487 ***RESOLUTION - 9th Amendment to the Annual Appropriation Resolution
(AAR) No. 2019-133 to appropriate $544,600 for new capital improvement
projects in the Public Works Department (citywide) (Subject to Mayor’s
veto) (Requires 5 affirmative votes)
The above item was introduced to Council by Assistant Director Morrison,
Public Works Department. Upon call, there was no public comment.
Discussion held.
RESOLUTION 2019-225 ADOPTED
On motion of Councilmember Chavez, seconded by President
Caprioglio, that the above Action Item be adopted. The motion carried
by the following vote:
Aye: 7 - Caprioglio, Arias, Soria, Karbassi, Chavez, Bredefeld and
Esparza
CITY COUNCIL (CONTINUED)
4-A ID19-11526
BILL (for introduction) - Adding Section 2-804 to the Fresno Municipal
Code relating to Planning Commission composition
The above item was introduced to Council by Council Vice President Arias,
District 3. Upon call, there was no public comment.
Discussion held.
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City Council Meeting Minutes - Final November 7, 2019
BILL 44 INTRODUCED AND LAID OVER
4-B ID19-11545 ***RESOLUTION - Amending the Salary Resolution and the Transparency
in City Government Act regarding the Compensation of the Fire Chief and
the Police Chief (The Chief Selection Accountability Act) (Subject to
Mayor’s Veto)
The above item was removed from the agenda by Councilmember Esparza,
District 7.
PLEASE NOTE: UNSCHEDULED COMMUNICATION IS NOT SCHEDULED FOR A
SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING
UNSCHEDULED COMMUNICATION
Upon call, the following member addressed Council: David Love
5. CLOSED SESSION
City Council recessed into Closed Session from 11:36 A.M. to 12:00 P.M
and broke for lunch from 12:00 P.M. to 1:30 P.M. City reconvened into
Closed Session from 1:30 P.M. to 3:24 P.M.
There was no announcements after Closed Session and the below items
were discussed.
5-A ID19-11485 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION -
Government Code Section 54956.9, subdivision (d)(1)
1. Eric Panabaker v. City of Fresno, psi, Administered by RISICO
Claims Management;
Workers’ Compensation Appeals Board Case No. ADJ Unassigned
(Police Department)
5-B ID19-11486 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION -
Government Code Section 54956.9, subdivision (d)(1)
1. Kirk Wanless v. City of Fresno, psi, Administered by RISICO
Claims Management;
Workers’ Compensation Appeals Board Case No. ADJ Unassigned (Fire
Department)
5-C ID19-11505 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION -
Government Code Section 54956.9, subdivision (d)(1)
1. Isiah Murrietta-Golding, et al. v. City of Fresno, et al.
United States District Court Case No.: 1:18-CV-00332 (Police
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City Council Meeting Minutes - Final November 7, 2019
Department).
5-D ID19-11528 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION -
Government Code Section 54956.9, subdivision (d)(2)
1. Significant Exposure to Litigation: Landscape Maintenance of
America dba California Highway Adoption Co. v. City of Fresno
(Public Works)
5-E ID19-11547 CONFERENCE WITH LABOR NEGOTIATORS - Government Code
Section 54957.6
City Negotiators: Jeffrey Cardell, Ken Phillips
Employee Organizations:
1. Fresno Police Officers Association (FPOA Basic)
2. Fresno Police Officers Association (FPOA Management)
ADJOURNMENT
City Council adjourned at 3:24 P.M. in memory of all the Veterans.
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Agenda
City of Fresno
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
Meeting Agenda - Final
Thursday, November 7, 2019
9:00 AM
Regular Meeting
Council Chambers
City Council
President - Paul Caprioglio
Vice President - Miguel Angel Arias
Councilmembers:
Esmeralda Z. Soria, Mike Karbassi, Luis Chavez, Garry Bredefeld, Nelson
Esparza
City Manager - Wilma Quan
City Attorney - Douglas T. Sloan
City Clerk - Yvonne Spence, MMC
City Council Meeting Agenda - Final November 7, 2019
The Fresno City Council welcomes you to City Council Chambers, located in City
Hall, 2nd Floor, 2600 Fresno Street, Fresno, California 93721.
The City of Fresno’s goal is to comply with the Americans with Disabilities Act (ADA)
in all respects. The meeting room is physically accessible. If, as an attendee or
participant at the meeting, you need additional accommodations such as
interpreters, signers, assistive listening devices, or the services of a translator,
please contact the Office of the City Clerk at (559) 621-7650 or clerk@fresno.gov. To
ensure availability, you are advised to make your request at least 48 hours prior to
the meeting. The agenda and related staff reports are available at www.fresno.gov,
as well as in the Office of the City Clerk.
The Council meeting can be viewed live on Comcast Channel 96 and AT&T Channel
99 from 9:00 a.m. and is re-played beginning at 8:00 p.m.. The meeting can also be
viewed online at https://fresno.legistar.com.
PROCESS: For each matter considered by the Council there will first be a staff
presentation followed by a presentation from the involved individuals, if present.
Testimony from those in attendance will then be taken. All testimony will be limited to
three minutes per person. If you would like to speak fill out a Speaker Request Form
available from the City Clerk’s Office and in the Council Chambers. The three lights
on the podium next to the microphone will indicate the amount of time remaining for
the speaker.
The green light on the podium will be turned on when the speaker begins. The yellow
light will come on with one minute remaining. The speaker should be completing the
testimony by the time the red light comes on and tones sound, indicating that time
has expired. A countdown of time remaining to speak is also displayed on the large
screen behind the Council dais.
No documents shall be accepted for Council review unless they are submitted to the
City Clerk at least 24 hours prior to the Council Agenda item being heard.
Following is a general schedule of items for Council consideration and action. The
City Council may consider and act on an agenda item in any order it deems
appropriate. Actual timed items may be heard later but not before the time set on
agenda. Persons interested in an item listed on the agenda are advised to be present
throughout the meeting to ensure their presence when the item is called.
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City Council Meeting Agenda - Final November 7, 2019
El Consejo de la Ciudad de Fresno da la bienvenida al City Council Chambers,
ubicado en la Alcaldía (City Hall), segundo piso, 2600 Fresno Street, Fresno,
California 93721.
El objetivo de la Ciudad de Fresno es cumplir con la Ley de Americanos con
Discapacidades (ADA) en todo aspecto. La sala para juntas es físicamente accesible.
Si usted, como asistente o participante de la junta, necesita acomodaciones
adicionales coma intérpretes, lenguaje de señas, aparatos auditivos, o los servicios
de un traductor, por favor comuníquese con la Oficina del Secretario Municipal
llamando al (559) 621-7650 o al clerk@fresno.gov. Para asegurarse de la
disponibilidad, se le recomienda llamar y hacer su petición por lo menos 48 horas
antes de la junta. La agenda y los reportes de personal correspondientes están
disponibles en el www.fresno.gov, o en la Oficina del Secretario Municipal.
Las juntas del Municipio se pueden ver en el Canal 96 de Comcast y el Canal 99 de
AT&T a las 9:00 a.m. y otra vez empezando a las 8:00 p.m. La junta también se
puede ver en el internet en el https://fresno.legistar.com
PROCESO: Por cada asunto que escuche el Consejo Municipal, habrá una
presentación del personal seguida por una presentación de los individuos
involucrados, si están presentes. El testimonio de los presentes se escuchará
entonces. Todo testimonio se limitará a tres minutos por persona. Si usted desea
hablar, Ilene la hoja para pedir hablar disponibles en la oficina del Secretario
Municipal y en la Sala Consistorial. Las tres luces en el atril junto al micrófono
indicarán cuanto tiempo le queda al orador.
La luz verde en el atril se prenderá cuando el orador comience. La luz amarilia se
prenderá cuando quede un minuto. El orador debería estar concluyendo su
testimonio cuando la luz roja prenda y ci sonido indique que se acabo su tiempo. La
cantidad del tiempo que queda también aparecerá en la pantalla grande atrás del
Consejo Municipal.
No se aceptarán documentos para que repase el Consejo Municipal a menos que se
sometan al Secretario Municipal por lo menos 24 horas antes de que se escuche la
Agenda del Consejo Municipal.
Este es el horario general de temas para la consideración y acción del Consejo
Municipal. El consejo Municipal pudiera considerar y tomar acción en un artículo de
la Agenda en el orden que considere adecuado. Artículos con una hora fijada se
pueden escuchar después de la hora indicada pero no antes de la hora indicada en
la agenda. Se les recomienda a las personas que estén interesadas en un artículo de
la agenda, que estén presentes durante toda la junta para asegurar su presencia
cuando se presente ese artículo.
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City Council Meeting Agenda - Final November 7, 2019
LOS ARTICULOS MARCADOS CON TRES ASTERISCOS (***) ESTAN SUJETOS A UN
VETO POR PARTE DEL ALCALDE O UNA RECONSIDERACION
Tso Fresno City Council tos txais koj rau City Council Chambers, nyob rau hauv City
Hall, 2nd Floor, 2600 Fresno Street, Fresno, California 93721.
Lub hom phiaj ntawm nroog Fresno yuav ua kom tau txhua yam raw li txoj cai
American with Disabilities Act (ADA) kom fwm txhua tus. Lub rooj sab laj txhua tus
yuav tsum muaj feem koom kom tau, txawm yog cov tuaj koom, cov muaj feem rau
lub rooj sab laj, yuav tsum kom muaj kev pab rau sawv daws xws li txhais lus, piav
tes, tej twj mloog pob ntseg los yog ib tug txhais lus, thov hu rau Office of the City
Clerk ntawm (559) 621-7650 los sis clerk@fresno.gov. Yuav kom paub tseeb tias
npaj tau rau koj, koj yuav tsum tau hais ua ntej 48 xuab moos ntawm lub rooj sab laj.
Daim ntawv kom tswj thiab tej ntaub ntawv cov ua dej num yuav coj los ceeb tshaj
muaj nyob rau ntawm www.fresno.gov, los sis ntawm Office of the City Clerk.
Council lub rooj sab laj saib pom rau hauv Comcast tshooj 96 thiab AT&T tshooj 99
thaum 9:00 teev sauv ntxoov thiab rov tso tawm thaum 8:00 teev tsaus ntuj. Lub
rooj sab Iaj kuj saib tau online at https://fresno.legistar.com.
TXUAS NTXIV: Txhua nqe laj txheej yuav tau pom zoo los ntawm cov council ua ntej
thiab yuav tau muaj ib tug staff los cej luam dhau ntawd cov uas muaj feem cuam
mam los cej luam ib tug zuj zus, yog tuaj nyob rau ntawd. Dhau ntawd yuav tso rau
sawv daw los tawrn suab, ib leeg twg yuav los tawm suab tsuas pub peb(3) nas this
xwb. Yog koj xav los tawm suab, mus sau rau daim ntawv (Speaker Request Form)
muaj nyob rau hauv City Clerk's Office thiab nyob rau huav Council Chambers. muaj
peb(3) lub teeb nyob rau ntawm lub podium uas puab rau ntawm lub (microphone)
qhia tias tus neeg hais lus muaj sij haum ntev Ii cas xwb.
Lub teeb ntsuab ntawm lub podium yuav cig thaum tus hais lus pib hais. Lub teeb
daj yuav cig thaum tshuav ib(1) nas this. Tus hais lus yuav tsum hais kom tas rau
thaum lub teeb liab cig thiab lub tswb nrov, qhia tias sij haum tas lawm. lb qhov ntxiv
nyob rau saum daim (screen) loj loj dai rau tom cov council nrob qaurn yuav pom lub
sij hawm dhia qis zuj zus los mus.
City of Fresno ***Subject to Mayoral Veto Page 4
City Council Meeting Agenda - Final November 7, 2019
Cov council yuav tsis txais ib yam ntaub ntawv los saib ntxiv tshwj tsis yog twb
muab xa rau City Clerk 24 teev thiab muab tso rau hauv daim kom tswj ua ntej
council yuav los mloog tej xwm txheej.
Dhau ntawd yuav muab sij hawm rau cov council los soj ntsuam thiab ua tes dej
num, Coy tswv zos (City Council) yuav los ntsuam xyuas thiab leg raws tej nqe hauv
daim kom tswj yog pom tias yam twg yuav tsim nyog. Mam muab lub sij hawm los
xyuas raws tej txheej txheem tom qab tiam si yuav tsis yog ua ntej raws Ii daim kom
tswj tau teev tseg. Cov uas txaus siab rau tei laj txheej uas tau teev tseg rau hauv
daim kom tswj, xav kom nyob kom dhau lub rooj sab laj kom thaum hu txog nws thiaj
nyob rau ntawd
YOG QHOV MUAJ PEB LUB HNUB QUB (***) NYOB RAU HAUV DAIM KOM TSWJ
YUAV RAUG MAYORAL VETO LOS SIS ROV SOJ NTSUAM DUA
City of Fresno ***Subject to Mayoral Veto Page 5
City Council Meeting Agenda - Final November 7, 2019
9:00 A.M. ROLL CALL
Invocation by Bhai Sarbjeet Singh from The Sikh Institute of Fresno
Pledge of Allegiance to the Flag
APPROVE AGENDA
APPROVE MINUTES
ID19-11464 Approval of Minutes for October 24, 2019.
Sponsors: City Clerk's Office
CEREMONIAL PRESENTATIONS
ID19-11523 Proclamation of “North Fresno Lions 70th Anniversary Day”
Sponsors: Councilmember Soria
ID19-11404 Proclamation of “Bob Meyers Day”
Sponsors: Councilmember Karbassi
ID19-11273 Mid Valley Disposal to Present their “Recycler of the Year”
awards to IEH Labs (District 4) and Chukchansi Park (District
3).
Sponsors: Council President Caprioglio and Vice President Arias
ID19-11460 Proclamation of “National Veterans Small Business Week”
Sponsors: Council President Caprioglio and Mayor's Office
ID19-11504 Proclamation of “GURU NANAK’s 550th GURPURB, or
BIRTH ANNIVERSARY DAY”
Sponsors: Mayor's Office, Councilmember Karbassi, Council President
Caprioglio and Councilmember Esparza
COUNCILMEMBER REPORTS AND COMMENTS
City of Fresno ***Subject to Mayoral Veto Page 6
City Council Meeting Agenda - Final November 7, 2019
CONSENT CALENDAR
1-A ID19-11294 Actions pertaining to as needed plan checking and inspection
services:
1. Approve a consultant services agreement with Willdan
Engineering, Inc., in an amount not to exceed $100,000; and
2. Approve a consultant services agreement with Interwest
Consulting Group in and amount not to exceed $250,000.
Sponsors: Planning and Development Department
1-B ID19-11407 Actions relating to repealing and adding Building Regulations
in the Fresno Municipal Code:
1. BILL - (For introduction) - Adopting express findings related
to local climatic, topographical and geological conditions that
make the City’s amendments to the California Mechanical
Code and California Plumbing Code reasonably necessary
and repealing Sections 11-101 through Section 11-109 of
Article1, Chapter 11 of the Fresno Municipal Code and
adding Sections 11-101 through Section 11-109 of Article1,
of Chapter 11 to adopt and amend the California Building,
Residential, Electrical, Mechanical, Plumbing, Energy and
Green Building Standards Codes.
Sponsors: Planning and Development Department
1-C ID19-11470 Approve the Third Amendment to the professional consultant
agreement with Stantec Architecture, Inc., to redesign the 65
percent electric bus charging infrastructure design
documents to accommodate primary electrical service
through PG&E EV Fleet Program in the amount of $73,987
and authorize the Director of Transportation or designee to
execute all related documents
Sponsors: Department of Transportation
1-D ID19-11502 Actions related to award of a service contract with DILAX
Systems Inc., of Quebec, Canada, in the amount of $67,131
1. Affirm the City Manager’s determination that DILAX
Systems, Inc., is uniquely qualified to perform maintenance
services for the Department of Transportation, FAX Division,
Automatic Passenger Counter system (APC)
City of Fresno ***Subject to Mayoral Veto Page 7
City Council Meeting Agenda - Final November 7, 2019
2. Affirm the City Manager’s determination that DILAX
Systems, Inc., is uniquely capable as defined by the Federal
Transit Administration for sole-source non-competitive
procurements, to perform maintenance services for the
Department of Transportation’s Automatic Passenger
Counter system
3. Award a two-year maintenance service agreement DILAX
Systems, Inc., of Quebec, Canada, in the amount of $67,131,
with two one-year options
Sponsors: Department of Transportation
1-E ID19-11488 RESOLUTION - Authorizing the Application for Funding from
the Urban Forestry Grant Program Entitled “Urban and
Community Forestry Program” as Provided Through the
Greenhouse Gas Reduction Fund (Citywide)
Sponsors: Public Works Department
1-F ID19-11490 RESOLUTION - Of Intention to Annex Final Parcel Map No.
2016-02 as Annexation No. 26 to the City of Fresno
Community Facilities District No. 9 and to Authorize the Levy
of Special Taxes; and setting the public hearing for
December 5, 2019, at 10:00 am (northwest corner of North
Willow and East Shepherd Avenues) (Council District 6)
Sponsors: Public Works Department
1-G ID19-11507 Approve a Reimbursement Agreement with AT&T for
$166,168.00 to reimburse AT&T for expenses related to
design, construction, and oversight communication
infrastructure relocations to accommodate the “G” Street
Realignment and authorize the Director or his designee to
execute an amendment up to a maximum amount of $34,000.
(Council District 3)
Sponsors: Public Works Department
1-H ID19-11508 Actions pertaining to the Marks and Nielsen Traffic Signal -
Bid File 3669 (Council District 3)
1. Adopt a finding of Categorical Exemption per staff’s
determination, pursuant to Section 15301(c) of the California
Environmental Quality Act Guidelines (CEQA)
2. Award a construction contract in the amount of $374,817
City of Fresno ***Subject to Mayoral Veto Page 8
City Council Meeting Agenda - Final November 7, 2019
to Audeamus Inc., dba Sebastian of Fresno, CA, as the
lowest responsive and responsible bidder for the Marks and
Nielsen Traffic Signal
Sponsors: Public Works Department
1-I ID19-11512 ***Approve a Side Letter of Agreement with the Fresno City
Employees Association (FCEA), for Unit 3, Non-Supervisory
White Collar, regarding Lateral Hire Incentives for Emergency
Services Dispatchers II/III (Subject to Mayor’s Veto)
Sponsors: Personnel Services Department
1-J ID19-11518 Actions related to the City’s Initiative to Combat Human
Trafficking:
1. ***BILL NO. B-37 - (Intro. 10/24/2019) (For adoption) -
Amending Sections 9-1603, 9-1604, 9-1605, and 9-1609 of
the Fresno Municipal Code related to Massage Business
Operations (Subject to Mayor’s veto)
2. ***BILL No. B-38 - (Intro. 10/24/2019) (For adoption) -
Amending Section 9-105 of the Fresno Municipal Code
related to hotel registration (Subject to Mayor’s veto)
Sponsors: Mayor's Office
2. SCHEDULED COUNCIL HEARINGS AND MATTERS
10:00 A.M.#1
ID19-11494 HEARING to adopt resolutions and ordinance to annex
territory and levy a special tax regarding City of Fresno
Community Facilities District No. 11, Annexation No. 105
(Final Tract Map No. 6100) (west side of North Armstrong
Avenue between East Ashlan and Dakota Avenues) (Council
District 4)
1. ***RESOLUTION - To Annex Territory to Community
Facilities District No. 11 and Authorizing the Levy of a Special
Tax for Annexation No. 105 (Subject to Mayor’s Veto)
2. ***RESOLUTION - Calling Special Mailed-Ballot Election
(Subject to Mayor’s Veto)
3. ***RESOLUTION - Declaring Election Results (Subject to
Mayor’s Veto)
4. ***BILL - (For introduction and adoption) - Levying a
City of Fresno ***Subject to Mayoral Veto Page 9
City Council Meeting Agenda - Final November 7, 2019
Special Tax for the Property Tax Year 2019-2020 and Future
Tax Years Within and Relating to Community Facilities
District No. 11, Annexation No. 105 (Subject to Mayor’s Veto)
Sponsors: Public Works Department
10:00 A.M.#2
ID19-11491 HEARING to adopt resolutions and ordinance to annex
territory and levy a special tax regarding City of Fresno
Community Facilities District No. 11, Annexation No. 102
(Final Tract Map No. 6191) (north side of Fancher Creek
Drive west of North Armstrong Avenue) (Council District 5)
1. ***RESOLUTION - To Annex Territory to Community
Facilities District No. 11 and Authorizing the Levy of a Special
Tax for Annexation No. 102 (Subject to Mayor’s Veto)
2. ***RESOLUTION - Calling Special Mailed-Ballot Election
(Subject to Mayor’s Veto)
3. ***RESOLUTION - Declaring Election Results (Subject to
Mayor’s Veto)
4. ***BILL - (For introduction and adoption) - Levying a
Special Tax for the Property Tax Year 2019-2020 and Future
Tax Years Within and Relating to Community Facilities
District No. 11, Annexation No. 102 (Subject to Mayor’s Veto)
Sponsors: Public Works Department
1:30 P.M. CONTESTED CONSENT CALENDAR
3. GENERAL ADMINISTRATION
3-A ID19-11411 Approve the award of a purchase contract to Haaker
Equipment Company, Inc., of La Verne, California, for the
purchase of three Elgin CNG Broom Bear street sweepers in
the amount of $1,189,640
Sponsors: Department of Transportation
3-B ID19-11506 ***RESOLUTION - 12th Amendment to the Annual
Appropriation Resolution (AAR) No. 2019-133 to appropriate
$2,022,700 for operating programs and previously approved
capital improvement projects in the Public Works Department
(Citywide) (Requires 5 affirmative votes) (Subject to Mayor’s
City of Fresno ***Subject to Mayoral Veto Page 10
City Council Meeting Agenda - Final November 7, 2019
veto)
Sponsors: Public Works Department
3-C ID19-11428 Actions pertaining to the East Nees Avenue Pavement
Rehabilitation Project from North First Street to North
Millbrook Avenue - Bid File No. 3687 (Council District 6)
1. Adopt a finding of Categorical Exemption per staff
determination, pursuant to Section 15301(c) Class 1 and
15302/Class 2 of the California Environmental Quality Act
guidelines.
2. Award a construction contract in the amount of
$1,387,220.00 to Avison Construction, Inc. of Madera,
California.
Sponsors: Public Works Department
3-D ID19-11447 Actions pertaining to the City Hall and Municipal Services
Center (MSC) energy savings and sustainability capital
improvement projects: (Council District 3)
1. Adopt findings of Categorical Exemptions pursuant to
Sections 15301(c), 15301(d), and 15301(e) of the California
Environmental quality Action Guidelines
2. Approve a design build agreement with Alliance Building
Solutions, Inc., in the amount of $5,555,258 for an Energy
Efficiency Program and equipment, including but not limited
to efficient lighting, air-conditioning and control and
monitoring systems, roof replacement, elastomeric coating,
and solar panels for implementation of certain energy related
and sustainability services
3. Approve a Solar Power Purchase Agreement with Fresno
Street Solar Project 2019, LLC., for City Hall
4. Approve a Solar Power Purchase Agreement with El
Dorado Street Solar Project 2019, LLC., for the MSC
5. Approve a Solar Energy System Lease Agreement with
Fresno Street Solar Project 2019, LLC.,
6. Approve a Solar Energy System Lease Agreement with El
Dorado Street Solar Project 2019, LLC., and
7. Authorize the City Manager to enter into a Financing
Agreement for the City Hall and MSC Energy Efficiency
Project for a rate not to exceed 2.95%
City of Fresno ***Subject to Mayoral Veto Page 11
City Council Meeting Agenda - Final November 7, 2019
Sponsors: Public Works Department
3-E ID19-11487 ***RESOLUTION - 9th Amendment to the Annual
Appropriation Resolution (AAR) No. 2019-133 to appropriate
$544,600 for new capital improvement projects in the Public
Works Department (citywide) (Subject to Mayor’s veto)
(Requires 5 affirmative votes)
Sponsors: Public Works Department
4. CITY COUNCIL
4-A ID19-11526 BILL (for introduction) - Adding Section 2-804 to the Fresno
Municipal Code relating to Planning Commission composition
Sponsors: Vice President Arias
4-B ID19-11545 ***RESOLUTION - Amending the Salary Resolution and the
Transparency in City Government Act regarding the
Compensation of the Fire Chief and the Police Chief (The
Chief Selection Accountability Act) (Subject to Mayor’s Veto)
Sponsors: Councilmember Esparza
4-C ID19-11548 BILL - (For introduction) - Approve an ordinance of the City of
Fresno, California, adding Section 2-319 of the Fresno
Municipal Code, relating to confidentiality of attorney-client
privileged and personnel records.
Sponsors: Councilmember Karbassi, Councilmember Bredefeld and
Mayor's Office
5. CLOSED SESSION
5-A ID19-11485 CONFERENCE WITH LEGAL COUNSEL - EXISTING
LITIGATION - Government Code Section 54956.9,
subdivision (d)(1)
1. Eric Panabaker v. City of Fresno, psi, Administered by
RISICO Claims Management;
Workers’ Compensation Appeals Board Case No. ADJ
Unassigned (Police Department)
Sponsors: City Attorney's Office
5-B ID19-11486 CONFERENCE WITH LEGAL COUNSEL - EXISTING
LITIGATION - Government Code Section 54956.9,
City of Fresno ***Subject to Mayoral Veto Page 12
City Council Meeting Agenda - Final November 7, 2019
subdivision (d)(1)
1. Kirk Wanless v. City of Fresno, psi, Administered by
RISICO Claims Management;
Workers’ Compensation Appeals Board Case No. ADJ
Unassigned (Fire Department)
Sponsors: City Attorney's Office
5-C ID19-11505 CONFERENCE WITH LEGAL COUNSEL-EXISTING
LITIGATION - Government Code Section 54956.9,
subdivision (d)(1)
1. Isiah Murrietta-Golding, et al. v. City of Fresno, et al.
United States District Court Case No.: 1:18-CV-00332 (Police
Department).
Sponsors: City Attorney's Office
5-D ID19-11528 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION - Government Code Section 54956.9,
subdivision (d)(2)
1. Significant Exposure to Litigation: Landscape
Maintenance of America dba California Highway Adoption
Co. v. City of Fresno (Public Works)
Sponsors: City Attorney's Office
5-E ID19-11547 CONFERENCE WITH LABOR NEGOTIATORS -
Government Code Section 54957.6
City Negotiators: Jeffrey Cardell, Ken Phillips
Employee Organizations:
1. Fresno Police Officers Association (FPOA Basic)
2. Fresno Police Officers Association (FPOA Management)
Sponsors: Vice President Arias
PLEASE NOTE: UNSCHEDULED COMMUNICATION IS NOT SCHEDULED FOR A
SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING
UNSCHEDULED COMMUNICATION
ADJOURNMENT
UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS
November 14, 2019
10:30 A.M - RESOLUTION - Of the City of Fresno Approving a Bond Proceeds
City of Fresno ***Subject to Mayoral Veto Page 13
City Council Meeting Agenda - Final November 7, 2019
Expenditure Agreement between the Successor Agency to the Redevelopment
Agency of the City of Fresno and the City of Fresno in its Capacity as Housing
Successor to the Redevelopment Agency of the City of Fresno
November 14, 2019
1:30 P.M.#2 - Animal Shelter
December 5, 2019
10:00 A.M. #1 - HEARING to adopt resolutions and ordinance to annex territory
and levy a special tax regarding City of Fresno Community Facilities District No.
11, Annexation No. 106 (Final Tract Map No. 6210) (west side of North Armstrong
Avenue between East Shields and Clinton Avenues) (Council District 4)
December 5, 2019
10:00 A.M.#2 - 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. 26 (Final Parcel Map No. 2016-02) (northwest corner of North
Willow and East Shepherd Avenues) (Council District 6)
December 5, 2019
10:10 A.M.#2 - HEARING - Re: Variance Application for over height Billboard
request located at Freeway 41 and Howard, on City property. (Council District 6)
December 12, 2019
10:00 A.M. - HEARING - Ordering the vacation of a portion of South Golden State
Boulevard, south of San Benito Street between “G” Street and “F” Street (Council
District 3).
December 12, 2019
10:10 A.M. - HEARING to adopt resolutions and ordinance to annex territory and
levy a special tax regarding City of Fresno Community Facilities District No. 9,
Annexation No. 42 (Assessor’s Parcel Number 509-040-03 and 509-040-04)
(northwest corner of the intersection West Jennifer and West Jacquelyn Avenues)
(Council District 2)
December 12, 2019
10:15 A.M. - HEARING re: General Plan Amendment, Rezone and Development
City of Fresno ***Subject to Mayoral Veto Page 14
City Council Meeting Agenda - Final November 7, 2019
Permit for a 193-unit multiple family project proposed by Spencer Enterprises.
The project is located near the SE corner of Bullard and Figarden Drive.
UPCOMING EMPLOYEE CEREMONIES
November 20, 2019 (Wednesday) –2:00 P.M. - Employee Service Awards
January 29, 2020 (Wednesday) – Employee of the Winter Quarter
April 22, 2020 (Wednesday) – Employee Service Awards
May 20, 2020 (Wednesday) – Employee of the Spring Quarter
July 22, 2020 (Wednesday) - Employee of the Summer Quarter
October 21, 2020 (Wednesday) - Employee of the Fall Quarter
November 18, 2020 (Wednesday) – Employee Service Awards
2019 CITY COUNCIL MEETING SCHEDULE
NOVEMBER 14, 2019 - 9:00 A.M. MEETING
NOVEMBER 21, 2019 - NO MEETING
NOVEMBER 28, 2019 - NO MEETING
DECEMBER 5, 2019 - 9:00 A.M. MEETING
DECEMBER 12, 2019 - 9:00 A.M. MEETING
DECEMBER 19, 2019 - NO MEETING
DECEMBER 26, 2019 - NO MEETING
City of Fresno ***Subject to Mayoral Veto Page 15
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