Thread by @AndyHS

September 16th, 2021 Fresno City Council meeting! Among the items include a Special Meeting to override Mayor Dyer’s Veto regarding PLA (Project labor Agreement); City Council Public Accountability Act (keeping Zoom available permanently to allow public to remotely participate)

SAFER Grant;Amending Historic Preservation Ordinance;Amending the Resolution of the Transparency In City Government Act to prohibit the payment of severance to Unit 2 (Non-represented Management and Confidential employees) if the employee is convicted of any felony;@fresnoland

Among the CONSENT CALENDAR items include the following:
1-F *Actions pertaining to the proposed renewable natural gas pipeline at the Regional Wastewater Reclamation Facility (Council District
3)

1-I Actions pertaining to the FY 2020 Staffing for Adequate Fire and Emergency Response (SAFER) grant award:
1. Approve application for and acceptance of FY 2020 Staffing for Adequate Fire and Emergency Response (SAFER) grant award for $12,611,100 through the U.S. Department

1-J Adopting the 16th Amendment to the Annual Appropriation Resolution (AAR) No 2021-178 to appropriate $836,400 for the October 2021 Fire Drill School Academy (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto).

1-K*** Approve a three-year Service Agreement with Granicus, Inc. for digital software suites and services in the amount of $299,238.15 with year one totaling $105,049, year two totaling $93,811.18 and year three totaling $100,377.97

1-O ****Approving authority for a retroactive one-time payment effective July 1, 2020, up to 5% of base pay earned in fiscal year 2021 or a retroactive salary increase effective July 1, 2020, up to 5% of base pay for Unit 2 (non-represented management and confidential) employees

employees currently subject to a salary freeze implemented by the City Manager.

1-P Actions pertaining to a Deposit Assistance Program and landlord-tenant counseling services funded through the U.S. Department of Housing and Urban Development (HUD) entitlement funds to prevent, prepare for, and respond to COVID-19:
1. Approve agreements with Reading and

Beyond in the amount of $250,000 and 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.
​​​​​​​2. Approve an agreement with Community Housing Council in the amount of

$480,000 in Community Development Block Grant-Coronavirus (CDBG-CV) funds for landlord-tenant counseling services through December 31, 2023.

1-Q Approve Agreement with Poverello House in the amount of $758,500 for homeless outreach and assessment using Homeless Housing Assistance and Prevention (HHAP) funds effective from October 1, 2021 to September 30, 2023.

1-R Approve a First Amendment to the HOME Investment Partnerships Program, Community Housing Development Organization Agreement with Habitat for Humanity Fresno County, Inc., to increase the homebuyers' forgivable portion of the second mortgage loan from $48,000 to $156,800.

1-T The City of Fresno has been awarded grant funds of $489,000 from the Office of Traffic Safety to
undertake the Selective Traffic Enforcement Program (STEP). The grant period is from October 1,
2021 through September 30, 2022. The goal of the STEP program is to reduce the

number of
persons killed and injured in crashes involving alcohol, speed, distracted driving, and other primary
collision factors. Grant funds will be used to fund overtime pay for officers to implement approved
best practices strategies and to purchase checkpoint supplies,

Changeable Message Sign Trailer,
Crash Data Retrieval tools and Drone Mapping software for motor officers assigned to the Traffic Bureau. There is no match requirement.

1-U Actions pertaining to the 2020 National Sexual Assault Kit Initiative (SAKI) grant program, herein referred to as the SAKI grant:
1. Authorize the Chief of Police or his designee to accept $2,186,109 in grant funding for the SAKI grant awarded to the Fresno Police

Department from the U.S. Department of Justice, through the Office of Justice Programs Bureau of Justice Assistance (BJA).
2. Authorize the Chief of Police or his designee to enter into a Memorandum of Understanding (MOU) with Fresno County Probation Department, James Rowland

Crime Victim Assistance Center for a full time Victim Advocate throughout the three-year grant performance period totaling $280,500.
3. ***RESOLUTION - Adopt the 5th Amendment to the Annual Appropriation Resolution (AAR) No. 2021-178 appropriating $723,000 for the Police

Department’s National Sexual Assault Kit Initiative (SAKI) grant (Requires 5 Affirmative Votes)

1-W **Approving the Final Map of Tract Vesting Tentative Tract Map No. 6258, and accepting dedicated public uses offered therein except for dedications offered subject to City acceptance of developer installed required improvements – north side of Ashlan between Hayes / Bryan Ave

1-AA , a Veterans Memorial District is a special district charged with honoring
Veterans and serving the community; and
, there are twenty-seven Veterans Memorial Districts throughout
California, including two in Fresno County - Clovis Veterans Memorial District and
Riverdale

Memorial District, both formed in 1946; however, the majority of the City of
Fresno is not in either District; and
, Veterans Memorial Districts are dedicated to the memory of those
who proudly served and protected our country; they focus on the local veterans needs in
the

region of the District; and they promote a legacy of service in the community.

1-BB City Council Public Accessibility Act (Subject to Mayor’s Veto).
Sponsors: Council Vice President Esparza, Councilmember Maxwell
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA, ESTABLISHING THE “CITY
COUNCIL PUBLIC ACCESSIBILITY ACT”
during the COVID-19

pandemic, the City has offered an electronic
participation option for members of the public wishing to participate in the City Council
meeting, but who are unable or unwilling to attend in person; and
nothing in the Brown Act prohibits electronic or telephonic
participation by

members of the public, and the electronic and telephonic options shall be
in addition to in person public participation at a physical location; and
the Council desires to extend this option permanently, as it invites a
greater degree of public participation because members of the

public are able to join
teleconference meetings from their home, work, or any location with an internet
connection or telephone service to provide public comment to their elected officials; and
, this option allows the public to participate in agenda items of interest
without

spending multiple hours at City Hall waiting to provide comments; NOTE:That is my job to spend hours watching City Council 😉

*****1-DD Amending the Resolution of the Transparency In City Government Act to prohibit the payment of severance to Unit 2 (Non-represented Management and Confidential employees) if the employee is convicted of any felony

1-EE* BILL (for introduction) – Amending the Fresno Municipal Code relating to the Historic Preservation Ordinance of the City of Fresno

Watch Live beginning at 9 AM cmac.tv/gov/

@fresnoland #Fresno

All Councilmembers present. Invocation Father Alec from St. Anthony's with the Invocation.Leads the Pledge of Allegiance as well as Mexican Independence Day.

Items 1-D, 1-N, 1-R, 1-EE items removed by Arias with no return date.1-K, 1-L.1-P on Contested contest by Maxwell. 1-Y by Arias. 1-I and 1-AA by Soria. 2-C she would like to Table to future date due to amount of late paperwork that came in just yesterday.Chavez mentions we spoke

on this during a Closed Session. City Attorney mentions it will be on Closed Session as well.1-R is time sensitive so it will remain. 1-CC :Card room exempts first 30 tables correct asks Karbassi.1-H pulled by Bredefeld. He also registers NO vote on 1-CC.

1-Q Chavez recuses himself. 5-D removed from Closed Session. 1-CC recuses herself.Bredefeld asks if we need to state why we pull an item? City Attorney Sloan says no reason needed.

Councilmember Reports: Soria:Domestic Violence report in October. Knots in her stomach for emotional abuse she has endured. He has initiated a witchhunt. No more she says. I stand up for all women. Garry Bredefeld says he stands up for tough on crime. Only stench in this office

comes from Bredefeld who protected a staff member for 2 years who has been accused of domestic violence. Bredefeld testified on the staff member behalf at trial. Where are those who claim to be tough on crime today? We need to hear from our Mayor. Bredefeld needs to make tax-

payers whole for paying this staff member's salary. Donate the remaining campaign money to Marjoree Mason.Arias:we can't discuss this in Closed Session so it has to be in public. We can no longer ignore Bredefeld's behavior. We have had meetings where we had to go into recess due

to Bredefeld's behavior. I voted NO to allow him to carry a concealed weapon. He shared confidential info in violation of Brown Act. He knowingly hired someone with history of domestic violence. He protected this person for 29 months. Bredefeld spoke for stronger laws but why not

his own staff member? Fake social media accounts used. We have been forced to craft 1-DD due to this. Bredefeld needs to be removed from committees. Maxwell:not unusual for councilmembers to have heated discussions but to make personal attacks on each other. Bredefeld would call

us feckless tyrants but not himself. He is on a legislative dais. He likes to say he is strong on crime. Advance Peace hopes to keep disadvantaged kids from a life of crime. Bredefeld however thinks this is rewarding criminals even though the kids had never been convicted of any-

thing. Now we find he harbored a criminal staff member and $250,000 in taxpayer salary. It turns out he is the hypocrite and not the other councilmembers he likes to state. Bredefeld: where do I start?? i believe in assumption of innocent. Once he pleaded No contest he was let go

He was an exemplary staff member until then. He lost his retirement plan and salary ended once pleaded. People need due process. Accountability is needed. This gang of four we got here attacked me. I can handle their attacks. More pain heaped on the family members of this fired

staff member. I will continue to call out this Gang of Four here. Bee had an article of Developer Tutelian claiming a bribe was requested by Arias. Soria's fiance is treated different down here. Corrupt Gang of 4 gave money to Terrence Frazier when City didn't owe them a penny.

Arias had a fundraiser at Frazier's home the day before. DA Lisa Smittcamp is investigating violation of Brown Act that I am holding in my hand. Club One Casino was held hostage by this Gang of Four. Maxwell wouldn't know a private job if it hit him. Maxwell wanted to skim 12%

of Club One Casino tax revenue instead of General Fund. Arias wanted 50%. I could talk for next half hour about this corrupt Gang of Four. Who is lying Tutleian or Arias? I will continue to talk about the stench here. I will double and triple down. Esparza: lack of regret by my

colleague. Women employees have reached out asking how did the background check of employees and Bredefeld. He has spoke about Snitch Hotline when referring to Covid Code Enforcement. Stench here was always here. We have found out where it was coming from. Chavez:This is not the

venue for this and a Press Conference would have been more appropriate. I recognize they have First Amendment rights. Thanks @MarkStandriff and @BeautifyFresno for leading clean up near Story Park. Karbassi:Yom Kapoor to our Jewish Community. Sorry for the victims of this

domestic violence we were speaking on today. Esparza: I wish Chavez and Karbassi would have a constincy. Bredefeld: I will continue to speak on the corruption and stench.Decorum is great and all. Chavez: I don't like back and forth. Soria:Most of this is coming from one side and

for past 2 years. Now Bredefeld is calling us a Gang and criminals.He wants to now triple down. It is not fair when he makes baseless accusations but Chavez had no issue until we spoke up today and now wants it to be equal. Chavez:we have spent an hour on this now when

constituents text about crime.Bredefeld:When Arias was President I had several run ins with him as to cutting off a video I was showing.I won't be cut off and others have a right to not be cut off. A majority wants to cut off a minority. Chavez:I can't wait for the next Council

president to begin. Arias:This was a public employee and this is City's business. We can't let one person disparage others up here without a response.

City Manager:To City employees we need to keep focus on our mission and help the public. Don't let this distract us. Stay committed. Give the greatest service. Dyer:Council hires their employees. Used to be under City Manager to keep consistency.I recommend we go back to that

system. I didn't hear about this particular case until it came out in the newspaper. I would put employee on leave or light duty if this had happened at PD. Administrated handled bifurcated from criminal portion. Better news:Flag raising at Eaton Plaza for Mexican Independence

Public Comment:@LisaYFlores1 African Coalition helped me get my Covid booster shot . Also thanks Soria for speaking out. Where was Bredefeld when I called him a death dealer? did he stand up for my rights then? He is a racist and white supremacist. He encourages Proud Boys to

Tower District. Keith Scott:HR function perhaps rather than all poured out here.Sam Frank:(garbled a bit)always hoped employees would get vaccinated but some don't or can't. (Lost connection) Mollie Ann:shocked at amount of homeless. I saw Arias and asked him about it. He told me

to :F-myself" I couldn't believe he would say that to women. I can't believe he acts like he is a champion of women. Robeert Mccloskey: Homeless Team HART is using one page memo regarding homeless clean ups.H Spees gets a 6-figure salary. Dez Martinez:Adventure Church members

and Proud Boys said open season on us.This hate group is wasting tax payer money with PD. Arias:City manager will be meeting with Dez's group. Steve Ayala:against PLA item. (garbled).Daniel:Embarrasing to watch Council fight like high school kids. I would like Arias to respond on

women's comment. Brooke Aiello:City not acting on Code violations at the rich Adventure Church but only with homeless. Brandi:Trained Social workers needed to work with homeless.Kyle Kirkland of Club One Casino:recent Boots in the park concert was well done.31 card tables but 20

other tables needed.Nicole Goehring:Associated Builders and Contractors rep. Applauds @MayorJerryDyer for Veto on PLA. Council please don't override veto.

1-H RESOLUTION – 8th Amendment to the Annual Appropriation Resolution (AAR) No. 2021-178 to appropriate $4,000,000 of Health and Human Services funding to conduct a health literacy campaign. Barfield will oversee this. Arias:why is this under FAX? Barfield:federal grants are

very similar and we are capable of overseeing. 1-I Actions pertaining to the FY 2020 Staffing for Adequate Fire and Emergency Response (SAFER) grant award. Soria:previous Administration wasn't excited about this grant but wants to be sure we take advantage of this. Esqueda:we

can make this work this year as we have debt dropping off. Next rounds we will need to check if we can pay for it.We will need to know when sales revenue will go down again.

1-K*** Approve a three-year Service Agreement with Granicus, Inc. for digital software suites and services in the amount of $299,238.15 with year one totaling $105,049, year two totaling $93,811.18 and year three totaling $100,377.97. Arias:not as user friendly. Granicus had

poor personal service in the past. White:City Clerk had that discussion and we are confident this is part of contract. Also an opt out clause.Chavez: we had lots of issues with previous system. We will have our IT teach on board. Soria:we should have had text modeling done last

time. I want to be able to email directly from the site to who I need to whether that is staff etc.

1-L Authorize the Parks, After School, Recreation and Community Services (PARCS) Department to accept a grant in the amount of $125,000 from the State of California Department Office of Traffic Safety for the Pedestrian and Bicycle Safety Program. Maxwell:kids love this. How much

of this goes to salary and how much to the actual rodeo? TJ Miller:the larger the staff the larger the rodeos. Staff Ryan Garcia:No deadline for when these grants will end. Assume these grants will continue.Service aids/assistance salaries but very little for administration. They

are part time employees.Soria:Measure P dollars involved? Miller: we do and hope to stretch it through the year. Measure P update soon. Esqueda:Arts portion is going through process. new Parks Director should be named by November.

1-P Actions pertaining to a Deposit Assistance Program and landlord-tenant counseling services funded through the U.S. Department of Housing and Urban Development (HUD) entitlement funds to prevent, prepare for, and respond to COVID-19:Arias:amendment added to item.Approved

1-R Approve a First Amendment to the HOME Investment Partnerships Program, Community Housing Development Organization Agreement with Habitat for Humanity Fresno County, Inc., to increase the homebuyers' forgivable portion of the second mortgage loan from $48,000 to $156,800.

Soria:big jump. will this allow more to purchase? Staff:home portion is smaller and first mortgage is larger where Habitat makes more money. Arias:need more time.

1-Y Approve Contract Change Order No. 2 to Durham Construction Inc., of Clovis California in the amount of $300,000 and twenty (20) working days for additional work related to unforeseen conditions at the Travel Inn Motel Rehabilitation for Homeless Relocation Project for total

contract value of $1,417,825.80 (Council District 3).Public works Mozier:some rooms were found to have no hot water etc.Arias:heavier duty fence was to be erected. Did that happen?Mozier:occuring but not by this contract. Soria:what general fund dollars being used? Esqueda:all

accounted for.Soria:local preference policy but I would like contractor is located in Fresno too.H Spees:Travel Inn will add short term and long term as well as Valley Inn. Pipeline from Streets to shelter to housing. Approved

1-AA , a Veterans Memorial District is a special district charged with honoring
Veterans and serving the community; and
, there are twenty-seven Veterans Memorial Districts throughout
California, including two in Fresno County - Clovis Veterans Memorial District and
Riverdale

Memorial District, both formed in 1946; however, the majority of the City of
Fresno is not in either District; and
, Veterans Memorial Districts are dedicated to the memory of those
who proudly served and protected our country; they focus on the local veterans needs in
the region

of the District; and they promote a legacy of service in the community.Chavez:Currently some money goes to Clovis District. I did not know that.We will need to speak with the various Posts in city districts. soria:Who has control over boundaries?We need to be sure cap on new

homes purchases. Clovis District seems to take in most of the wealthier part of Fresno. How will this impact this new District? Sloan:LAFCO determines this.Chavez:need to build closer to residents paying for it OR transportation to the facility.Arias:Fresno taxpayers are subsidiz

-izing Clovis' version while our veterans facilities are deteriorating. These decisions were made in 50's/60's.We need to press pause on leases at Fresno Memorial Vet Hall. Karbassi:This will be a game changer for our veterans.Sloan:could take a year to form.

2-B TEFRA HEARING - Tax Equity and Fiscal Responsibility Act (TEFRA) RESOLUTION- Approving the issuance of multifamily housing revenue bonds, series 2021 (Humangood) by the California Municipal Finance Authority, in an aggregate principal not to exceed $150,000,000, for the

purpose of financing the construction, remodeling, renovating, furnishing, and equipping of the Terraces at San Joaquin Gardens and certain other matters relating thereto (Subject to Mayor’s Veto) Approved

Sloan:Going to Closed Session for items 5-B Action for declaratory relief: City of Fresno v. Friant Water Authority AND 5-C Significant Exposure to Litigation: Leadership Counsel for Justice and Accountability v. City of Fresno

After those two Closed Session items City Council will then go to Lunch Until 1:30 . Some of the items coming up is the Special Meeting on Overriding Mayor Dyer's Veto on PLA.

Back from Lunch Break. Esqueda:Kern Friant Canal has been damaged due to overdrafting of water. City ddin't cause it but Friant knows who did. However they are coming to City for monetary help. $14 million behind on electrical rate. We have tried to come up with a solution but

now a legal issue. Approved in Closed Session 4-2 with Chavez/Bredefeld voting NO and Soria abstain.

2-D Actions pertaining to the Program Year (PY) 2020 Consolidated Annual Performance Evaluation Report (CAPER) for U.S. Department of Housing and Urban Development (HUD) Community Planning and Development (CPD) programs:
1. HEARING to obtain public comments regarding the PY

2020 CAPER; and
2. Adopt PY 2020 CAPER and authorize submission to the U.S. Department of Housing and Urban Development (HUD).
Staff:No public comment submitted. Public via Zoom:@LovesMercy Brandi:Lack of evaluation that is client centered and a third party.Need to hear from

those homeless clients. Comprehensive too.Next:Dez Martinez:I would like info on Homeless Outreach Team.Seems like outreach is to only Project Outreach type of homeless.I was told outreach team would leave if I a homeless advocate arrives. Is this outreach for

entire city of Fresno??

Special Meeting
23431 Approve override of the Mayor’s veto of “RESOLUTION – Approving a Project Labor Agreement for Citywide Public Work of Improvement Projects,” Resolution 2021-242 adopted by the City Council on September 2, 2021. (Requires 5 affirmative votes).
Sponsors:

Council President Chavez. @D7Esparza Can we hear only from public as we have already spoke on this extensively? Karbassi motions to call the question now prohibiting Council comments .Chavez wants to hear from City Manager. Public will get to comment regardless.@GarryBredefeld I

will oppose this as I think everyone should be able to work or to limit debate. Esparza: we just discussed this at length 2 weeks ago. Karbassi:we all saw Mayor's comments. 6-1 to limit council debate. City Manager is thus speaking as a member of public. This will cause go back-

wards on who can be hired. We have the data. Airport was a simple design that a 3rd year engineering student could do. Building Council still couldn't match our Public Works?Public Utility. They hire more local hires. Building Council leads to only 50% local hires. How do we re-

ward Public Works?Utility? City council gives monopoly to Building Council. Why?Because Public Works/Utility was too good and hurt Building Council image. Esparza asks if time limit is exceeded. Chavez says he is running the meeting. Esqueda:When we have a contract we will show

how many contractors did not bid due to PLA. We are going backwards with this? Bredefeld: Building council doesn't hire as many local as we do? A:No.They can't compete. Public works/ Utility will still be on top. Local companies will submit No Bid document. They are excited about

this. I have never seen a City council go backwards.Hiring 2/3rds local and we will go back to 50% only. We have the data. Mayor speaking as a member of public. I didn't take this veto lightly but there are negative consequences to local businesses and non-union workers. It will

make it harder to hire local. Only 13% of workers are union. Contractors will need to be responsible for union workers they didn't hire. Non-union workers will need to pay into union coffers as well as their own pension. A contractor based in Fresno has to hire 50% union workers

I am asking Council to reconsider. A PLA can be good. I am asking if contractor is HQ in Fresno, all workers live in Fresno and pay a pension that they will be exempted from this PLA. It needs to be put into PLA contract. I have been a union worker for 40 years. Bredefeld:asks

mayor why would council do this?? Mayor: I learned more about this recently. Well intended but some consequences. Bredefeld:You have set a good example. Karbassi:I respect Esqueda's passion. What 3 things are you going to do? A:a new line item that asks PLA's cost. New form that

is a No Bid form stating that they can't be competitive due to PLA. Karbassi:how long has PLA been banned? sloan:since 2002. White:that was very contentious, tires slashed, packed with Union. Karbassi:Administration had 6 months to help craft this but now are against it.Esqueda:

we were told we were there as a courtesy. We knew we were outvoted. Karbassi:We need to hire more new union trainees. Our economy needs to be better to prevent poverty. Quality of Building Council is very hire. Esqueda: I am not going to say one type is better. Karbassi: we had a

ban on PLA for 18 years and economy was still bad. You had a monopoly but now you are against a monopoly. Arias:City Manager is creating an additional form. Can we have a form that states how much a bidder contributed to Mayor etc? Sloan: we will have to look into that. Chavez:

how many change orders have we had? Esqueda:airport is a lego set compared to Water Treatment Plant. Chavez:everyone is working and won't be a problem for 5 years. We want to create a pipeline. Esqueda:Public Works/Utility creates a pipeline. Soria:We need particular slots are

being filled by Building Council such as homeless etc. Public Comments:Steven Ayala:Construction worker who graduated from apprentice program and a plumber. Thanks Mayor for vetoing this. This will directly effect me. Next:Joe Lubas:Reading on behalf of an apprentice. I have work

-ed mainly around Fresno. If PLA is not vetoed companies will take these great projects. I go through same apprentice as Union shops but to give these jobs to union workers is not fair. Rich martin:we opened a training facility in Karbassi's District but they will be closed to

City works. The PLA ban didn't prevent Union workers from working but this PLA project will keep non-union apprentices from working. Perhaps Unions need to state who they are donating to as well. Next:Rosa Trevizo:If this is not stopped today it will be 5 years before it can be

overturned. Offsight fabricators is a concerned. Not enough local hire to satisfy what is needed under this PLA.@LisaYFlores1 401 K pension needs to be a defined benefit. 50% outside hire can be 25%. I would like to see Fresno a Union town.Quality of life goes up. Keeps those

trained locally will stay to work locally. A construction project is a construction project. A project that doesn't have a change order is a project that didn't get built. Next:I was part of group that got PLAs banned earlier. It allowed every worker in Fresno to work. We hire

not only non-union shop workers but from all. This is a discriminatory bill. If it already working don't fix it. Most contractors don't want to be union. There is no exit plan. What happens if this fails? No out. Bredefeld:apprentices and journeyman pipelines? Esqueda: they exist

and not just union. Arias:Esqueda says local he means within 25 miles so it is great at hiring people from Madera etc. This PLA defines it more narrower. Esqueda:Change the boundaries if you want we will still smoke it. Chavez:there is a quarterly provision to see how PLA is